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HomeMy WebLinkAboutCOW 2019-09-09 COMPLETE AGENDA PACKETTukwila City Council Agenda (9LA %V- ❖ 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 mm �.\ 13.G()R1` ►i D15'G'Lt.Pd"tall 09/09/19 7 iotwn Date 09/16/19 ®I Lola/son :111g Drite E Ordinance AN Date ® Bzd /lwaird AN Date ❑ Pubearit7 'Its Date ® Other 1{tg Date \itg Date AItg Malor n FIR DCD D inanrce ❑I Fire f TS DP&I . [ �C oazrt 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. C W k•ra UNI alarm gi tx rtitjn hhocutosAvir FBNIT 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((÷ 9 ,..) —, a.-N--x..— .,_ —,.u-r,-- .,..-,,, 10 (�) mt :,t(x.. lan�J'�yJ ...,J, r tjS0 s i -s, iax Txie 11 Ev-,J 2 . c vol�Ly. 12 I. ✓t xac transit , c,....,,,,,,,“-_, ,1. y,,.- a, ix t regional tra ns. .. 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 . �..���y.. �� ��. ,...,, 17 (c) L �y u..�y y,rx r..,r..zr.r. y.. ..,Cx —1„rtt —.. xx--..... 18 -- -.. thousand; �. 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-.� ,, ... �Fe �_ L �i ll; 25 (' l ml..e r., �__ o�_� ` F i L e ji Pv x.lny� .. �xL� a-g� �.. .x� 3� ix pv —3tGxx, �.. 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 1-1 r1 O 0 ci 142,144,145 Ql N r1 O N r1 N CT) . I rl Ql %-1 Ql 1--1 r1 1-1GO r1 Cil tO O e"I 151,154,157 to m r-I m t-^I Ql CO r1 O n ci 152 Ql l0 r1 lO td ci l0 to .-+ ttl Lh c-I Ci'} Ci .-1 tO CI' .-+ lO Q) ,- I lf) Q1 c-1 CT) M m O M M 341,342,343 345-349,370-379 301-303 CT) i--I m c-I M 351-354 328,329 CT) .--1 m 06..-1 e'-I m 355-359 N N m N m 380-389 Ol 01 m Ql m Ol l0 m lO PM M1. 324 " . i'. O 1--1 CO B142 N r-I CO Q) %--1 CO r1 1--1 CO 1.0 %--1 CO 1n r-I CO m %--1 CO 1� r-I CO M M CO B346,374,376 O M CO B312,313 1.11 m CO B328 B355,356 CO M CO 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 m cn Ql c O -I,+0 lr)I Station 11,12,13,14,16,17,18 w c0 c O 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 c O Y 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) .: " aS CO N Cr CO ci N CO a-i Cl CC1 ci c-I CO e-i LO CO B51 e-i M CO B71 r-I m CO B46,74,76 700 B12, 13 .--I 1n CO CO N CO IP1 Ln c0 x--I CO CO 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 _c .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' I °soot ffir'on C�?r/r/tr c r� c l�f%�f� d �t7{j� ❑ 13td . Jn}r�rtel t'\I Date [g (Pii /i • He trim .\Jr l t�,�[' ❑f 0ther J\ Date ry y .Yd/ Da Jf` J/J! SI � aNS0R ❑Cozinc'i1 ❑r11a •or J R rDCD 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 VC:bjs Review and analysis by Barbara Saxton Page 1 of 8 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 VC:bjs Review and analysis by Barbara Saxton 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 VC:bjs Review and analysis by Barbara Saxton 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 VC:bjs Review and analysis by Barbara Saxton 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 VC:bjs Review and analysis by Barbara Saxton 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 VC:bjs Review and analysis by Barbara Saxton 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 VC:bjs Review and analysis by Barbara Saxton 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 VC:bjs Review and analysis by Barbara Saxton Page 8 of 8 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. 80 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. �� �x�R) pf/�' =^ ' . ' ' ' � , ' ' ' Oic � ' �� ' ' ^ ' ` �y«�fbenmom�) .° � &o�(C DbB — ' ' ' dn��r��`'' ' ~ �1nrthh� i four�/``�/ � ( er `. A�mA��o - 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 MS:bjs Review and analysis by Barbara Saxton Page 1 of 2 107 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 W:\legislative Development\Sales and use tax for affordable housing-HB 1406 8-14-19 MS:bjs Review and analysis by Barbara Saxton Page 2 of 2 108 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 W: Legislative Development\Sales and use tax -affordable housing HB 1406 8-14-19 MS:bjs Review and analysis by Barbara Saxton Page 1 of 5 109 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 W: Legislative Development\Sales and use tax -affordable housing HB 1406 8-14-19 MS:bjs Review and analysis by Barbara Saxton Page 2 of 5 110 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. W: Legislative Development\Sales and use tax -affordable housing HB 1406 8-14-19 MS:bjs Review and analysis by Barbara Saxton Page 3 of 5 111 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. W: Legislative Development\Sales and use tax -affordable housing HB 1406 8-14-19 MS:bjs Review and analysis by Barbara Saxton Page 4 of 5 112 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: W: Legislative Development\Sales and use tax -affordable housing HB 1406 8-14-19 MS:bjs Review and analysis by Barbara Saxton 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: W: Word Processing\OrdinancesCrime of exposing minor children to domestic violence 11-21-18.doc VM:bjs Page 1 of 2 121 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. W Word Processing \Ordinances‘Crime of exposing minor children to domestic violence 1 1-21-18.doc VM:bjs 122 Page 2 of 2 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 123 124 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.