HomeMy WebLinkAboutCOW 2019-09-09 COMPLETE AGENDA PACKETTukwila City Council Agenda
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❖ COMMITTEE OF THE WHOLE ❖
Allan
2905 David
Ekberg, Mayor Counc/lmembers: ❖ Dennis Robertson ❖ Verna Seal
Cline, CityAdministrator :• De'Sean Quinn ❖ Kate Kruller
Hougardy, Council President ❖ Thomas McLeod ❖ Zak Idan
Kathy
Monday, September 9, 2019; 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. SPECIAL
PRESENTATIONS
Recognize the promotion and swearing in of:
• Sergeant Andi Delic (Badge #200)
• Sergeant Phil Glover (Badge #105)
Bruce Linton, Police Chief
3. PUBLIC
COMMENTS
At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per person). To comment
on an item iistedon this agenda, please save your comments until the issue is
presented for discussion. (Refer to back of agenda page for additional information.)
4. SPECIAL ISSUES
a. An Interlocal Joint Purchasing Agreement with the City of Bellevue
for job order contracting.
b. An Interlocal Agreement with the King County Fire Chiefs Association
for Regional Automatic Aid.
c. A resolution updating the Fire Department fee schedule.
d. Discussion on Fire Department budget.
e. An ordinance and a resolution related to House Bill 1406
("Encouraging investments in affordable and supportive housing").
f. An ordinance to establish penalties for the crime of exposing minor
children to domestic violence.
Pg.1
Pg.19
Pg.43
Pg.63
pg.87
pg.117
5. REPORTS
a. Mayor
b. City Council
c. Staff
d. Council Analyst
6. MISCELLANEOUS
7. ADJOURNMENT
Reasonable
City Clerk's Office
www.tukwilawa.gov,
Tukwila City Hall is ADA accessible.
accommodations are available at public hearings with advance notice to the
(206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at
and in alternate formats with advance notice for those with disabilities.
Tukwila Council
meetings are audio/video taped (available at www.tukwilawa.gov)
HOW TO TESTIFY
When recognized by the Presiding Officer to address the Council, please go to the podium and state your
name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit
your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and
may not be able to answer questions or respond during the meeting.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council on items that are NOT included an
the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a
comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic.
SPECIAL MEETINGS/EXECUTIVE SESSIONS
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters as prescribed by law. Executive Sessions are not open to the public.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may
speak a second time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at that time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL MEETING SCHEDULE
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the fonn of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council
President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a
one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed there are forwarded to Regular or Special Council meetings for official action.
COUNCIL AGENDA SYNOPSIS
Sieeting Date
Prepared by
itlepor',r re'iew
Con aici! review
09/09/19
GL
09/16/19
GL
ITEM INFORMATION
ITEM No.
Sl'o soR: GAIL LABANARA
ORiGiN.11, � Cr(a,ltil ,l DA i 1,: 09/09/19
zi& tND.1 IIIi, T TriLI,: Public Works Interlocal'Joint Purchasing Agreement with the City of Bellevue
Piggybacking for Job Order Contracting
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09/09/19
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S I't )NSOR ® Coounnil
Poiie°e N4 PEk '
7NSOR'S Council is being asked to approve the Interlocal Joint Purchasing Agreement with the City
SI'AIM R ' of Bellevue to piggyback on the use of their Job Order Contract. A Job Order Contract is a
Washington State approved procurement method in which a general contractor agrees to
work orders from a pre -established catalog on public works contracts, over a fixed period
of time. Bellevue currently has $1 million in extra capacity that could be utilized by
Tukwila.
R VII, 1.) BY
Ej C.O. '
g. ❑ CDN Comm
n Arts Comm.
Q Finance
Comm. ❑ Public Safety Comm.
Comm. ❑ Planning Comm..
CIIAIR: ZAK IDAN
Trans &Infrastructure
• Parks
DATE: 08/20/19
COMMIITEI
RECOMMENDATIONS:
Svc )NS()R/A)
IT
Ii*'; Public Works Department
I rI ;1, unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Fxli N tilth RI.( '1RI?1) AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00;
Fund Source:
Comments:
MTG DATE
RECORD OF COUNCIL ACT ON
09/09/19
09/16/19
MTG. DATE
ATTACHMENTS
09/09/ 9
Informational Memorandum dated:08/16/19
Intergovenmental Agreement with the City of Bellevue
Job Order Contracting for Novices
fob Order Contracting Substitute House Bill 1295 for RCW 39.10.420-450
Minutes from the Transportation and Infrastructure Committee 08/20/19
09/16/19
1
2
Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director
BY: Gail Labanara, Public Works Analyst
CC: Mayor Ekberg
DATE: August 16, 2019 (revised after 8/20/19 TIC)
SUBJECT: Public Works Interlocal Joint Purchasing Agreement with the City of Bellevue
Piggybacking for Job Order Contracting
ISSUE
Approve Interlocal Joint Purchasing Agreement with the City of Bellevue to piggyback the use of
their Job Order Contract for a maximum amount of $1,000,000.
BACKGROUND
A Job Order Contract (JOC) is a State approved procurement method in which a contractor agrees
to provide an indefinite quantity delivery of negotiated and definitive work orders from a pre-
established catalog on public works contracts, all over a fixed period of time. The JOC
procurement method is intended to streamline the public works process and reduce costs by
utilizing pre -fixed unit prices, as submitted and agreed to by the selected contractor after an RFP
process. Job Order Contracting reduces the lead-time for smaller public works projects and allows
for work orders to be issued. The benefit to the contractor is that they are motivated to perform
quality work at a reasonable cost by the promise of continued work orders and potential extension
of the contract.
On July 28, 2019, the State legislature amended RCW 39.10.420 for Job Order Contracting and
are now allowing all public bodies of the State of Washington to award job order contracts (which
was formerly limited to cities greater than 75,000 population).
The City of Bellevue is allowing us to "piggyback" on their main JOC contract with Saybr
Construction and their JOC consultant, Gordian Group, and allow Tukwila to use up to $1 million in
capacity (out of Bellevue's $4 million capacity per year over three years through September 2021).
ANALYSIS
RCW 39.10.440 limits the use of JOC to no more than three job order contracts in effect at any one
time. With Bellevue's Interlocal Joint Purchasing Agreement, 5% of costs would be payable to
Gordian, 10% to the main general contractor, Saybr, and at least 90% of the work would be
subcontracted. All work would be paid prevailing wages and the job order contractor must
distribute contracts as equitably as possible among qualified and available subcontractors,
including certified minority and woman -owned subcontractors. The maximum dollar amount for any
one work order is now $500,000.
INPWSTORE1PW Common$1PW EnglOTHERIGail LabanaralJob Order Contract - Gordiantinfo Memo Job Order Contracting 081619.docx
3
INFORMATIONAL MEMO
Page 2
The process for a Job Order Contract is to identify the project and work with Gordian and Saybr to
develop a scope of work. The contractor would then use a fixed pricing mechanism (from the RFP
catalog) to list the proposed sub -contractors, the schedule, and the lump sum cost. In addition, any
change orders would also be on the same fixed unit prices. The City would then decide if to
approve the proposed work order with Gordian/Saybr or look at other options. There is no
obligation to use JOC and other bidding options are always available.
FINANCIAL IMPACT
There is no financial impact. Budget limitations would still be applied, and we would use the City
policy of Council approval for any contract over $40,000. Finance may look at our financial policies
when Tukwila surpasses the 20,000-population level.
RECOMMENDATION
Council is being asked to approve the Intergovernmental Agreement with the City of Bellevue for
use of their Job Order Contract and to consider this item at the September 9, 2019 Committee of
the Whole and on the Consent Agenda at the September 16, 2019 Regular Meeting.
Attachments: Intergovernmental Agreement with the City of Bellevue
Job Order Contracting for Novices
Job Order Contracting Substitute House Bill 1295 for RCW 39.10.420 - 450
4\\PWSTORE\PW Common$\PW Eng\OTHER\Gail Labanara\Job Order Contract - Gordian\tnfo Memo Job Order Contracting 081619.docx
INTERLOCAL JOINT PURCHASING AGREEMENT
THIS AGREEMENT is between the City of Bellevue, a political subdivision of the State of
Washington, and City of Tukwila ,•a public
agency under the laws of the State of Washington.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provided for interlocal cooperation between governmental
agencies; and
WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for
intergovernmental disposition of property; and
WHEREAS, the parties desire to utilize each other's procurement agreements when it is
in their mutual interest; --
NOW, THEREFORE, the parties agree as follows;
1 PURPOSE: The purpose of this agreement is to acknowledge the parties' mutual
interest to jointly bid the acquisition of goods and services where such mutual effort
can be planned in advance and to authorize the acquisition of goods and services
and the purchase or acquisition of goods and services under contracts where a price
is extended by either party's bidder to other governmental agencies.
2. ADMINISTRATION: No new or separate legal or administrative entity is created to
administer the provisions of this agreement.
3. SCOPE: This agreement shall allow the following activities:
A. Purchase or acquisition of goods and services by each party acting as agent for
either or both parties when agreed to in advance, in writing;
B. Purchase or acquisition of goods and services by each party where provision has
been provided in contracts for other governmental agencies to avail themselves
of goods and services offered under the contract and/or where either party's
bidder is willing to extend prices to other governmental agencies.
4. DURATION AGREEMENT — TERMINATION!: This agreement shall remain in force
until cancelled by either party in writing.
RIGHT TO CONTRACT INDEPENDENTACTION` PRESERVED: Each party
reserves the right to contract independently for the acquisition of goods or services
without notice to the other party and shall not bind or otherwise obligate the other
party to participate in the activity.
6. COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for
compliance with federal, state or local laws and regulations including, in particular,
bidding requirements applicable to its acquisition of goods and services.
FINANCING: The method of financing of payment shall be through budgeted funds
or other available funds of the party for whose use the property is actually acquired or
disposed. Each party accepts no responsibility for the payment of the acquisition
5
price of any goods or services intended for use by the other party.
, 8. FILING: Executed copies of this agreement shall be filed as required by Section
39,34.040 of the Revised Code of Washington prior to this agreement becoming
effective.
INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its
solicitation for goods a provision disclosing that other authorized governmental
agencies may also wish to procure the goods being offered to the party and allowing
the bidder the option of extending its bid to other agencies at the same bid price,
terms and conditions.
10. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the
performance of any contractual obligation, to a third party, unless mutually agreed in
writing. Neither party may assign this agreement without the written consent of the
other party.
11, HOLD HARMLESS: Each party shall be liable and responsible for the consequence
of any negligent or wrongful act or failure to act on the part of itself and its
employees. Neither party assumes responsibility to the other party for the
consequences of any act or omission of any person, firm or corporation not a party to
this agreement.
12. SEVERABILITY Any provision of this agreement, which is prohibited or
unenforceable, shall be ineffective to the extent of such prohibition or
unenforceability, without invalidating the remaining provision or affecting the validity
or enforcement of such provisions.
APPROVED APPROVED, CITY OF BELLEVUE
Agency Name
Signature Date
Title
Procurement Manager Date
APPROVED AS TO FORM:
Assistant City Attorney Date
Signature (if needed) Date ATTEST:
Title City Clerk Date
6
June 19th, 2019
Saybr Contractors
Attention: John Pallotta
3852 S 66th St
Tacoma, WA 98409
RE: Job Order Contracting; City of Tukwila use of Bellevue Contract
Dear Mr. Pallotta:
The City of Bellevue and the City of Tukwila recently entered into the attached agreement,
indicating intent to allow the City of Tukwila to issue work orders in a total amount not to exceed
$1,000,000 under the terms and conditions of Bellevue's Job Order Contracting agreements with
Gordian Group and Saybr. A copy of the agreement between the Bellevue and City of Tukwila is
attached for your reference.
The City of Bellevue is requesting that Saybr provide services directly to the City of Tukwila on the
same terms and conditions as exist in those certain "Job Order Contracting Saybr" contract, dated
September 19th, 2018. For work orders issued by the City of Tukwila for City of Tukwila projects,
any obligations owed by Saybr under the Saybr contract shall be performed for or provided directly
to the City of Tukwila.
Any invoice issued by Saybr for work for the City of Tukwila should contain the following:
All work described herein provided directly to the City of Tukwila and Saybr are subject to the
terms and conditions of those certain "Job Order Contracting Saybr". The City of Bellevue is not a
party to nor responsible for performance of or payment for the work described in this invoice."
Please indicate your consent to this joint purchasing arrangement by countersigning this letter
where indicated below. This letter may be countersigned in multiple counterparts, which together
sha II constitute a single agreement. Please contact me if you have any questions.
Sincerely,
CITY OF BELLEVUE
OFFICE OF THE CITY ATTORNEY
Nicholas Melissinos
Deputy City Attorney
Enclosure:
DATE
7
ACKNOWLEDGED AND ACCEPTED BY SAYBR
Signature
Printed Name
Title
ACKNOWLEDGED AND ACCEPTED BY THE CITY OF TUKWILA
Signature
Printed Name
Title
8
Job Order Contracting for Novices
Just the Basics
By: Gary Aller
So, what is JOC?
Job Order Contracting (JOC) is a way of getting small, simple, and commonly encountered
construction projects done easily and quickly. A JOC contract usually applies to a specific site or
sites and can be used for any number of jobs that need to be done for as long as the contract is in
effect. The JOC method of project delivery was devised by the military sector in the 1980s as a
way to overcome problems with the traditional Design Bid Build (DBB) or low -bid method.
Using DBB, every project, no matter how small, had to be designed and put out for bid, with the
award going to the lowest bidder.
Going through this procedure for every little job was becoming impractical. The common
occurrences of construction delays, cost over -runs, and quality disputes were successfully
reduced using the new method, and JOC has been equally successful in the private sector for
more than a decade. Recent legislation and existing procurement regulations have authorized the
use of JOC for public construction in many states (including New Mexico). Essentially, JOC
provides owners with an on -call general contractor who is familiar with the site and the owner's
needs.
When is JOC Used?
The JOC delivery method is particularly well suited to repetitive jobs and situations in which
owners know that many small tasks will arise, but the timing, type of work, and quantity of work
are unknown at the time the contract is signed. Many diverse tasks such as routine upgrades and
renovations, remodeling, alterations, and minor new construction for a site are very efficiently
handled using a single JOC contract. These jobs usually have minimal design requirements.
The JOC method should not be used for large, complex new construction projects that require
extensive or innovative design or are likely to encounter changes and revisions during
construction. In fact, some states require each job completed under a JOC contract to cost less
than $1,000,000.
Why is JOC Useful?
There are several important advantages provided by Job Order Contracting. Projects done under
JOC contracts are completed faster and incur fewer "soft costs," and the quality of the work is
equal to or higher than that of projects done using DBB.
The most obvious benefit of JOC is the fact that it is not necessary to write separate contracts for
each job. Since procurement procedures are major contributors to overhead and require
significant staff resources, bypassing this procedure saves time and money.
Jobs get done faster and more cost effectively because the procurement costs are spread over
many jobs. In fact, for most jobs done under JOC contracts, work beings 20 — 30 days after the
need for work is communicated to the contractor, as compared to 180 days for DBB.
9
Another advantage is that the JOC contract establishes unit prices for labor and material, so once
quantities are determined, it is fast and easy to arrive at a fixed price for each job. There are no
price negotiations involved in implementing a JOC contract.
Additionally, because the owner establishes a long-term relationship with the Job Order
Contractor, communication can be very efficient as the contractor becomes familiar with the
needs and expectations of the owner. This long-term partnership, when established in a
cooperative environment, leads to better quality and better value. JOC contracts are written with
minimum and maximum dollar amounts of work that may be assigned under the contract. This
situation creates a powerful incentive for the contractor to provide fast, high quality, reliable
service to the owner. Owners are also motivated to establish positive relationships with the Job
Order Contractors in order to reap the maximum benefits from the contract.
Finally, a very important feature of the JOC process is that the contractor is chosen by
Qualifications Based Selection. This means that the choice will be based on experience with
similar sites, knowledge and capability of personnel, and other factors that directly impact the
quality of work delivered.
The JOC contractor typically uses his in-house design staff or an architect already under contract
to quickly draw up plans for jobs as the need arises, saving substantial time.
How is a JOC Contract Used?
The process of using a JOC contract is very fast and straightforward. When a need is identified,
the owner contacts the JOC contractor and they walk through the site, define the extent of the
project, and discuss alternate approaches to be considered. The contractor then draws up a
design, if necessary, and a detailed project list, including all materials and labor needed. Using
the chosen unit price book, the contractor can establish a firm price for the job. The owner
reviews the proposal and issues an authorization to proceed. The process from request to
authorization to begin work takes a very short time, sometimes as little as ten days to two weeks
and not more than 30 days. The flow diagram below shows the steps of the process.
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Gary L. Aller is the former Director of the Alliance for Construction Excellence (ACE) and was
instrumental in the Arizona state legislative process incorporating Alternate Delivery Project Methods
into law in the early 2000's, including JOC. ACE is an outreach/inreach organization that is part of the
Del E. Webb School of Construction at Arizona State University.
10
1 build projects. In determining the amount of the honorarium, the
2 public body shall ((consider)) recognize the level of effort required
3 to meet the selection criteria.
4 Sec. 7. RCW 39.10.420 and 2017 c 136 s 1 are each amended to
5 read as follows:
6 (1) ((The follc;;iny)) All public bodies of the state of
7 Washington are authorized to award job order contracts and use the
8 job order contracting procedure((÷
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11 Ev-,J 2 . c vol�Ly.
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13 authority);
14 (u) Every city with
top :lotior< greets ' `'c.. �.xtythousand
15 and --/ Nuulic--L--y c.' ur'--•--d by such city under l,rr., '30
16 L L 1c .
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17 (c) L �y u..�y y,rx r..,r..zr.r. y.. ..,Cx —1„rtt —.. xx--.....
18 -- -.. thousand;
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19 Fl u'v rt di trio �t t „.._ Lc greater than fifteen r1 N�
20 it„_
21 (-r1
(.E r' .bl Cwl'pit1y�1truiv�ct ith rev anise" from energy
22 ;rot- tY'xxi '�v1lJt2LYIl.L S...ut,
23 -(-i , =5,,,Xy sch:cl ui ;tr.L.it.
29 I., ml-.�
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26
27 prv_,-Y
28 (l. \ L'. r public hospital
Lrt. i ist,ct with ' .' , revenues greater
--
29 then fi`teen million dollars per year; and
30 (1) E.'cr; public trust port ti i bcncfit u-z.t7z�vy -i....c...,..d
31 under n C W 3 r- 5 7 •n 0, 0) ).
32 (2)(a) The department of enterprise services may issue job order
33 contract work orders for Washington state parks department projects
34 and public hospital districts.
35 (b) The department of enterprise services, the University of
36 Washington, and Washington State University may issue job order
37 contract work orders for the state regional universities and The
38 Evergreen State College.
p. 11 SHB 1295.SL
11
1 (3) Public bodies may use a job order contract for public works
2 projects when a determination is made that the use of job order
3 contracts will benefit the public by providing an effective means of
4 reducing the total lead-time and cost for the construction of public
5 works projects for repair and renovation required at public
6 facilities through the use of unit price books and work orders by
7 eliminating time-consuming, costly aspects of the traditional public
8 works process, which require separate contracting actions for each
9 small project.
10 Sec. 8. RCW 39.10.430 and 2007 c 494 s 402 are each amended to
11 read as follows: J;`'4
12 (1) Job order contracts shall be awarded through a competitive
13 process using public requests for proposals.
14 (2) The public body shall make an effort to solicit proposals
15 from certified minority or certified woman -owned contractors to the
16 extent permitted by the Washington state civil rights act, RCW
17 49.60.400.
18 (3) The public body shall publish, at least once in a statewide
19 publication and legal newspaper of general circulation published in
20 every county in which the public works project is anticipated, a
21 request for proposals for job order contracts and the availability
22 and location of the request for proposal documents. The public body
23 shall ensure that the request for proposal documents at a minimum
24 includes:
25 (a) A detailed description of the scope of the job order contract
26 including performance, technical requirements and specifications,
27 functional and operational elements, minimum and maximum work order
28 amounts, duration of the contract, and options to extend the job
29 order contract;
30 (b) The reasons for using job order contracts;
31 (c) A description of the qualifications required of the proposer;
32 (d) The identity of the specific unit price book to be used;
33 (e) The minimum contracted amount committed to the selected job
34 order contractor;
35 (f) A description of the process the public body will use to
36 evaluate qualifications and proposals, including evaluation factors
37 and the relative weight of factors. The public body shall ensure that
38 evaluation factors include, but are not limited to, proposal price
39 and the ability of the proposer to perform the job order contract. In
p. 12 SHB 1295.SL
12
1 evaluating the ability of the proposer to perform the job order
2 contract, the public body may consider: The ability of the
3 professional personnel who will work on the job order contract; past
4 performance on similar contracts; ability to meet time and budget
5 requirements; past performance on approved subcontractor inclusion
6 plans; ability to provide a performance and payment bond for the job
7 order contract; recent, current, and projected workloads of the
8 proposer; location; and the concept of the proposal;
9 (g) The form of the contract to be awarded;
10 (h) The method for pricing renewals of or extensions to the job
11 order contract;
12 (i) A notice that the proposals are subject to RCW 39.10.470; and
13 (j) Other information relevant to the project.
14 (4) A public body shall establish a committee to evaluate the
15 proposals. After the committee has selected the most qualified
16 finalists, the finalists shall submit final proposals, including
17 sealed bids based upon the identified unit price book. Such bids may
18 be in the form of coefficient markups from listed price book costs.
19 The public body shall award the contract to the firm submitting the
20 highest scored final proposal using the evaluation factors and the
21 relative weight of factors published in the public request for
22 proposals and will notify the board of the award of the contract.
23 (5) The public body shall provide a protest period of at least
24 ten business days following the day of the announcement of the
25 apparent successful proposal to allow a protester to file a detailed
26 statement of the grounds of the protest. The public body shall
27 promptly make a determination on the merits of the protest and
28 provide to all proposers a written decision of denial or acceptance
29 of the protest. The public body shall not execute the contract until
30 two business days following the public body's decision on the
31 protest.
32 (6) The requirements of RCW 39.30.060 do not apply to requests
33 for proposals for job order contracts.
34 Sec. 9. RCW 39.10.440 and 2015 c 173 s 1 are each amended to
35 read as follows:
36 (1) The maximum total dollar amount that may be awarded under a
37 job order contract is four million dollars per year for a maximum of
38 three years. Any unused capacity from the previous year may be
39 carried over for one year and added to the immediate following year's
p. 13 SHB 1295.SL
13
1 limit. The maximum annual volume including unused
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exceed the limit of two years. The
may be awarded under a job order
enterprise services, counties with
maximum total
contract for
a population
million, and cities with a population of more
thousand is six million dollars per year for a
capacity shall not
dollar amount that
the department of
of more than one
than four hundred
maximum of three
years. The maximum total dollar amounts are exclusive of Washington
state sales and use tax.
(2) Job order contracts may be executed for an initial contract
term of not to exceed two years, with the option of extending or
renewing the job order contract for one year. All extensions or
renewals must be priced as provided in the request for proposals. The
extension or renewal must be mutually agreed to by the public body
and the job order contractor.
(3) A public body may have no more than ((two)) three job order
contracts in effect at any one time, with the exception of the
department of enterprise services, which may have six job order
contracts in effect at any one time.
(4) At least ninety percent of work contained in a job order
contract must be subcontracted to entities other than the job order
contractor. The job order contractor must distribute contracts as
equitably as possible among qualified and available subcontractors
including certified minority and woman -owned subcontractors to the
extent permitted by law as demonstrated on the subcontractor and
supplier oroiect submission, and shall limit subcontractor bonding
requirements to the areatest extent possible.
(5) The job order contractor shall publish notification of intent
to perform public works projects at the beginning of each contract
year in a statewide publication and in a legal newspaper of general
circulation in every county in which the public works projects are
anticipated.
(6) Job order contractors shall pay prevailing wages for all work
that would otherwise be subject to the requirements of chapter 39.12
RCW. Prevailing wages for all work performed pursuant to each work
order must be the rates in effect at the time the individual work
order is issued.
(7) If, in the initial contract term, the public body, at no
fault of the job order contractor, fails to issue the minimum amount
of work orders stated in the public request for proposals, the public
body shall pay the contractor an amount equal to the difference
p. 14 SHB 1295.SL
14
1 between the minimum work order amount and the actual total of the
2 work orders issued multiplied by an appropriate percentage for
3 overhead and profit contained in the contract award coefficient for
4 services as specified in the request for proposals. This is the
5 contractor's sole remedy.
6 (8) All job order contracts awarded under this section must be
7 signed before July 1, 2021; however the job order contract may be
8 extended or renewed as provided for in this section.
9 (9) Public bodies may amend job order contracts awarded prior to
10 July 1, 2007, in accordance with this chapter.
11 Sec. 10. RCW 39.10.450 and 2012 c 102 s 2 are each amended to
12 read as follows:
13 (1) The maximum dollar amount for a work order is ((three)) five
14 hundred ((fifty)) thousand dollars, excluding Washington state sales
15 and use tax.
16 (2) All work orders issued for the same project shall be treated
17 as a single work order for purposes of the dollar limit on work
18 orders.
19 (3) No more than twenty percent of the dollar value of a work
20 order may consist of items of work not contained in the unit price
21 book.
y�
22 (4) Any new stand-alone permanent((, c�.Lloucu building oNacc))
23 structure constructed under a work order shall not exceed ((t-we))
24 three thousand gross square feet.
25 (5) A public body may issue no work orders under a job order
26 contract until it has approved, in consultation with the office of
27 minority and women's business enterprises or the equivalent local
28 agency, a plan prepared by the job order contractor that equitably
29 spreads certified women and minority business enterprise
30 subcontracting opportunities, to the extent permitted by the
31 Washington state civil rights act, RCW 49.60.400, among the various
32 subcontract disciplines.
33 (6) For purposes of chapters 39.08, 39.12, 39.76, and 60.28 RCW,
34 each work order issued shall be treated as a separate contract. The
35 alternate filing provisions of RCW 39.12.040(2) apply to each work
36 order that otherwise meets the eligibility requirements of RCW
37 39.12.040(2).
38 (7) The job order contract shall not be used for the procurement
39 of architectural or engineering services not associated with specific
p. 15 SHB 1295.SL
15
1 work orders. Architectural and engineering services shall be procured
2 in accordance with RCW 39.80.040.
3 (8) Any work order over three hundred fifty thousand dollars,
4 excluding Washington state sales and use tax, and includina over six
5 hundred single trade hours shall utilize a state reaistered
6 apprenticeship program for that single trade in accordance with RCW
7 39.04.320. Awardina entities may adiust this reauirement for a
8 specific work order for the followina reasons:
9 (a) The demonstrated lack of availability of apprentices in
10 specific aeoaraphic areas;
11 (b) A disproportionately high ratio of material costs to labor
12 hours, which does not make feasible the required minimum levels of
13 apprentice participation;
14 (c) Participating contractors have demonstrated a Good faith
15 effort to comply with the requirements of RCW 39.04.300 and
16 39.04.310; or
17 (d) Other criteria the awardina entity deems appropriate.
18 Sec. 11. RCW 39.10.470 and 2014 c 19 s 2 are each amended to
19 read as follows:
20 (1) Except as provided in subsections (2) and (3) of this
21 section, all proceedings, records, contracts, and other public
22 records relating to alternative public works transactions under this
23 chapter shall be open to the inspection of any interested person,
24 firm, or corporation in accordance with chapter 42.56 RCW.
25 (2) Trade secrets, as defined in RCW 19.108.010, or other
26 proprietary information submitted by a bidder, offeror, or contractor
27 in connection with an alternative public works transaction under this
28 chapter shall not be subject to chapter 42.56 RCW if the bidder,
29 offeror, or contractor specifically states in writing the reasons why
30 protection is necessary, and identifies the data or materials to be
31 protected.
32 (3) ( (P- -p,7=1.7; zl_lt ittcd -1 ig ;-builu f nali3 c) ) All
33 documents related to a procurement under RCW 39.10.330 are exempt
34 from disclosure until the notification of the highest scoring
35 finalist is made in accordance with RCW 39.10.330(((5))) (6) or the
36 selection process is terminated. except as expressly reauired under
37 RCW 39.10.330(3).
p. 16 SHB 1295.SL
16
City of Tukwila
City Council Transportation & Infrastructure Committee
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
August20, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Zak Idan, Chair; Thomas McLeod, Kathy Hougardy
Staff: David Cline, Scott Bates, Hari Ponnekanti, Han Kirkland, Gail Labanara, Cyndy
Knighton, Laurel Humphrey
CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Resolution: King County Comprehensive Solid Waste Management Plan
Staff is seeking Council approval of a resolution that would adopt King County's Comprehensive
Solid Waste Management Plan, which is pending approval of cities representing at least 75% of the
population during the 120-day approval period. The Plan outlines programs to prevent, recycle, and
dispose of waste, and includes six major planning elements: existing solid waste system, forecasting
& data, recycling, transfer & processing, disposal & landfill management, and finance. UNANIMOUS
APPROVAL. FORWARD TO SEPTEMBER 3, 2019 REGULAR CONSENT AGENDA.
B. Interlocal Purchasing Agreement: Job Order Contracting
Staff is seeking Council approval of an Interlocal Joint Purchasing Agreement with the City of
*Bellevue which would provide access to the use of their Job Order Contract (JOC) for a
maximum amount of $1,000,000. A JOC is a State -approved procurement method in which a
contractor agrees to provide an indefinite quantity delivery of negotiated and definitive work
orders from a pre -established catalog on contracts over a fixed period. The City of Bellevue's
JOC has a $4 million capacity per year over three years, and this Agreement would allow
Tukwila to use up to $1 million of this capacity over the same period. The maximum dollar
amount for any one work order is $500,000. Committee members discussed the proposal and
requested that staff present this to the Committee of the Whole since it is a new method of
procurement for the City. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 9, 2019
COMMITTEE OF THE WHOLE.
C. Neighborhood Traffic Calming Program
Staff provided a summary of progress and efforts to date for the Neighborhood Traffic Calming
Program, which was adopted in 2018 by Resolution 1955 to address residents' concerns about
traffic safety. The program is taking off and staff has been installing Level 1 treatments that
include new permanent speed feedback signs, LED enhanced signs, and parking restriction signs.
Requests for new crosswalks have come in, but these require engineering study and are classified
as a Level 2 treatment under the Program. Staff has contracted KPG, Inc. for assistance with
engineering and may require use of other consultants in the future. Committee members and
staff reviewed a matrix of requests that indicates rank, location, assessment information, status
and more. Councilmembers asked clarifying questions. Chair Idan suggested adding requests and
their status to the City's website. FORWARD BRIEFING TO AUGUST 26, 2019 COMMITTEE OF THE
WHOLE.
17
18
COUNCIL AGENDA SYNOPSIS
i\1eetiq13(2/e
Prepared hy
Ala ;'..r review
C'ou aril review
08/19/19
JW
ik
9/9/19
JW
ITE
NFOR
ATION
ITEM No.
S i' \ I I SPONSOR. JAY WITTWER
I —
ORIGIN \ I. AGI Ns1) \ D \ICi
AG LNDA I n NI TI 1
1 1 Authorizing
Mayor
to sign ILA
for King County Fire Chiefs Automatic Aid Ag8riee9mieln9t
i I1011
21/utioll
Date 08/19
El ordmaihe
A ItsDale
El Bid_ 'mar('
Alts Date
E Pubbe I Jean,i
Ales Date
[1 other
it's Dale
C \ 1 1 c()Ry • phial
ID
1111 Reiohdron
...1.1t, Da',
,v,/t,
,Aiig Date
S 1' ONS( )11 ECoem1 Algyor
Finallce
Pe-R ljflolice PW7 Court
•I IR EDCD
Fire ETS
SPONSOR'S This interlocal agreement for automatic aid is being updated for all fire agencies within
Smrm \Ry King County. The attached documents provide details of this agreement This agreement
defines how these fire agencies interact with partners in King County.
RI NI I,A\ I D HY n c 0 AY, , Mtg. 0 CDN COMM
El Trans &Infrastructure LI \ rts Comtm
DATE 08/05/19 & 9/3/19
Finance
Comm,
Comm 111
cilAIR' ROBERTSON
Public Safety Comim
,
El Parks
CoMMITTEF
Planning Comm.
RECOMMENDATIONS:
SPoNs()R/ADmIN.
Co \nil
Fire Department
11 I -I- Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
h\pi NIA I URI RI QUIRIII) AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments: none
MTG. DATE
RECORD OF COUNCIL ACTION
0 19/ 9
RETURNED TO PUBLIC SAFETY COMMITTFF
9/9/19
9/16/19
MTG. DATE
ATTACHMENTS
08/19/19
Informational Memorandum dated July 30, 2019
Memo from King County Fire Chiefs
2019 ILA for King County
Minutes from the Public Safety Committee Meeting of 08/05/19
9/9/19
Informational Memorandum updated 8/26/19 w/
attachments
Minutes from the Public Safety Committee Meeting of 9/3/19
19
20
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Jay C Wittwer, Fire Chief
CC: Mayor Ekberg
DATE: July 30, 2019 / August 26, 2019
SUBJECT: Fire Department ILA Automatic Aid Agreement (ILA)
(Updated after 8/19 Regular Meeting)
ISSUE
Interlocal Agreement for Automatic Aid between Regional (King County) Fire
Agencies, which includes 29 agencies within King County. This is a 2018-
2019 update to a long-standing Mutual Aid agreement.
The Fire Department ILA Automatic Aid Agreement ("ILA") was referred
back to the Public Safety Committee from the August 19, 2019 Regular
City Council Meeting to allow an additional legal review from our City
Attorney, especially in regard to original proposed changes to the ILA.
BACKGROUND
For the past two plus decades communities in King County have routinely
assisted with resources needed to mitigate emergency scenes, this also
includes Fire Department responses. In 2017 a group of King County Fire
Chiefs collaborated on the attached ILA. This agreement included
renumbering the fire units. This effort will assist responding units to be
assigned without duplication of assignments or confusion. This information
is provided to the City Council to bring clarity to the automatic aid agreement
attached.
On March 1, 2018, Tukwila's City Attorney conducted initial legal review of
the ILA and provided suggested edits to the agreement, many of them
clarifying language such as the title of the agreement and terminology. The
ILA Committee for the Fire Chiefs Association developed a final version of
the ILA using our attorney's and other agency's legal input. The version of
the ILA being presented to the City Council for its consideration is the final
version adopted by the ILA Committee and is now being asked to be
approved by all 29 agencies.
DISCUSSION
The attached documents include the agreement and a memo from the King
County Fire Chiefs that will provide the needed information that should
bring clarity to the agreement.
Last week, our City Attorney's office reviewed the ILA and determined that
there were no major legal concerns with this final ILA, even though many of
the previously suggested edits were not included in the final ILA.
21
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
There are no funding issues related to this agreement, outside of the
costs of responding to other areas not within our community with regard
to this policy that has been in place for many years.
RECOMMENDATION
The Council is being asked to approve the agreement and consider this item
at the August 12, 2019 Committee of the Whole meeting and subsequent
August 19, 2019 Regular Meeting.
The Council is being asked to approve this ILA and refer it to the September
9, 2019 Committee of the Whole meeting for discussion and subsequent
September 16, 2019 Regular Meeting.
ATTACHMENTS
King County Fire Chief Association Memo
Interlocal Agreement
Renumbering Document
22
Date: June 5, 2018
To: King County Fire Chiefs Association (KCFCA) Members
From: Chief Clark, Chair of Automatic Aid Renumbering Workgroup
Subject: Automatic Aid ILA and Renumbering Progress Reporting
As you are aware, at our February 21, 2018 meeting we adopted the Automatic Aid ILA
and accompanying renumbering guidelines. The purpose of this memo is to
communicate a method for KCFCA to track the progress of County fire departments in
two specific ways. First, to track the adoption of the ILA by elected bodies, and second
to facilitate the implementation of the renumbering process.
Deputy Chief Roy Gunsolus has been asked to track the progress for Zone 3 agencies
and Deputy Chief Richard Burke for Zone 1 agencies. Each has been asked to reach
out to the fire departments within their respective zone to gain the following information:
1. Anticipated date for approval of the ILA by your governing body
2. Renumbering efforts (adopted goal January 1, 2019):
a. When your apparatus will physically be renumbered (please consider
marking the top -side of your apparatus to ensure we can identify units
from the air)
b. When your accountability items will be updated
c. If you will be delayed past the target date, please provide anticipated
dates
Nearly a dozen agencies have already adopted the ILA. It is our goal to have every fire
agency in the county adopt the ILA and perform all renumbering efforts by the end of
2018.
We are working with the dispatch agencies to address concerns and coordinate
implementation efforts. Anything you can do to direct and support your dispatch center
towards achieving the implementation goal would be appreciated.
KING COUNTY FIRE CHIEF ASSOCIATION EXECUTIVE BOARD
Harold Scoggins Steve Heitman Jeff Clark Matt Morris Matt Cowan
175 Newport Way NW • Issaquah, WA 98027 • (425) 313-3228 • www.kcfca.com
23
We realize that this is a challenging goal, but it is essential to the further progression of
the outstanding fire service we provide to the communities we serve. Your KCFCA
Executive Board will utilize the information gathered to further coordinate
implementation efforts of all involved agencies. If alterations to the implementation
schedule are required we will communicate it as early as possible.
Please find the following attached:
1. Adopted Automatic Aid ILA — 2-21-18
2. Adopted Renumbering process — 2-21-18 (addresses renumbering of engines
and ladders)
3. King County Model Procedure Section 10 — Personal Accountability — 6-5-17
(addresses renumbering of staff and support vehicles -Section 5.1.1.2 outlines
designators for all command and support staff vehicles)
Should you have any questions or concerns please do not hesitate to contact any
member of the Executive Board.
KING COUNTY FIRE CHIEF ASSOCIATION EXECUTIVE BOARD
Harold Scoggins Steve Heitman Jeff Clark Matt Morris Matt Cowan
175 Newport Way NW • Issaquah, WA 98027 • (425) 313-3228 • www.kcfca.com
24
MARTIN LUTHERKING COUNTY
|NTERU0CAL AGREEMENT
FOR AUTOMATIC AID
PREAMBLE: This |nbsdoco|Cooperation Agreement ("this ILA") is entered into this
day of .2U18.byand between the undersigned cities and other local government
entities of the State of Washington to adopt a "Service First" philosophy to serve the
communities of Martin Luther King County (hereinafter "King County") without strict regard to
the jurisdictional boundaries of the participating agencies ("the Parties").
WHEREAS, participating Agencies that operate independent Fire Departments within Martin
Luther King County by providing fire, rescue and emergency medical services within their
respective jurisdictions that exceeds the resources of a single participating Agency; and
WHEREAS, the Fire Departments have found it to be of mutual benefit if the services of each
Fire Department are insome limited and predefined circumstances extended outside of the
limits ofeach jurisdiction into the boundaries 0fthe other; and
WHEREAS, the Fire Departments have operated with either automatic nrmutual aid
agreements for several decades in an effort to assist departments and their respective
communities; and
WHEREAS, it is necessary and desirable that the Fire Departments coordinate efforts for the
provision of automatic aid on a county wide basis and for purposes of this Agreement; and
WHEREAS, participating Agencies can benefit by combiningtheir resources totrain for and
respond to All Hazard incidents in any participating Agency's jurisdiction; and
VVHEREAdS, subject to approval of the local King County Fire Chiefa, other Agencies may
participate in this Agreement.
NOW, THEREFORE, |T|8HEREBY UNDERSTOOD AND AGREED BETWEEN THESE
PARTIES, FOR GOOD AND VALUABLE CONSIDERATION OFAUTOMATIC AID AND
OTHER COOPERATION BETWEEN THESE PARTIES, AS FOLLOWS:
1./\uthority:
This ILA is executed pursuant to the authority provided by chapter 39.34 RCW, the Interlocal
Cooperation Act.
2.Purpoeo:
The purpose of this ILA is to encourage and foster cooperation across jurisdictional boundaries
byall of the participating agencies inKing County sothat the most efficient response may be
achieved to all hazards and incidents, regardless oftheir origin, and to protect life and property.
Such cooperation shall include joint planning, joint training and other related activities bythe
Martin Luther King County |ntedoca|Agreement for Automatic Aid
25
MARTINLWTHER KING COUNTY
ANTERLOCALAGREEM8ENT
FOR AUTOMATIC AID
Parties. This ILA is entered into with intent to create Automatic Aid when anAuthority Having
Jurisdiction are not available or facing draw down, to allow the closest and most appropriate
Fire Department to respond to incidents outside of the responding Fire Department's
jurisdictional boundaries. All Participating Agencies agree to respond to any reported All Hazard
incident with the appropriate resources into the jurisdiction of any other Fire Department that is
mParticipating Agency. These responses shall not require any specific request, but shall be
automatic upon dispatch by the dispatch center, which shall follow the established dispatch
protocols. The Parties all understand and agree that any Agency's ability to render Automatic
Aid may b8limited due t0any concurrent emergency condition within its own jurisdiction and the
unavailability Ofits resources. |nsuch situations, the non -responding Agency should inform
dispatch of its temporary limitations and it ahe|| be within that Agency's sole discretion to provide
mutual aid at such |aVa| of aid it can provide.
3. Definitions:
° "All Hazards" shall mean those natural, human -caused, and technology -caused threats
tnhuman life 'orproperty. 8UchhozardeiDck|de.butorenotUnlitedto\firas.nledica|
erneqgencies, hazardous nnotersJS na|oosee, and circumstances requiring rescue of
imperiled humans.
° "Apparatus"shall mean any vehicle approved for fire suppression, medical aid, rescue
operations mresponding to hazardous materials incidents.
" "Automatic Aid" shall mean assistance dispatched automatically by contractual
agreement without delay based on computer aided dispatch programmed for "first
response" by agreed apparatus.
� "Fire Department" shall mean amunicipal, regional, crdistrict authority responsible for
fighting fires, rescue operations,providing emergency medical services (EMS)and/or
fire prevention for a local jurisdiction.
� "Key Stations" shall mean those stations identified byeach Fire Department as key
stations for coverage when the local Fire Department or neighboring jurisdictions are
facing a drawdown of resources.
w "Move UpPlan" shall mean a system ofmoving fire apparatus tnother stations within
Martin Luther King County Interlocal Agreement for Automatic Aid 2
26
MARTIN LUTHERKUNG COUNTY
/NTERLOCAL AGREEMENT
FOR AUTOMATIC AID
m "Mutual Aid" shall mean aid provided toanother agency upon request, after approval is
given by the responding Fire Department, and it is not Automatic Aid.
� "Strike Team" shall mean specified combinations ofthe same kind or type of resources,
with common communications and a Strike Team Leader.
° "Task Force" shall mean a group of resources with common communications;aToak
Force Leader may bepre-designated and sent toanincident, ordesignated sdan
incident.
� "Zonao"shall mean geographic areas within the county. Each Zone has its own
dispatch center. Currently the three Zones within King County are identified as1.3and
5.
4.Term/Duration ofAgreenoent:
This ILA shall be effective upon execution by at least two local governments, shall be in effect
for one year thereafter, and shall be automatically renewed between such Original Parties for
one year terms automatically each year, except for the withdrawal or termination of any party in
accordance with Section 5below.
5` PartkcipaUnqAqenches:
a. All Parties: All Parties that execute this ILA agree bvtheir signatureshoretothet this
Automatic Aid Agreement shall be the primary Automatic Aid Agreement throughout
King County, Washington. By so agreeing, all Parties recognize that this countywide ILA
supersedes any prior Automatic Aid Agreement towhich they have agreed, unless such
aDagreement iswith aparty that isnot aparty t0this ILA.
b.{}hqino|Parties: The Original Parties shall bmthose local governments listed on
Exhibit A, and their participation shall be approved by their respective governing bodies
or legislative bodies as demonstrated by the signature pages appended hereto
immediately after the Exhibit Alist.
n.JO|niDO/AUddioDniParties: Additional Parties, who must baqualified bvlaw tn
participate in such an ILA pursuant to RCW 39.34, may be added at any time after this
ILA is executed. by approval of the Administrative Board (see below).
d.VVithdr8vv8: Any party hereto may withdraw from this ILA bvgiving atleast OOdays
prior written notice to the King County Chiefs Association.
27
MARTIN LUTHER KING COUNTY
IN3ERLOCAL AGREEMENT
FOR AUTOMATIC AID
e.TarminmUon: This ILA may boterminated inits entirety bvall nfthe Parties bvatwo-
thirds aupenn 'uritvoftheM]ngCountvF|naChiefssdanyUnna. Any party voting inthe
minority in such vote is entitled to enter into a new Automatic Aid Agreement or Mutual
Aid Agreement atany time with any interested local government.
f'Oper@ting|ndependenth/0therMAAorAAaOraonOeniS: Nothing inthis ILA shall
prevent or exclude any party hereto from operating independently within their
jurisdictional boundaries when an incident does not require mutual aid or automatic aid.
Nor shall this ILA preclude participating agencies from entering into separate Automatic
Aid Agreements orMutual Aid Agreements with neighboring agencies.
6. Services Provided:
The Administrative Board shall determine and agree upon the capabilities of each Fire
Department to resporfd to Automatic Aid incidents and especially incidents requiring special
equipment. All Participating Agencies shall have resources staffed 24 hours per day, seven
days per week, 305days per year, with staffing levels consistent with agreed upon standards
set bythe Administrative Board.
All Participating Agencies shall at a minimum maintain the staffing, resources, and equipment
that they had available upon the effective date of this ILA or the date upon which such Fire
Department was accepted into the ILA. NoAgency shall use this agreement tnreduce its
staffing, resources or equipment, which vvoU|d have o detrimental effect on other Participating
All Participating Agencies agree to comply with national incident reporting practices and to
deploy best practices related toincident management and employee training. Standards such
'
as NFPA, King County Model Procedures of local policies shall be used as a guide when
establishing best practices. All Participating Agencies agree tVestablish ocountywide Move Up
This ILA kaintended tocover uptothe first 12 hours ofan applicable incident. After 12 hours
has elapsed, the Washington State Mutual Aid Agreement should bedeployed for the duration
ofthe incident. The AHJ agrees toinitiate the recall ofpersonnel for incidents within two hours
ofaResponding Agency/Fire Department being deployed into the jurisdictional boundaries of
the AHJtorespond toanincident.
7. Financinq/Use of Resources:
Martin Luther King County Interlocal Agreement for Automatic Aid 4
28
��V,eCHItpi,�
MARTIN LUTHERKING COUNTY
INTERLOCAL AGREEMENT
FOR AUTOMATIC AID
Pursuant to this ILA, there shall be no commingling of funds or financial contributions by any
Party tothe joint orcooperative efforts provided bvthe Parties under this (LA.. Each party
agrees to the reasonable use of their resources, including but not limited to personnel,
equipment, and different types of apparatus or vehicles, without compensation. This ILA is
predicated upon approximately equal sharing and participation in the joint operations of the
Parties gothat noparty, over time, has any advantage ordisadvantage agcompared tnany
other party. There shall be no budget, annual or otherwise, available to the Administrative
Board and nnfunds oraccounts created for the administration ofthis ILA.
8. P[operbVNoi0intIvowned Property
There shall be no purchasing of joint property of any kind, real or personal, by the Parties
pursuant tnthis ILA. The property and resources used bvthe Parties inperforming under this
ILA shall be and permanently remain the property and resources of each respective Party. The
personnel performing operations under this ILA shall be and permanently remain the employees
of the Party who employed them prior to the execution of this ILA and shall not be considered
agents ofany other party.
9.Administration ofAqreernent/Gov8nn8Doe:
Noseparate legal entity k»created bvthis ILA. The Administrative Board shall bethe King
County Chiefs Association, but voting on matters arising under this ILA shall be done in
accordance with this ILA bvmnAdministrative Board. Each Zone iDKing County shall have one
vote nnsuch Administrative Board inthe governance ofthis ILA. Each voting member Qnsuch
Administrative Board shall have been nominated and elected bvamajority oftheFinaChiefs|n
that respective zone. Aquorum ofsuch Administrative Board shall consist ofall three of the
Zone representatives, or their delegees, and unanimity shall be necessary for any binding action
of the Administrative Board, provided that, in the event of any extraordinary matter coming
before such Board, the matter shall be referred to all of the Fire Chiefs of all of the Parties.
Examples of extraordinary matters are termination of this ILA and expulsion of any Party from
the ILA for good cause. {}nsuch extraordinary matters, asuporno jor|tyoftwo-th/rdo/2/3lnf
those Fire Chiefs (or delegeeo)voting shall be required for a motion to be approved. A quorum
of such body shall be a majority of all the Fire Chiefs of all the Parties, in order to hold such a
vote. If there is no unanimous agreement on the Administrative Board as to whether an issue is
an "extraordinary matter" the Administrative Board shall present that question tn all of the Fire
Chiefs for anadvisory vote, and amajority aho||bgaVff|cieMLtVsodeoignot8arnatteras
extraordinary. If it is so designated, a decision on the matter shall be reached as set forth
above.
Martin Luther King County Intedoca Agreement for Automatic Aid 5
29
MARTIN LUTHER KING COUNTY
INTERLOCAL AGREEMENT
FOR AUTOMATIC AID
1O.Command Renponsbi|dy/AuthnrityHoxingJu[isdCUon/N|K4Ei
Under this ILA, the first arriving officer assumes command and begins the operation as incident
commander. The Authority Having Jurisdiction (AHJ) is the agency within whose boundaries the
incident occurs. The AHJretains the right atall times toassume command ofthe incident,
however the highest-ranking officer of the AHJ on scene may choose to have the existing
command structure continue operations, or replace the command structure with AHJ personnel
as they arrive. The incident commander shall be in command of the operations under which the
equipment and personnel sent by any party shall serve; provided, that the responding
equipment and personnel shall be under the immediate supervision of the officer in charge of
the responding apparatus. The equipment and personnel ofany responding party shall be
released from service and returned to the responding party by the commanding officer in charge
ofthe operations masoon aoconditions warrant.
11. Dispatch Channels, Radio Frequencies and Common LanqumOa
Itisnecessary for the success nfthis Agreement that all Agencies are able tofully communicate
with one another. All signatories of this Agreement shall ensure that each Fire and/or EMS
Agency and associated dispatch center is available toall dispatch and tactical talk groups for
each Zone within King County onevery portable and mobile radio.
|naddition, the parties, ortheir designees, shall develop and adopt county wide policies
regarding the utilization of dispatch and tactical talk groups for active incidents, including when a
unit is on a move up assignment outside of their Zone.
12. ReenurceNurnbmrnO
The parties, or their designees, shall utilize a categorization of apparatus available for automatic
aid incidents (i.e. Engines, Lmddera, Medic, Aid, Rescue Units and Chief Officers) which are, at
o minimum, consistent with resource categorizations identified in by FEN1A. NFPA, or beat
practices.
The Fire Departmentsparty to this Agreement further agree to adhere to a county wide
numbering system, approved bvthe ,King County Fire Chiefs, for all front line and reserve
apparatus and equipment. The parties agree Lochange the numbering ofany apparatus nr
equipment tocomply with this numbering system.
13.|ndonnnity/Labi|ity:
Martin Luther King County Interlocal Agreement for Automatic Aid 6
30
MARTIN LUTHER KING COUNTY
INTERLOCAL AGREEMENT
FOR AUTOMATIC AID
To the extent permitted by law, each party to this ILA shall protect, defend, indemnify, and hold
harmless the other Parties, and their officers, officials, employees, and agents, while acting
within the scope of their employment, from any and all costs, claims, demands, judgments,
damages, or liability of any kind including death or injuries to persons or damages to property,
which arise out of, or any way result from, or due to any negligent acts or omissions of the
indemnifying party. Provided, however, that if such claims are caused by or result from the
concurrent negligence of (a) the indemnifying party and (b) an indemnified party, their
employees and/or officers, this indemnity provision shall be valid and enforceable only to the
extent of the negligence of the indemnifying party, their employees and/or officers; and
provided further, that nothing herein shall require a party to hold harmless or defend any other
party or its employees and/or officers from any claims arising from such other party's sole
negligence or that of its employees and/or officers.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO CARRY OUT
THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER,
Each Party shall bear its own costs for any loss, injury, or damage to equipment that is not
caused by the negligence of another party to this ILA. No party shall be deemed to be the agent
of any other party when performing under this ILA.
14. Insurance:
Each Party shall maintain insurance, or a program of self-insurance, sufficient to be responsive
to any liabilities that might arise under this ILA, and each Party shall produce certificates of
insurance if and when required by the Administrative Board
15. Applicable Law and Venue:
This ILA shall be governed by and construed pursuant to the laws of the State of Washington. If
any litigation is filed between the Parties, or any of them, arising under this ILA, the Parties
agree that venue shall be in King County Superior Court.
16. Alternate Dispute Resolution:
Should any dispute arise between the Parties hereto, mediation and arbitration shall be pursued
prior to resorting to court litigation. Each party shall bear their own costs of any impartial
mediator or arbitrator, but a single neutral person shall be chosen by the parties to the dispute.
Martin Luther King County InterlocaIAgreement for Automatic Aid 7
31
MARTIN LUTHERKING COUNTY
|NTERLOCALAGREEMENT
FOR AUTOMATIC AID
For mediation, the Parties are free to choose any impartial mediator upon whom they may
agree. For arbitration, however, the Par -ties agree tofollow the Mandatory Arbitration Rules for
King County Superior Court.
This ILA contains the entire agreement and understanding ofthe Parties with respect tothe
entire subject matter hereof, and there are norepresentations, inducements, promises, or
agreements, oral nrotherwise, not embodied herein. There are noconditions precedent 'tothe
effectiveness Ofthis ILA other than aestated horein, and there are no related collateral
agreements existing between the parties that are not referenced herein.
18iFl|inqunder RCW39.34l3K}:
This ILA shall be filed with the King County Auditor, or oltenlaUyey, posted or "listed by outjeoC'
on the web site of each local agency that is or becomes a Party hereto, and shall be fully
effective upon such filings.
19. Counterparts:
This ILA may besigned incounterportoriOinohs. |tionot necessary for all parties toexecute
one original
'for this ILA tobebinding.
'
2O.NoThind-PartYBeneficiary
The Agreement is entered into for the benefit of the parties to this Agreement only and shall
confer no benefita, direct or implied, on any third persons.
Martin Luther King County |nteduca|Agreement for Automatic Aid 8
32
MARTIN LUTHER KING COUNTY
INTERLOCAL AGREEMENT
FOR AUTOMATIC AID
Irrs
SIGNING OF DOCUMENTS:
Name/Title
City of Bellevue
Name/Title
City of Bothell Fire Department
Name/Title
Burien Fire District #2
Name/Title
City of Mercer Island
Name/Title
City of Seattle
Name/Title
City of Tukwila
Name/Title
Boeing Fire Department
Name/Title
City of Kirkland
Name/Title
City of Redmond
Name/Title
City of Snoqualmie
Name/Title
Duvall Fire District
Name/Title Name/Title
Eastside Fire & Rescue Enumclaw Fire District #28
Name/Title Name/Title
Fall City Fire District King County Airport
Martin Luther King County Interlocal Agreement for Automatic Aid 1
33
sE Cliff,?
MARTIN LUTHER KING COUNTY
INTERLOCAL AGREEMENT
FOR AUTOMATIC AID
Name/Title Name/Title
Maple Valley Fire District Mountain View Fire District #44
Name/Title Name/Title
North Highline Fire District Northshore Fire Department
Name/Title Name/Title
Port of Seattle Fire Department Puget Sound Regional Fire Authority
Name/Title Name/Title
Renton Regional Fire Authority Shoreline Fire District
Name/Title Name/Title
Skykomish Fire District Skyway Fire District
Name/Title Name/Title
Snoqualmie Pass Fire District King County Medic One
Name/Title Name/Title
South King County Fire & Rescue Valley Regional Fire Authority
Name/Title Name/Title
Vashon Island Fire District Woodinville Fire & Rescue
Martin Luther King County Interlocal Agreement for Automatic Aid 2
34
mbering Project
:.Hots
Can add 198,199,100 if growth demands increase, Medic units will be renumbered (101,102,103,114)
Assigned new number in Zone 1 100 series
Assigned new number in Zone 1 100 series and added number for future growth
Assigned new number in Zone 1 100 series and added capacity due to merger (4 stations needed)
Assigned new number in Zone 1 100 series, 197 for future station
Incorporated into Zone 3 numbering , Added station for future growth.
Recently renumbered, will work with them to figure out a solution
Will utilize "40" in front of current unit numbers to signify a reserve unit
Remain the same , and will utilize "40" in front of current unit numbers to signify reserve unit
O
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B2,4,5,6,7
Sta 1- Seattle, Sta 2 - Renton, Sta 3- Auburn, Sta 4-Frederickson
King County Model Procedures would be amended to reflect that units will no longer be required to use their zone identifier when responding within King County.
King County Fire Chiefs - Automatic Aid Renui
Station 1-9
Station 42,44 & 45
Station 21,22,25,26,27
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Station 11,12,13,14,16,17,18
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Station 51 & 57
Station 31,33 & 35
Station 81,82,83,85,86,87,88,71,72,73,74,76,78,79
Station 271
Station 66,68,69
Station 281
Station 291
Station 295, 296
Station 31,32,33,34,35,38
Station 41,42,43
Station 45,46,47,71,72,73,74,75,76,77,78
O
O
N
Station 11,12,13,14,16,17
Station 51-54
Station 28,29
Station 18,19
�
1 n
1n
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O
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0
in
Station 21,22
Station 80-89
Station 92-99
33 stations - 2-41
Stations 61-68
Station 24
King County Units would be required to add "KingCounty" in front of their unit numbers when responding outside of King County (ex. King County Engine 1)
.:
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62,4,5,6,7
City of Bellevue
City of Bothell
City of Kirkland
City of Mercer Island
City of Redmond
Shoreline Fire District
Northshore Fire District
Woondiville Fire & Rescue
Eastside Fire & Rescue
Fall City Fire District
Duvall Fire District
City of Snoqualmie
Snoqualmie Pass Fire District
Skykomish Fire District
Valley Regional Fire Authority
Enumclaw KCFD #28
Puget Sound Regional Fire Authority
Port of Seattle
Renton Regional Fire Authority
City of Tukwila
Burien Fire District KCFD #2
North Highline Fire District
Vashon Island Fire District
Skyway Fire District
Maple Valley Fire District (Includes Ravensdale KCFD #47)
Mountain View Fire District KCFD #44
City of Seattle
South King County Fire & Rescue
00
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.0)
0
CO
King County Airport
South County Medics
a)
N
O
Z
Reserve Units for Zone 1 units will use the 200 series and Zone 3 will use the 400 series
Volunteer Units would have a "V" added to the end of their unit number
35
36
Michael R: Kenyon
Rachel B. Turin
An Marie J, Soto
Kim AdamsPratt
Dayld A. Lineha:i
Alexandra L. Kenyon
Eileen. hi, Kniffer
Hillary E. Grabor
Andrew D. Tsoming
TO: Tukwila Public Safety Committee Members
FROM: Rachel. Furpin, City Attorney
DATE: September 4, 2019
RE: Interlocal Agreement for Mutual Aid for Fu
Doug F. Mosich
Shelley M. Kerslake
7-2014
At the Public Safety Com.mittee ("Committee") meeting on September 3, 2019,
Committee members requested additional clarification from my office regarding the City
Council's policy role in relation to the attached Interim:al Agreement liar Mutual Aid (the
"iLA"). Specifically, Committee members raised concerns that certain language in the ILA
could be viewed as limiting the budget authority granted to the City Council pursuant to state
law. The Committee also risked for the City Attorney's office to provide additional language that
would suggest future clarification and changes to the ILA. That language will be provided to the
Committee members separately to retain the .attorney/client privilege.
Myoffice has reviewed the ILA, as well as the accompanying two -page clarification
letter dated April 19, 2019 .1rom the King County Fire Chiefs Association .Executive Board that.
was provided to the Kirkland Tukwila City Council (the "Clarification Letter"). The purpose of
this memo is to provide my thoughts on th.e effects of this ILA (if any) on the City Council's
power and authority,
While the Clarification Letter is not part of the ILA itself and therefore does not amend
the ILA. or carry true legal authority, it does provide a clear intention of the parties on.
interpretation of the ILA, which could be cited to in the event of a conflict over such
interprctatiom Specifically, on page two, the Clarification Letter states that "...this ILA does not,
nor was it ever intended to bind a jurisdiction financially. In fact, it provides a Withdral,val
clause, which simply requires 60 days written notice.„" The Clarification Letter further states
that, "this clause places motivation on the Administrative Board to act in a fair and consistent
manner if the agreement is to survive long-term."
Thus, it does not appear that the parties intend for this language, albeit ineloquent., to bind
the City Council's budgetary (or other) authority. instea.d, it seems intended to discourage ILA
participants from taking advantage of other participations by significantly reducing staffing
levels/resources and relying on its mutual aid partners instead, Additionally, the City is a
member of the King County Fire Chiefs Association and can represent the City's interest in any
Kenyon' Disend, PLLC
The Municipal Law Fii- 111 j Front Stceet South
Issaquah, WA 9807,7-3820 Tel: (475) 392-70%
Fax: (425) 392-7071
yAvwlrcnyol'adIsencirotT9
37
service level discussions. Further, the withdrawal provision of the ILA allows a party to
withdraw upon 60 days written notice. As such, should the City Council desire to make
significant service level changes that are opposed by the other participating members, Tukwila
can simply provide notice and withdraw from the ILA,
While I believe that having the ILA in place is wise, as it outlines the parties' current
practices and basic parameters relating to the provision of mutual aid to the participating
agencies, it could certainly be written more clearly, I recommend that the City work with other
participating agencies to clarify the language at issue within the ILA. 1 request that the City
Council provide a reconimendation on a timeline within the next two years (term of the current
ILA) for King County Fire Chiefs Association and participating agencies to revise the ILA
language and provide a clearer document for all menthers to consider.
-2-
38
April 19, 2019
This letter is intended to clarify Section 6 of the Martin Luther King County Interlocal
Agreement for Automatic Aid. To date, 22 of the 27 public fire service agencies have
signed. Three of the five agencies remaining are moving forward with their respective
approval processes.
To address Kirkland's concerns with the language in Section 6 of the agreement, the
following clarification is to explain the background and intent.
The first concern was with the last sentence of the first paragraph, which states 'All
participating Agencies shall have resources staffed 24-hours per day, seven days a week,
365 days per year, with staffing levels consistent with agreed upon standards set by the
Administrative Board.''
There are two reasons this sentence is in the agreement. First, as explained in Section
3 — Definitions, Automatic Aid is an automatic dispatch first response program. As
such, resources must be constantly staffed, 24/7/365, to meet the intent of the
agreement. This sentence is used primarily to exclude participation by fire
departments whose staffing and training practices do not support achieving the
definition of automatic aid (in most cases these are small, rural volunteer
departments),
Secondly, this wording established the expectation, along with the sentence described
below, that any agency participating cannot take advantage of their neighbors by
placing resources unavailable because a neighbor has a resource available that can
provide an adequate response time. One drawback to automatic aid, is the potential
practice that one participant could minimize its investment in its own resources to take
advantage of a nearby resource that a neighbor is funding. This sentence simply
allows the Administrative Board to properly administer the intent of the document.
Your second concern was with the first sentence of the second paragraph, which states
"All participating Agencies shall at a minimum maintain the staffing, resources, and
KING COUNTY FIRE CHIEF ASSOCIATION EXECUTIVE BOARD
Steve Heitman Matt Morris ieff Clark Rick Marshall Bruce Kroon Harold Scoggins
175 Newport: Way NW • Issaquah, WA 98027 • (425) 3.13-3228 • www,kcica,com
39
equipment that they had available upon the effective date of this ILA or the date upon
which such Fire Department was accepted in the ILA."
The intent of this sentence is to expressly prevent agencies from taking advantage
of their neighbors by closing resources that can be served by neighboring
jurisdictions, without first properly noticing the Administrative Board and all
participants. This sentence allows the Administrative Board to establish notification
guidelines for agencies to inform the Board when significant resource changes are
going to occur that could impact their neighbors and the ILA.
Please note that this ILA does not, nor was it ever intended to, bind a jurisdiction
financially. In fact, it provides a Withdrawal clause, which simply requires 60 days written
notice to the King County Fire Chiefs Association. As such, if a jurisdiction feels as though
the Administrative Board is acting outside of the intent explained in this memo, the agency
can easily withdraw from the agreement, This clause places motivation on the
Administrative Board to act in a fair and consistent manner if the agreement is to survive
long-term.
VVe hope that this memo properly clarifies the intent of the language within the agreement,
VVe look forward to having Kirkland become a signatory. Please let us know if there is
anything else we can clarify for you.
Respectfully,
King County Fire Chiefs Association Executive Board
KING•COUNTY FIRE•CHIEF AS EXECUTIVE BOARD
Steve:Heitman Matt.MOrris tett.Clarki Riek rvtatahall atuneletone. HaneldStoggins.
175 Newport Way NVV Reaquah, WA 98021 (425) 313-3228 9 www...kcit a nom
40
City of Tukwila
City Council Public Safety Committee
PUBLIC SAFETY COMMITTEE
Meeting Minutes
September 3, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Dennis Robertson, Chair; Kate Kruller, Zak Idan
Staff: David Cline, Henry Hash, Jay Wittwer, Bruce Linton, Victor Masters
CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m.
. ANNOUNCEMENT
II. BUSINESS AGENDA
A. Interlocal Agreement: Automatic Aid
Staff is seeking Council approval of an Interlocal Agreement for Automatic Aid between
Regional Fire Agencies. This is a 2018-2019 update to an existing ILA, and the agreement now
includes the City of Seattle and also requires the renumbering of apparatus to eliminate
redundant numbering within the mutual aid system. The ILA was previously recommended for
approval by the Committee, but the Committee of the Whole referred it back, requesting
additional legal review. The City Attorney's office had several suggested changes that were not
accepted by the ILA Committee, but determined there are no major legal concerns with this
version. Chair Robertson noted that the ILA includes language that participating agencies
provide staffing, resources and equipment levels consistent with standards set by the
Administrative Board, which seems as though it could replace the authority of the City Council.
He reached out to staff earlier in the day with this concern, and staff provided an April 19, 2019
letter from the King County Fire Chiefs Association Executive Board addressing similar concerns
raised by the Kirkland City Council. Councilmember Kruller agreed with Chair Robertson's
concerns and also requested to see the suggested edits from the City Attorney that were not
included in the ILA. Councilmember Idan noted that Tukwila benefits from participating in the
ILA. The Committee members agreed to recommend the ILA to the Committee of the Whole but
asked that the April 19 letter and a City Administrator memo be included in the packet.
UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 9, 2019 COMMITTEE OF THE WHOLE.
B. Purchase of Fire Marshal Office Replacement Vehicle
Staff is seeking Council approval to purchase a 2020 Ford Police Interceptor SUV AWD Hybrid in
the amount of $64,817.24 for the Fire Marshal Office. The FMO vehicle was originally scheduled
to be replaced in 2017 but was delayed to 2020 since it had not yet met the mileage threshold.
The threshold has now been met and funds are available from the Public Safety Plan bond, The
replacement was budgeted at $80,000.00. Councilmember Kruller asked why the City wouldn't
wait until 2020 as budgeted. The fleet manager has determined a considerable savings if the
purchase is made now. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 16, 2019
REGULAR CONSENT AGENDA.
41
42
COUNCIL AGt:'NDA SYNOPSIS
i�tt
'
frTlr'lt'Nt
09/09/ 19
Vicky
"r ``
09/16/19
ITEM INFORMATION
ITEM No.
iI uNsolt. VICKY CARLSEN
C7RRuN.u, Ack 1) \ D I.L. 9/9/19
C;l,lti1),1 I`n M 7'1r1.r Resolution to Update Fire Department Fee Schedule
1'I'f :C;()lti' 1q I)/iG°rrye',pi�tt{/�
i ti't iQ Date l/✓ d +'
}'4 t otion q ry
.'�ft 1Jf!%L' V > [3 i1'
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e ❑ t' ❑TS ''..R oIa EPIP" Cou
- I'lllC7r1
l capCouncil is being asked to approve a resolution to update fire department fee schedule
lI 1T11,1t1
11.\°III°.I) lil' r C,O.v "r+Its;;,CDN Comm
E Trans &It1tr''.Struant ❑ ArN Comm.
DATE: 8/12/19 & 8/26/19
Finance
Comm. Public Sdct COMM.—
rn. Planning (onir.
CHAII : MCM EOD
❑ 1',1r1
{;C)rt,1;1II'I"I`EI
RECOMMENDATION
SPoNsoR/AT)
C(1\11\II
iTN. Finance and Fire Departments
rl PI. For Information Only
COST IMPACT / FUND SOURCE
l ; `t'1;T'INTvR1? RI?t?t'T12I AMOUNT BUDGETED APPROPRIATCON REQUIRED
Fund Source:
Comments:
IVITG. DATE
RECORD OF COUNCIL ACTION
9/9/19
9/ 16/ 19
IVITG. DATE
ATTACH ENTS
9/9/19
Informational Memorandum dated 8/7/19
Draft Resolution
Minutes from the 8/26/19 Finance committee eeting
6/19
43
44
City of Tukwila
Allan Ekberg, Mayor
TO:.
INFOR ATIONAL E ORANDU
Finance Committee
FROM: Vicky Carlsen, Finance Director
Ben Hayman, Fire Marshal
CC: Mayor Ekberg
DATE: August 7, 2019
SUBJECT: Update Fire Department Fee Schedule
Updated after August 12, 2019 Finance Committee meeting
ISSUE
Recommendation for Council to update the current Fire Department fee schedule by adjusting
current fees to market rates and adding new fees to more closely align with other fire jurisdictions.
BACKGROUND
The Fire Department charges fees for a variety of services performed. The fees are intended to
recover a portion of the City' costs for processing permit applications, plan reviews, and re -
inspections as well as a fee in conjunction with recovery of hazardous incident response costs.
With the exception of fees for fire permits required by the International Fire Code and plan reviews,
fees have not been increased since at least 2010.
Because the structure of fire fee schedules can vary significantly from entity to entity, comparison
data has been provided at the end of this memo.
DISCUSSION
As noted above, the Fire Department charges fees for a variety of services performed. Fees
charged can be categorized in several sections including fire permit, plan review and inspection
fees, re -inspection, and new fees. Each fee type is discussed below. In order to review and
streamline current processes, the City is recommending that the changes to the fee schedule take
effect January 1, 2020.This date will allow the build -out of the new fees in TRAKIT and the
outreach to key stakeholders.
Fire Permit Fees
The first table represents fire permit fees. The current fee is $150.00 for all fire permit fees. The
recommended update to the fee breaks the permits into several categories with fees reflective of
the type of permit and complexity. Also reflected in this section are short-term/temporary permits,
which reflect a fee increase plus the addition of one inspection included in the fee, and special
event permits with no recommended change to the fee.
Updated after August 12, 2019 Finance Committee meeting
During the August 12, 2019 Finance Committee meeting, concerns were voiced regarding the
short-term permit fee for food vendors. In response to the Committee's concerns, the short-term
permit fee has been changed back to the original fee of $25.00.
45
INFORMATIONAL MEMO
Page 2
Fire Permit Fees
Current Fee
Revised Fee
Notes
Fire permits required by the International
Fire Code
TMC 16.16.080
$150.00 for each
permit
Construction Permits:
$500.00 for high pile
storage, flammable and
combustable liquids,
hazardous materials.
$300.00 all other contruction
fire permits
Permit fees
broken out into
multiple
categories
Operational Permits:
$300.00 for high pile
storage, flammable and
combustable liquids,
hazardous materials.
$175.00 for all other
operational fire permits
Short term permits (i.e. for food vendors);
for events not to exceed
3 consecutive days in duration:
- Liquid propane permit
- Open flame permit
TMC 16.16.080
$25.00 for each
permit
$250.00. Fee includes one
Fee increased
inspection. $25.00 for each
included
permit
and
one -inspection
Temporary / Special Events Permit:
TMC 16.16.030
- Commercial
- Residential
$400.00
$100,00
$400.00
$100.00
No Change
No Change
Plan Review and Inspection Fees
The recommendation for plan review fees is to revamp the structure to more accurately reflect
the types of systems installed in the City and the effort required as the number of sprinkler heads
in a sprinkler system and number of devices in an alarm system increase. The current fee
structure breaks the number of sprinkler heads/alarm devices between 1 and 5 then 6 and more.
The revised schedule provides for more categories and adds in inspection fee to the schedule.
The first chart reflects the current structure, while the second chart displays the recommended
new fee structure for plan review fees.
46 Z:1Council Agenda Items\Finance18.26.191Info Memo - Fire Department Fee Schedule - Updated after 8.12.19.docx
INFORMATIONAL MEMO
Page 3
Plan Review Fees (current Fee Schedule)
Fee
For alternative fire protection systems
TMC 16.16.080
Commercial:
For 1-5 devices/heads Base fee = $200.00
For 6 or more devices/heads Base fee = $300.00 + $2.00 per
device/head in excess of 10
Single-family: Base fee = $50.00 + $1.50 per
sprinkler head in excess of 10
Resubmittal fee
$300.00
For fire alarm plans
TMC 16.40.040
Commercial:
For 1-5 devices Base fee = $200.00
For 6 or more devices Base fee = $300.00 + $2.00 per device in excess
of 10
Single-family: Base fee = $50.00 + $1.50 per device
in excess of 10 devices
Resubmittal fee
$300.00
For sprinkler system plans
TMC 16.42.040
Commercial:
For 1-5 heads Base fee = $200.00
For 6 or more heads Base fee = $300.00 + $2.00 per sprinkler head in
excess of 10
Single-family: Base fee = $50.00 + $1.50 per
sprinkler head in excess of 10
Resubmittal fee
$300.00
Z:1Council Agenda Items\Finance\8.26.191Info Memo - Fire Department Fee Schedule - Updated after 8.12.19.docx
47
INFORMATIONAL MEMO
Page 4
Proposed Fee Schedule
Commercial Fire Sprinkler Fees
Number of heads
Plan Review Fee
Per Head Review
Inspection Fee
Per Head
Inspection
1 to 10
$300.00
$2.50
$175.00
$1.50
11 to 25
$350.00
$2.50
$200.00
$1.50
26 to 50
$350.00
$2.30
$225.00
$1.50
51 to 100
$350.00
$2.25
$300.00
$1.50
101 to 1000
$350.00
$1.90
$500.00
$1.30
1001 or More
$400.00
$2.25
$750.00
$1.00
13D Sprinkler System Fees
Number of heads
Plan Review Fee
Per Head Review
Inspection Fee
Per Head
Inspection
1 to 10
$150
N/A
$200.00
N/A
11 to 25
$175
N/A
$250.00
N/A
26 or More
$200
N/A
$300.00
N/A
Additional Systems
Plan Review Fee
Inspection Fee
Per Riser
$100
$100.00
Per Fire Pump
$150
$300.00
Fire Alarm System Fees
Number of Devices
Plan Review Fee
Per Device Review
Inspection Fee
Per Device
Inspection
1 to 10
$300
$2.25
$150
$1.00
11 to 25
$300
$0.75
$250
$1.00
26 to 100
$350
$1.00
$275
$1.00
101 to 500
$400
$1.10
$500
$1.50
500 or More
$500
$0.85
$1,100
$1.00
Commercial Clean Agent Systems and
Commercial Kitchen Fire Protection Systems
Plan Review Fee
Per Device Review
Inspection Fee
$350
$1.00
$150.00
Reinspection Fees
The current fee schedule for re -inspections reflects a stair step approach. As each additional re -
inspection occurs the fee increases. The first reinspection at $60.00 then stepping up to a fee of
$135 for the fourth re -inspection and any subsequent re -inspection. The recommended
reinspection fee schedule sets all re -inspection fees to $175.00 regardless of how many re -
inspections occur. This will streamline the invoicing process for re -inspections by eliminating the
need to track the number of re -inspections for each project. Re -inspections also include an appeal
fee currently set to $250.00. The recommendation is to increase the appeal fee to $500.00. The
chart below displays the current fee structure as well as the recommended fee structure.
48 Z:1Council Agenda Items\Finance18.26.1911nfo Memo - Fire Department Fee Schedule - Updated after 8.12.19.docx
INFORMATIONAL MEMO
Page 5
Re -inspection fees
For new construction, tenant improvements or spot inspections
TMC 16.16.080
TMC 16.40.130
TMC 16.42.110
.TMC 16.46.150
TMC 16.48.150
$100.00 (current fee)
For company level inspections:
TMC 16.16.080
On the follow-up inspection 30 days after the initial company level violation,
when the inspector finds that the violations have not been corrected = $60.00
On the second follow-up inspection, when the inspector finds that the
violations have not been corrected = $85.00
On the third follow-up inspection, when the inspector finds that the violations
have not been corrected = $110.00
Fee for the fourth and any subsequent follow-up inspections when the inspector
finds that the violations have not been corrected = $135.00
Revised Fee
$175.00 per re -
inspection
APPEAL FEE
TMC 16.16.090
TMC 16.40.170
TMC 16.42.150
TMC 16.46.170
TMC 16.48.170
$250.00
$500.00
Proposed New Fees
In addition to the current fees charged for services provided by the Fire Department, other
services provided by Fire are not currently supported by fees. The City is recommending that
new fees be added to the schedule to recover a portion of the City's cost of providing these
services.
The table below reflects two new categories of fees. The first category are fees to recoup costs
associated with development, public works, mechanical, and land use permits that are reviewed
by Fire personnel. The second category are special fees and include fees for expedited and after-
hours plan review and expedited and after-hours inspections, both resulting in possible overtime
costs to the City. Other recommended fees in the category include, but are not limited to, a fee
for starting work before the issuance of a permit and a 5% technology fee for Fire fees only (there
will not be a double technology fee charged if there already is a technology fee charged), similar
to the fee charged by Department of Community Development.
Z:1Council Agenda Items\Finance18.26.1911nfo Memo - Fire Department Fee Schedule - Updated after 8,12.19.docx
49
INFORMATIONAL MEMO
Page 6
Development, Public Works, Mechanical and
Lend Use penndo reviewed by Fine
Special Fees
Expedited and After -Hours Fire Plan Review
s400.00
sxpauUeuand ane�*ouramspecUon
5500.00
vvim�ns�ommonivaUnn,FaoU��
� 15O�OD
New Business u�3n��mopecVon
$0000plus
Applicable
Operational Permit
Fees
Boundary Line Adjugmont�Residential
�
�1VOO�
Boundary Line Adjustment: Commercial
$ 200.00
Lot Consolidation: Residential
$ 100.00
Annual LVe3o��|nspecUon
s5V+Applicable
Operational Permit
Fees
Lot Consolidation: Commercial
� 4O0��O
Short Plat Fire Review
$ 200.80
Smoke Control System Plan Review
$750.00
Sub Fire Division
$ 500�00
MidhseSmoke Control System Inspection
$500�00
Hiqhr|seSmoke Control System Inspection
$900.00
sspAFife Review
S 400.00
Resubmitta| Plan Review Fee
$300.00
Development Fire nev|nm nosiuonUm|
$ 150.00
Emergency Responder Radio Coverage SystemTe
S300�00
�25D�OQ
�i,eYahanne�equey���eyi��nVa|
Development Fi�Rovmp: Commercial
$ 4O000 �
Fire Variance Request: Commercial
$500.80
Public Works Fire Review: Residential
$ 150.00
Fire Appeal Fee
$500.00
Public Works Fire Review: Commercial
$ 300.00
Fire Suppression and Detection Confidence Test
Administrative Fee
$15.VVper system
Mechanical Fire Roviow� nasmvnum/
�
�
$ ��VD8
Starting work before apermit issuance shall basub ect to an
investigation fee equal toa1O0Y6o,applicable permit fees
Mechanical Fire Review: Commercial
S 300.00
A5%Technology Fee will beadded toall Fire Fees
Outreach Plan
In order to communicate the changes to the Fire Department fee schedule, the City has identified
the following steps to notify those affected by the changes in the fee schedule.
- Work with Chamber t0help notify businesses Vfthe pending changes.
- Notifications posted on C|tyvvebs|te.
- Meetings held with key stakeholders.
- Signs ofupcoming fees atPermit Center and Fire Marshal's Office.
Fee Schedule Comparison toOther Jurisdictions
Fee schedules for fire services very significantly from entity to entity. For example, some fee
schedules for permit fees are listed as broad categories with a flat fee for each category. Others
list detailed categories with flat fees for each or the fee is a percentage based on the value of the
permit. Because of the complexity and variances between #aa oohedu|es, comparison data is
provided bytype ofbusiness rather than type offee. Fees are examples and would vary based
onsize and complexity ofthe project.
$6,370
Small Restaurant - Fire Protection Fees
$2,074 l'DZZ ,, q, , ^' —
��/y5 $1,136
' '----
CovingProposed
ton
Kent Kirkland Bellevue Tukwila Lynnwood 5eoTac
Renton VRFA Tukwila
50 Z:�Council Agenda ItemsVinance\8.26.19kInfo Memo - Fire Department Fee Schedule - Updated after 8.12.19.docx
Current
INFORMATIONAL MEMO
Page 7
$19,241
$12,594
Fire Protection Fees- 5 storyhotel
$6,509 $6,490 $6,202 $5,356 $4,913 $3,860 $3,192 $2,961
Kent Lynnwood Kirkland Proposed SeaTac Bellevue Renton VRFA Current Covington
Tukwila
Fees
$338
$321
$321
$268
$300
$258
High Pile/Rack Storage- OPERATIONAL
$268 $258
$200 $200
$175 $175
ALL OTHER OPERATIONAL PERMITS
$200
$200
$175 $175 $175
Tukwila
$155 $150
$155
oc,
••\,)'
$150
$125
$125
$1.00
$100
RECOMMENDATION
The City Council is being asked to approve the resolution and consider this item at the August
26, 2019 Committee of the Whole meeting and at the subsequent September 3, 2019 Regular
Meeting.
Mound Agenda Items1Finance18.26.191Info Memo - Fire Department Fee Schedule - Updated after 8.12.19.docx
51
52
NOTE: Shaded text on Page 2 denotes changes
made after the August 12, 2019 Finance
Committee meeting.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, REPEALING
RESOLUTION NO. 1935 AND ADOPTING A
REVISED FIRE DEPARTMENT FEE SCHEDULE.
WHEREAS, the City has analyzed current Fire Department fees for various services
provided including, but not limited to, permits, plan review and re -inspections; and
WHEREAS, the City Council wishes to recover a portion of the City's costs for
processing of permit applications, plan reviews, re -inspections, and other services
provided by the Fire Department; and
WHEREAS, the City has not reviewed and updated fees charged by the Fire
Department for several years;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Repealer. Resolution No. 1935 is hereby repealed.
Section 2. Fire Department Fee Schedule. Fire Department fees will be charged
according to the following schedule, which shall supersede any previously adopted fire
permit fee, plan review fee or re -inspection fee.
W:\Legislative Development\Fire Department Fee Schedule 8-21-19
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53
FIRE DEPARTMENT FEE SCHEDULE
FIRE PERMIT FEES
Fire permits required by the International Fire Code
TMC 16.16.080
$150.00 for ach
permit
Construction Permits:
$500.00 for high pile
storage, flammable and
combustible liquids,
hazardous materials.
$300.00 all other
construction fire permits
Operational Permits:
$300.00 for high pile
storage, flammable and
combustible liquids,
hazardous materials.
175.00 for all other
operational fire permits
Short term permits (i.e. for food vendors); for events not
to exceed 3 consecutive days in duration:
- Liquid propane permit
- Open flame permit
TMC 16.16.080
$25.00 for each permit
. . .
Temporary / Special Events Permit:
TMC 16.16.030
- Commercial
- Residential
$400.00
$100.00
W:\Legislative Development\Fire Department Fee Schedule 8-21-19
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54
Page 2 of 8
TMC 16.16.080
Commercial:
dovicefhead in excec's of 10
sprinkler head in exec s of 10
Rosubmittal fee
$
TYPE
FEE
TMC 16.42.040
. ..
sprinkler head in excess o
sprinkler head in excec. of 10
Resubmittol fee
etk
W:\Legislative Development\Fire Department Fee Schedule 8-21-19
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Page 3 of 8
55
Go ercial Fire rinker Fees
u er of
Plan eview
(Per Head)
Inspection
(mer ead)
inspection
eads
Fee
eview
Fee
1 to 10
$300.00
$2.50
S17500
$1.50
11 to 25
350.00
$2.50
$200.00
$1.50
26 to 50
$350.00
$2.30
S2250O
$1.50
51 to 100
$350.00
$2.25
$300.00
$1.50
101 to 1,000
$350.00
$1.90
$500.00
$1.30
1,001 or ore
$400.00
$2.25
$750.00
$1.00
dditional
Plan evie
Inspection
yste s
Fee
Fee
Per Riser
$100,00
$100.00
Per Fire Pump
$150.00
$300.00
3 ',Tickler Sy te Fees
u ber of
Plan evie
er ead)
inspection
(Per ead)
Inspection
eads
Fee
eview
Fee
1 to 10
$150.00
NIA
$200.00
N/A
11 to 25
S175M0
N/A
$250,00
N/A
26 or More
S2OOEOO
N/A
$300.00
N/A
\Ai:legislative Development\Fire Department Fee Schedule 8-21-19
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56
Page 4 of 8
Fire • lar yste Fees
u ber of
" an evie
("er
evice)
Inspection
Fee
(er evice)
vices
Fee
Inspection
evie
1 to 10
$300.00
$2.25
$150.00
$1.00
11 to 25
$300.00
$0.75
$250.00
$1.00
26 to 100
$350.00
$1.00
$275.00
$1.00
101 to 500
S400.0O
$1.10
$500.00
$1.50
501 or More
S500.00
$0.85
$1,100.00
S1.00
Co ercial Clean • gent vste s an
Co ercial itchen Fire 'rotection vste s
Ian evie
(Per
Inspection
Fee
evice)
Fee
evievv
$350.00
$1.00
$150.00
RE -INSPECTION FEES
For new construction,
inspections or spot
tenant improvements,
inspections
life safety
$100.00 $175.00
per re -inspection
TMC 16.16.080
TMC 16.40.130
TMC 16.42.110
TMC 16.46.150
TMC 16.48.150
W:\Legislative Development\Fire Department Fee Schedule 8-21-19
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Page 5 of 8
57
For level inspections.
company
. .
. .
. . . .
the inspector finds that the violations have
been 60.00
not corrected ........................................-
. . . . ,
. .................................... .
inspector finds that the have not
violations
...... .......... .. . . ........................ .
follow inspections the inspector
up when
finds that the hake not been
violations
. ............................................. . .
APPEAL FEE
TMC 16.16.090
TMC 16.40.170
TMC 16.42.150
TMC 16.46.170
TMC 16.48.170
$250.00 500.00
evelop ent, Public orks, echanical and Land Use Pe its revie ed by Fire
Wireless Communications Facility
$150.00
Boundary Line Adjustment: Residential
$100.00
Boundary Line Adjustment: Commercial
200.00
Lot Consolidation: Residential
$100.00
Lot Consolidation: Commercial
$400.00
Short Plat Fire Review
200.00
Sub Fire Division
$500.00
SEPA Fire Review
$400.00
W:\Legislative Development\Fire Department Fee Schedule 8-21-19
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58
Page 6 of 8
Development Fire Review: Residential
S150.00
Development Fire Review: Commercial
$400.00
Public Works Fire Review: Residential
S150.00
Public Works Fire Review: Commercial
$300.00
Mechanical Fire Review: Residential
$150.00
Mechanical Fire Review: Commercial
$300.00
pec ia I Fees
Expedited and After -Hours Fire Plan Review
$400.00
Expedited and After -Hours Inspection
$500.00
New Business Life Safety Inspection
$50.00 plus
Applicable
Operational Permit
Fees
Annual Life Safety Inspection
$50.00 + Applicable
Operational Permit
Fees
Smoke Control System Plan Review
$750.00
Mid -rise Smoke Control System Inspection
$500.00
High-rise Smoke Control System Inspection
$900.00
Resubmittal Plan Review Fee
$300.00
Emergency Responder Radio Coverage System Test
$300.00
Fire Variance Request: Residential
$250.00
Fire Variance Request: Commercial
$500.00
Fire Suppression and Detection Confidence Test
$15.00 per system
Administrative Fee
WALegislative Development\Fire Department Fee Schedule 8-21-19
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Page 7 of 8
59
Starting work before a permit issuance shall be subject to
an investigation fee equal to 100Vo of applicable permit fees.
A 5`)/0 Technology Fee will be added to all Fire fees unless
the Technology Fee is already being charged by another
City department.
Recovery of Hazardous Incident Response Costs
TMC Chapter 6.14
Minimum fee for
incident response
costs = $250.00, plus
any "extraordinary
costs" as defined per
TMC Chapter 6.14.
Section 3. Effective Date. The fee schedule contained in this resolution shall be
effective immediately.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
WALegislative Development\Fire Department Fee Schedule 8-21-19
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60
Finance Committee Minutes August26, 2019
absorbed in their budget. He also stated it would be helpful to have costs broken out in greater
detail so the Council can better anticipate the budget. Finance staff is working to update the
chart of accounts for greater transparency.
Councilmember Quinn asked if service separations are identified separately so they can be
appropriately offset. Staff replied that separations can be costly and departments are expected
to absorb them by cutting back in other areas. Councilmember Quinn stated that the Fire
Department has requested significant budget amendments each year since 2012 and these
proposed amendments reveal the true cost of service. Councilmember Seal pointed out that
when the Department begins charging for false alarms again, the business community will direct
any backlash to the Council. Councilmember Quinn said that the Council needs to give financial
direction and structure to Fire and in return will need some guarantees. Chair McLeod stated
support for the additional revenue sources proposed by staff as well as a more robust annual
report as outlined in the RCW. FORWARD TO SEPTEMBER 9, 2019 COMMITTEE OF THE WHOLE.
B. Resolution: Fire Department Fee Schedule
Staff is seeking Council approval of a resolution that would update the Fire Department fee
schedule by adjusting current fees and adding new fees to more closely align with other
jurisdictions in the region. Fees are intended to recover a portion of the City's costs for services
such as fire permits, plan review, and inspections. At its August 12,2019 meeting, the Committee
requested staff return with a different proposal forshortterm permits following Councilmember
Quinn's comments expressing concern about deterring the types of activities the City would in
fact like to attract. The revised proposal retains short-term permit at the current fee of $25.00.
Staff noted that there is some statewide movement to address permitting of food trucks and the
City is monitoring that activity. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 9, 2019
COMMITTEE OF THE WHOLE.
C. Fire Department Special Operations
Staff provided an overview of the special operations that the Fire Department has provided in
the past as well as in the transition toward Zone 3 regionalization. Tukwila has been a leader in
the state to specialize in hazardous materials and rescue efforts, responding to calls including
the Oklahoma City bombing, World Trade Center emergency, and the 0S0 mudslide. The Zone
3 Technical Rescue Response model was formalized in 2004-2005, which organizes and
coordinates responding agencies. Tukwila has a responsibility toward training and special
operations as its contribution to the region. Chair McLeod asked about budgetary impacts of
specialized training, and staff estimates courses cost $50,000 or less each year. Deployments are
reimbursed at or nearly 100%. Chair McLeod asked about water rescue training on the Columbia
River and staff responded that this was done once in 2010 during a flooding threat. Chair McLeod
recommended a presentation to the full Council on July activities. DISCUSSION ONLY.
61
62
COUNCIL AGENDA S YNOPSIS
Inifia/c
AleetiAg Date
Prepared 15,
Ifelior's MM ell'
Collie/ r?pien,
09/09/19
Vicky
ITEM INFORMATION
ITEMNO.
SI \ H, SpoN sow VICKY CARLSEN
°Ric', 1\,'Ll AG I NDA D ‘ I I-,: 9/9/19
AG I,ND \ 11 1 'AI TI 11,1;
Discuss Fire Department budget
em rim
9/9
El Mo tio n
„Iiis Date
E Re,aution
A fig Date
n Ordinance
1, ik Date
E Bed ,Iward
\ Po e
° D d{
n Pub& I learkg
AN Date
0 Other
..\ lig Date
CVIIGoRY IN 1)/3
megade
SPONSOR 69itlicti jAlajor LJI-IR
'e l'ire jIS
Pazte PIE' I— Coll/
DCD F21-Tinan
PC:--R
SPoNsoR's Council is being asked to discuss the fire department budget and consider a proposed
SUM \f \In budget amendment.
RI A II AX 1,1) BY E C.O.W. Mtg. I-1 CIDN Comm
0 Trans &infrat4ruciure EArts Comm.
DATE: 7/8/19 & 8/26/19
erg Finance
COMM. E Public Safety COMM.
Comm. E Planning Comm.
CH \IR: MCLEOD
111 Parks
COMMFFIFE
RECOMMENDATIONS:
SPONSOR/ADMIN.
Comm'
Finance and Fire Departments
ri 1 I. For Information Only
COST IMPACT / FUND SOURCE
ExpLNDI 1 um., RI ,QUIRJ,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/9/19
MTG. DATE
ATTACHMENTS
9/9/19
Informational Memorandum dated 8/7/19
Minutes from the 8/26/19 Finance Committee meeting
63
64
City of Tukwila
Allan Ekberg, Mayor
2 905
TO:
INFOR ATIONAL E ORANDU
Finance Council Committee
FROM: Vicky Carlsen, Finance Director
Jay Wittwer, Fire Chief
CC: Mayor Ekberg
DATE: May 22, 2019
Updated after tJulv 8, 2019 Finance Committee meeting
( ew information begins on page 17 of this memo)
SUBJECT: Fire Budget Discussion
ISSUE
Review current and historical Fire Department budget, staffing, and service levels to determine a
sustainable model which meets the City's financial and policy goals.
BACKGROUND
This section provides historical information on the Fire department as well as narrative discussing
several aspects of the budget development process. The final section provides the current budget
projection.
Current Staffing Levels
Total Fire Department Staffing
The 2019-2020 Budget authorizes a total of 67.0 Full -Time Equivalents (FTE's) in the Fire
Department. The table below summarizes these Budgeted FTE's.
Position
FTE's
Notes
Fire Chief
1
Assistant Fire Chief
1
Battalion Chief — EOC & Fire Marshall
2
Captains (Inspectors) — Fire Marshall's Office
2
Captains — Training Consortium
2
Work with the South King County
Fire Training Consortium as part of
City's financial commitment
Senior Project Coordinator — Fire Marshall's
Office
1
Plans reviewer
Assistant to the Chief
1
Administrative Support Technician
2
1 supports the Fire Chief, 1 supports
the Fire Marshall's office
Emergency Management Specialist
1
Battalion Chiefs — Suppression
3
One per shift
Captains — Suppression
12
4 per shift, 1 per Fire Station
Firefighters — Suppression
39
13 per shift
Total FTE's
67
65
INFORMATIONAL MEMO
Page 2
There has not been a change in the number of Budgeted FTE's since 2013.
Minimum Staffing Levels - Suppression
As noted in the chart above, there are several activities, such as Fire Marshall, Training, and
Emergency management which have staff and budgets allocated to these services. The majority
of staffing (54 FTE's) and budget is dedicated to suppression with 24/7 coverage for calls for
service within the Tukwila community. This memo is focused on the Suppression services within
the Fire Department.
Shift Coverage - 48/96
In 2009, per the newly adopted labor agreement, the Tukwila Fire Department began operating
on a 48-hour, 3 shift model, with 18 personnel assigned to each shift. This translates into a shift
being on for 48 hours, then off for 96 hours, also referred to as a "48/96" model. This was a
change from what is known as the Modified Detroit schedule of a 24-hour schedule.
The chart below shows the shift schedule for both the 48/96 and the Modified Detroit:
Example of Modified Detroit and 48/96 Schedule
I1 1 !
Day 1 Day 2 i Day 3 i Day 4 i Day 5 i Day 6 Day 7 Day 8
48/96 (Current Schedule) On 10n 1Off 10ff :Off 1Off I Then repeats
Modified Detroit On ;Off ; On ;Off I On ;Off ;Off ; Off Then repeats
Minimum Staffing
Per current policy, the minimum staffing level is for 13.0 FTE. Each station has three firefighters
(one Captain and two firefighters) who respond to calls with engines or the ladder, with the
battalion chief stationed at Station 51. When staffing level for the shift is at least 15, the aid car
can be placed in service, which increases the level of service and can reduce response time by
having an additional unit in service. The chart below summarizes daily staffing levels based on
the number of FTE's available.
Station
Apparatus
Minimum
Staffing
13.0 FTE
Additional
Staffing
14.0 FTE
Aid Car
Staffing
15.0 FTE
FS 51
Battalion Chief
1
1
1
FS 51
Engine
FS 52
Engine
3
3
3
FS 53
Engine
3
3
3
FS 54
Ladder
3
4
FS 54
Aid Car
0
0
2
Total Staffing
13
14
15
When the City added pipeline positions in 2014 (discussed below), an additional 3 to 5
(unbudgeted) FTE were added. Currently, the policy is to fill up to 3 pipeline positions, which
effectively increases the staffing to 19 personnel per shift.
For each shift of 19 FTE, there are two slots set aside for vacation and two slots set aside for
Kelly Days (explained below). That leaves an additional two slots available for education leave
66
INFORMATIONAL MEMO
Page 3
or sick leave before staffing falls to rDiDiFOu[n staffing of 13. When @dddkzno| aid( legve. Kelly
days, training days, or other activities occur that reduce staffing below 13. the current policy is
that other staff are called in on overtime to maintain the minimum staffing level.
Summary of Current Shift �
Shift 15_,
Total Staff per Shift 19 19 19
Less: Vacation Slots -2 -2 -2
Less: Kelly Day Slots -2 -2 '2
Staffing Level Prior boUnexpected Leaves 15 15 15
Minimum Staffing 13 13 13
Slots Available for Unplanned Leave 2 2 2
KellvOay
A Kelly Day is an additional day provided to meet FLSA and contractual requirements. Due to
FLGA ru|eo, each personnel are provided m certain number of "Kelly [)aye^, which is a day off
during mnFL8Aperiod, and are scheduled ahead oftime similar toaplanned vacation day. Each
FL@Acycle ia24days and only one Kelly Day may b8scheduled each FLSAperiod. Kelly Days
do not carry over into a new year. Starting in 2009. the total number of Kelly Days per each
position is 14 days. This was an increase from 13 per the prior labor agreement, which was
provided iOlieu 0f81%pay increase.
Pipeline Positions
|nMarch 2O14.the Council approved the use of pipelinepuaitions. The pipeline positions were
intended to create potential cost savings and increase operational effectiveness. When a
firefighter retires, the individual in the pipeline can Step into the vacated position. When arecruit
enters the academy. it can take between six and nine months before m recruit is fully trained.
These pipeline positions were approved by Council at the March 3, 2014 meeting.
|nJuly 2O16iO expectation of additional retirements and inemeffort tureduce overtime usage,
the Council increased this blauthorize anadditional 2Upto5pipeline positions. |naJune 201G
mennu, it was stated that through the middle of the year, the department had filled 55 24-hour
overtime shifts due tominimum staffing requirements. If the three pipeline positions had not been
in eXisteDce, the department would have filled 132 24-houroVerti0e shifts due to 0iDimVDl
staffing issues. The memo also stated that because ofthe pipeline positions, the aid car was in
service more frequant|y, increasing service levels to the communities. The additional pipeline
positions would enhance the department's capability to keep up with pending retirements and is
more efficient and cost effective than the utilization of excessive overtime.
The chart below shows total authorized positions and pipeline positions.
The additional pipeline positions add to the number of firefighters available per shift.
67
INFORMATIONAL MEMO
Page 4
Staffing level considerations
There are several factors which come into play when be|mnoiOQ current staffing levels for
suppression.
Vacation leave
Per oonbGct, each personnel are guaranteed a certain level of vacation leave. The table below
shows the average usage of total vacation leave per year, by hours. As you can See vacation
hours use has slowly increased over the years with mslight reduction in2O18. Per the labor union
agneement, personnel may Gocun1U|@ta up to two y8eno of accrued vacation. For example, if
firefighter accrues two weeks per year, they can accumulate up to four weeks of accrued vacation.
The exception to this rule is if an employee had scheduled as many as two work cycles or less
vacation and then was unable to take such vacation due to serious illness/injury, the employee
may exceed the two-year maximum bythat amount with the understanding that (1)the employee
will bring their vacation b8|@DC8 within the two-year 0aXi0Unl within an agreed UpDD period Of
time of return to work.
The City does have apolicy regarding vacation accrual, but hiespecific tonon-union employees.
The policy states that an employee may accumulate up to a maximum of 384 hours (48 days) of
accrued vacation leave. Vacation time earned inexcess nfsaid maximum limit shall beused or
forfeited. The policy goes contain a statement that reads: "union employees shall accrue vacation
per their labor contract in instances where it may differ from these provisions".
Vacation Hours Taken
Suppression Only
zms
-
2010 011 2012 2013 014 2015 2016 2017 2018
Kellv D@y
Per the contract and FLSA guidelines, GS described earlier, the number of Kelly Days per
personnel has remained constant Et14since 2DOS. The table below shows the average usage
of total Kelly Days per year as expressed in hours. As you can see this has remained fairly
consistent 8tabout 10thouoaMd per year. Kelly [)ay usage increased in 2010 and 2017a/ong
with the increase in pipeline positions. Further analysis is Deeded to determine why Kelly Day
usage decreased iO2O18.
68
INFORMATIONAL MEMO
Page 5
25,000
20,000
15,000
10,000
5,000
Kelly Hours Taken
Suppression Only
2010 2011 2012 2013 2014 2015 2016 2017 2018
Tra|ninq/[therUsaqe
There is required training and other education which firefighters complete each year. Some of this
is done during normal scheduled work hours, while others impact daily staffing levels. The number
ofhours for training and education outside ofthe normal work schedule iashown below. As the
chart demonstrates, overtime training hours is not consistent from year to year with it ranging from
a low ofapproximately 2BGtoa high ofover 1.1OO in 2017.
1,200
1,000
mm
600
400
om
o
Training OT HOU[I
Suppression Only
2017
2010 2011 JUIZ 2013 2014 2015 2016 2017 2018
Training Hours n/a 296 323 973 510 912 676 1,119 586
Sick Leave and Lonq-TemODisability
Sick leave can change bvday and bvshift. Below are two charts depicting sick leave hours from
2O1Othrough 2O19. The first chart compares January through April iMall years and the second
one compares January through December from 2010 through 2018 and January through April for
2019. Both charts combine regular sick |o@V8 with long-term disability as our financial system
69
INFORMATIONAL MEMO
Page 6
does not segregate long-term disability from sick leave. Along with long-term disability, sick leave
usage appears to be trending upward with the trend beginning in 2015.
As the table below shows, the number of hours of sick leave has increased from just over 10,000
hours in 2010 to a peak of 14,000 hours in 2018. Sick leave usage can have a significant staffing
and budget impact, especially if covered through overtime staffing.
16,000
14,000
12,000
10,000
8,000
6,000
4,000
2,000
0
2010
2011
2012
Sick Hours Taken
Suppression Only
2013
2014
2015 2016
2017 2018
2010 2011 2012 2013 2014 2015 2016 2017 2018
Sick Hours 8,549 9,668 9,506 9,614 11,356 11,085 12,091 13,141 13,699
Using sick leave usage through April 2019, the projection is for a similar usage of sick leave in
2019 as was experienced in 2018.
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
2010
2011
2012
Sick Hours Taken Jan -April
Suppression Only
2013
2014
2015
2016
2017
2018 2019
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Sick Hours 2,601 3,551 2,739 3,608 4,125 3,616 4,968 4,887 5,997 5,828
Long -Term Disability
Whereas sick leave is intended for a short period of time, there is also the case when a firefighter
is out for a longer period of time due to an injury, health issue, or other issue.
70
INFORMATIONAL MEMO
Page 7
48/1D-?
1/7/19'6nM8
3/2M8'7/1/19
5/1019-?(intermi8enV
1/21/19 4/2019
2/5/19 4/1019
3/18/19'5/5/19
1/16;9' 2n9/18
5/15n9'7/1/19
One factor contributing bJthe budget situation this year iathe number offirefighters out onlong-
term d|sabi|ib/, which we have defined as at least one consecutive nlo[dh of sick leave. 0e|ovv is
aohart that shows how many firefighters are out on long-term disability each month. The chart io
an estimate through June and only reflects those currently out onextended leave. Names have
been removed for privacy. Data onlong-term disability for prior years will bepresented atalater
date one the research has been completed. -As the table shows, in January there is one firefighter
at on long-term disability, whereas in March and April there were four to seven firefighters out on
long-term disability.
Dates ' January' February `��'�May,�����June
' v
! ! ! |
i i i i i i i
FF1
pF2
FF3
FF4
pp5
FFO
FF7
FFO
FF9
!
�
Retirements/Leaves of Service and New Hires for Suppression
Each year. individuals leave the department due to ndinanlant, another opportunity or
unfortunede/y, due to a death but the Oapmrtnnart also makes new hires. On average, the
Department loses one to three firefighters per year and seeks to maintain consistent staffing levels
byhiring new employees. When the Department hires anew firefighter, they first have toundergo
approximately four months of training before they are deemed qualified as available for service.
While the new firefighter is not able to fill a roster spot on o shift during these initial four months.
they are paid salary and benefits.
The chart ba/oxv compares the Department's departures and hires for the time period 2010
th[oUgh2O18.
m
o
u
«
z
o
Departures& Hires
All FoSince omz
2010 2011 2012 2013 ,mw 2015 2016 2017 ,mu unp
9nep="re" 2m°"
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Departures o a o o a a o o a a
mes 2 1 4 4 3 9 6 3 6 2
71
INFORMATIONAL MEMO
Page 8
Deployments
Another factor that affects staffing levels is deployments. When a natural disaster occurs
somewhere else, often we will send firefighters to assist with recovery. Some recent examples
include responding to the Oso disaster in our own state and the hurricanes that occurred on the
east coast last year.
When firefighters are deployed to assist with recovery, they are typically gone for several days
which affects staffing levels. Most often, the City is reimbursed for the costs associated with these
deployments but occasionally, the City is not reimbursed for all costs. Additional information on
deployments will be provided at a later date.
Summary of Staffing Considerations
Overtime Usage
Overtime is used to ensure that minimum staffing is met due to any reason, from vacation, Kelly
Days, sick leave, long-term disabilities, retirements, or other issues. For example, when a
firefighter goes out on long-term disability for an extended length of time (at least one month), the
usual two slots available for education and sick leave drops to one. When more than one
firefighter on the same shift is on long-term disability, any firefighter calling in sick automatically
results in minimum staffing overtime.
The overtime usage has fluctuated over time. The table below shows the number of minimum
staffing overtime hours used 2011 through 2018 (overtime hours were not tracked per project
code until 2011).
9,000
8,000
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
41
2011
2012
Minimum Staffing OT Hours
Suppression Only
2013
4441444411
.441..4444
2014
2015
.1414411144444
2016
2017
41414444411411
2018
2010 2011 2012 2013 2014 2015 2016 2017 2018
Min Staff OT hours n/a 4,735 5,102 8,337 7,040 6,680 3,709 2,876 6,458
The following chart shows total overtime by category. Minimum staffing overtime can range from
around 30% of total overtime to over 60% of total overtime.
72
INFORMATIONAL MEMO
Page 9
�
* Minimum Staffing
* Misc
*cn"ipment
Overtime Categories
96nfWhole, byHours
2013
P
Training
61%M
U No PA Code
211,
ie,' Meetings
In
Disaster Response
0cthc, Nneimbuoable
City Events N Fire Investigation 0 Shift Extension
wait=
Overtime 2011 2012 2013 2014 2015 2016 2017 2018 Grand Total
Minimum Staffing E,167 5'648 9,325 7359 6'968 3,972 3'024 6,678 48,140
Training 599 595 1,333 926 I'855 955 1'453 1'066 8'78I
Meetings 1,210 1'205 1,372 803 695 793 907 600 7'584
Disaster Response 239 ]D 4,031 89 26 1'439 416 6'268
K8iso 503 235 777 1'469 I'824 1,165 7I1 318 6'I0I
NoPACode 398 188 778 21 432 639 211 80 2'746
Other 198 33 45 127 283 406 940 2'031
Reimbursable 161 142 163 197 221 250 214 488 1'835
Equipment 87 123 284 573 180 131 147 112 1'635
City Events 174 Z]% 260 226 175 125 209 55 1'455
Fire Investigation 164 lZG 73 307 175 206 237 161 1'447
Shift Extension 247 67 155 218 126 174 81 132 I'20I
The cost of overtime has increased due to the change in usage and also the increase in average
compensation over the past few years. /\ethe table shovvs, the o0St per hour has consistently
73
INFORMATIONAL MEMO
Page 10
$1,000,000
$900,000
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
Total Overtime $ Paid
2010 2011 2012 2013 2014 2015 2016 2017 2018
Overtime $ $/H r
$60.00
$58.00
$56.00
$54.00
$52.00
$50.00
$48.00
$46.00
$44.00
2010 2011 2012 2013 2014 2015 2016 2017 2018
Overtime $ $407,964 $446,557 $440,553 $754,079 $857,927 $658,738 $495,855 $514,312 $647,876
Overtime Hours 8,221 8,907 8,831 14,592 16,127 12,065 8,717 9,038 11,046
$/Hr $ 49.63 $ 50.13 $ 49.89 $ 51.68 $ 53.20 $ 54.60 $ 56.89 $ 56.90 $ 58.65
A key administrative and policy question is what can be done to reduce the overtime usage
and costs going forward.
Budget Process
The Finance staff budgets for personnel costs as well as liability insurance and fleet costs. Fire
staff budget supplies and services. All departments develop their budgets within the parameters
set by Administration and Council.
When Finance drafts the budget for personnel, all approved positions are fully funded at the
existing labor agreement rate schedules plus an estimate for COLA increases. Benefits are
adjusted based on known or estimated rate increases. Positions that are not at the top step
include an increase in both salary and benefits to account for any step increases due during the
biennium. Any vacant position is budgeted at the lowest step plus benefits and medical at the full
family rate.
Overtime is typically budgeted at previous year levels unless a department can prove the need
for additional budget. One change in how overtime was budgeted occurred with the 2017-2018
biennium. Prior to 2017, the overtime budget line item included both overtime and associated
benefits. Beginning with the 2017 budget, the overtime line item is strictly overtime pay. Benefits
associated with overtime are budgeted in the correct benefit line.
There are a few items that are not budgeted and which the City departments are expected to
absorb the difference within their original adopted budget.
• Pipeline positions are not budgeted. It is expected that these costs will be offset by a
reduction in overtime costs and usage.
• As a policy, the City also does not budget for pending or possible retirements, specifically
the vacation and sick leave payouts.
74
INFORMATIONAL MEMO
•The budget does not include funds for possible deployments. Typically,the budget will be
amended once costs and reimbursement information can be estimated. Often.
reimbursement funds are not received until the following year.
° The City does not usually amend the adopted budget to account for any labor agreements
that settle wages higher than what is included in the adopted budget. Departments are
expected to absorb the difference.
BudQetA0end0oOt
The fire department budget has been amended every year since 2O12. The amendments range
in amounts from a low mf$85thousand in 2010to @ high Of$1 million in 2014. The average
budget amendment for the department iaabout $5OOthousand. The chart below shows the total
original adopted budget followed by a breakdown of amendments by year.
One item b)note on budget amendments is that inthe first year of the biennial budget,the budget
amendment will often be carried forward into the second year of the budget cycle. This can be
seen in 2015 and 2018vvhen overtime was increased both years and again in 2017 and 2018
when budget was provided for pipeline positions.
Fire B6dgqtA0endmentDe'taiIs,
Revenue (ReVe Amended
2010 10,212,773' - 85,00 - ' ' - 85,000 10,297,773
-----`-`-`------------------------------------------- `-`---`-`-`-`---`---`-`-`-`-`-`-`-`---
%M1 9,948,846- ' - ' - - - -9,948,846
---`-------`-`---------`-`-`-`-`-`-----`-`-`---`-------`---`-`-'-----`-`---`-`---`-`-`-`-`-
2V121 234788 ____�u1�33G0�0n_____�________�________�__.___3%\9G
10,542,961
________________
2013 1 - 200,000 ' ' ' - - 200,000 10,447,976
-`-----`--------------------- --`-`-`-`-`-`-`-`-`-`-`---`---`-`---`---`-`-`-`-`-`---`-`-`-`-
20U5 11 - 300�OO - ' ' ' 74O�OU 11
,796,925
______________________________________________________________________________
20161 _______�___���»�___ _37�V 11,710,304
2017 11,862,568_______�______�________�___3n�00 _ ______�______�o�D ____4OU�0O 12,262,568
__
12,541,640
XM8__1 _______�______�______O�0�____�____2��O_______�______4�0�____3��4 __
2019 12,473.387 - 12,473387
Additional details OOthe "Other Adjustments" column is as follows:
^2O1O:Increase Of$85K for fleet O&M
* 2012: $21.O83for reinstating .25FTE
* 2014: $340Kb} fund LEOFF retiree medical and 840Kto odd fire permits to TRAkJT.
* 2015: 80K for vacation payouts (not related to service separations), $21 OK for payouts due
to aen/ioa separation, and 9UKfor associated benefits. Also includes $6DKfor radio
purchases
w2O10: $90K for vacation payouts (not related to service separations), $220K for payouts due
toservice separation, and 83Kfor associated benefits.
r2018: $6BktDbudget for transfer tofiremen's pension fund
75
INFORMATIONAL MEMO
Page 12
2O18PmiectedYear-End
Staff is preparing G projected year-end 0Qd8| along with a discussion on the assumptions that
will beincluded inthe model. The model will be completed and presented atafuture meeting.
New information for JU|y8.2D19
Mutual Aid
In addition b]the Citv's fi[8fightO[S responding tVemergency incidents within the bOUOd8heG of
the City, the crews also respond to, and receive, mutual aid. Mutual aid provided is when the
City's firefighters respond to an emergency incident in another jurisdiction's boundaries. K8UtUa|
aid received is when firefighters from other jurisdictions respond into the City's area to respond to
an incident.
The charts below graphically display mutual aid given and received on a City -Wide basis, by
]uhodiction, and by station. Data provided is from 2014 through 2018. The first chart
demonstrates that, in tctm|. the City provides more mutual that what is received. For the period
shown, the City responded to a total of 3.304 mutual aid ceUa and received a total of2.O22
received, a net difference of 572.
mm
700
600
500
400
sou
onu
mu
2014
20I4-20I8 Mutual Aid
EMutual Aid Given
�
�
2016
utua|Aid Received
Another way to }DOk at mutual aid is to analyze 0UtU8| aid given and received, but by jurisdiction.
As the chart below indicates, the City responds into King County Fire District #20 (Sand
the Renton RFAmore than the City receives aid. Conversely, Puget Sound RF4provides the City
more mutual aid than the City provides the A|FA.
76
INFORMATIONAL MEMO
Page 13
Entities included in the "Other" category include the following: Black Diamond FD #17, Boeing
Fire, Enumclaw FD, King County Medic One, KCFD #43, Port of Seattle, Seattle Fire, South King
Fire, Valley RFA, Vashon Island Fire & Rescue, and Woodinville. While the number of calls in
many of these areas are minimal, it does demonstrate that the City of Tukwila fire department can
respond to calls in areas that do not border the City.
2,000
1,800
1,600
1,400
1,200
1,000
800
600
400
200
610
156
11
1,572
1,806
Mutual Aid by Jurisdiction
2014 - 2018 (summarized)
62 206
KCFD 420 (Skyway) North Highline Puget Sound RFA
Given e Received
365
Renton FD
415
289
Other
The final mutual aid chart looks at the same data as the chart above but displays the data by
station. While, in total, the City gives more mutual aid than is received, both Station 52 and Station
54 receive more mutual aid than provide mutual aid, however, Stations 51 and 53 respond to
more mutual aid calls that receive. It is also worth noting that Station 52 gives and receives the
least amount of mutual aid than any other station. This could be relevant information since one
of the policy choices presented includes reducing staffing levels at this station.
77
INFORMATIONAL MEMO
Page 14
450
400
350
300
250
200
150
100
SO
0
Given
2014 340
2015 410
2016 286
2017 259
2018 273
MUTUAL AID BY STATION
GIVEN AND RECEIVED
51 Mutual Aid 51- Mutual Aid 52 - Mutual Aid 52 - Mutual Aid 53 - Mutual Aid 53 - Mutual Aid 54 - Mutual Aid
Received Given Received Given Received Given
122 28 55
122 12 33
110 24 37
115 22 45
137 29 51
54- Mutual Aid
Received
105 102 133 287
142 79 153 279
153 91 203 338
169 95 209 284
118 89 223 302
Schedule for Future Meetings
Additional topics related to the fire department that will be presented at future meetings. Below
is a tentative schedule with meeting dates and topics:
July 22, 2019: Existing service levels for Tukwila fire department
August 12, 2019: Cost and service level comparison to other fire/EMS service providers
August 28, 2019: Options for service levels and how to fund the different service level
options
A memo on the fire marshal's office will also be presented as a topic for discussion at the July 22,
2019 meeting.
DISCUSSION
To begin the discussion on next steps to address the fire department's projected overbudget
situation, two options regarding policy are being presented below as possible ways to keep the
fire department within budget. Additional options could be presented at a later date.
Policy Discussion
There are some policy choices that relate to both the fire department budget as well as levels of
service. As discussed above, there are a few items that, as a policy, the City does not budget for
when drafting the biennial budget:
• Pipeline positions — salary and benefits for an entry level firefighter is approximately
$98 thousand.
• Known retirements — based on current information, payouts in June are expected to
be approximately $72 thousand total for three firefighters.
Additionally, the current policy sets minimum staffing levels at 13 per shift. If staffing falls below
13, minimum staffing overtime is triggered.
78
INFORMATIONAL MEMO
Page 15
Two suggestions that could keep the Fire department within budget follow.
1) Increase budget/revenues to support current level of service and staffing
The first method would be to increase the fire department's budget to include funding for the
pipeline positions and add budget for retirements that have already occurred in 2019 as well as
those that are planned for later in the year. Funds could either come from increasing existing
revenue sources, adding new revenue sources, decreasing budgets in other departments, or a
combination of all the above.
2) Decrease minimum staffing level to 12 on days when minimum staffing is not met
A policy option for the Fire Department would be to change the level of service to 12 rather than
13. When minimum staffing is below 13, rather than calling in one shift of overtime, the Fire
Station 52 aid car could be placed in service rather than an engine. The aid car can respond to
most calls but the reduction in service would come into play when a fire call comes from Station
52's area. An engine from another station would become the first due in unit, lengthening the
response time. Engine 52 is also the second in engine for most fire calls in the City. If this engine
is swapped out for the aid car, this will cause a delay in a second engine arriving on scene, putting
the first -in unit at risk. The "two in - two out" rule by the State OSHA / L& I, is required for entry
into a hazardous environment, such as a fire. Each of Tukwila's fire units are staffed at 3, a
second staffed fire unit is needed. Fireground staffing levels (NFPA 1710) will also be affected,
which will require an increase of aid from our neighboring fire agencies.
From January 1, 2019 through April 30, 2019, there were 60 days when minimum staffing was
below 13, resulting in minimum staffing overtime. Each shift of overtime costs approximately
$1,400. If, on those 60 days, minimum staffing was reduced to 12 and the aid car placed in
service, total savings in overtime costs would have been $84 thousand.
Below is a chart showing fire calls by type that Station 52 engine responded to from 2014 through
2018. The chart represents first -in calls only and does not include fire calls were Station 52 was
the second in engine. As demonstrated by the second chart, Station 52 responds to the fewest
fire calls of all four stations. On average, this station responds as first in on 48 fire calls a year.
79
INFORMATIONAL MEMO
Page 16
30
25
20
15
10
5
0
200
180
160
140
120
100
80
60
40
20
0
12
Station 52 Fire Responses by Type
10
12 12
8 8
Structure Vehicle & mobile Cooking
property
185
6
114
100
126
53
• 2014
56
25
7
9
10
5 5 5
2 r4:1 3
Natural Rubbish &
Vegetation Dumpsters
2015 02016 2017 III 2018
Fire Calls by Station By Year
with Average Response Times
4i38
44
62 62 63
I I I I
72
57
101
76
6 7
4
Other types
102
85
0:07:12
0:06:29
0:05:46
0:05:02
0:04:19
86 0:03:36
00253
0:02:10
0:01:26
0:00:43
0:00:00
51 51 51 51 51 52 52 52 52 52 53 53 53 53 53 54 54 54 54 54
2014 2015 2016 2017 2018 2014 2015 2016 2017 2018 2014 2015 2016 2017 2018 2014 2015 2016 2017 2018
MEM Fire Calls -Response Time
New Option: Fully Fund Current Service Levels
Another option available would be to fully fund the current service levels in the following manner:
1) As previously mentioned, the current staffing model includes 19 24-hour personnel per shift.
Between 2013 and 2018, the average number of overtime hours worked was 12,000 across all
divisions within the fire department. Assuming an hourly rate of $60 per hour, to fully fund
overtime at the average number of overtime hours worked annually, the total overtime budget
would be $720 thousand. The current overtime budget for 2019 is $531 thousand. If the
budget were trued up to reflect the average number of overtime hours worked, the budget
should be increased an additional $189 thousand. Adjusting benefits would add an additional
$24 thousand for a total increase in budget of $213 thousand.
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INFORMATIONAL MEMO
Page 17
'ditime, ours
Overtime $ 407,964 446,557 440,553 754,079 857,927 658,738 495,855 514,312 647,876
Overtime Hours 8,221 8,907 8,831 14,592 16,127 12,065 8,717 9,038 11,0*
Cost per Hour *euo 50.13 49� 89 m.m 53.20 54.60 56.89 56.90 58.65
720,000
12,000
60.00
29 Fund the cost associated with the academy. The length ofthe academy ia approximately 18
weeks and during those vveeka, the fire department carries the full cost of the recruit (salary
and benefits of approximately $40 thousand in total) but does not receive a level of service in
return. Budget could baprovided tocover the costs mfthe academy. Budget for four recruits
would add $18Othousand tothe existing budget.
3) Fund the cost of separations of service (retirements, etc.). Because current policy requires
nnininnunn staffing of 13, the fine department must absorb the costs of separations without
reducing service levels. To dete, the department is ovvmne of three upcoming retirements with
estimated payouts totaling $72 thousand. Adding budget of$1OOthousand would cover not
only known separations but provide some funding for possible future separations.
Tosummarize, to fully fund current service levels, total budget of $473 thousand would be added
to the 2019 budget. Future budget years would include these G@nl8 iOcnaoSeS with COLA
adjustments factored in.
True upovertime $213.000
Fund academy 180.000
Fund service separations 100.000
Total increase in budget $473,000
New Information for AugUst2O. 2019
Fire Expenditure BudOet
The proposal for the items listed ebove, true up of overtime, acadanny, and service oeperations,
are needed tofund existing service levels and would be proposed for both 3O19and 2O2O, If the
same levels of service are nnointainad, these adjustments would be rolled into future budgets.
The final proposed budget amendment would include an estimated COLA adjustment for 2O2O
for all three items.
In addition tothese qnqoinO annendrnents, staff will be reoornmendinq one-time amendments,
specific to2O1S. Two revenue -backed items and one unbudqetmdsiOnificantevent (not revenue -
backed) occurred this year. For the propane tank incident. the Fire Department incurred
approximately $11.500 in costs that will be reimbursed by the responsible Party. The fine
department also incurred approximately $7,800 in costs associated with an unexpected structural
code compliance issue that will be reimbursed by the |ooe| business, The snowstorm event
resulted in $30.600 in unbudqeted expenditures for the Fire Department that will not be
reimbursed tothe Qty.
81
INFORMATIONAL MEMO
Page 18
Total recommended budget amendments are as follows:
Proposed Budget Amendments 2019 2020
Ongoing $473,000 $496,650
Propane Incident 11,500
Code Compliance Issue 7,800
Snowstorm 30 600
Total Proposed Amendment $522,900 496,650
Revenue Budget
In addition to increasing the expenditure budget for the fire department, staff recommends that
that the Fire Department begin billing for revenues previously authorized by Council.
• False Alarms
• Recovery of hazardous incident response costs
Another revenue source available to the City is be an ambulance transport fee similar to what
other cities in Zone 3 currently collect. Staff will work with the Fire Department to write a contract
with the private ambulance companies to collect the fee,
The addition of these revenues could partially offset the additional expenditures being requested
by the fire department, thereby lessening the impact to the general fund.
Service Levels
Another policy decision is related to service levels. Staff will be bringing forward information on
existing service levels to the Public Safety committee in the near future. This information will be
beneficial in discussing the Fire department budget. To enhance the discussion on service levels,
staff is gathering data on call statistics. Some of the information being gathered is call types by
year and calls by station. Detailed call statistics will help guide future discussions on how best to
address the budget situation with the fire department.
National Fire Protection Association (NFPA)
The NFPA is a non-profit organization that convenes committees comprised of fire service -related
professionals for the purpose of developing fire, electrical, and other life -safety standards. These
standards are often utilized to make policy decisions regarding staffing and service levels.
NFPA 1710 provides minimum standards related to the organization and deployment of fire
suppression operations, emergency medical operations, and special operations by career (paid)
fire departments. Standards recommended by NFPA 1710 are summarized below and represent
the resources necessary to provide the highest probability of a successful and safe outcome.
• Single-family dwellings: minimum 14 members, 15 if aerial is used
• Open strip malls and garden -style apartments: minimum 27 members, 28 if aerial is used
• High-rise with highest floor greater than 75 ft above lowest level of fire apparatus access:
minimum 42 members, 43 if building is equipped with a fire pump.
In addition to reviewing NFPA standards on staffing levels, it is important to review incidents and
response times. As the chart below indicates, from 2014 through 2017, the number of incidents
each year increased. However, in 2018 the total number of incidents decreased. It is too early
to know if 2018 was an anomaly or the start of a new trend.
82
INFORMATIONAL MEMO
Page 19
Along with the increase in incidents, response times also increased in apparent correlation with
the increase in incidents except for 2017. In 2017 average response time actually decreased.
6000
5800 -
5600
5400 -
5200
5000
4800
0:05:50
2014
0:06:
0062
52
2015 2016
Total Incidents
40
0:(:16:12
2017 2018
0,.Avg Resp Time
0:06:29
0:06:20
0:06:12
0:06:03
0:05:54
0:05:46
0:05:37
0:05:28
Another trend in service levels worth noting is that the average duration of an incident has been
declining over time. The shorter duration on calls helps to mitigate the impacts of increased call
volume on average response times.
83
INFORMATIONAL MEMO
Page 20
6000
5800
5600
5400
5200
5000
4800
5156
2014
RECOMMENDATION
For information only
2015
5752
2016
5840
2017
Total Incidents — -Avg Duration
2018
0:38:53
0:37:26
0:36:00
0:34:34
0:33:07
0:31:41
84
City of Tukwila
City Council Finance Committee
FINANCE COMMITTEE
Meeting Minutes
August 26, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Thomas McLeod, Chair; DeSean Quinn, Kathy Hougardy
Staff: David Cline, Vicky Carlsen, Jay Wittwer, Chris Flores, Bruce Linton, Tony Cullerton,
Jeff Friend, Laurel Humphrey, Jeremy Brecher-Haimson
CALL TO ORDER: Chair McLeod called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II, BUSINESS AGENDA
A. Fire Department Budget
Committee members and staff continued discussion of the Fire Department budget. If the
Council chooses to fund the existing service levels, it will need to authorize a budget amendment
totaling $522,900 for 2019 and $496,650 for 2020. These amendments would increase overtime
($213K), funding the Fire Academy ($160K), funding service separations (100K), a COLA
adjustment for these items in 2020, and unbudgeted significant events: the propane tank
incident (reimbursable), snowstorms (non -reimbursable), and a structural code compliance
issue (reimbursable). In addition to increasing the expenditure budget, staff recommends that
the Fire Department begin billing for false alarms and recovery of hazardous incident response
costs as previously authorized by Council. Another source of revenue is an ambulance transport
fee similar to what other Zone 3 cities collect. These revenues will lessen the impact to the
general fund. Councilmembers asked clarifying questions about minimum staffing, which is
13.0 FTE per current policy. Currently 18 personnel are funded per shift, which includes vacation
and Kelly days.
Chair McLeod asked if those on leave due to injuries can do administrative/light duty work. Staff
replied that is occurring more frequently this year. Chair McLeod pointed out the policy question
of determining what can be done to reduce overtime usage going forward. The bookends
provided to Committee in May were to either fund the Department as it currently operates, or
consider dropping minimum staffing down to 12 on days when only 12 report to shift. Chair
McLeod referenced the potential impact to other departments if budget is added to Fire. He
asked where budget would come from to cover the cost of funding the academy, and staff replied
either reducing other departments or identifying a new revenue source. Councilmember Seal
asked what it means to fund the academy and staff replied that it is the salary and benefits of
those in the academy as well as overtime costs associated with being shorthanded.
Councilmember Quinn asked about how Police covers academy costs and staff replied that it is
85
Finance Committee Minutes August 26, 2019
absorbed in their budget. He also stated it would be helpful. to have costs broken out in greater
detail so the Council can better anticipate the budget. Finance staff is working to update the
chart of accounts for greater transparency.
Councilmember Quinn asked if service separations are identified separately so they can be
appropriately offset. Staff replied that separations can be costly and departments are expected
to absorb them by cutting back in other areas. Councilmernber Quinn stated that the Fire
Department has requested significant budget amendments each year since 2012 and these
proposed amendments reveal the true cost of service. Councilmeniber Seal pointed out that
when the Department begins charging for false alarms again, the business community will direct
any backlash to the Council. Councilmember Quinn said that the Council needs to give financial
direction and structure to Fire and in return will need some guarantees. Chair McLeod stated
support for the additional revenue sources proposed by staff as well as a more robust annual
report as outlined in the RCW. FORWARD TO SEPTEMBER 9, 2019 COMMITTEE OF THE WHOLE.
B. Resolution: Fire Department Fee Schedule
Staff is seeking Council approval of a resolution that would update the Fire Department fee
schedule by adjusting current fees and adding new fees to more closely align with other
jurisdictions in the region. Fees are intended to recover a portion of the City's costs for services
such as fire permits, plan review, and inspections. At its August 12,2019 meeting, the Committee
requested staff return with a different proposal for short term permits following Councilrnernber
Quinn's comments expressing concern about deterring the types of activities the City would in
fact like to attract. The revised proposal retains short-term permit at the current fee of $25.00.
Staff noted that there is some statewide movement to address permitting of food trucks and the
City is monitoring that activity. UNANIMOUS APPROVAL FORWARD TO SEPTEMBER 9, 2019
COMMITTEE OF THE WHOLE.
C. Fire Department Special Operations
Staff provided an overview of the special operations that the Fire Department has provided in
the past as well as in the transition toward Zone 3 regionalization. Tukwila has been a leader in
the state to specialize in hazardous materials and rescue efforts, responding to calls including
the Oklahoma City bombing, World Trade Center emergency, and the OSO mudslide. The Zone
3 Technical Rescue Response model was formalized in 2004-2005, which organizes and
coordinates responding agencies. Tukwila has a responsibility toward training and special
operations as its contribution to the region. Chair McLeod asked about budgetary impacts of
specialized training, and staff estimates courses cost $50,000 or less each year. Deployments are
reimbursed at or nearly 1000/0. Chair McLeod asked about water rescue training on the Columbia
River and staff responded that this was done once in 2010 during a flooding threat, Chair McLeod
recommended a presentation to the full Council on July activities. DISCUSSION ONLY.
86
UCIL4E A
PSIS
Meeting Date
Prepared by
Mayor's r view
Council review
09/09/19
MS
A ,,
ITEM INFORMATION
ITEMNO.
STAFF SPONSOR:
EREDITH SAMPSON
ORIGINAL AGENDA DATE: 09/09/19
AGENDA ITEM TITLE
HB 1406 Resolution and Ordinance
CATEGORY LPil Discussion
Fri Motion
ER Resolution
rI Ordinance
E Bid Award
III Public Hearing
1-1 Other
A bx Date 09/09/19
11/ItcgDate 09/16/19
Mtg Date 8/27/19
Mtg Date 8/27/19
Mtg Date
tlitgDate
Mg Date
SPONSOR
Council
Mayor [IHR
DCD
Finance
Fire OTS 1111-)&R
Police
Court
SPONSOR'S
SUMMARY
HB 1406 is a local revenue sharing program for local governments providing a percentage
of the local sales and use tax to be used for affordable housing investments. The council is
being asked to consider the resolution and the ordinance authorizing collection of this tax.
REVIEWED BY
E C.O.W. Mtg. CDN Comm
Eli Trans &Infrastructure E Arts Comm.
DATE: 08/27/19
El Finance Comm.
Parks Comm.
1-1 Public Safety Comm.
[11 Planning Comm.
COMMI 1 1 EE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMI1TEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
SO
AMOUNT BUDGETED
SO
APPROPRIATION REQUIRED
SO
Fund Source:
Comments:
MTG. DATE
9/9/19
RECORD OF COUNCIL ACTION
9/16/19
MTG. DATE
9/9/19
ATTACHMENTS
Informational Memorandum updated 9/9/19 w/ attachments
Resolution
Ordinance
Minutes from the 8/27 CDN Committee
9/16/19
87
88
City
� Tukwila
f
Allan Ekberg, Mayor
������������l7 UU������
n� RA��U�UU
TO: Cmmmm�temofthe Whole
FRFROM:K8innieQha|hmm|'Planning Supervisor
BY: 80eredith|�ommpsxxm.��ssistantPlanner
CC: Mayor Ekberg
DATE: September ��2Q19(updated �fer8/2T(�DMCommittee)
SUBJECT: HB1406
ISSUE
Do���|o���U����|�ia|�ont��Ur��o��n��[�o�|��
revenue tobaused tovVardlocal kJVontnnontoinaffordable
BACKGROUND�������U�
During the 201S ia|at�esession, the state approved HB14OOvvhiohieolocal revenue
ahehngprogrmnlfor local goverMDlentG.This a||om/ local governments tDcoUe[taporUonof
state sales tax for addressing affordable housing. The tax credit is in place for up to 20 years.
/\||projects fundedbvHB14OOrAu8fServe those adorbe|om/809�ofthe area nned|aDinCor8e
(AM[). Homelessness and affordable housing are key issues both in the region as a«vhu|e and
in the City ofTUhVvU8 itself. The revenue aV�yi|ah|e to cities through tNS bill i8aVVoyto begin to
address this issue through auquiring, nehabi|itating, or constructing affordable housing;
opfsrationoand nleinteM@nceofDem/affordable housing orouppo�iVehousing faci|0es;orfor
rental assistance. House Bj|| 1406 can be found aeAdtachnlentA.
Tuhm/|adoes not levy o"oua|�vinglocal tax.. the anlountofsales tax credbeligible
for TUkm�aunder HB1408ja.0073Y�ofthe sales tax �onnthe state. However i[ h Council
��actetoget the n1a��n1UMnonnoUnte||oVVadunder HR14OG(.Q14696ofthe sales tux).the
Council vvou|dneed topass an ordinance to adopt a''quo|ifvinglocal tax" including ballot
nOeasUreGhyJuly 31.2020.C}VaUh/inglocal taxes include: an affordable housing levy (RCVV
U4.52.1O5).asales and use tax for housing and related services (Fl<�VVO2.14.53C).asales tax
for chenlioa|dependeno dn1ento|health services orther@peuUcooU�s(R(�VV82.14,4OO).or
olevy (propa�Vtax, f�CVVO4.55.O5O)|fused solely for mffon1aU|ehousing.
8�/��me�B�rah/��p����the �e����V�hing�n�����ing
the implementation ofHB 1406.
The revenue fnznnHB14O6can beused for:
1. Acquiring, rehabilitating, orconstructing affordable hnuoin�Tg; and/or
2. Operations and maintenance of new affordable housing or supportive housing facilities;
and/or
3. Providing rental assistance to tenants (only an option for cities with a population less
than 1OO.O0Opeople)
89
90
INFORMATIONAL MEMO
Page 2
DISCUSSION
The key decisions that Tukwila must make are:
1. Does the City want to participate?'
Participation inHB 1406doea not increase tax bzconsumers, it is sales tax revenue that
iebeing diverted from the State tothe City tobeused for affordable housing. T kwi|a'o
expected revenue is $162,046, based on data from 2018. A qualifying local tax would
double this revenue totaling an expected$824^OS3. but would result in on increase tax to
residents and has tVhaapproved bythe voters.
Non -participation would result in the City's share going to King County.
2. Does the City want toimpose a qualifying local tax?
Qualifying local taxes include: an affordable housing } O4.52.1O5).esales and
use tax for housing ` and related services (RCVVO2.14'53O).asales tax for chemical
dependency and mental health services or therapeutic courts (RCW 82.14.460), or a
levy (property tax, RCW 84.55.050) if used solely for affordable housing.
Imposing a qualifying local tax would double Tukwila's expected yearly revenue to$324.
093. but would result in an increase in tax for residents and would need to he approved
by a vote of the residents of Tukwila.
Decidinq to present a qualifvinq
credit will require some timinq considerations, as the leqislation requires that the
qualifying local tax must be "instated" (which DOR is interpretinq to mean "approved by
voters") within 12 months of the effective date of HB 1406. This deadline is July 27,
2020. The only elections before the Julv 2020 deadline are the special elections in
FebruarV and April,
3. How does the /City want touse the revenue?
This decision does not need tobemade adthis time. |fthe Council decides topass this
ordinoDce, staff will come back to the Committee with a process for determining hnvv the
revenue will b8used. HB14OOenables participating cities bzuse the revenue inovariety
of ways. Cities can keep their expected revenue in total to be used for affordable
housing within their boundaries, they can pool their money with other cities through an
inter|ooa|agreement, orthey can choose tod0ocombination ofthe two.
Tukwila currently participates hlSouth King Housing and Homelessness Pmdners
(SKHHP),which isocoalition formed byonjrteduca|agreement between Auburn,
Buhen, Covington, Des Moines, Federal VVay, Kent, Normandy Park, RentUn, King
County, and Tukwila. The purpose of8KHHPiatoincrease the available options for
South King County residents toaccess affordable housing and topreserve the existing
affordable housing stock. If Tukwila decides to pool its resources from HB 1406, SKHHP
vvoU|d beonavenue todothat. Additionally, King CpUMtv is also looking at pooling
resources at aCounty-wide level.
The funds collected can b8used to:
w Rehabilitate Tuhxvi|G's existing affordable housing stock, this may include
partnering with King County Housing Authority
w Partner with existing affordable housing developers such as Bellwether or
Homestead for projects that areshovel-ready
INFORMATIONAL MEMO
Page 3
* Pool with participating8KHHPcities, mwith King County, for the construction of
new affordable housing inSouth King County
• Provide rental assistance to Tukwila's low-income tenants
4. What are the deadlines for adopting legislation?
To participate, Tukwila must pass mresolution ofintent bvJanuary 31.2O3[land adopt on
ordinance authorizing collection oftax bv July 27. 2020. If the Council decides to impose o
qualifying local tax the deadline ieJuly 31.202O.|fTukwila decides not toinstate aqualifying
local tax, there isn0tax increase toconsumers. The revenue can begin tnbecollected once o
resolution ofintent and anordinance are both passed, and Department ofRevenue isprovided
othirty day notice. The city is able to collect taxes aoearly aaNovember 1 ifaresolution and an
ordinance ieadopted bvthe end ofSeptember.
FINANCIAL IMPACT
In order for Tukwila to begin collecting the revenue from HB 1406 the City must pass o
Resolution VfIntent, adopt anordinance, and notify the Department of Revenue. The
Department ofRevenue requires 30days notice ofadoption Vfsales tax credits. The credit will
then take effect on the first day of the month following the 30 day period. For example: if Tukwila
passes a resolution of intent and adopts an ordinance on September 16, revenue could begin to
be collected on November 1. Passing o resolution of intent and adopting on ordinance can
happen intandem.
Tukwi|a's expected revenue from HB1406 without mqualifying tax io$162,046 atnOexpense to
residents orconsumers. The amount ufsales tax revenue will becalculated onDecember 31.
2O19.which will establish the maximum amount the City can collect for the next 30years.
Hovvever, if the nm|ea tax revenue for the City is below the maximum amount in any given year,
the tax will cease to be distributed to the City for the remainder of that year. Any annual tax
revenues above the City's maximum must be remitted to the treasurer for deposit in the general
fund, and distributions will resume to the City at the beginning of the next fiscal year. Tukwila's
expected revenue from HB14Q8with aqualifying tax is approximately $324.OS3.which would
result in on extra expense toresidents and would need to be approved through evote. Revenue
will be distributed to each participating City monthly.
RECOMMENDATION
The Council is being asked to consider the resolution of intent and the ordinance at the
September 9, 2019 Committee of the Whole meeting and subsequent September 16, 2019
Regular Meeting.
Committee recommended that staff look into the financial impact that a qualifyinq sales tax
would have for the City. |Staff isresearchinOwhat this would look like inTukwila, 'and will come
back to Committee with --estimates and `a process bzdetermine ]how revenue will Ue{used.
King County has requested that the passage of the ordinance is after King County Council takes
action on their ordinance which is scheduled for September 12.
ATTACHMENTS
A:House Bill 14OR
B:AVVC handout
C: Resolution of Intent
91
92
CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1406
Chapter 338, Laws of 2019
66th Legislature
2019 Regular Session
AFFORDABLE AND SUPPORTIVE HOUSING --LOCAL SALES AND USE TAX
EFFECTIVE DATE: July 28, 2019
Passed by the House April 28, 2019 CERTIFICATE
Yeas 62 Nays 36
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
FRANK CHOPP State of Washington, do hereby
Speaker of the House of Representatives certify that the attached is
SUBSTITUTE HOUSE BILL 1406 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 28, 2019
Yeas 33 Nays 15
CYRUS HABIB
BERNARD DEAN
Chief Clerk
President of the Senate
Approved May 9, 2019 2:51 PM FILED
JAY INSLEE
Governor of the State of Washington
May 13, 2019
Secretary of State
State of Washington
93
94
SUBSTITUTE HOUSE BILL 1406
AS AMENDED BY THE SENATE
Passed Legislature - 2019 Regular Session
State of Washington
66th Legislature 2019 Regular Session
By House Housing, Community Development & Veterans (originally
sponsored by Representatives Robinson, Macri, Chapman, Valdez, Senn,
Peterson, Kloba, Tharinger, Gregerson, Stanford, Walen, Doglio,
Frame, Jinkins, Riccelli, Slatter, Ormsby, and Santos)
READ FIRST TIME 02/08/19.
1 AN ACT Relating to encouraging investments in affordable and
2 supportive housing; and adding a new section to chapter 82.14 RCW.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 NEW SECTION. Sec. 1. A new section is added to chapter 82.14
5 RCW to read as follows:
6 (1) The definitions in this subsection apply throughout this
7 section unless the context clearly requires otherwise.
8 (a) "Nonparticipating city" is a city that does not impose a
9 sales and use tax in accordance with the terms of this section.
10 (b) "Nonparticipating county" is a county that does not impose a
11 sales and use tax in accordance with the terms of this section.
12 (c) "Participating city" is a city that imposes a sales and use
13 tax in accordance with the terms of this section.
14 (d) "Participating county" is a county that imposes a sales and
15 use tax in accordance with the terms of this section.
16 (e) "Qualifying local tax" means the following tax sources, if
17 the tax source is instated no later than twelve months after the
18 effective date of this section:
19 (i) The affordable housing levy authorized under RCW 84.52.105;
p. 1 SHB 1406.SL
95
1 (ii) The sales and use tax for housing and related services
2 authorized under RCW 82.14.530, provided the city has imposed the tax
3 at a minimum or at least half of the authorized rate;
4 (iii) The sales tax for chemical dependency and mental health
5 treatment services or therapeutic courts authorized under RCW
6 82.14.460 imposed by a city; and
7 (iv) The levy authorized under RCW 84.55.050, if used solely for
8 affordable housing.
9 (2)(a) A county or city legislative authority may authorize, fix,
10 and impose a sales and use tax in accordance with the terms of this
11 section.
12 (b) The tax under this section is assessed on the selling price
13 in the case of a sales tax, or value of the article used, in the case
14 of a use tax.
15 (c) The rate of the tax under this section for an individual
16 participating city and an individual participating county may not
17 exceed:
18 (i) Beginning on the effective date of this section until twelve
19 months after the effective date of this section:
20 (A) 0.0073 percent for a:
21 (I) Participating city, unless the participating city levies a
22 qualifying local tax; and
23 (II) Participating county, within the limits of nonparticipating
24 cities within the county and within participating cities that do not
25 currently levy a qualifying tax;
26 (B) 0.0146 percent for a:
27 (I) Participating city that currently levies a qualifying local
28 tax;
29 (II) Participating city if the county in which it is located
30 declares they will not levy the sales and use tax authorized under
31 this section or does not adopt a resolution in accordance with this
32 section; and
33 (III) Participating county within the unincorporated areas of the
34 county and any city that declares they will not levy the sales and
35 use tax authorized under this section or does not adopt a resolution
36 in accordance with this section;
37 (ii) Beginning twelve months after the effective date of this
38 section:
39 (A) 0.0073 percent for a:
p. 2 SHB 1406.SL
96
1 (I) Participating city that is located within a participating
2 county if the participating city is not levying a qualifying local
3 tax; and
4 (II) Participating county, within the limits of a participating
5 city if the participating city is not levying a qualifying local tax;
6 (B) 0.0146 percent within the limits of a:
7 (I) Participating city that is levying a qualifying local tax;
8 and
9 (II) Participating county within the unincorporated area of the
10 county and within the limits of any nonparticipating city that is
11 located within the county.
12 (d) A county may not levy the tax authorized under this section
13 within the limits of a participating city that levies a qualifying
14 local tax.
15 (e)(i) In order for a county or city legislative authority to
16 impose the tax under this section, the authority must adopt:
17 (A) A resolution of intent to adopt legislation to authorize the
18 maximum capacity of the tax in this section within six months of the
19 date in which this section takes effect; and
20 (B) Legislation to authorize the maximum capacity of the tax in
21 this section within one year of the date on which this section takes
22 effect.
23 (ii) Adoption of the resolution of intent and legislation
24 requires simple majority approval of the enacting legislative
25 authority.
26 (iii) If a county or city has not adopted a resolution of intent
27 in accordance with the terms of this section, the county or city may
28 not authorize, fix, and impose the tax.
29 (3) The tax imposed under this section must be deducted from the
30 amount of tax otherwise required to be collected or paid to the
31 department of revenue under chapter 82.08 or 82.12 RCW. The
32 department must perform the collection of such taxes on behalf of the
33 county or city at no cost to the county or city.
34 (4) By December 31, 2019, or within thirty days of a county or
35 city authorizing the tax under this section, whichever is later, the
36 department must calculate the maximum amount of tax distributions for
37 each county and city authorizing the tax under this section as
38 follows:
39 (a) The maximum amount for a participating county equals the
40 taxable retail sales within the county in state fiscal year 2019
p. 3
SHB 1406.SL
97
1 multiplied by the tax rate imposed under this section. If a county
2 imposes a tax authorized under this section after a city located in
3 that county has imposed the tax, the taxable retail sales within the
4 city in state fiscal year 2019 must be subtracted from the taxable
5 retail sales within the county for the calculation of the maximum
6 amount; and
7 (b) The maximum amount for a city equals the taxable retail sales
8 within the city in state fiscal year 2019 multiplied by the tax rate
9 imposed under subsection (1) of this section.
10 (5) The tax must cease to be distributed to a county or city for
11 the remainder of any fiscal year in which the amount of tax exceeds
12 the maximum amount in subsection (4) of this section. The department
13 must remit any annual tax revenues above the maximum to the state
14 treasurer for deposit in the general fund. Distributions to a county
15 or city meeting the maximum amount must resume at the beginning of
16 the next fiscal year.
17 (6)(a) If a county has a population greater than four hundred
18 thousand or a city has a population greater than one hundred
19 thousand, the moneys collected or bonds issued under this section may
20 only be used for the following purposes:
21 (i) Acquiring, rehabilitating, or constructing affordable
22 housing, which may include new units of affordable housing within an
23 existing structure or facilities providing supportive housing
24 services under RCW 71.24.385; or
25 (ii) Funding the operations and maintenance costs of new units of
26 affordable or supportive housing.
27 (b) If a county has a population of four hundred thousand or less
28 or a city has a population of one hundred thousand or less, the
29 moneys collected under this section may only be used for the purposes
30 provided in (a) of this subsection or for providing rental assistance
31 to tenants.
32 (7) The housing and services provided pursuant to subsection (6)
33 of this section may only be provided to persons whose income is at or
34 below sixty percent of the median income of the county or city
35 imposing the tax.
36 (8) In determining the use of funds under subsection (6) of this
37 section, a county or city must consider the income of the individuals
38 and families to be served, the leveraging of the resources made
39 available under this section, and the housing needs within the
40 jurisdiction of the taxing authority.
p. 4 SHB 1406.SL
98
1 (9) To carry out the purposes of this section including, but not
2 limited to, financing loans or grants to nonprofit organizations or
3 public housing authorities, the legislative authority of the county
4 or city imposing the tax has the authority to issue general
5 obligation or revenue bonds within the limitations now or hereafter
6 prescribed by the laws of this state, and may use, and is authorized
7 to pledge, the moneys collected under this section for repayment of
8 such bonds.
9 (10) A county or city may enter into an interlocal agreement with
10 one or more counties, cities, or public housing authorities in
11 accordance with chapter 39.34 RCW. The agreement may include, but is
12 not limited to, pooling the tax receipts received under this section,
13 pledging those taxes to bonds issued by one or more parties to the
14 agreement, and allocating the proceeds of the taxes levied or the
15 bonds issued in accordance with such interlocal agreement and this
16 section.
17 (11) Counties and cities imposing the tax under this section must
18 report annually to the department of commerce on the collection and
19 use of the revenue. The department of commerce must adopt rules
20 prescribing content of such reports. By December 1, 2019, and
21 annually thereafter, and in compliance with RCW 43.01.036, the
22 department of commerce must submit a report annually to the
23 appropriate legislative committees with regard to such uses.
24 (12) The tax imposed by a county or city under this section
25 expires twenty years after the date on which the tax is first
26 imposed.
Passed by the House April 28, 2019.
Passed by the Senate April 28, 2019.
Approved by the Governor May 9, 2019.
Filed in Office of Secretary of State May 13, 2019.
--- END ---
p. 5
SHB 1406.SL
99
100
Don't miss out on up to 20 years of shared
revenue for affordable housing
In the 2019 legislative session, the state approved a
local revenue sharing program for local governments
by providing up to a 0.0146% local sales and use
tax credited against the state sales tax for housing
investments, available in increments of 0.0073%,
depending on the imposition of other local taxes and
whether your county also takes advantage. The tax
credit is in place for up to 20 years and can be used for
acquiring, rehabilitating, or constructing affordable
housing; operations and maintenance of new affordable
or supportive housing facilities; and, for smaller cities,
rental assistance. The funding must be spent on projects
that serve persons whose income is at or below sixty
percent of the area median income. Cities can also issue
bonds to finance the authorized projects.
This local sales tax authority is a credit against the state
sales tax, so it does not increase the sales tax for the
consumer.There are tight timelines that must be met to
access this funding source — the first is January 31, 2020
to pass a resolution of intent.The tax ordinance must
then be adopted by July 27, 2020 to qualify for a credit.
The following information is intended to assist your city
in evaluating its options and timelines. It is not intended
as legal advice. Check with your city's legal counsel and/
or bond counsel for specific questions on project uses
and deadlines for implementation.
Eligibility to receive shared revenues
The state is splitting the shared resources between
cities and counties. However, cities can receive both
shares if they have adopted a "qualifying local tax"
by July 31, 2020. Qualifying taxes are detailed below.
Cities who are levying a "qualifying local tax" by July
28, 2019, the effective date of the new law, will receive
both shares immediately once they impose the new
sales tax credit.
If a city does not implement a qualifying local tax by
the deadline, they can still participate in the program if
they meet the other deadlines but will be eligible for a
lower credit rate.
A city can adopt the sales tax credit before designating
how the funds will be used once collected.
Qualifying local taxes
The following are considered "qualifying local taxes"and,
if levied, give the city access to both shares of the tax
credit (i.e. 0.0146% rate instead of the single share rate of
0.0073%):
Affordable housing levy (property tax) under
RCW 84.52.105
Sales and use tax for housing and related services
under RCW 82.14.530. The city must have adopted at
least half of the authorized maximum rate of 0.001 %.
Sales tax for chemical dependency and mental health
(optional .1 MIDD) under RCW 82.14.460
Levy (property tax) authorized under RCW 84.55.050, if
used solely for affordable housing
Think of the"qualifying local tax"as a multiplier or
"doubler" It gives the city access to double the tax credit
even when the county chooses to participate in the
program.
nnaart°"! is l Ua;d
lative I?oliky Analyst
ham nonm awc 'et orcg
ASSOCIATION
OF Y/ASHINGTON
CiTiES
101
102
103
104
r
Tax credit rate examples
:�r,6dlt,rate qualifying
Without
011deritIB local tax qualifying
�*'1`^'r
`��
participate
city doesn't
levy a tax
credit,county does
�
County doesn't
,
participate, city ,
i
*We believe that this was an error mbill drafting. Please let mknow ifyouare m
this situation. wmcan work maddress xmfuture legislative sessions.
Eligible uses mfthe funds:
1.Projects must serve those ato/below 6O96Ak4i
2.Acquiring, rehabilitating, orconstructing affordable
housing, which may include new units ofaffordable
housing within anexisting structure orfacilities providing
supportive housing services. |naddition toinvesting in
traditional subsidized housing projects, this authority could
potentially beused toprovide for land acquisition, down
payment assistance, and home repair solong asrecipients
meet the income guidelines.
3.Funding the operations and maintenance costs ofnew units
ofaffordable nrsupportive housing.
4.For cities with apopulation under lOO,0OO,the funds can
also beused for rental assistance totenants.
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Frequently asked questions:
}. This program sounds very familiar. Didn't alocal option,
affordable housing sales tax law pass afew years
ago? Yes, but the new law has important differences. The
Legislature passed H8220]in2Ol5that authorized cities and
towns to levy up to a 0.1 % sales tax for affordable housing —
but, importantly, only aftervoter approval. Thbsalestamlev
isconsidered a"qualifying local tax" under H8l40hAnother
important distinction isthat the affordable housing sales tax
from Z0l5isanadditional tax onthe consumer, and not a
credit onanexisting state -imposed tax.
2.0um/ehave tmlevy a"qualifying local tax"to
participate? No. Your city is still eligible toparticipate inthe
program, but your tax credit rate will depend onwhether
the county participates inthe program. See 7oxcmo0tnz<e
examples chart tuthe left.
3.Dnweonly have access tothe program ifthe county
declines toparticipate? No. Acity can participate, and
receive funds, even iythe county participates. Unfortunately,
ifyour city does not impose a"qualifying local tax" bythe
deadline and your county declines toparticipate, then you
will not have access tofunds after the first year, due toa
drafting error inthe bill. We don't anticipate this scenario
tooccur, but please let usknow ifyou find yourself inthat
situation. Wewill work with the Legislature toaddress itifthis
proves problematic. }nall cases you must meet the program
deadlines toparticipate. See Deadlines topo/ticjpm&e.
4.Does itmake adifference at all Afour county
participates? Only ifyou have not adopted a"qualifying
local tax." |fyou have adopted a"qualifying local tax^you
can access the higher credit rate regardless ofcounty
participation. |fyou don't have a"qualifying local tax" then
you can only access the higher rate ifthe county does not
participate.
5.How is"rental assistance" defined? Does that include
rent vouchers? The term "rental assistance^isnot defined
inthe chapter OZ.74RCW;however, both federal and
state housing programs use the term "rental assistance^to
mean providing rent, security deposits, orutility payment
assistance tntenants.
6. Can mepool our revenue with another entity? Can
weissue bonds mruse the money torepay bonds?
Yes! Cities can enter into anintedoca|agreement with
other local governments nrapublic housing authority
topool tax receipts, pledge tax collections tobonds,
allocating collected taxes toauthorized affordable housing
expenditures, orother agreements authorized under
chapter 3g34R[VKCities may also use the tax credit
revenue toissue orrepay bonds inorder tocarry out the
projects authorized under the new law.
7.yythe amount mftax credit wereceive limited only 6y the
amount mfsales tax collected per year? No. The maximum
amount will bebased onstate fiscal year 2Ol0sales.
8' Does the tax credit program expire? Yes, the tax expires
Z0years after the date onwhich the tax isfirst levied.
ASSOCIATION
OF WASHINGTON
105
106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, DECLARING THE INTENT
OF THE CITY TO ADOPT LEGISLATION TO AUTHORIZE
A SALES AND USE TAX FOR AFFORDABLE AND
SUPPORTIVE HOUSING IN ACCORDANCE WITH
SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS
OF 2019), AND OTHER MATTERS RELATED THERETO.
WHEREAS, in the 2019 Regular Session, the Washington State Legislature
approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of
2019) ("SHB 1406"); and
WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose
a local sales and use tax for the acquisition, construction or rehabilitation of affordable
housing or facilities providing supportive housing, for the operations and maintenance
costs of affordable or supportive housing, or (in cities with a population of 100,000 or less)
for providing rental assistance to tenants; and
WHEREAS, the tax will be credited against state sales taxes collected within the City
of Tukwila and, therefore, will not result in higher sales and use taxes within the City of
Tukwila and will represent an additional source of funding to address housing needs in
the City of Tukwila; and
WHEREAS, the tax must be used to assist persons whose income is at or below 60
percent of the City median income; and
WHEREAS, the City has determined that imposing the sales and use tax to address
this need will benefit its citizens; and
WHEREAS, in order for a city or county to impose the tax, within 6 months of the
effective date of SHB 1406, or January 28, 2020, the governing body must adopt a
resolution of intent to authorize the maximum capacity of the tax, and within 12 months
of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize
the maximum capacity of the tax; and
W:\Legislative Development\Sales and use tax for affordable housing-HB 1406 8-14-19
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WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406;
and
WHEREAS, the Tukwila City Council desires to declare its intent to impose a local
sales and use tax as authorized by SHB 1406 as set forth herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution of Intent. The City Council declares its intent to adopt
legislation to authorize the maximum capacity of the sales and use tax authorized by SHB
1406 within one year of the effective date of SHB 1406, or by July 28, 2020.
Section 2. Further Authority; Ratification. All City officials, their agents, and
representatives are hereby authorized and directed to undertake all action necessary or
desirable from time to time to carry out the terms of, and complete the actions
contemplated by, this resolution. All acts taken pursuant to the authority of this resolution
but prior to its effective date are hereby ratified.
Section 3. Effective Date. This resolution shall take effect immediately upon its
passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel B. Turpin, City Attorney
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING THE MAXIMUM
CAPACITY OF A LOCAL SALES AND USE TAX TO FUND
INVESTMENTS IN AFFORDABLE AND SUPPORTIVE
HOUSING, TO BE CODIFIED AT CHAPTER 3.14 OF THE
TUKWILA MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's Comprehensive Plan states that almost half of City residents are
burdened by housing costs, paying more than 30% of their income for housing; and
WHEREAS, Goal 3.2 of Tukwila's Comprehensive Plan is that the City of Tukwila has
safe, healthy, and affordable homes for all residents; and
WHEREAS, Goal 3.3 of Tukwila's Comprehensive Plan is that the City of Tukwila
supports and collaborates with other jurisdictions and organizations to assess housing
needs, coordinate funding, and preserve and create affordable housing opportunities; and
WHEREAS, an implementation strategy in Tukwila's Comprehensive Plan is to support
and encourage legislation at the county, state, and federal levels that promotes affordable
housing goals; and
WHEREAS, the Tukwila City Council, in accordance with Washington State
Legislature Chapter 338, Laws of 2019, has adopted a resolution of intent to adopt
legislation to authorize the maximum capacity of a sales and use tax within six months of
the effective date of Chapter 338, Laws of 2019; and
WHEREAS, the City of Tukwila intends to impose the maximum local sales and use
tax authorized under Chapter 338, Laws of 2019 within one year of the date on which
said law takes effect; and
WHEREAS, the Department of Revenue requires 30 days' notice of adoption of sales
tax credits and the credit will then take effect on the first day of the month following the
30-day period; and
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WHEREAS, the local sales and use tax will be credited against the state sales and
use tax so that the total tax paid by the consumer will not increase; and
WHEREAS, the local sales and use tax revenue shall be spent on acquiring,
rehabilitating, constructing affordable housing or supportive housing, or rental assistance
and other related expenditures as authorized by Chapter 338, Laws of 2019; and
WHEREAS, Chapter 338, Laws of 2019 authorizes the City of Tukwila to issue
general obligation or revenue bonds to carry out the purposes of the legislation and to
pledge the revenue collected by the local sales and use tax to repay the bonds; and
WHEREAS, in 2019 the cities of Auburn, Burien, Covington, Des Moines, Federal
Way, Kent, Normandy Park, Renton, Tukwila and King County entered into an Interlocal
Agreement that formed the South King Housing and Homelessness Partners (SKHPP);
and
WHEREAS, the Executive Board of SKHHP is considering cooperative action and
pooling public and private resources to address affordable housing needs in South King
County; however, no decisions have been made at this time; and
WHEREAS, the City has determined it is in the best interest of the City and its residents
to begin implementation of the tax and then later determine the process for the distribution
of the funds collected by a resolution of the Tukwila City Council to meet the requirements
of Chapter 338, Laws of 2019;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 3.14 of the Tukwila Municipal Code Established. A chapter
of the Tukwila Municipal Code entitled "Sales and Use Tax for Affordable Housing," to be
codified as Tukwila Municipal Code (TMC) Chapter 3.14, is hereby established to read as
follows:
CHAPTER 3.14
SALES AND USE TAX FOR AFFORDABLE HOUSING
Sections:
3.14.010
3.14.020
3.14.030
Imposition of Sales and Use Tax for Affordable Housing
Purpose of Tax
Administration and Collection — Statutory Compliance
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Section 2. Regulations Established. TMC Section 3.14.010, "Imposition of Sales
and Use Tax for Affordable Housing," is hereby established to read as follows:
3.14.010 Imposition of Sales and Use Tax for Affordable Housing
A. There is imposed a sales and use tax as authorized by Washington State
Legislature Chapter 338, Laws of 2019, which shall be codified in Chapter 82.14 RCW,
upon every taxable event, as defined in Chapter 82.14 RCW, occurring within the City of
Tukwila. The tax shall be imposed upon and collected from those persons from whom
the State sales tax or use tax is collected pursuant to Chapter 82.08 and 82.12 RCW.
B. The rate of the tax imposed by TMC Section 3.14.010 shall be 0.0073 percent of
the selling price or value of the article used.
C. The tax imposed under TMC Section 3.14.010 shall be deducted from the
amount of tax otherwise required to be collected or paid to the Department of Revenue
under Chapter 82.08 or 82.12 RCW. The Department of Revenue will perform the
collection of such taxes on behalf of the City of Tukwila at no cost to the City.
D. The Department of Revenue will calculate the maximum amount of tax
distributions for the City of Tukwila based on the taxable retail sales in the City in State
Fiscal Year 2019, and the tax imposed under TMC Section 3.14.010 will cease to be
distributed to the City of Tukwila for the remainder of any State Fiscal Year in which the
amount of tax exceeds the maximum amount of tax distributions for the City as properly
calculated by the Department of Revenue. Distributions to the City of Tukwila that have
ceased during a State Fiscal Year shall resume at the beginning of the next State Fiscal
Year.
Section 3. Regulations Established. TMC Section 3.14.020, "Purpose of Tax," is
hereby established to read as follows:
3.14.020 Purpose of Tax
A. The City may use the moneys collected by the tax imposed under TMC Section
3.14.010 or bonds issued only for the following purposes:
1. Acquiring, rehabilitating, or constructing affordable housing, which may
include new units of affordable housing within an existing structure or facilities providing
supportive housing services under RCW 71.24.385; and
2. Providing the operations and maintenance costs of new units of affordable
or supportive housing; and
3. Providing rental assistance to tenants.
B. The housing and services provided under TMC Section 3.14.020 may only be
provided to persons whose income is at or below 60 percent of the median income of the
City.
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111
C. In determining the use of funds under TMC Section 3.14.020, the City must
consider the income of the individuals and families to be served, the leveraging of the
resources made available under TMC Section 3.14.010, and the housing needs within
the City.
D. The Finance Director must report annually to the Washington State Department
of Commerce, in accordance with the Department's rules, on the collection and use of the
revenue from the tax imposed under TMC Section 3.14.010.
E. The tax imposed by the City under TMC Section 3.14.010 will expire 20 years
after the date on which the tax is first imposed. The Finance Director shall provide notice
to the City Council and the Mayor of the expiration date of the tax each year beginning
three years before the expiration date, and shall also promptly notify the City Council and
the Mayor of any changes to the expiration date.
Section 4. Regulations Established. TMC Section 3.14.030, "Administration and
Collection — Statutory Compliance," is hereby established to read as follows:
3.14.030 Administration and Collection — Statutory Compliance
The administration and collection of the tax imposed by Chapter 3.14 shall be in
accordance with the provisions of Washington State Legislature Chapter 338, Laws of
2019, which shall be codified in Chapter 82.14 RCW.
Section 5. The Finance Director is authorized to provide any necessary notice to the
Department of Revenue to effectuate the tax enacted by this ordinance and to execute,
for and on behalf of the City of Tukwila, any necessary agreement with the Department
of Revenue for the collection and administration of the tax enacted by this ordinance.
Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 7. 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 8. 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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 5 of 5
113
114
City of Tukwila
City Council Community Development & Neighborhoods Committee
COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE
Meeting Minutes
August 27, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Verna Seal
Staff: David Cline, Minnie Dhaliwal, Jack Pace, Derek Speck, Craig Zellerhoff, Rick
Still, Warren Orr, Laurel Humphrey, Meredith Sampson
Guest: Patience Malaba, Housing Development Consortium
CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
Consensus existed to postpone item C, Board and Commission Appointment Process, until the next
meeting.
A. Lodging Tax Applications
Staff is seeking Council approval of two applications from the City of Tukwila for lodging tax
funds: $5,000 for the Seattle Sports Commission's 2020 Region Ready Conference and
$10,000 for an International Food Truck Rally 2.0. Funds will be sued for sponsorship of
these events and received approval of the Lodging Tax Advisory Committee. UNANIMOUS
APPROVAL. FORWARD TO SEPTEMBER 3, 2019 REGULAR CONSENT AGENDA.
B. Ordinance & Resolution: House Bill 1406
Staff is seeking Council approval of legislation that will authorize retention of a portion of
sales tax revenue to be used toward local investments in affordable housing, pursuant to
House Bill 1406 approved in the 2019 legislative session. HB 1406 provides local
governments a mechanism to address affordable housing serving those at or below 60% of
area median income, with revenue available for: acquiring, rehabilitating or constructing
affordable housing, operations and maintenance of new or supportive housing, or rental
assistance for tenants. To begin collecting the revenue, the City Council must pass a
resolution of intent, adopt an ordinance, and notify the Department of Revenue. Tukwila's
expected revenue without a qualifying tax is $162,046, and approximately $324,093 with a
qualifying tax (i.e. affordable housing levy, sales and use tax for housing and related
services, sales tax for chemical dependency and mental health). The legislation prepared
by staff will allow the City to move forward with the process and does not presume any
decisions about the use of the funds. Councilmember Seal noted that she serves on the
South King Housing & Homelessness Partners Executive Board, and discussions there are
focused on the member cities pooling their HB 1406 revenues toward collective solutions.
115
Community Development & Neighborhoods Minutes August 27, 2019
Committee members asked clarifying questions. Chair Quinn spoke in support of moving
forward with the legislation and of considering the pooling of funds to maximize the impact.
Committee members discussed that they are not interested in moving forward with an
additional qualifying tax but would like to learn more about the impacts and opportunities
of HB 1406. Staff will return to the Committee of the Whole discussion with additional
information about available tools. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 9,
2019 COMMITTEE OF THE WHOLE.
C. Foster Golf Links
Golf Cart Purchase
Staff is seeking Council approval of a one-time purchase in the amount of $49,980 for the
golf cart replacement program. Funds will be used to purchase 12 new EZ-GO TXT EFI carts,
trading in 15 of the oldest carts. This will reduce downtime associated with service and
repairs. Funds are included in the 2019-2020 budget at $25,000 per year. UNANIMOUS
APPROVAL. FORWARD TO SEPTEMBER 3, 2019 REGULAR CONSENT AGENDA.
Marketing
Staff provided an overview of the marketing plan for Foster Golf Links, which has been in
effect for around four years and has recently evolved to include the principle of focusing on
the "why." Recent efforts include revising the Foster Golf Links website with better graphics
and improved usability, development of a tournament brochure, and increased social
media engagement. Rounds are up 60% compared to last year, and staff believes these
marketing enhancements are primarily responsible. DISCUSSION ONLY.
III. MISCELLANEOUS
Committee members and staff discussed the 2019 Analysis of Impediments to Fair Housing
Choice, which is an effort in King County to identify barriers to fair housing as identified by
community and stakeholder input, data, and policy analysis. The City's Human Services
Department has experienced a notable improvement in relations between tenants and property
management.
Adjourned 6:22 p.m.
Committee Chair Approval
116
COUNCIL AGENDA SYNOPSIS
-Ina - - - -------------- --- - -
Aleefiq Date
Prepared by
Mayor's reriew
Collard review
09/09/19
VM
, 1 ,11-1 (
09/16/19
VM
ITEM INFORMATION
ITEM No.
ST 117U SPONSOR: VICTOR MASTERS
OR1GIN'J AG END 1 D VE1..: 09/09/19
Aci,ND \ Ill Ai TITLIt
Proposed TMC 8.06.050 Exposing
a Minor to
Domestic Violence
09/09/19
ri motion
,1 fig D eth
L Resolution
ilt I ty, Date
E Bid /1)2)ard
;1(1.g Dale
El alliel-
.Alig Date
C 1'11:GORY 10.41 D ISCHSJI011
Fa Ordinance
Pada. 1 Tearing
Mts Date
21 t4 Dale 09/16/19
AIM ale
- ,,, D
SP ONSOR Council Livia) or I IR LDCL D.Iietemae Vare ETS
P&R Foll
Pam, PIP" C:onnt
SP oNsole s Propsed TMC.
SUMMARY make it a gross
child(s). Witnessing
that this ordinance
the ordinance.
8.06.050
misdemeanor
Exposig a Minor to Domestic Violence is an ordinance proposed to
to commit the act of domestic violence in the presence of a
violence creates lasting, psychological impacts on children
to address. The Council is being asked to consider and approve
domestic
seeks
RA vIr\vid) By
E1 C.O.W.
Mtg. I CDN COMM
Infrastructure rl .,.,,, rts Comm.
E Finance
Comm,
Comm.
CI I.
0741 Public Safety COMM,
El Planning Comm.
\ IR ROBERTSON
Trans
Parks
DATE: 09/03/19
COMMITTEE
RECOMMENDATIONS:
sPoNsoR/ADmiN.
CMIMITI1°,1',
POLICE
Unanimous Approval; Forward to Consent Agenda
COST IMPACT 1 FUND SOURCE
EXPEND] RIM , Ri:.c...2i laid) AMOUNT
so
APPROPRIATION REQUIRED
so
BUDGETED
so
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL A TION
09/09/19
09/16/19
MTG. DATE
ATTACHMENTS
09/09/19
Informational Memorandum dated 8/ 28/19
Ordinance in Draft Form
Minutes from the 9/3 PS Committee Meeting
09/19/19
117
118
TO:
FROM:
BY:
City of Tukwila
Allan Ek erg, Mayor
INFORMATIONAL MEMORANDUM
Public Safety Committee
Bruce Linton, Chief of Police
Victor Masters, Police Officer #222
CC: Mayor Ekberg
DATE: 08/27/2019
SUBJECT: Proposed TMC 8.06.050
ISSUE
Tukwila officers routinely respond to acts of domestic violence that occur in the presence of
children under the age of 18. Witnessing such acts can have lifelong psychological impacts on
children. The City of Tukwila does not currently have an ordinance that relates to exposing
children to domestic violence. The proposed ordinance would seek to make it a gross
misdemeanor to commit an act of domestic violence in the immediate presence of, or is
witnessed or heard by, the person's or the victim's minor child, minor stepchild, or a minor child
residing within the household of the person or victim,
BACKGROUND
More than 10 million men and women are victims of domestic violence by an intimate partner
each year. 1 in 15 children are exposed to this domestic violence and upwards of 60% of those
children are also likely to suffer abuse and or neglect. During the course of domestic violence
investigations, Tukwila officers and detectives often discover that children were present during
the act of violence. Their presence and witnessing these acts of violence can lead to lifelong
psychological issues such as anxiety, depression, post -traumatic stress disorder (PTSD) and
other psychological issues. Even if a child is not physically abused during the commission of an
act of domestic violence, they are still a victim of domestic violence, The cities of Issaquah,
Federal Way, Lakewood and Puyallup have all adopted similar ordinances that make it a crime
to commit domestic violence in the presence of children. These ordinances give prosecutors an
additional charge to pursue against those arrested on charges of domestic violence when said
violence was committed in the presence of children, It also sends a strong and clear message
that committing an act of domestic violence in front of children will not be tolerated will be a
criminal offense in and of itself.
DISCUSSION
Open discussion on the topic of exposing a child to domestic violence.
FINANCIAL IMPACT
No additional funding is needed to implement and enforce the proposed ordinance.
RECOMMENDATION
The Council is being asked to approve the proposed ordinance TMC.8.06.050 and consider this
item at the September 9, 2019 Committee of the Whole meeting and subsequent September 16,
2019 Regular Meeting,
ATTACHMENTS
Draft Ordinance
119
120
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKVVILA, WASHINGTON, ADOPTING A NEW SECTION
OF THE TUKWILA MUNICIPAL CODE TO ESTABLISH
PENALTIES FOR THE CRIME OF EXPOSING MINOR
CHILDREN TO DOMESTIC VIOLENCE, TO BE CODIFIED
AS TUKWILA MUNICIPAL CODE SECTION 8.06.050;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tukwila recognizes that domestic
violence incidents conimifted in the iaresence of minor children can result in not only risk
to the children but life-long adverse psychological and other adverse impacts on those
children; and
WHEREAS, the City Council seeks to send a message that the City of Tukwila does
not tolerate domestic violence, especially domestic violence committed in the presence
of minor children; and
WHEREAS, the City Council seeks to reduce the impact of domestic violence
incidents on all victims and witnesses, including minor children who are present when
an iricident occurs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Tukwila Municipal Code Section 8.06.050 Established. A new
section of the Tukwila Municipal Code entitled, "Exposing Minor Children to Domestic
Violence," is hereby established to read as follows:
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8.06.050
A. A person commits the crime of exposing children to domestic violence when he
or she:
1. Commits a crime against a family or household member, as defined in
ROW 10.99,020; and
2, The crime is committed in the immediate presence of, or is witnessed or
heard by, the person's or the victim's minor child, minor stepchild, or a minor child
residing withiri the household of the person or victim.
3. For the purposes of this section, "minor' shall mean under 18 years of age
on the date of the violation.
B. Exposing children to domestic violence is a gross misdemeanor. Any person
convicted of this crime shall be punished by imprisonment of not less than 30 days.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation,
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy °Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number.
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Public Safety Committee Minutes August 19, 2019
C. Ordinance: Exposing Minor Children to Domestic Violence
Staff is seeking Council approval of an ordinance that would add a new section to the Tukwila
Municipal. Code to establish penalties for the crime of exposing minor children to domestic
violence. The proposal would make this act a gross misdemeanor, and conviction would result
in imprisonment of at least 30 days. Similar ordinances were adopted in Issaquah, Federal Way,
Lakewood and Puyallup and give prosecutors an additional charge to pursue when children are
present during the violence incident. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 9,
2019 COMMITTEE OF THE WHOLE,
111. MISCELLANEOUS
Adjourned 6:36 p.m.
.1)
Committee Chair Approval
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124
Upcoming Meetings and Events
September 2019
SEP 9 MONDAY
SEP 10 TUESDAY
SEP 11 WEDNESDAY
SEP 12 THURSDAY
SEP13 FRIDAY
SEP 14 SATURDAY
r Civil Service
Commission
5:00 PM
Human Resources
Conference Room
. Finance
Committee
5:30 PM
Hazelnut
Conference Room
City Council
Committee of the
Whole Meeting
7:00 PM
Council Chambers
. Community
Development &
Neighborhoods
Committee
530 PM
Hazelnut
Conference Room
r Tukwila
International
Boulevard Action
Committee
7:00 PM
Valley View Sewer
District
3460 S 148th
. Park Commission
5:30 PM
Community Center
Public Meeting
On -site public
information meeting
on final subdivision
approval for Phase II
of the Osterly Park
Townhomes.
5:30 PM — 6:30 PM
14426 34thAve S
For more information,
call Jaimie Reavis at
206-431-3659.
farrnittrs
marl'Cet
Hosted by Food
Innovation Network.
* See information
below. *
. Community
Oriented Policing
Citizens Advisory
Board
6:30 PM
Duwamish
Conference Room
.
TUK 1 A
Tukwila Park
Work Party for
Day of Caring Event
Volunteer sign-up
is full.
15832 51PL Ave S
SEP 16 MONDAY
SEP 17 TUESDAY
SEP 18 WEDNESDAY
SEP 19 THURSDAY
SEP 20 FRIDAY
SEP 21 SATURDAY
r Public Safety
Committee
5:30 PM
Hazelnut
Conference Room
r City Council
Regular MeetingWastemobile
700 PM
Council Chambers
. Transportation &
Infrastructure
Committee
5:30 PM
Hazelnut
Conference Room
farrArs-
mar .,-C..et
Hosted by Food
Innovation Network.
Wednesdays
(July 17 — Oct 16)
4:00 PM-7:00 PM
Tukwila Village Plaza
14350 Tukwila
International Blvd
*
FREE household
hazardous wastes
collection The
traveling
provides household
hazardous waste
collection services
within many
communities in King
County
September 20-22
-
TUK ILA
Duwamish Hill
Preserve Work Party
For more
information and to
sign up to volunteer,
email
volunteer@forterra.org.
10:00 AM — 1:00 PM
3800 S 115th St
AcTiom TUKWILA
7:00
Valley View Sewer
District
3460 S 148th St
www actontukvvila org
UMXII
Iii§foiie.A.L ,
SOC1E'ry
7:00 PM
Tukwila Heritage &
Cultural Center
14475 59P Ave S
1000 am — 500 pm
SEP 22 SUNDAY
14300 lst Ave S
Burien
For more
information, visit
www.guiltfreekc.org/
locations/?g=98188.
. .,
„
_,. .
:,;`: ,,,
,A1 •
Join your fellow
Sounders FC fans!
The Rave Green
Run is organized in
partnership with City
of Tukwila and
Starfire Sports.
800 AM — 1200 PM
Start and finish at
the corner of Baker
Blvd and
Christensen Rd
For more information
and to register, visit
vvww.ravegreenrun.org/
race-info.html.
. Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conference Room. Contact Michelle Godyn at 206-431-2187.
Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at
206-433-8993. (2A) Boards and Commissions appointments. (28) Ordinances updating the Critical Areas code,
COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Perlman at
206-431-2197.
Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. (2A) 2019 2^d Quarter Sales
Tax and Miscellaneous Revenue Report. (2B) July 2019 Departmental Budget-to-Actuals Report. (2C) Update on Priority Based Budgeting and
performance measures.
Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332.
. Public Safety Committee: 1st & 3rd Mon., 530 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
Transportation and Infrastructure Committee: 1st 8, 3rd Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-43 -8993.
Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Louise Jones -Brown at
206-244-4478.
125
126
Tentative Agenda Schedule
MONTH
MEETING 1 -
REGULAR
MEETING 2 -
C.O.W.
MEETING 3 -
REGULAR
MEETING 4 -
C.O.W.
September
3 (TUESDAY)
9
See agenda packet
cover sheet for this
week's agenda:
September 9, 2019
Committee of the
Whole Meeting
16
Special Presentations
23
Special Issues
A briefing on Sound Transit
Paid Permit Parking
Consent Agenda
An update on
accessory dwelling
units (ADUs).
- Authorize purchase of a
replacement vehicle for the
Fire Marshal in the amount of
$64,817.24.
- Authorize Mayor to sign a
funding agreement with State
Recreation and Conservation
Office for the Chinook Wind
project for $314,000 (with
$157,200 from City match).
- Accept as complete the S
140th St Intersection
Improvements / S 141'' St
Rectangular Rapid Flashing
Beacon Pedestrian
Crossings for $220,948.
- Award a bid and authorize
Mayor to sign a contract with
Nordvind Company for the
S 196h / 200(h St Bridge
Repair project for $320,400
to include contingency,
Unfinished Business
- A resolution declaring the
intent of the City to adopt
legislation to authorize a
sales and use tax for
affordable and supportive
housing in accordance with
Substitute House Bill 1406.
- An ordinance authorizing a
maximum capacity of local
sales and use tax to fund
investments in affordable and
supportive housing to be
codified at TMC Chapter
3.14.
- A resolution repealing
Res #1935 and adopting a
revised Fire Department
fee schedule.
- Authorize Mayor to sign
Interlocal Agreement with the
King County Fire Chiefs
Association for Regional
Automatic Aid,
- Authorize Mayor to sign an
Interlocal Joint Purchasing
Agreement with City of
Bellevue for job order
contracting.
- An ordinance adopting a new
section of the TMC to
establish penalties for the
crime of exposing minor
children to domestic violence
to be codified as TMC
Section 8.06.050.
October
7
Appointments
14
21
28
- A proclamation
recognizing October
2019 as "Domestic
Violence Awareness
Month.'
- Appointments to
Arts Commission,
Library Advisory
Board and Park
Commission.