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HomeMy WebLinkAboutCOW 2023-02-27 COMPLETE AGENDA PACKETTukwila City Council Agenda ❖ COMMITTEE OF THE WHOLE ❖ �q J��1LA A. °,„„A. Si `''n�r 1905%%% Allan Ekberg, Mayor Councilmembers: + Kathy Hougardy + De'Sean Quinn David Cline, City Administrator + Kate Kruller + Thomas McLeod Cynthia Delostrinos Johnson, Council President ❖ Mohamed Abdi ❖ Tosh Sharp THE MEETING WILL ON-SITE THE Monday, February BE CONDUCTED PRESENCE WILL PHONE NUMBER For Technical 27, 2023; BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY. BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD). FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Support during the meeting call: 1-206-433-7155. 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Satish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. SPECIAL ISSUES a. Review of Puget Sound Regional Fire Authority (PSRFA) Annexation Plan. b. 2021-2023 Municipal Stormwater Capacity -Building grant agreement (National Pollutant Discharge Elimination System – NPDES) Pg.1 5. REPORTS a. Mayor b. City Council c. Staff 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING (continued...) COMMITTEE OF THE WHOLE MEETING February 27, 2023 Page 2 ❖ SPECIAL MEETING ❖ • Ord #2698 • Res #2065 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of minutes: 2/6/23 (Regular); 2/13/23 (Special Mtg.) b. Approval of vouchers c. 2023-2024 Human Services contracts: [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 2/13/231 (1) Authorize the Mayor to sign a contract with Catholic Community Services for the 2023-2024 Emergency Assistance Program, in the amount of $50,000.00. (2) Authorize the Mayor to sign a contract with Childhaven for the 2023-2024 Continuum of Care Program, in the amount of $70,000.00. (3) Authorize the Mayor to sign a contract with Children's Therapy Center for 2023-2024 therapeutic services, in the amount of $15,000.00 as Tukwila's share toward total funding in the amount of $142,356.00. (4) Authorize the Mayor to sign a contract with Multi Service Center for the 2023-2024 Emergency Assistance Program, in the amount of $94,000.00. (5) Authorize the Mayor to sign a contract with the Refugee Women's Alliance for 2023-2024 for basic needs, in the amount of $63,000.00. (6) Authorize the Mayor to sign a contract with the Tukwila Pantry Food Bank for 2023-2024 for food distribution services, in the amount of $80,000.00. d. An ordinance repealing Ordinance Nos. 2466 and 2651, as codified in Tukwila Municipal Code (TMC) Title 7, "Animals"; reenacting TMC Title 7 to adopt by reference King County Code Title 11. e. A resolution repealing Resolution No. 2018 and adopting a revised Fire Permit Fee Schedule. f. Authorize the Mayor to sign a grant agreement with the Washington State Department of Ecology for 2021-2023 Municipal Stormwater Capacity-Building (National Pollutant Discharge Elimination System - NPDES), in the amount of $70,000.00. Pg.39 Pg.85 Pg.101 3. NEW BUSINESS For discussion of Consent Agenda items on/y, if necessary. 4. EXECUTIVE SESSION Property Sale or Lease — Pursuant to RCW 42.30.110(1)(c) (30 minutes) NO action will follow in the open meeting. 5. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name dearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/27/23 DC 3/20/23 DC ITEM INFORMATION ITEM No. 4.A. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 2/27/23 AGENDA ITEM TITLE Annexation Plan for the Puget Sound Regional Fire Authority CATEGORY ® Discussion Mtg Date 2/27/23 ❑ Motion Mtg Date ® Resolution Mtg Date 3/20/23 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Altg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S Per the 2022 Contract for Services with Puget Sound Regional Fire Authority (PSRFA) an SUMMARY Annexation Plan was to be created and approved by the PSRFA Governing Board and the Tukwila City Council and then put to the voters for final approval. An Oversight Committee, consisting of Councilmembers Kruller and Sharp, as well as PSRFA Commissioners Barrie and Troutners, created this final plan for council approval. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONsoR/ADMIN. Oversight Committee COMMITTEE Direct to Committee of the Whole for discussion and approval COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/27/23 Review Final Plan 3/20/23 MTG. DATE 2/27/23 ATTACHMENTS Info memo re: Proposed Annexation Plan 2/21/23 Oversight Committee Memo Mtg #1 - 2/1/23 (updated) Oversight Committee Memo Mtg #2 - 2/13/23 2023 Annexation Plan DRAFT - 2/10/23 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: David Cline, City Administrator CC: Mayor Ekberg DATE: February 21, 2023 SUBJECT: PSRFA Annexation Plan — Final Draft proposed by Oversight Committee ISSUE Per the 2022 Contract for Services with Puget Sound Regional Fire Authority (PSRFA) adopted by the City Council on October 6, 2022, an Annexation Plan to the PSRFA is to be created and presented for approval by the Puget Sound Regional Fire Authority and the Tukwila City Council and then sent to the Tukwila voters for approval. The Council selected Oversight Committee members, Councilmembers Kruller and Sharp, have met twice and are providing an update to the full Council and seeking input on the final plan. BACKGROUND The City Council approved a contract for services with PSRFA on October 6, 2022 as a step towards full annexation. The Citizen's Advisory Committee on the Future of Fire/EMS Services had recommended these actions in their final report provided to the Council in May 2022. Per the Contract, a four -person Annexation Oversight Committee was created to draft this Annexation Plan. These members include Tukwila City Councilmembers Kruller and Sharp, and PSRFA Governing Board Members Barrie and Troutner. This Oversight Committee has met twice (see attached memos) and another meeting is planned for February 27, 2023, prior to the Committee of the Whole meeting. The Oversight Committee has been successful in crafting an Annexation Plan that meets all parties needs and is seeking final input from the Tukwila City Council before final approval of both governing boards. Most of the issues for annexation have already been agreed to in the current Contract for Services that went in place on January 1, 2023. The final issue still remaining is the transfer of fire stations. This is discussed below and is expected to be finalized for by the February 27, 2023 Oversight Committee, and will be presented to the City Council that evening. Key Issues of the Annexation Plan: Governance (Section 5,B,1, p. 15): The directive to seek fair and equitable representation for all participants guided the key language in the amended plan. The three "member" jurisdictions will each have three voting seats. As provided by RCW 52.26.080, the RFA Governing Board shall include nine voting members consisting of three (3) current seated members from the City of Kent to be appointed by the Kent City Council and three (3) current, seated King County Fire District 37 Board of Commissioners members (3) current, seated members from the City of Tukwila to be appointed by the Tukwila City Council and nonvoting advisory positions consisting of one for each Contractual Jurisdiction as appointed by the governing body of such Jurisdiction. Voting Members — Tukwila (3) Kent (3) KCFD37 (3) Non-voting Advisory Members — SeaTac (1) KCFD43 (1) Covington (1) 3 INFORMATIONAL MEMO Page 2 Each "contract" jurisdiction will have one non-voting advisory seat each. The City of Covington is annexed into King County Fire District #37 (KCFD37) and is represented by the three voting seats of KCFD37. Maple Valley is King County Fire District #43 and is represented by a non- voting advisory seat of KCFD43. SeaTac is a contract city and is represented by a non-voting advisory seat. Facilities (Section 7.C.1.a, p. 19) : The amended plan follows the process used with the City of Kent and KCFD37 facilities. All Four Tukwila stations, FS51 (Southcenter), FS 52 (City Hall Campus), FS 53 (Allentown) and FS 54 (Foster High School), will be transferred to the RFA per a lease agreement. The City of Tukwila will continue to own the land, while PSRFA will maintain and operate the station and the infrastructure. The stations must continue to `deploy RFA response units" or the station will revert to the City of Tukwila. This language is still being worked on after several iterations from the PSRFA Attorney and Tukwila Attorney. Due to deed restrictions on Fire Stations 51 and the possibility of newer stations replacing Tukwila's older stations, the current plan is as follows: • Newer Stations (Fire Station 51 and 52): Long term leases (50 years) • Older Stations (Fire Stations 53 and 54): Shorter term leases (10 years) with a notification period (3 years). One draft of the language is as follows: Stations 51 & 52: City of Tukwila shall retain ownership of the real property on which these stations are located and shall lease each station to the RFA for 50 -year terms at the rate of $1 per year per station. For station 52, Tukwila shall retain the right to use that station as a backup EOC, to store equipment, and to use conference rooms, consistent with the current lease. As a condition of the leases, the RFA shall assume 100% of the maintenance costs for stations 51 and 52 during the lease terms, and the RFA shall use the stations to deploy RFA response units. Stations 53 & 54: City of Tukwila shall retain ownership of the real property on which these stations are located and shall lease each station to the RFA for 10 -year terms at the rate of $1 per year per station. As a condition of the leases, the RFA shall assume 100% of the maintenance costs for stations 53 and 54 during the lease terms, and the RFA shall use the stations to deploy RFA response units. The City shall provide 36 -months' notice before the end of the 10 -year terms (at the end of year 7) whether the leases will expire or be renewed after 10 years. Election Date (Section 3.B.1, p. 10): The current goal is to submit our proposition by May 12, 2023, for the Primary Election to be held on August 1, 2023. A voter approval of this proposition will make this plan effective date on January 1, 2024. This would allow a year of transition to ensure that the newly expanded PSF Board would be able to effectively allocate the fire benefit charge and property tax for services beginning in January 2025. The City of Tukwila would still be financially obligated under the contract for services in 2024. If the proposition fails, the governing document for the RFA will be the current 2017 RFA Plan. Proposed Schedule for Action by PSF Governing Board and Tukwila City Council: To meet the May 12, 2023 deadline for submission for the August 1, 2023 Primary Election, the following are suggested options. This proposes a 4 -step process: 1.Tukwila City Council Review of Proposed Annexation Plan 2. PSF Board Approval of Annexation Plan 4 INFORMATIONAL MEMO Page 3 3. Tukwila City Council Approval of Annexation Plan 4. Tukwila City Council Resolution Calling for Special Election Table 1: Recommended Review and Approval of Annexation Plan with option for April date if more time needed. Tukwila COW Review of Proposed Annexation Plan PSRFA Board Approval of Resolution to Amend Plan Tukwila City Council Approval of Resolution to Annex to PSRFA Tukwila City Council Resolution Calling for Special Election Feb 27 March 15 March 20 March 20 April 5 April 17 April 17 DISCUSSION Discussion/Action Requested of the City Council: 1. Is Governance Acceptable? (Section 5) 2. Is Facilities Transfer acceptable? (Section 7) — still to be finalized 3. Is Election Date and Effective Date Acceptable (Section 3) 4. What is the preferred timeline for review and approval of all parties? (see Table 1) 5. Are there any outstanding items for future action? FINANCIAL IMPACT If annexation is successful, the operating and capital costs for fire services will become the responsibility of the Puget Sound Regional Fire Authority, which the City would be on the governing board. The City would retain costs associated with other services, especially the contract for Fire Marshal services. RECOMMENDATION Discussion only — provide input to the Oversight Committee members for final annexation plan. ATTACHMENTS 1 — Oversight Committee Memo Mtg #1 — Feb 1, 2023 (updated) 2 — Oversight Committee Memo Mtg #2 — Feb 13, 2023 3 — Annexation Plan (as of Feb 13, 2023, still to be revised) 5 6 PUGET SOUND REGIONAL FIRE AUTHORITY INTERNATIONALLY ACCREDITED FIRE AGENCY Professionally and compassionately helping people. February 1, 2023 To: PSF/Tukwila Oversight Committee Members Fr: PSF/Tukwila Working Group Re: Oversight Committee background materials for February 1 Meeting #1 (updated) Annexation Process Overview for City of Tukwila and Puget Sound Regional Fire Authority Overview: This is an update on the process for annexation into the Puget Sound Regional Fire Authority (PSF), which was specified in the Contract for Services approved by the City Council on October 3, 2022. Services began successfully with PSF on January 1, 2023. The short-term contract creates a clear path to annexation. The next step for the City of Tukwila and PSF is to complete the annexation process, which includes creation of an Annexation Plan, approval of the Plan by both governing boards, majority voter approval, and then implementation. A suggested timeline is at the end of this memo. Process: Per the adopted contract, section 7.5, there were specific steps outlined for annexation progress: • Annexation Plan — Identifies the steps to achieve the goal to seek voter -approved annexation. • Annexation Oversight Group — Reviews the recommendations of the Annexation Work Group. • Annexation Work Group — Drafters of the proposed Annexation Plan. The Annexation Work Group (PSF Chief and Deputy Chief, Tukwila City Administrator and Deputy Fire Chief) has been working together since October 2022 to prepare for the first meeting of the Annexation Oversight Group that was held on Wednesday, February 1 at 4:30 at Station 78 in Covington prior to the regularly scheduled PSF Board meeting. Former Tukwila IAFF Local 2088 President, James Booth, has represented the Union during the Tukwila process and now joins the Annexation Working Group as the representative from IAFF Local 1747. The Union is a critical member of this team and continues to have a "Seat at the Table" as the parties pursue annexation. The Annexation Oversight Group is comprised of two members of the PSF Board [Commissioners Allan Barrie and Toni Troutner], and two members of the Tukwila City Council [Councilmembers Kate Kruller and Tosh Sharp]. RCW 52.26.300 outlines the process for annexation into a fire authority. The specific steps are as follows: Administration 24611 116th Avenue SE, Kent, Washington 98030 Phone: 253.856.4300 • Fax: 253.856.6300 • pugetsoundfire.org Serving the communities of Covington, Kent, Maple Valley, SeaTac, Tukwila, Fire Districts 37 & 43 7 Page 2 of 3 1. City notifies the fire authority of intent to annex: The Tukwila City Council passed Resolution 2060 on December 5, 2022 notifying the RFA Board of Governance (BoG) of its intent to pursue annexation. As an outcome, the Annexation Work Group was formed, along with two councilmembers selected for the Annexation Oversight Group. 2. PSF Board accepted Resolution 2060, thus commencing the Work Group and Oversight Group work that delivers the Annexation Plan. 3. The Annexation Plan, as created by the Work Group and approved by the Oversight Group, will need to be adopted by both PSF Board and the Tukwila City Council. Upon approval, the Oversight Group is tasked with creating an amendment to the Regional Fire Authority Plan to include the City of Tukwila. The amendment is then reviewed and approved by the PSF Board and next by the Tukwila City Council. 4. The Annexation Plan is placed on the ballot for voter approval. The Tukwila City Council has final determination for the date of the annexation election. The annexation vote only requires an approved simple majority of the City of Tukwila voters. Implementation of the Annexation Plan will follow a successful vote for annexation. Overall Timeline January 1, 2023 — Contract for services began Feb -March 2023 — Annexation Oversight Group creates Annexation Plan March -April 2023- Annexation Plan is adopted by PSF Board and Tukwila City Council April 2023- Tukwila City Council Places Annexation Plan on August 2023 Election August 1, 2023 - Annexation Plan Election held August 15, 2023 — Certified results of election received January 1, 2024 — If Annexation Plan approved, annexation plan implemented and expanded Governing Board begins. Tukwila still under a contract for services for one year during transition year. January 1, 2025- Contract for services terminates and full Annexation into PSF for fire services. Additional Detail: Key Issues in an Annexation Plan for PSF and Tukwila Due to the contract for services which envisioned moving to an annexation, most of the issues usually in an annexation plan have already been agreed upon by the parties. These include items such as transfer of personnel, apparatus and equipment, financial responsibilities, and many other items. The contract for services outlined key "Annexation Principles" for this annexation plan. "2.3. Annexation Principles. The Parties agree that they shall seek an Annexation Plan to accomplish the following shared goals and principles: 8 Page 3 of 3 (a) Equitable Governance Representation. The City shall be provided voting seats on the RFA Board equivalent to the voting rights of other Cities or Fire Districts that are RFA members with RFA Board voting rights. (b) Equitable Financial Contribution. During the term of this Agreement, the Parties agree that the RFA finances should not result in any participating jurisdiction providing a significant subsidy to other agencies that participate in, or served under contract by, the RFA and should reflect the benefit to each participating jurisdiction or contract agency of having the services from a regional fire agency. The Parties agree to review adjustments to the RFA Fire Benefit Charge (FBC) formula and to submit to the RFA Board for approval adjustments in the FBC formula to ensure this policy goal is reasonably met to the satisfaction of both the City and the RFA. A few key items remain for this annexation plan: Governance: The Annexation Work Group is recommending that PSF amend its plan to provide three voting seats to the City of Tukwila on its governing board. This would be the same number of voting seats as the City of Kent and Fire District 37. The new board would then consist of nine voting members. There would continue to be one non-voting member from each of the contract agencies, City of SeaTac, Fire District 43 (Maple Valley) and the City of Covington. Facilities: The Contract for Services currently leases all fire stations to the PSF. The expectation is that in an Annexation Plan, full ownership of these facilities would be transferred to the PSF as was done with the City of Kent and Fire District 37. There are additional options around land ownership and possible covenants to ensure these facilities remain used for active fire services. Financing: As outlined in the contract for services, there will need to more discussion on how the fire benefit charges will be applied equitably in the PSF service area. Election Date: In the contract for services, section 7.5 it was expected to "...place an initiative on the April 2024 ballot for an annexation Effective Date of July 1, 2024. These timelines may be accelerated upon mutual agreement of the Parties." Due to the smooth transition in January 2023 between Tukwila and PSF, and the simpler Annexation Plan needed, the Work Group is now recommending an election date of August 2023. The ballot measure will need to be filed in May 2023. The City and RFA will partner to provide educational information about the annexation. Effective Date: With a successful vote in August 2023, implementation of the plan would commence in January 1, 2024 with the expanded Governance Board. This would allow a year of transition to ensure that the newly expanded PSF Board would be able to effectively allocate the fire benefit charge and property tax for services beginning in January 2025. The City of Tukwila would still be financially obligated under the contract for services in 2024. 9 10 PUGET SOUND REGIONAL FIRE AUTHORITY INTERNATIONALLY ACCREDITED FIRE AGENCY Professionally and compassionately helping people. February 10, 2023 To: PSRFA/Tukwila Oversight Committee Fr: PSRFA/Tukwila Working Group RE: Annexation Plan Updates for February 13, 2023 Oversight Committee Meeting #2 The purpose of this memorandum is to direct the Annexation Oversight Committee (AOC) to the key items on the proposed Amended Plan. This is the plan that will be submitted to each governing body for review and approval. Once the final Amended Plan is approved by both the RFA Governance Board and the City of Tukwila Council, the plan will be submitted to the City of Tukwila voters for consideration and approval. The timeline continues to be the August 1, 2023, primary election. Most of the issues for annexation have already been agreed to in the current Contract for Services that went in place on January 1, 2023. The remaining issues have some Key Items for the AOC to consider: Governance (Section 5,B,1, p. 15): The directive to seek fair and equitable representation for all participants guided the key language in the amended plan. The three "member" jurisdictions will each have three voting seats. Each "contract" jurisdiction will have one non-voting advisory seat each. The City of Covington is annexed into King County Fire District #37 (KCFD37) and is represented by the three voting seats of KCFD37. Maple Valley is King County Fire District #43 and is represented by a non-voting advisory seat of KCFD43. SeaTac i for the RFA, s a contract city and is represented by a non-voting advisory seat. As provided by RCW 52.26.080, the RFA Governing Board shall include nine voting members consisting of three (3) current seated members from the City of Kent to be appointed by the Kent City Council and three (3) current, seated King County Fire District 37 Board of Commissioners members (3) current, seated members from the City of Tukwila to be appointed by the Tukwila City Council and nonvoting advisory positions consisting of one for each Contractual Jurisdiction as appointed by the governing body of such Jurisdiction. Voting Members—Tukwila (3) Kent (3) KCFD37 (3) Non-voting Advisory Members — SeaTac (1) KCFD43 (1) Covington (1) Facilities (Section 7.C.1.a, p. 19) : The amended plan follows the process used with the City of Kent and KCFD37 facilities. All Four Tukwila stations, FS51 (Southcenter), FS 52 (City Hall Campus), FS 53 (Allentown) and FS 54 (Foster High School), will be transferred to the RFA. The stations must continue to 'deploy RFA response units" or the station will revert to the City of Tukwila. The specific language for all stations is as follows: 'City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units.' 11 PUGET SOUND REGIONAL FIRE AUTHORITY INTERNATIONALLY ACCREDITED FIRE AGENCY Professionally and compassionately helping people. Election Date (Section 3.B.1, p. 10): The current goal is to submit our proposition by May 12, 2023, for the Primary Election to be held on August 1, 2023. A voter approval of this proposition will make this plan effective date on January 1, 2024. This would allow a year of transition to ensure that the newly expanded PSF Board would be able to effectively allocate the fire benefit charge and property tax for services beginning in January 2025. The City of Tukwila would still be financially obligated under the contract for services in 2024. If the proposition fails, the governing document for the RFA will be the current 2017 RFA Plan. Proposed Schedule for Action by PSF Governing Board and Tukwila City Council: To meet the May 12, 2023 deadline for submission for the August 1, 2023 Primary Election, the following are suggested options. This proposes a 4 -step process: 1.Tukwila City Council Review of Proposed Annexation Plan 2. PSF Board Approval of Annexation Plan 3. Tukwila City Council Approval of Annexation Plan 4. Tukwila City Council Resolution Calling for Special Election Table 1: Options for Review and Approval of Annexation Plan Tukwila COW Review of Proposed Annexation Plan PSRFA Board Approval of Resolution to Amend Plan Tukwila City Council Approval of Resolution to Annex to PSRFA Tukwila City Council Resolution Calling for Special Election Feb 27 March 1 March 6 March 13 Special or March 20 March 13 March 15 March 20 March 27 Special or April 3 March 27 April 5 April 10 Special or April 17 April 17 or April 24 Special or May 1 April 10 April 19 April 24 Special or May 1 May 1 or May 8 Special Discussion/Action Requested of Oversight Committee: 1. Is Governance Acceptable? (Section 5) 2. Is Facilities Transfer acceptable? (Section 7) 3. Is Election Date and Effective Date Acceptable (Section 3) 4. What is the preferred timeline for review and approval of all parties? (see Table 1) 5. Are there any outstanding items for future action? Attachments: A. 2023 Amended RFA Plan B. February 1, 2023 Updated (2-10-23) Oversight Committee memo, meeting #1 12 WnS,.idcio. 2023 PUGET SOUND REGIONAL FIRE AUTHORITY PLAN Serving the cities of Covington, Kent, Maple Valley, SeaTac and Tukwila, and King County Fire Districts Nos. 37 and 43 13 TABLE OF CONTENTS Page Organizational Information 3 Section 1: Needs Statement 7 Section 2: Definitions 8 Section 3: Formation Authority 10 Section 4: Jurisdictional Boundaries 11 Section 5: Governance 14 Section 6: Organizational Structure/Operations 16 Section 7: Financial 17 Section 8: Fire Prevention, Public Education Services, Emergency Management and Fire Investigation Unit 21 Appendix A — Jurisdictional Boundaries 24 Appendix B — Fire Benefit Charge 25 Appendix C — Organizational Structure 26 14 Commented [BS2R1]: I assumed we would update the TOC once the amendment is ready to be finalized. HISTORY In 2010, the voters of the City of Kent and King County Fire Protection District No. 37 approved the formation of the Kent Fire Department Regional Fire Authority, effective July 1, 2010. On January 1, 2014, the Kent Fire Department RFA contractually consolidated with the City of SeaTac Fire Department pursuant to an interlocal agreement, and the City of SeaTac filled a non-voting advisory position on the Governing Board pursuant to a 2014 Plan Amendment. In 2016, the Governing Board approved the renaming of the Kent Fire Department Regional Fire Authority to Puget Sound Regional Fire Authority pursuant to a 2016 Plan Amendment. On July 1, 2018, Puget Sound Regional Fire Authority contractually consolidated with Maple Valley Fire and Rescue (King County Fire Protection District No. 43) pursuant to an interlocal agreement and Maple Valley Fire and Rescue filled a non-voting advisory position on the Governing Board. On January 1, 2023, Puget Sound Fire contractually consolidated with the City of Tukwila Fire Department pursuant to an interlocal agreement, and the City of Tukwila filled a non-voting advisory position on the Governing Board. Copies of the original RFA Plan and the 2014 and 2016 amendments are retained in the Puget Sound Fire Administrative Offices. On XXXXXX, 20XX Puget Sound Regional Fire Authority Governing Board approved an amendment of the 2016 RFA Plan' ("2023 Puget Sound Regional Fire Authority Plan") to submit to the voters of the City of Tukwila as part of the process of annexing the City of Tukwila as a participating jurisdiction into the Puget Sound Regional Fire Authority. On XXXXXX, 20XX, the City of Tukwila voters approved the amended RFA Plan, and the City of Tukwila was formally annexed into the RFA on'January 1, 20241. ( 3 ) Commented [BS4]: As an Alternative the Original Plan and/or amended Plans could be attached as an Appendix or Exhibit. Commented [KISS]: This refers to a 2017 RFA Plan, yet the history above only refers to 2014 and 2016 Plan amendments. Should the history include reference to a 2017 amendment, or is this a typo? Please clarify. Commented [BS6R5]: Typo Corrected Commented [KLS7]: This is Tukwila's preferred start date, provided the August 2023 primary election result approves the proposed annexation. 15 PURPOSE Professionally and Compassionately Helping People VISION To be a trusted resource for building safe and healthy communities. MISSION To provide effective and sustainable services that meet the needs of a changing community with the resources entrusted to us. VALUES Integrity. We believe in holding ourselves accountable for our actions and living our shared values. Innovation. We believe in continuous improvement through collaboration. Inclusion. We believe in the strength diversity brings to our organization and communities. Service. We believe in exceeding the needs of our communities through exceptional customer service and leadership. 16 ( 4 ) OVERSIGHT Puget Sound Fire is governed by the Puget Sound Fire Governance Board. The Governance Board is comprised of nine voting members and three non-voting members. Of the voting members, three are appointed from the Kent City Council, three from the Tukwila City Council, and three from the Board of Commissioners for Fire District No. 37. Of the non-voting members, one is from the Covington City Council, one is from the SeaTac City Council, and one is from the King County Fire District No. 43 Board of Commissioners. The Puget Sound Fire Governance Board has the responsibility to oversee budget and policy decisions and to ensure that Puget Sound Fire is successful in its mission of protecting our communities. FUNDING Puget Sound Fire uses a voter -approved, two-part funding method comprised of property taxes and a fire benefit charge (FBC) to fund its operations. The FBC is a fee that is based on the benefit of having emergency services. It is not a per call charge and is not based on property value. The property tax/FBC model provides a stable funding method that results in predictable revenues. Adding a FBC alongside property taxes as part of the funding system allows Puget Sound Fire to equitably distribute the cost, meaning that higher risk properties pay more for the benefit of fire -related and emergency services and lower risk properties pay less. SERVICES AND STAFFING As an internationally accredited regional fire authority, Puget Sound Fire employs over 400 people, and 17 fire stations are staffed 24 hours a day, 365 days a year by full-time, career firefighters. Advanced Life Support (Paramedic) services are provided through the King County Medic One program. The broad range of emergency response services that we provide to our residents from our throughout our response areas include: • Emergency Medical Services • Fire Suppression • Hazardous Materials • Water Rescue • Technical Rescue, and • Wildland Urban Interface ( 5 ) 17 fire stations Commented [KL58]: Revising this to 17 to be consistent with the yellow highlighted reference above. 17 Additionally, Puget Sound Fire also provides non -emergency services to our residents including: • Emergency Management • Fire Prevention • Public Education and FDCARES Our support divisions include: • Community Relations • Finance • Human Resources • Strategic Resource Management • Business and Information Technology Services • Logistics • Fire Garage, and • Facilities Maintenance 18 ( 6 ) PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 1: Needs Statement Adopted: 06-03-09 Revised: XX -XX -XX 1. The ability to respond to emergency situations by fire protection and emergency medical services jurisdictions has not kept up or progressed with the community's needs and special service demands; 2. Providing a fire protection and emergency medical service system requires a collaborative partnership and responsibility among local and regional governments and the private sector; 3. There are efficiencies to be gained by regional fire protection and emergency medical service delivery, while maintaining local control; and 4. Timely development of significant projects can best be achieved through enhanced funding options for regional fire protection, emergency services, specialized rescue, hazardous material mitigation, using existing taxing authority to address fire protection and emergency service needs, with new authority to address critical fire protection projects and emergency services. 5. Puget Sound Regional Fire Authority is capable of providing regional services to its contractual partners and participating jurisdictions. ( 7 ) 19 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 2: Definitions Adopted: 06-03-09 Revised: XX -XX -XX The definitions in this section apply throughout the Regional Fire Protection Service Plan, unless the context clearly requires otherwise. 1. "Board" or "Governing Board": Means the governing body of a regional fire protection services authority. 2. "Participating Jurisdictions": Means the City of Kent, King County Fire Protection District No. 37 and the City of Tukwila. 3. "Contractual Jurisdictions": Means the City of SeaTac, Maple Valley Fire and Rescue and any future municipal corporations that enter into Interlocal Full Consolidation Agreements with Puget Sound Regional Fire Authority 4. "Regional Fire Authority," "Puget Sound Regional Fire Authority" "Puget Sound RFA" "RFA": Means a municipal corporation, an independent taxing authority within the meaning of Article VII, Section 1, of the Washington State Constitution, and a taxing district within the meaning of Article VII, Section 2, of the Washington State Constitution, whose boundaries are coextensive with the City of Kent, King County Fire Protection District No. 37 and the City of Tukwila that has been created by a vote of the people under Revised Code of Washington chapter 52.26 to implement a Regional Fire Authority Plan and by a vote of the City of Tukwila voters to approve annexation of the City of Tukwila into the RFA pursuant to RCW 52.26.300. 5. "Regional Fire Authority Plan," "RFA Plan," "Puget Sound RFA Plan" or "Plan": Means a plan to develop, govern and finance a Regional Fire Authority, including, but not limited to, specific capital projects, fire prevention services, fire suppression services, emergency medical services, and services for the protection of life and property pursuant to RCW 52.26.040, and the preservation and maintenance of existing or future facilities and services. 6. "2023 Puget Sound Regional Fire Authority Plan" or "2023 RFA Plan": Means the 2017 RFA Plan as amended by the RFA Governing Board and approved by the City of Tukwila voters. 7. "Effective Date": Means the effective date of the 2023 RFA Plan on January 1, 2024. 20 8 Commented [KLS11]: Should the City of Covington be listed here? Should the City of Maple Valley be listed here? Should King County Fire Protection District No. 43 be listed here? Commented [BS12R11]: Covington is annexed into King 37 so would not be listed. The City of Maple Valley is annexed into King 43 so would not be listed. Maple Valley Fire and Rescue is King 43 so is already listed. PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 3: Formation Authority Adopted: 06-03-09 Revised: XX -XX -XX A. Reference: 1. Puget Sound Regional Fire Authority was created pursuant to law when the voters of the City of Kent and King County Fire Protection District No. 37 approved the original RFA Plan at a special election on April 27, 2010 as authorized by Chapter 52.26 RCW. 2. The authority to annex additional Participating Jurisdictions into the RFA requires approval of an RFA Plan amendment by both the RFA Governing Board and the voters of the annexing Participating Jurisdiction pursuant to RCW 52.26.300. B. Activity and Operation: 1. If approved by the voters of the City of Tukwila at an election on August 1, 2023, this 2023 RFA Plan shall become effective on the Effective Date of January 1, 2024. If the 2023 RFA Plan is not approved by Tukwila voters, then this 2023 RFA Plan Amendment shall not be adopted, and the existing 2017 Puget Sound Regional Fire Department Plan shall remain as the RFA Plan. 2. Upon voter approval of the 2023 RFA Plan, the City of Kent, the City of Tukwila and King County Fire District No. 37 shall continue to exist as separate and independent Washington State municipal corporations. The exclusive purpose of the continued existence of King County Fire District No. 37 shall be to provide representation to the RFA Governance Board. Commented [KLS13]: Does this need further revision / updating? 3. At such time as King County Fire District 37 no longer provides revenues or representatives to [Commented [B514R13]: Revision Made. the governance board, it may be dissolved in accordance with RCW 52.26.120. ( 9 21 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 4: Jurisdictional Boundaries Adopted: 07-15-09 Revised: XX -XX -XX A. Reference: 1. The authority to define the jurisdictional boundaries of the Puget Sound Fire Authority is provided by RCW 52.26.020(2). B. Jurisdictional Boundaries on Effective Date of the 2023 RFA Plan: 1. If the 2023 RFA Plan is approved by Tukwila voters, the jurisdictional boundaries of Puget Sound Regional Fire Authority shall be the current legal boundaries of the Participating Jurisdictions, which boundaries are currently contiguous and are depicted on the map attached hereto and marked as Appendix "A" of this 2023 RFA Plan. C. Changes in Jurisdictional Boundaries: 1. Boundary Changes that do not require a RFA Plan amendment. a. City of Kent or City of Tukwila annexations of areas included within the boundaries of King County Fire Protection District No. 37. Such annexations will not affect the RFA since the areas will already be within the RFA boundaries. Pursuant to RCW 52.26.290, there will be no required asset or employee transfers between the fire district and the affected city. b. City of Kent or City of Tukwila annexations of areas not included within King County Fire Protection District No. 37. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW 52.26.090. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. Any transfer of assets or employees that occurs as a result of annexation shall be between the transferring entity and the RFA. c. King County Fire Protection District No. 37 annexations of areas outside the boundaries of the RFA. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant 22 ( 10 ) to RCW 52.26.090. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. d. Partial merger of an area located in an adjacent fire protection district into King County Fire Protection District No. 37. On the effective date of such partial merger, the territory merged into King County Fire Protection District No. 37 shall automatically be included within the boundaries of the RFA. The territory added to the RFA by such partial merger shall be subject to the taxation, charges, and bonded indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Any transfer of assets or employees as a result of a partial merger shall be between the merging district and the RFA. e. Merger of an adjacent fire protection district into King County Fire Protection District No. 37. On the effective date of such merger, the territory merged into King County Fire Protection District No. 37 shall automatically be included within the boundaries of the RFA. The territory added to the RFA by such merger shall be subject to the taxation, charges, and bonded indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Pursuant to RCW 52.06.085, the merger will result in an increase in the size of the governing board of King County Fire Protection District No. 37. Such increase shall not, however, alter the Governance Plan and the RFA governing board shall still have 3 representatives from the Fire District. Any transfer of assets or employees as a result of a merger shall be between the merging district and the RFA. f. Full or partial merger of King County Fire Protection District 37 into an adjacent fire protection district. On the effective date of such merger, the areas within King County Fire Protection District No. 37 that are merged into the adjacent fire protection district shall be removed from the jurisdictional boundaries of the RFA. In this situation, the RFA shall not be obligated to transfer employees or assets of the RFA, and the adjacent fire protection district shall be restricted to assets and employees of the fire district, if any. g• Annexation of a portion of King County Fire Protection District 37 by a City that is not a participating jurisdiction in the RFA. On the effective date of such annexation, the territory annexed shall automatically be removed from the boundaries of the RFA. In this situation, the RFA shall not be obligated to transfer employees or assets of the RFA, and the annexing city shall be restricted solely to assets and employees of the fire district, if any. h. Annexation of areas by the City of Covington. Provided that the City of Covington remains annexed into King County Fire Protection District No. 37, on the effective date of any such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW 52.26.090 and RCW 52.04.091. The territory added to the RFA by such annexation shall be subject to 23 the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. Any transfer of assets or employees that occurs as a result of such annexation shall be between the transferring entity and the RFA. 2. Boundary Changes that require a RFA Plan amendment. The addition of another entity as a participating jurisdiction in the RFA shall require a voter approved amendment to the RFA Plan. 24 ( 12 ) PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 5: Governance Adopted: 07-15-09 Revised: XX -XX -XX Governance and Representation A. Reference: 1. The authority to provide governance for the Regional Fire Authority is provided by RCW 52.26.080 and RCW 52.26.090. B. Governing Board Structure and Operation: 1. As provided by RCW 52.26.080, the RFA Governing Board shall include nine voting members consisting of three (3) current seated members from the City of Kent to be appointed by the Kent City Council and three (3) current, seated King County Fire District 37 Board of Commissioners members (3) current, seated members from the City of Tukwila to be appointed by the Tukwila City Council and nonvoting advisory positions consisting of one for each Contractual Jurisdiction as appointed by the governing body of such Jurisdiction. 2. The RFA Governing Board shall adopt governance policies and rules for conducting business for the RFA in accordance with RCW 52.26.080. 3. The RFA Governing Board shall adopt by-laws to govern RFA affairs in accordance with RCW 52.26.080. 4. The RFA Governing Board shall have all the power and authority granted governing boards under Washington State law, and shall include the power and authority to make any decisions appropriate for the RFA and for matters related to Title 52 RCW. 5. Members of the Governing Board will receive compensation in the same manner and under the same conditions as provided by law for commissioners of a fire protection district organized under Title 52 RCW. ( 13 ) Commented [KLS15]: Please email to David Cline, Rachel Bianchi, and me (Kari Sand) the current RFA Governing Board bylaws - thank you. Also, I see that chapter 52.26 RCW refers to the Governing Board members as commissioners; however, RCW 52.26.080(2) seems to distinguish between elected officials representing participating jurisdictions and commissioners ("The governing board shall be determined by the plan. However, only elected officials of participating fire protection jurisdictions and elected commissioners of the authority as provided in subsection (3) of this section are eligible to serve on the board."). Please explain whether the intent is for all voting members of the Governing Board to be considered commissioners (or not). Commented [BS16R15]: Bylaws have been emailed. The common reference to RFA Board members is "Governing Board Member" Commissioner is commonly used to refer to fire district commissioners and individuals elected by the voters of the RFA. For the Puget Sound RFA all board members are "elected officials representing participating jurisdictions" as we have no board members elected directly by the RFA voters. Accordingly all PSRFA Board members are Governing Board members and not generally referred to as commissioners. I modified paragraph 5 to clarify this. 25 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 6: Organizational Structure/Operations Adopted: 11-04-09 Revised: XX -XX -XX A. Reference: 1. The authority for the RFA to establish an Organizational Structure is provided in RCW 52.26.040. B. Activity/Operation: 1. The RFA shall be organized and managed, with leadership provided as show in Appendix "C" of the RFA Plan. 2. The RFA Administrative, Operations and Prevention Division shall be organized, and a chain of command be established in accordance with the organizational structure provided in Appendix "C" of the RFA Plan. 3. The Governing Board for the RFA shall be referred to as the Regional Fire Authority Governing Board, as identified in Appendix "C" of the RFA Plan. 4. Current staffing models, standards of coverage, deployment standards, field operations, command staffing, and operational policies and procedures shall continue at the current level of service on the Effective Date. 5. Puget Sound Fire will operate pursuant to its adopted Standards of Coverage, which defines services, levels of service, standards of coverage, development standards and customer expectations of the RFA. PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 7: Financial Adopted: 11-04-09 Revised: XX -XX -XX 26 A. Reference: 1. The authority to provide FUNDING and levy taxes for the RFA is provided by RCW 52.26.050, RCW 52.26.120, RCW 52.26.140 -.180, RCW 52.30.020, chapter 84.52 RCW and chapter 84.55 RCW. 2. The authority and mechanism for the collection of taxes and the benefit service charge shall be in accordance with RCW 52.26.170, RCW 52.26.200 - .270 B. Revenues/Funding: 1. Pursuant to the original approved RFA Plan, funding for the RFA is based on a property tax not to exceed $1.00 per thousand of taxable assessed value and a benefit service charge on all improved properties within the RFA service area based upon the general formula and methodology set annually by the RFA Governing Board. 2. In the event a Participating Jurisdiction annexes into the RFA pursuant to RCW 52.26.300, the initial property tax levy rate shall be calculated pursuant to the rule established under WAC 458-19-035. 3. In the event a Participating Jurisdiction annexes into the RFA pursuant to RCW 52.26.300, the benefit charge shall be applied within the boundaries of the Participating Jurisdiction based on the currently adopted Puget Sound Regional Fire Authority benefit charge formula on file with the Puget Sound Regional Fire Authority. 4. The initial tax levy and benefit charge in the Participating Jurisdiction shall occur in the year of formation provided the effective date of the annexation occurs prior to August 1, pursuant to RCW 84.09.030. If the effective date occurs after such date, the initial property tax levy and benefit charge shall not be made within the boundaries of the Participating Jurisdiction until the year following the Effective Date and the Participating Jurisdiction shall continue to pay for services for the first year of annexation in the manner established by agreement between Puget Sound Regional Fire Authority and the Participating Jurisdiction. 5. To the extent permitted by law, the RFA shall contract with agencies and entities exempt from property taxes in accordance with RCW 52.30.020 and related statutes. 6. The Governing Board shall have the authority to pursue all additional revenue sources authorized by law including but not limited to revenue sources specifically identified in Title 52 RCW that are not otherwise addressed in chapter 52.26 RCW. ( 15 ) 27 7. The RFA shall pay all costs of continued operation of King County Fire Protection District No. 37 subsequent to the formation of the RFA C. Financial Assets Transferred: 1. Transfers of Real Property. a. The following real property owned by the City of Tukwila shall be transferred in fee simple to the RFA: i. Station 51: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. ii. Station 52: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. iii. Station 53: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. iv. Station 54: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. 2. Transfers of Personal Property. a. The City of Tukwila transferred its fire department related personal property to the RFA by separate interlocal agreement and no additional transfers of City personal property are required. D. Liabilities: 1. On the date of formation, the RFA shall assume the following liabilities of the City of Tukwila. a. Routine, regular maintenance, major repairs, capital improvements, and utilities costs consistent with Section 5 of the separate interlocal agreement. 2. The City of Tukwila shall retain the following liabilities: a. The City of Tukwila will keep the liability for retired and active LEOFF 1 Tukwila Fire Department FTE's to include medical and long term care insurance payments and any other expenses incurred by the Tukwila Fire Department 28 ( 16 ) LEOFF 1 personnel in accordance with the City of Tukwila LEOFF 1 Policies and Procedures consistent with Section 6.4 of the separate interlocal agreement. b. The City of Tukwila shall remain responsible for all outstanding debt related to the construction and improvement of Fire Stations 51 and 52 transferred under Section 7.C.1.a.i and ii of this Plan. c. 'The City of Tukwila shall remain responsible for any remaining payments on the 2022 Pierce Enforcer Pumper purchased by the RFA in 2022 consistent with Section 5.4 of the separate interlocal agreement.' d. The City retains the obligations established in the City of Tukwila and IAFF Local 2088 Collective Bargaining Agreement (CBA) Memorandum of Understanding (MOU) concerning the Retirement Management Plan (RMP) for participants that retired prior to January 1, 2023, consistent with Section 6.5 and Exhibit K of the separate interlocal agreement. e. The City shall indemnify, defend, and hold the RFA harmless from any and all demands, claims, or actions by former City Personnel, which arise out of, or relate to, the City Personnel's employment prior to January 1, 2023, consistent with Section 6.6 of the separate interlocal agreement. ( 17 ) Commented [KLS17]: Did Tukwila already pay in full for the Pierce Enforcer Pumper? If yes, then delete this subsection 2(c). 29 30 ( 18 ) Commented [BS18]: Suggest Deleting this Section. Section 6 already references Appendix C and because the RFA is an ongoing entity and the personnel transfers occurred as a result of the contractual consolidation the details and original intent of this section is not necessary moving forward. Commented [KLS19R18]: Delete this entire Section 8 per Brian Snure's comment above, as these provisions are already covered by Section 6 and Appendix C of this 2023 RFA Plan. PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 8: Fire Prevention, Public Education Services, Emergency Management and Fire Investigation Unit Adopted: 11-04-09 Revised: XX -XX -XX A. Reference: 1. The authority for the RFA to establish and provide Fire Prevention, Public Education, Emergency Management and Fire Investigation components is provided in RCW 52.26.040, RCW 52.26.090(2), RCW 52.12.031 (3), (6) and (7) and chapter 39.34 RCW. B. Activity/Operation: 1. SERVICE PROVIDERS FOLLOWING 2023 RFA PLAN EFFECTIVE DATE: FIRE PREVENTION SERVICES a. On the effective date of the 2023 RFA Plan, Fire Prevention Services within the boundaries of the RFA shall be provided as follows: Within the City Kent. The RFA will provide Fire Prevention Services to the City of Kent pursuant to an interlocal agreement. (ii). Within the City of Covington, the RFA intends to provide Fire Prevention Services to the City of Covington pursuant to an interlocal agreement. (iii). Within the City Tukwila. The RFA will provide Fire Prevention Services to the City of Tukwila pursuant to an interlocal agreement. (iv). Within unincorporated King County. King County shall provide Fire Prevention Services, unless the RFA enters into an interlocal with King County to provide such services. ( 19 ) Commented [KLS20]: Is the intent to only call out Participating Jurisdictions here? I notice that 1.1.a.v provides generally that: "The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board." I notice that City of Covington is called out, but not City of SeaTac or City of Maple Valley. This seems inconsistent without a discernable pattern. Please resolve the inconsistency. Commented [BS21R20]: The City of Covington is included because it is not a Contractual Jurisdiction, it is annexed into King 37 which is a participating jurisdiction. SeaTac and Maple Valley Fire are Contractual Jurisdictions. I believe this is a consistent and clear approach, but am open to further discussion if necessary. 31 (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 1.2. FIRE INVESTIGATION SERVICES: a. On the effective date of the 2023 RFA Plan, Fire Investigation Services within the boundaries of the RFA shall be provided as follows: (i). Within the City Kent. The RFA will provide Fire Investigation Services to the City of Kent pursuant to an interlocal agreement. (ii). Within the City of Covington. The RFA will provide Fire Investigation Services to the City of Covington pursuant to an interlocal agreement. (iii). Within the City Tukwila. The RFA will provide Fire Investigation Services to the City of Tukwila pursuant to an interlocal agreement. (iv). Within unincorporated King County. King County shall provide Fire Investigation Services unless the RFA enters into an interlocal with King County to provide such services. Commented [KLS22]: Same comment as 1.1 above. J Commented [BS23R22]: See reply above (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 1.3. EMERGENCY MANAGEMENT SERVICES. {Commented [KLS24]: Same comment as 1.1 above. 1.4. a. On the effective date of the 2023 RFA Plan, Emergency Management Services within the boundaries of the RFA shall be provided as follows: Within the City Kent. The RFA will provide Emergency Management Services to the City of Kent pursuant to an inter -local agreement. (ii). Within the City of Covington. Covington shall remain the provider of Emergency Management Services. (iii). Within the City Tukwila. Tukwila shall remain the provider of Emergency Management Services. (iv). Within unincorporated King County. King County shall remain the provider of Emergency Management Services. (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. PUBLIC EDUCATION SERVICES. 32 20 ) Commented [BS25R24]: See reply above. Commented [KLS26]: Same comment as 1.1 above. Commented [BS27R26]: See Reply above a. On the effective date of the creation of the RFA, the RFA shall provide Public Education Services throughout the jurisdiction of the RFA. b. The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 2. (PROVISION OF SERVICES a. The RFA Fire Prevention and Emergency Management Divisions shall be organized as provided in Appendix C of this RFA Plan. b. The City of Kent shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Kent. c. The City of Covington shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Covington. d. The City of Tukwila shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Tukwila. e. The City of Kent, the City of Covington and the City of Tukwila shall retain code enforcement authority in accordance with Washington State Law within their respective jurisdictions and, except as provided in the interlocal agreements, shall provide the necessary legal and police support for enforcement of code enforcement issues. f. The City of Kent, the City of Covington and the City of Tukwila shall retain fire investigation authority in accordance with Washington State Law within their respective jurisdictions and, except as provided in the interlocal agreements, shall provide the necessary legal and police support for enforcement of fire investigation issues. g. The City of Kent, the City of Covington and the City of Tukwila shall retain emergency management authority in accordance with Washington State Law and, except as provided in the interlocal agreements, shall provide legal and police support as needed to provide emergency management services ( 21 ) Commented [KLS28]: Same comment as 1.1 above. What about SeaTac? Maple Valley? Commented [BS29R28]: See Reply above. 33 APPENDIX A Jurisdictional Boundaries 22 34 Commented [BS30]: Need Map. ( 23 ) Revised: 01/05/2010 35 APPENDIX C Organizational Structure Regionarl Fire Govern IngBoard en F re Departme Mimi[ration[ration ecue As As an Administat e Secretary Administrative Sec e Rnmin/Support Services Division Division Chief Support Srvcs SpeciSpecialistlll sulpemsoe Me`5'hic E ,,I son<hiefmt Program Manager Emergency Management Specialist cooNm Dili Battalion Chief Prevention Division Division Chief Administrative AdministrativeAssistant 2 Secretary 2 Administrative Secretary l Operations Deputy Tnlninp Battalion CM1Ie Training Offcm- Cap n rCaptain u5penaliRc ting nee. Piannl.g Un Carte n Technolog Coo d nato Planning Data Coordinator Public EduPio Captain Public Education Specialist O 2. Planning Senior Systems Analyst re Et Arson Investigation Captain Fire Arson Firefighter DeService CCxpteln Ce ed ans ewer ope A2jons B/C M1lk Operation captain operation IreflgM1te Cade Enforce. Asst. F.M. Captain Certified Inspectors Operations B/C Operations B/C B Shift Shirt (z) (2) Operations Operations Captain Captain (e) opemtlons Flr (OS)[er (35) Operations (Fireg35)em Station >S Station 7 Station >0 Station >5 S a on 76 Station 77 S on 78 OgiS60s LEMS Strop re Inventory Speclist 5uTie '/Mail 36 ( 24 ) Commented [BS31]: update Reference and cross references to Appendix B if recommendation to remove benefit charge formula is approved. Commented [BS32]: Asset Transfer Appendices will be retained as part of original and 2014 and 2017 amendments as an historical record but do not serve a purpose in the 2023 Amendment. ( 25 ) 37 38 COUNCIL AGENDA SYNOPSIS kv)* 4 f Initials ITEM No. ' ,7 `� Meeting Date Prepared by Mayor's review Council review 1����(% 0 2/27/23 SH S Pec 2.C. \\......., 1908 ITEM INFORMATION STAFF SPONSOR: STACY HANSEN ORIGINAL AGENDA DATE: 2/27/23 AGENDA ITEM TITLE Human Services Contracts over $40,000 CATEGORY ❑ Discussion Mtg Date II Motion Mtg Date 2/27/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mi Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ►1 Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ P11 SPONSOR'S Staff is asking Council to authorize the Mayor's signature on six Human Services contracts SUMMARY that total over $40,000 each. These contracts were approved for funding as a part of the Council adopted 2023-24 budget. REVIEWED BY ❑ Trans&Infrastructure Svcs 1 ❑ LTAC ❑ DATE: 2/13/23 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPoNsoR/ADMIN. Administrative Services Department COMMITTEE Unanimous Approval; Forward to Consent at Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $499,356 $499,356 $ Fund Source: GENRAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 2/27/23 Informational memo dated 2-3-23 6 Human Services Contracts over $40,000 Over $40,000 contract/program spreadsheet Minutes from the 2/13 Community Services & Safety Committee meeting 39 40 W i City of Tukwila Allan Ekberg, Mayor 19oa INFORMATIONAL MEMORANDUM TO: Community Services and Safety BY: Stacy Hansen, Human Services Program Coordinator CC: Mayor Ekberg, David Cline DATE: February 3, 2023 SUBJECT: Human Services Contracts over $40,000 for the 2023-23 funding cycle ISSUE Human Services contracts with community-based organization to support residents' human services needs. Six contracts are above the Mayor's signature authority and require Council authorization. BACKGROUND These Human Services program contracts are part of the larger, 2023-2024 Administrative Services Department budget. As done previously, each contract is for a two-year period. Information on the contracts above the threshold, including agency, program and budget are detailed below: DISCUSSION Two-year Contract/Program Contract total Catholic Community Services (emergency assistance) $50,000.00 Childhaven (youth support services) $70,000.00 Children's Therapy Center (youth medical services) — Joint MOU $142,356.00 Multi -Service Center (emergency assistance) $94,000.00 Refugee Women's Alliance (family support services) $63,000.00 Tukwila Pantry (food distribution) $80,000.00 2 -year total for all contracts combined $499,356.00 FINANCIAL IMPACT Funding for these contracts was approved as part of the Administrative Services budget for the 2023-2024 biennial budget. RECOMMENDATION The Committee is being asked to forward the contract authorization request to the consent agenda at the February 27, 2023, Special Meeting. ATTACHMENTS 2023/24 HS Contracts over $40,000 spreadsheet Proposed - Catholic Community Services contract Proposed - Childhaven Youth Services contract Proposed - Children's Therapy Center (Tukwila is Lead on MOU) contract Proposed - Multi -Service Center contract Proposed - Refugee Women's Alliance contract Proposed - Tukwila Pantry contract 41 42 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Catholic Community Services, hereinafter referred to as "the Contractor," whose principal office is located at 100 23rd Ave. S., Seattle, WA 98144. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $25,000 for 2023 and $25,000 for 2024. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2023, and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 6 43 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 6 44 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record KeeDina and ReDortinq. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 6 45 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20_ CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Bill Hallerman, ED Address: 100 23rd Ave. S., Seattle, WA 98144 CA Revised May 2020 Page 4 of 6 46 Exhibit A Scope of Services City of Tukwila 2023-2024 Program Services Agreement Agency: Catholic Community Services 2023 Funding: $25,000.00 Program: Emergency Assistance Program 2024 Funding: $25,000.00 Effective Date: January 1, 2023 — December 31, 2024 Total: $50,000.00 Definition of Service Unit: Emergency financial assistance to low-income residents to assist with meeting basic needs including shelter and a variety of utilities (electricity, water, sewer, gas, septic, etc.). Quarter Service Unit # of Units Cumulative Total 1st Unduplicated City of Tukwila residents served 6 Number of vouchers written 3 $6250 2nd Unduplicated City of Tukwila residents served 8 Number of vouchers written 4 $6250 3rd Unduplicated City of Tukwila residents served 8 Number of vouchers written 4 $6250 4th Unduplicated City of Tukwila residents served 8 Number of vouchers written 4 $6250 ANNUAL GOALS Unduplicated Tukwila Residents Number of vouchers written 30 15 $25,000 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. Personnel/Operations $12,500.00 Non-Personnel/direct financial assistance $12,500.00 Budget/Award annual award $25,000.00 CA Revised May 2020 Page 5 of 6 47 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 93% of households will avoid eviction and/or utility shut off. Measurement: Upon completion of intake, the case manager communicates with the landlord and/or utility company to ensure that payment from the Emergency Assistance program is going to prevent eviction and retain housing and/or keep the utilities on in their home. This result is then documented in our Clarity database system. QUARTERLY REPORTS DUE DATES 1St thru 3rd quarter reports 1St = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st 2024 / January 31st 2025 CA Revised May 2020 Page 6 of 6 48 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Childhaven, hereinafter referred to as "the Contractor," whose principal office is located at 1035 SW 124" St., Seattle, WA 98146. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $35,000 for 2023 and $35,000 for 2024. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2023, and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 6 49 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 6 50 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record KeeDina and ReDortinq. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 6 51 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20_ CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Jon Botten, CEO Address: 1035 SW 124th St. Seattle, WA 98146 CA Revised May 2020 Page 4 of 6 52 Exhibit A Scope of Services City of Tukwila 2023-2024 Program Services Agreement Agency: Childhaven 2023 Funding: $35,000.00 Program: Continuum of Care 2024 Funding: $35,000.00 Effective Date: January 1, 2023 — December 31, 2024 Total: $70,000.00 Definition of Service Unit: School-based behavioral health services in all Tukwila schools. Therapists will work with students and their family members to address a variety of emotional and behavioral issues. TBD 2-7-23 Quarter Service Unit # of Units Quarterly amount 1st Unduplicated City of Tukwila residents served Hours of counseling Include Tukwila specific narrative $8750.00 2nd Unduplicated City of Tukwila residents served Hours of counseling Include Tukwila specific narrative $8750.00 3rd Unduplicated City of Tukwila residents served Hours of counseling Include Tukwila specific narrative $8750.00 4th Unduplicated City of Tukwila residents served Hours of counseling Include Tukwila specific narrative $8750.00 Annual Goals Unduplicated residents Hours of counseling $35,000 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. Personnel/Operations $35,000 Non -Personnel $ Budget/Annual Award total $35,000 CA Revised May 2020 Page 5 of 6 53 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 70% of behavioral health clients (youth with emotional and/or behavioral disturbance) will develop/strengthen coping skill to improve their behavioral health. Measurement: Monthly tracking process for specific goals identified in individual treatment plans. Goals are reviewed monthly by the client and clinician to assess progress and success rate in meeting the goal. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st 2024 / January 31st 2025 CA Revised May 2020 Page 6 of 6 54 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Children's Therapy Center, hereinafter referred to as "the Contractor," whose principal office is located at 10811 SE Kent-Kangley Road, Kent, WA, 98030. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, WHEREAS, the City is a party to a Memorandum of Understanding Between the Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Renton, and Tukwila (Lead City) for Planning, Funding, and Implementation of a Joint Human Services Application and Funding Program (the "MOU"); and IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $7,500.00 for 2023 and $7,500.00 for 2024. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2023, and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised May 2020 Page 1 of 7 55 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidence limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage CA Revised May 2020 Page 2 of 7 56 maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. CA Revised May 2020 Page 3 of 7 57 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20_ CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: By: Printed Name and Title: Janet Bliss, CFO Address: 10811 SE Kent — Kangley Rd Kent, WA 98030 Office of the City Attorney CA Revised May 2020 Page 4 of 7 58 Exhibit A 2023-2024 Service Report Joint MOU for Auburn, Burien, Covington, Des Moines, Federal Way, Renton, Tukwila To: City of Tukwila Stacy Hansen, Human Services 6200 Southcenter Blvd. Tukwila, WA 98188 stacy.hansen cr tukwilawa.gov, 206-433-7180 Agency: Children's Therapy Center Kelli Nakayama 10811 SE Kent-Kangley Kent, WA 98030 kellin .ctckids.orq, 253-216-0772 The Agency shall provide residents in the MOU cities of Tukwila, Auburn, Burien, Covington, Des Moines, Federal Way & Renton (the "Cities") with a variety of necessary therapeutic services, including but not limited to: Physical therapy, occupational therapy, speech therapy, oral motor/feeding, social skills, aquatic & hippotherapy, fitness center group, early intervention, parent education. 2023-2024 SERVICE UNITS Auburn Performance Measures $15,000 Annual Goal Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 50 13 13 12 12 Number of Medical Care Visits 100 25 25 25 25 Burien Performance Measures $8,500 Annual Goal Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 29 8 7 7 7 Number of Medical Care Visits 57 15 14 14 14 Covington Performance Measures $15,000 Annual Goal Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 50 13 13 12 12 Number of Medical Care Visits 100 25 25 25 25 Des Moines Performance Measures $6,750 Annual Goal Goal 1St Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 23 6 6 6 5 Number of Medical Care Visits 45 12 11 11 11 Federal Way Performance Measures $8,000 Annual Goal Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 27 7 7 7 6 Number of Medical Care Visits 53 14 13 13 13 Renton Performance Measures $10,428 Annual Goal Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 35 9 9 9 8 Number of Medical Care Visits 70 18 18 17 17 CA Revised May 2020 Page 5 of 7 59 Tukwila Performance Measure $7,500 Annual Goal Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 25 7 6 6 6 Number of Medical Care Visits 50 13 13 12 12 The City of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. Personnel/Operating $71,178.00 Non -Personnel Budget/Annual award total $71,178.00 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: At least 75% children aged 3 to 18 who receive at least 16 weeks of CTC services will have completed or made significant progress towards their goals. Measurement: Data for this objective will come from CTC's electronic health records (EHR) system. Progress toward goals will be taken from the child's progress notes, which are completed by the child's therapist at the end of the child's service delivery period. The therapist will assess whether the child completed, made significant progress toward, made some progress toward, or made no progress toward their goals. Quarterly Reports: The Agency shall prove to the City of Tukwila with quarterly reports outlining the Agency's progress in meeting these performance measures. These quarterly reports shall describe the services provided specifically to each of the Cities. These quarterly reports shall be provided on the due dates specified below. QUARTERLY REPORTS DUE DATES 1St thru 3rd quarter reports 1St = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31St, 2024 / January 31st 2025 CA Revised May 2020 60 Page 6 of 7 Regular Monitoring Visit: The Agency shall allow the City to conduct a regular monitoring visit to the Agency, at a date and time agreeable to the parties. Joint MOU Cities OPERATING BUDGET FOR 2023-24 PLANNED QUARTERLY EXPENDITURES CHILDREN'S THERAPY CENTER ANNUAL BUDGET SUMMARY ANNUAL AWARD QUARTERLY AWARD AUBURN $15,000.00 $3750.00 BURIEN $8,500.00 $2125.00 COVINGTON $15,000.00 $3750.00 DES MOINES $6,750.00 $1,687.50 FEDERAL WAY $8,000.00 $2000.00 RENTON $10,428.00 $2607.00 TUKWILA (LEAD) $7,500.00 $1875.00 TOTAL $71,178.00 $17,794.50 CA Revised May 2020 Page 7 of 7 61 62 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Multi Service Center, hereinafter referred to as "the Contractor," whose principal office is located at 1200 S. 336th St., Federal Way, WA 98003. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $47,000 for 2023 and $47,000.00 for 2024. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2023, and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 6 63 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 6 64 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record KeeDina and ReDortinq. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 6 65 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. shz 66 DATED this day of , 20_ CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Robin Corak, CEO Address: CA Revised May 2020 Page 4 of 6 Exhibit A Scope of Services City of Tukwila 2023-2024 Program Services Agreement Agency: Multi Service Center 2023 Funding: $47,000.00 Program: Emergency Assistance Program 2024 Funding: $47,000.00 Effective Date: January 1, 2023 — December 31, 2024 Total: $94,000.00 Definition of Service Unit: Emergency assistance vouchers Quarter Service Unit 1st Unduplicated City of Tukwila residents served 8 Number of vouchers written 6 Include Tukwila specific narrative 2nd Unduplicated City of Tukwila residents served 12 Number of vouchers written 11 3rd Unduplicated City of Tukwila residents served 12 Number of vouchers written 11 Include Tukwila specific narrative 4th Unduplicated City of Tukwila residents served 7 Number of vouchers written 5 ANNUAL GOALS Unduplicated Tukwila Residents Number of vouchers written 39 33 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. 2023 & 2024 Personnel Non-Personnel/Direct financial assistance Budget/Award annual total $47,000.00 Demographic and Outcome Data Report CA Revised May 2020 Page 5 of 6 67 The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 75% of households served are stable six months after receiving MSC services and do not return to homeless or unstable living situations. Measurement: This outcome is measured through client records that are collected through MSC contacting households six months after services have been received to do a follow up assessment with them. If staff are not able to contact clients who received rental assistance, MSC staff will contact the landlord to determine if the client still resides at the property and if the landlord has forwarding information if they have moved. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31St, 2024 / January 31th 2025 CA Revised May 2020 Page 6 of 6 68 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Refugee Women's Alliance, hereinafter referred to as "the Contractor," whose principal office is located at 4008 Martin Luther King Jr. Way S., Seattle, WA 98108. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $31,500.00 for 2023 and $31,500.00 for 2024. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2023, and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 6 69 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 6 70 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record KeeDina and ReDortinq. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 6 71 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20_ CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Mahnaz Eshetu, ED Address: 4008 Martin Luther King Jr. Way S. Seattle, WA 98108 CA Revised May 2020 Page 4 of 6 72 Exhibit A Scope of Services City of Tukwila 2023-2024 Program Services Agreement Agency: Refugee Women's Alliance 2023 Funding: $31,500.00 Program: Basic Needs 2024 Funding: $31,500.00 Effective Date: January 1, 2023 — December 31, 2024 Total: $63,000.00 Definition of Service Unit: Number of case management hours. Case management services include: advocacy for services, barrier removal, housing assistance, referrals to health, employment and social service referrals, system navigation, job skills, self-sufficiency coaching, family integration with new community. Quarter Service Unit # of Units 2023/24 Quarterly Billable 1st Unduplicated City of Tukwila residents served 20 Number of hours of case management 133 $7875.00 2nd Unduplicated City of Tukwila residents served 20 Number of hours of case management 133 $7875.00 3rd Unduplicated City of Tukwila residents served 19 Number of hours of case management 133 $7875.00 4th Unduplicated City of Tukwila residents served 19 Number of hours of case management 132 $7875.00 ANNUAL GOALS Unduplicated Tukwila Residents Hours of case management 78 531 $31,500 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. 2023 & 2024 Personnel/Admin Non-Personnel/Direct Services Budget/Annual award total $31,500.00 CA Revised May 2020 Page 5 of 6 73 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 85% of participants will have increased knowledge of available resources and support in accessing them. Measurement: ReWA's database, case manager records the number of clients served, and number of case management hours that each client receives. Case manager tracks the services provided to clients, referrals made to other programs, client gains in employment and housing, and increase in benefits such as Basic Food and TANF. - Case manager records the number of clients receiving emergency assistance funds and the amount of emergency assistance funds administered to each client. QUARTERLY REPORTS DUE DATES 1St thru 3rd quarter reports 1St = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31St, 2024 / January 31ST 2025 CA Revised May 2020 Page 6 of 6 74 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Tukwila Pantry, hereinafter referred to as "the Contractor," whose principal office is located at 3118 S. 140th St., Tukwila, WA, 98168. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $40,000.00 for 2023 and $40,000.00 for 2024. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2023, and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 6 75 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 6 76 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record KeeDina and ReDortinq. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 6 77 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. shz 78 DATED this day of , 20_ CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Jan Bolerjack, Reverend Address: 3118 S. 140th St. Tukwila, WA 98168 CA Revised May 2020 Page 4 of 6 Exhibit A Scope of Services City of Tukwila 2023-2024 Program Services Agreement Agency: Tukwila Pantry 2023 Funding: $40,000.00 Program: Tukwila Pantry food distribution services 2024 Funding: $40,000.00 Effective Date: January 1, 2023 — December 31, 2024 Total: $80,000.00 Definition of Service Unit: Report number of unduplicated Tukwila residents. Report pounds of food distributed to all Tukwila residents. * No goal set — `report on' function. * Narrative due quarterly on trends and needs. Quarter Service Unit # of Units Quarterly Billable 2023/24 1st Unduplicated City of Tukwila residents served Report on Number of pounds of food distributed Report lbs. $10,000.00 2nd Unduplicated City of Tukwila residents served Report on Number of pounds of food distributed Report lbs. $10,0000.00 3rd Unduplicated City of Tukwila residents served Report on Number of pounds of food distributed Report lbs. $10,0000.00 4th Unduplicated City of Tukwila residents served Report on Number of pounds of food distributed Report lbs. $10,000.00 ANNUAL GOALS UNDUPLICATED TUKWILA RESIDENTS POUNDS OF FOOD DISTRIBUTED REPORT ON REPORT ON $40,000.00 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. 2023 & 2024 Personnel $40,000.00 Non -Personnel $ Budget/Annual award total $40,000.00 CA Revised May 2020 Page 5 of 6 79 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 31 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 80% of our clients report that the Tukwila Pantry supplements their monthly food supply. Measurement: We will collect this information via an annual survey. That annual written survey provides feedback that shows most people report that the TP supplements their monthly food supply. We make that survey available in as many languages as we can. 90% of the people report they have been treated with dignity and found the supplies they needed to assist their families. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31St, 2024 / January 31st 2025 CA Revised May 2020 Page 6 of 6 80 Agency/Program annual total biennial total 1 Catholic Community Services/Emergency Assistance $25,000 $50,000 2 Childhaven/Student support $35,000 $70,000 3 Children's Therapy Center/Medical services $71,178 $142,356 4 Multi Service Center/Emergency Assistance $47,000 $94,000 5 Refugee Women's Alliance/Family Support Center $31,500 $63,000 6 Tukwila Pantry/Food, basic needs $40,000 $80,000 Totals $249,678 $499,356 81 82 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes February 13, 2023 , 2023- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Staff Present: Guests: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp Rachel Bianchi, Stacy Hansen, Laurel Humphrey, Eric Dreyer, Eric Lund, Pete Mayer, Tiffany Johnson Tim Anderson, Rebecca Smokoska, Regional Animal Services of King County Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. 2023-2024 Human Services Contracts Staff is seeking Council approval of the 2023-2024 Human Services Contracts already approved *in the biennial budget but above $40K. Item(s) for follow-up: Provide link to Sharel, the application portal for providers. Committee Recommendation: Unanimous approval. Forward to February 27, 2023 Special Consent Agenda. B. Ordinance: Animal Control Regional Animal Services of King County has requested the City of Tukwila update Tukwila Municipal Code Title 7, "Animals," so that it can provide consistent services and have adequate enforcement tools. Committee Recommendation: Unanimous approval. Forward to February 27, 2023 Special Consent Agenda. C. 2022 4th Quarter Police Department Report Chief Dreyer presented the report. Committee Recommendation: Discussion only. D. 2023 Committee Work Plan Committee members discussed the items planned for the year ahead. Committee Recommendation: Discussion only. 83 84 COUNCIL AGENDA SYNOPSIS kv)* 4 f Initials ITEM No. ' ,7 `� Meeting Date Prepared by Mayor's review Council review 1����(% 0 2/27/23 DR v� Spec 2.D. iwo 1908 ITEM INFORMATION STAFF SPONSOR: DALE ROCK ORIGINAL AGENDA DATE: 2/27/23 AGENDA ITEM TITLE Animal Control Ordinance Changes CATEGORY 11 Mtg Discussion Date 2/27/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date 11 Mtg Ordinance Date2/27/23 ❑ Bid Award AI tg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R 11 Police ❑ PIS SPONSOR'S King County Regional Animal Control provides animal control services for the City of SUMMARY Tukwila. Inconsistent laws between the City's code and the county's code (KCC Title 11) make it difficult to enforce violations in the City. By incorporating by reference the entirety of King County Title 11, Animal Control Officers will be able to provide consistent services throughout the City and King County. Request that Council approve the repeal of ordiannce number 2466 and 2651, as codified in TMC Title 7 and reenact Title 7 as proposed. REVIEWED BY ❑ Trans&Infrastructure Svcs ►4 ❑ LTAC ❑ DATE: 2/13/23 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONsoR/ADMIN. Community Services and Safety Committee COMMITTEE Unanimous Approval; Forward to Special Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $ $ Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/27/23 MTG. DATE ATTACHMENTS 2/27/23 Informational Memorandum dated 2/6/23 Draft Ordinance Change Request from King County Minutes from the 2/13/23 Community Services and Safety Committee meeting 85 86 W i City of Tukwila Allan Ekberg, Mayor 19oa INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Chief Eric Dreyer BY: Commander Dale Rock CC: Mayor Ekberg DATE: February 6, 2023 SUBJECT: Changes to TMC Title 7 ISSUE The Police Department is seeking committee approval to repeal ordinance numbers 2466 and 2651, as codified in Tukwila Municipal Code (TMC) Title 7, "Animals," and reenact TMC Title 7 to adopt by reference King County Code Title 11 and retain two existing sections of Title 7. BACKGROUND The City of Tukwila contracts with King County Regional Animal Control for animal control services. TMC Title 7 has sections that are not consistent with King County Code Chapter 11. These inconsistencies make it difficult for Animal Control Officers to provide equitable and consistent services in the areas that they serve. Our objective is to ensure the TMC provides clear guidance to ensure that King County Regional Animal Control has the tools they need to appropriately regulate animals within the City. DISCUSSION King County Regional Animal Control provides animal control services for the city of Tukwila. Inconsistent laws between the City's code and the County's code (KCC Title 11) make it difficult for King County Animal Control to enforce violations in the city. By incorporating by reference the entirety of King County Title 11, Animal Control Officers will be able to provide consistent services throughout the city and King County. Besides promoting consistency in the laws, TMC Title 7 has chapters that are obsolete, such as regulations specific to exotic animals and guard dogs, that should be repealed. Additionally, TMC Title 7 has a chapter on dangerous dogs and another on vicious animals which creates confusion and redundancy and makes it challenging for King County Animal Control to determine which chapter is applicable. In a recently appealed decision of the King County Animal Control, the hearing examiner found for the appellant/dog owner because of inconsistencies between the TMC and KCC. The owner had been cited by King County Animal Control for letting his dog run at large, which under the KCC Title 11 is a violation. However, under TMC Title 7, which applied in this case as the dog was in Tukwila, the code only identifies "at large" violations to be in public parks, beaches, playgrounds, school, and food establishments. Since the dog had been cited for running "at large" generally, the hearing examiner overturned the citation. Clarifying these types of code inconsistencies by repealing the TMC and relying on the KCC ensures that the Animal Control Officers can easily and clearly enforce the code, which better ensures the safety of the public. {EFM2727195.DOCX;2/13175.000001/ 87 INFORMATIONAL MEMO Page 2 The two chapters that TPD proposes to retain are two sections that King County Animal Control does not regulate (existing TMC chapter 7.08 — Livestock, Small Animals and Fowl, and existing TMC chapter 7.30 — Animal Feces). TPD proposes to retain these chapters and renumber them to ensure city code enforcement officers, can enforce those provisions as needed. FINANCIAL IMPACT There is no financial impact by making changes to the Tukwila Municipal Code. RECOMMENDATION Request that the Committee approve the repeal of ordinance numbers 2466 and 2651, as codified in Tukwila Municipal Code (TMC) Title 7, "Animals," and reenact TMC Title 7 as proposed, and forward to the 2/27/23 Committee of the Whole meeting and the 3/6/23 Regular meeting. ATTACHMENTS Ordinance with strike -through Ordinance change request from King County {EFM2727195.DOCX;2/13175.000001/ }https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Police/Animal control ordinance amendment -Info memo.docx 88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2466 AND 2651, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 7, "ANIMALS"; REENACTING TMC TITLE 7 TO ADOPT BY REFERENCE KING COUNTY CODE TITLE 11; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2015 the Tukwila City Council approved Ordinance No. 2466, which established City regulations for animals including for exotic animals, guard dogs, and dangerous dogs, as codified in Title 7, "Animals," of the Tukwila Municipal Code; and WHEREAS, in 2021 the Tukwila City Council approved Ordinance No. 2651, which established additional enforcement procedures related to animal control; and WHEREAS, the City contracts with Regional Animal Services of King County to provide animal control services; and WHEREAS, the King County Council has separate regulations regarding animal care and control as codified in King County Code (KCC) Title 11; and WHEREAS, Regional Animal Services of King County has requested that the City adopt the regulations codified in KCC Title 11 so as to provide for broader authority regarding animal control services; and WHEREAS, the proposed revisions to Tukwila Municipal Code Title 7, "Animals," are necessary to align the TMC with current animal care and control regulations, as enforced by Regional Animal Services of King County, and is in the best interest of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2466 and 2651, as codified in Tukwila Municipal Code (TMC) Title 7, "Animals," are hereby repealed in their entirety, thereby eliminating the following chapters of the Tukwila Municipal Code: CC:\Legislative Development\Animal Care and Control -Title 7 strike-thru 2-2-23 EM:AY Review and analysis by Andy Youn Page 1 of 8 89 Chapter 7.08 — Livestock, Small Animals and Fowl Chapter 7.10 — Exotic Animals Chapter 7.12 — Animal Care and Control Regulations Chapter 7.16 — Dangerous Dogs Chapter 7.18 — Guard Dogs Chapter 7.20 — Dogs at Large and Leashes Chapter 7.30 — Animal Feces Section 2. TMC Title 7 Reenacted. TMC Title 7 is hereby reenacted to read as follows: Chapters: 7.01 7,087.05 7.10 7.12 7.16 7.18 7.20 -7—.307.10 TITLE 7 ANIMAL CARE AND CONTROL General Provisions Livestock, Small Animals and Fowl Exotic Animals Animal Care and Control Regulations Dangcrous Dogs Guard Dogs Dogs at Largc and L ashes Animal Feces Section 3. TMC Chapter 7.01 Established. TMC Chapter 7.01 is hereby established to read as follows: CHAPTER 7.01 GENERAL PROVISIONS Sections: 7.01.010 Regulations Section 4. TMC Section 7.01.010 Established. TMC Section 7.01.010 is hereby established to read as follows: 7.01.010 Regulations All statutes of King County Code Title 11, as now in effect or as may be subsequently amended or recodified, are hereby adopted by reference. Section 5. TMC Chapter 7.05 Established. TMC Chapter 7.08 is hereby reenacted and recodified as TMC Chapter 7.05, which shall read as follows: CHAPTER 7487.05 LIVESTOCK, SMALL ANIMALS AND FOWL Sections: 7.08.0107.05.010 Chapter compliance required CC:\Legislative Development\Animal Care and Control -Title 7 strike-thru 2-2-23 EM:AY Review and analysis by Andy Youn Page 2 of 8 90 7.08.0207.05.020 7.08.0307.05.030 7.08.0407.05.040 7.08.0507.05.050 7.08.0607.05.060 7.08.0707.05.070 7.08.0807.05.080 7.08.0907.05.090 7.084007.05.100 7.08.1107.05.110 7.08.1207.05.120 7.08.1307.05.130 X084407.05.140 7.08.1507.05.150 Livestock defined Small animals and fowl defined Animals kept as pets Roosters prohibited Enclosure construction Maintaining swine within City limits Minimum area for keeping animals Number of animals per property area size Distance from any dwelling One building per parcel for housing Nuisance prohibited Manure removal Enforcement Exemptions Section 6. TMC Section 7.05.010 Established. TMC Section 7.08.010 is hereby reenacted and recodified as TMC Section 7.05.010, which shall read as follows: 7.08.0407.05.010 Chapter compliance required It is unlawful for any person, persons, firm or corporation to keep or maintain livestock, small animals or fowl within the City limits, except as provided in this chapter and TMC Title 18. If there is a conflict between a provision of this chapter and a provision in TMC Title 18, the provision in TMC Title 18 shall control. Section 7. TMC Section 7.05.020 Established. TMC Section 7.08.020 is hereby reenacted and recodified as TMC Section 7.05.020, which shall read as follows: 7.08.0207.05.020 Livestock defined "Livestock," where used in this chapter, means and includes horses, mules, ponies, cattle, sheep, goats, llama, oxen and swine. "Large livestock," where used in this chapter, means and includes cattle, goats, llama, oxen and swine. "Small livestock," where used in this chapter, means and includes sheep and goats smaller than 24 inches at the shoulder and/or not more than 150 pounds in weight. Section 8. TMC Section 7.05.030 Established. TMC Section 7.08.030 is hereby reenacted and recodified as TMC Section 7.05.030, which shall read as follows: 7.08.0307.05.030 Small animals and fowl defined "Small animals and fowl," where used in this chapter means and includes rabbits, chinchillas, chickens, geese, ducks, turkeys, peafowl and pigeons. Section 9. TMC Section 7.05.040 Established. TMC Section 7.08.040 is hereby reenacted and recodified as TMC Section 7.05.040, which shall read as follows: 7.08.0407.05.040 Animals kept as pets CC:\Legislative Development\Animal Care and Control -Title 7 strike-thru 2-2-23 EM:AY Review and analysis by Andy Youn Page 3 of 8 91 Dogs, cats, guinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar animals kept as household pets within a dwelling unit will not be subject to the limitations of this chapter. Dogs and cats are regulated by TMC Section 7.12 .01.010. Section 10. TMC Section 7.05.050 Established. TMC Section 7.08.050 is hereby reenacted and recodified as TMC Section 7.05.050, which shall read as follows: 7.08.0507.05.050 Roosters prohibited The keeping of roosters within the City limits is prohibited. Section 11. TMC Section 7.05.060 Established. TMC Section 7.08.060 is hereby reenacted and recodified as TMC Section 7.05.060, which shall read as follows: 7.08.0607.05.060 Enclosure construction All livestock, small animals and fowl shall be kept within an enclosure adequately built and maintained to prevent the livestock, small animals and fowl from breaking through, out, over or under the same. All pens, coops, hutches and housing of any kind used for the housing of livestock, small animals and fowl must be built to include siding or shakes or their equivalent, and must be painted or stained to appear presentable. Section 12. TMC Section 7.05.070 Established. TMC Section 7.08.070 is hereby reenacted and recodified as TMC Section 7.05.070, which shall read as follows: 7.08.0707.05.070 Maintaining swine within City limits Swine may be kept or maintained within the City limits provided they are kept within an enclosure as herein described, the outside limits of which shall be not less than 200 feet from the nearest residence. Section 13. TMC Section 7.05.080 Established. TMC Section 7.08.080 is hereby reenacted and recodified as TMC Section 7.05.080, which shall read as follows: 01.05.080 Minimum area for keeping animals With the exception of chickens, no horses, mules, ponies, small livestock, small animals or fowl shall be kept on any property within the City limits where the parcel does not contain a minimum of 10,000 square feet of area, or other minimum area as set forth in this chapter. Chickens may be kept as an accessory to any legal use regardless of the area of the parcel. No large livestock shall be kept on any property within the City limits where the parcel does not contain a minimum of 43,560 square feet (one acre) of area. At least 20,000 square feet of pasture area is required for keeping a horse, mule or pony in the City. Section 14. TMC Section 7.05.090 Established. TMC Section 7.08.090 is hereby reenacted and recodified as TMC Section 7.05.090, which shall read as follows: 7,08,0907.05.090 Number of animals per property area size A. Small animals and fowl shall be permitted in numbers as follows: CC:\Legislative Development\Animal Care and Control -Title 7 strike-thru 2-2-23 EM:AY Review and analysis by Andy Youn Page 4 of 8 92 1. Twelve rabbits, twelve chinchillas, twelve pigeons or any combination of rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000 square feet of property. 2. The number of rabbits, chinchillas or pigeons may be increased by 1/10th for each additional 1,000 square feet of property. 3. Six geese, six ducks, six peafowls, six turkeys or any combination of geese, ducks or turkeys, not to exceed a total of six collectively for 10,000 square feet of property. 4. The number of geese, ducks, peafowls or turkeys may be increased 1/10th for each additional 1,000 square feet of property. 5. One chicken per every 1,000 square feet of property. 6. At no time shall the total number of small animals or fowl exceed a total of twelve for each 10,000 square feet of property. B. Livestock shall be permitted in numbers as follows: 1. Not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above-mentioned animals shall be allowed on the same lot. 2. Two large livestock for each 43,560 square feet (one acre) of property. Additional large livestock requires an additional 43,560 square feet (one acre) of property. 3. Not more than 3 small livestock for each 10,000 square feet of property, but not more than a total of 6 of the above-mentioned animals shall be allowed on the same lot. Section 15. TMC Section 7.05.100 Established. TMC Section 7.08.100 is hereby reenacted and recodified as TMC Section 7.05.100, which shall read as follows: 7.08.1007.05.100 Distance from any dwelling Enclosures for the housing of small animals and fowl shall be built and located not less than 10 feet from any dwelling and property line. The roaming area for the small animals and fowl shall be fenced and located not less than 10 feet from any dwelling. Section 16. TMC Section 7.05.110 Established. TMC Section 7.08.110 is hereby reenacted and recodified as TMC Section 7.05.110, which shall read as follows: 7.08.1107.05.110 One building per parcel for housing Not more than one building for the housing of livestock, small animals or fowl shall be allowed on any one parcel. Section 17. TMC Section 7.05.120 Established. TMC Section 7.08.120 is hereby reenacted and recodified as TMC Section 7.05.120, which shall read as follows: CC:\Legislative Development\Animal Care and Control -Title 7 strike-thru 2-2-23 EM:AY Review and analysis by Andy Youn Page 5of8 93 7.08.1207.05.120 Nuisance prohibited No livestock, small animals or fowl shall be kept in such a manner that a condition resulting from same shall constitute a nuisance. Section 18. TMC Section 7.05.130 Established. TMC Section 7.08.130 is hereby reenacted and recodified as TMC Section 7.05.130, which shall read as follows: 7.08.1307.05.130 Manure removal A. All enclosures, confinement areas, and/or open run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of and any accumulated animal waste must not be stored within the parcel setback area. Any storage of animal waste must not constitute a nuisance. B. Manure shall not be allowed to collect in any place where it can prejudicially affect any source of drinking water. C. Manure, when used as a fertilizer, must be plowed or spaded under within 24 hours after application. Section 19. TMC Section 7.05.140 Established. TMC Section 7.08.140 is hereby reenacted and recodified as TMC Section 7.05.140, which shall read as follows: 7.08.1407.05.140 Enforcement Code Enforcement Officers for the City or any law enforcement officer shall be authorized to enforce this chapter, unless otherwise provided. Section 20. TMC Section 7.05.150 Established. TMC Section 7.08.150 is hereby reenacted and recodified as TMC Section 7.05.150, which shall read as follows: 7.08.1507.05.150 Exemptions A Residents may keep all animals legally owned and kept prior to the effective date of this ordinance, provided they do not constitute a nuisance. B. Any person, persons, firm or corporation who discontinues the keeping or reduces the number of livestock, small animals or fowl for a period of more than 90 days, or who sells or transfers his property, shall then become subject to all the provisions of this chapter. Section 21. TMC Chapter 7.10 Reenacted. TMC Chapter 7.30 is hereby reenacted and recodified as TMC Chapter 7.10, which shall read as follows: CHAPTER 7,30 ANIMAL FECES Sections: 7.30.0107.10.010 Definitions CC:\Legislative Development\Animal Care and Control -Title 7 strike-thru 2-2-23 EM:AY Review and analysis by Andy Youn 94 Page 6of8 7.30.0207.10.020 Animal Feces — Unlawful Accumulation and Requirement for Removal 7.30.0307.10.030 PcnaltiesEnforcement Section 22. TMC Section 7.10.010 Reenacted. TMC Section 7.30.010 is hereby reenacted and recodified as TMC Section 7.10.010, which shall read as follows: 7.30.0107.10.01U Definitions A. "City" shall mean the City of Tukwila. B. "Owner" means any person, firm, corporation, organization or department having an interest in or right of possession to an animal, or having control, custody or possession of an animal, including temporary possession or possession by reason of the animal being seen residing consistently at a location. C. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. Section 23. TMC Section 7.10.020 Reenacted. TMC Section 7.30.020 is hereby reenacted and recodified as TMC Section 7.10.020, which shall read as follows: 7.30.0207.10.020 Animal Feces — Unlawful Accumulation and Requirement for Removal A. It shall be a violation of this chapter for any owner to cause, permit or allow the accumulation of animal feces in any open area, run cage or yard wherein those animals are kept, or to fail to remove or dispose of feces at least once every seven days. The accumulation of animal feces in any quantity that constitutes a hazard to the health, safety or convenience of any persons, or that interferes with the use of or enjoyment of any neighboring property as a result of odors, visual blight, or attraction of insects or pests, constitutes a nuisance. B. It shall be a violation of this chapter for any person to fail to remove and properly dispose of the fecal matter deposited by a dog or other animal in his or her possession on public property such as park property, school grounds, public rights-of- way, or public easements or on private property that does not belong to the animal's owner or the person currently in possession of the animal. C. Any law enforcement officer shall have the authority to issue civil infractions under this provision. Section 24. TMC Section 7.10.030 Reenacted. TMC Section 7.30.030 is hereby reenacted and recodified as TMC Section 7.10.020, which shall read as follows: 7.30.0307.10.030 PeesEnforcement A. Violation, civil penalty. In addition to any other penalty provided in this title or by law, any person whose dog is maintained in violation of thin CC:\Legislative Development\Animal Care and Control -Title 7 strike-thru 2-2-23 EM:AY Review and analysis by Andy Youn Page 7of8 95 the first notice of violation, $75 for the sec $200 for each successive violation. B. Civil penalty, collection. . . . 1 The civil penalty described in TMC Section on behalf of King County, and the City Attorney, on behalf of the City, may collect the provided for by statute, the prevailing party in a collective action under this chapter may, Attorney is authorized to seek such costs, interest, and reasonable attorney's fees on behalf of the City or County when the City is the prevailing party. Code Enforcement Officers for the City or any law enforcement officer shall be authorized to enforce this chapter pursuant to the provisions in TMC Chapter 8.45. Section 25. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 25. 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 26. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC:\Legislative Development\Animal Care and Control -Title 7 strike-thru 2-2-23 EM:AY Review and analysis by Andy Youn 96 Page 8of8 King County Regional Animal Services of King County (RASKC) 21615 64th Ave. South 1 Kent, WA 98032 206-296-7387 1 pets@kingcounty.gov www.kingcounty.gov/pets TTY Relay: 711 To : Commander Rock, Tukwila PD From : Tim Anderson, Lead Animal Control Sergeant, Regional Animal Services of King County Date : January 25, 2023 RE : Tukwila Municipal Code 7 Regional Animal Services of King County (RASKC) respectfully requests the City to adopt King County title 11 by reference. RASKC has identified definition challenges between TMC and KCC which have an impact on enforcement cases, additionally adopting title 11 by reference will simplify enforcement for RASKC animal control officers and help community members with one consistent code. I would recommend the City keep 7.08 which applies to number of animals, lot size, prohibition of roosters and fowl (often this type of language is under zoning in other cities as well as KC) my interpretation is enforcement of this section is done by Tukwila code enforcement or police officers. TMC 7.10 applies to exotic animals. Proposed KCC would align with state law and provide progressive enforcement starting with civil penalties appealable through KC Hearing Examiner escalating to a misdemeanor. Proposed code addresses impounding exotic animals. Regulations for pet shops, groomers and kennels are referenced in proposed code but these types of businesses are licensed and inspected by Seattle/King County Public Health under the health code. I've met with public health to address any code cross over or concerns in this portion of the code as well as rabies/quarantine for biting animals. I do not see a need for the City to maintain language in this portion of the code related to these type of businesses. RASKC keeps hobby kennels and catteries with minor changes, I'd recommend adopting proposed KCC. Potentially dangerous and dangerous dogs were not previously part of KCC instead these animals were identified as vicious. Adding potentially dangerous and dangerous dog to KCC is the largest and most significant change. The proposed changes align with state law as well as surrounding jurisdictions. The appeal process would fall to King County Hearing Examiner instead of the Tukwila Hearing Examiner as it is currently written under TMC 7.16. The proposed KCC goes more in depth than TMC as currently written with additional definitions, addressing provocation as a defense, increased insurance amounts for the keeping of a dangerous dog as well as annual registration for potentially dangerous and dangerous dogs. Page 1 of 2 97 KCC and TMC currently have language in regard to guard dogs. We currently have no guard dog permits nor have we had any in the twelve years I've been at RASKC, we've struck what seems to be antiquated language. I've added a poop scoop code to the proposed KCC but it applies only to a dog owner who fails to remove feces from a public place. TMC 7.30 includes removing from a public place but also extends to animal waste accumulation on an owner's property. The city may want to keep this in place but if you'd like RASKC to enforce I believe an addition to 7.30.020 C to include animal control officers would be necessary. It currently reads "C. Any law enforcement officer shall have the authority to issue civil infractions under this provision.", I'd suggest "C. Any law enforcement officer or animal control officer shall have the authority to issue civil infractions or civil penalties under this provision.". Please let me know if you have any questions or concerns regarding this request. Page 2 of 2 98 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes February 13, 2023 , 2023- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Staff Present: Guests: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp Rachel Bianchi, Stacy Hansen, Laurel Humphrey, Eric Dreyer, Eric Lund, Pete Mayer, Tiffany Johnson Tim Anderson, Rebecca Smokoska, Regional Animal Services of King County Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. 2023-2024 Human Services Contracts Staff is seeking Council approval of the 2023-2024 Human Services Contracts already approved in the biennial budget but above $40K. Item(s) for follow-up: Provide link to Sharel, the application portal for providers. Committee Recommendation: Unanimous approval. Forward to February 27, 2023 Special Consent Agenda. B. Ordinance: Animal Control Regional Animal Services of King County has requested the City of Tukwila update Tukwila Municipal Code Title 7, "Animals," so that it can provide consistent services and have adequate enforcement tools. Committee Recommendation: Unanimous approval. Forward to February 27, 2023 Special Consent Agenda. C. 2022 4th Quarter Police Department Report Chief Dreyer presented the report. Committee Recommendation: Discussion only. D. 2023 Committee Work Plan Committee members discussed the items planned for the year ahead. Committee Recommendation: Discussion only. 99 100 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/13/2023 CT 2/27/2023 CT ITEM INFORMATION ITEM No. Spec 2.E. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 2/13/23 AGENDA ITEM TITLE Updating Fire Permit Fees 2023-2025 CATEGORY ® Discussion Mtg Date 2/13/23 Motion Mtg Date Resolution Mtg Date 2/27/23 ❑ Ordinance Mtg Date U Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Fire permit fees to be updated for 2023-2025 in alignment with Puget Sound Regional Fire Authority. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. DATE: 10/24, 11/28, 12/12 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/13/23 Forward to next Special Meeting Consent Agenda 2/27/23 MTG. DATE ATTACHMENTS 2/13/23 Informational Memorandum dated 2/7/23 Fee Comparison Matrix 2023 Fire Permit Fee Handout Zone 3 Fee Comparison Matrix Draft Resolution Minutes from Community Services and Safety Committee 12/12/22 2/27/23 Final Resolution 101 102 Ci of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 2018 AND ADOPTING A REVISED FIRE PERMIT FEE SCHEDULE. WHEREAS, the City of Tukwila has entered into an interlocal agreement with Puget Sound Regional Fire Authority (PSRFA) for the provision of fire and emergency medical services effective January 1, 2023; and WHEREAS, the City has analyzed current Fire permit 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 PSRFA; and WHEREAS, the Tukwila Fire Permit Fee Schedule needs to be updated to align with fees charged by neighboring agencies and to streamline the permitting process; and WHEREAS, the Tukwila Fire Permit Fee Schedule will be reevaluated in 2025 to ensure fees recoup the full costs of services rendered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 2018 is hereby repealed. Section 2. Tukwila Fire Permit Fee Schedule, Fire permit fees shall be charged according to the following schedule, which shall supersede any previously adopted fire permit fee, plan review fee or re -inspection fee. CC:\Legislative Development\Adopt Fire Dept Fee Schedule clean 2-15-23 JN:AY Review and analysis by Andy Youn Page 1 of 5 103 TUKWILA FIRE PERMIT FEE SCHEDULE FIRE CONSTRUCTION PERMITS Development Review Fee 2023 2024 2025 Fire Plan Review 65% of Fire Permit Fee Fire Permit See Total Valuation Table (below) Single Family Review 25% of Building Permit Fee 34% of Building Permit Fee 42% of Building Permit Fee Commercial Review 34% of Building Permit Fee 46% of Building Permit Fee 58% of Building Permit Fee Fireworks (pyrotechnic) — Sales or Display Permit $350.00 per event and/or stand. Additional Fire standby costs may be required. Contact Puget Sound Regional Fire Authority. Tank — Removal, Abandonment, or Installation Permit $400.00 per tank Total Valuation Permit Fee Calculator 2023 2024 2025 $1.00 to $500.00 $135.00 $141.75 $148.50 $501.00 to $2,000.00 $135.00 for the first $500.00, plus $11.88 for each additional $100.00, or fraction thereof, to and including $2,000.00. $141.75 for the first $500.00, plus $15.84 for each additional $100.00, or fraction thereof, to and including $2,000.00. $148.50 for the first $500.00, plus $19.80 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $313.20 for the first $2,000.00, plus $52.80 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $379.35 for the first $2,000.00, plus $70.40 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $445.50 for the first $2,000.00, plus $88.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $1,527.60 for the first $25,000.00, plus $39.60 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $1,998.55 for the first $25,000.00, plus $52.80 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $2,469.50 for the first $25,000.00, plus $66.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. CC:\Legislative Development\Adopt Fire Dept Fee Schedule clean 2-15-23 JN:AY Review and analysis by Andy Youn 104 Page 2of5 $50,001.00 to $100,000.00 $2,517.60 for the first $50,000.00, plus $26.40 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $3,318.55 for the first $50,000.00, plus $35.20 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $4,119.50 for the first $50,000.00, plus $44.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $3,837.60 for the first $100,000.00, plus $21.12 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $5,078.55 for the first $100,000.00, plus $28.16 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $6,319.50 for the first $100,000.00, plus $35.20 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $12,285.60 for the first $500,000.00, plus $19.80 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $16,342.55 for the first $500,000.00, plus $26.40 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $20,399.50 for the first $500,000.00, plus $33.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $22,185.60 $29,542.55 $36,899.50 OTHER FIRE SERVICES Fee 2023 2024 2025 After -Hours Expedited Fire Plan Review Contact Puget Sound Regional Fire Authority for rate. After -Hours Expedited Fire Inspection Contact Puget Sound Regional Fire Authority for rate. Fire Review — Alternative Materials and Methods: Residential $275.00 Fire Review — Alternative Materials and Methods: Commercial $550.00 Other Review — Resubmittals, Changes, Deferred Submittals, Additions, or Revisions to Plans. $225.00 per hour CC:\Legislative Development\Adopt Fire Dept Fee Schedule clean 2-15-23 JN:AY Review and analysis by Andy Youn Page 3 of 5 105 Fees will be assessed after the first resubmittal. LIFE SAFETY INSPECTIONS AND OPERATIONAL PERMITS Fee 2023 2024 2025 Operational Fire Permits regulated by the International Fire Code: • High Pile Storage • Hazardous Materials $232.32 each $309.76 each $387.20 each All other *Operational Fire Permits regulated by the International Fire Code, and as amended in TMC Chapter 16.16, that do not have a separate listing in the fee schedule $116.16 each $154.88 each $193.60 each *Operational Fire Permits may be prorated "Mobile" Operational Fire Permits $116.16 per vehicle if inspected in Tukwila. $58.08 per vehicle if inspected by another fire agency. $154.88 per vehicle if inspected in Tukwila $77.44 per vehicle if inspected by another fire agency $193.60 per vehicle if inspected in Tukwila $96.80 per vehicle if inspected by another fire agency New Business Life Safety Inspection $75.00 Annual Life Safety Inspection $75.00 ADMINISTRATIVE FEES Fee 2023 2024 2025 Fire Protection System Confidence Testing Compliance Services — Per system fee collected by BRYCER "TCE" $15.00 per system Starting work before a permit issuance shall be subject to an investigation fee equal to 100% of applicable permit fees. A 5% Technology Fee will be added to all Fire fees unless the Technology Fee is already being charged by another City department. CC:\Legislative Development\Adopt Fire Dept Fee Schedule clean 2-15-23 JN:AY Review and analysis by Andy Youn 106 Page 4of5 A 3% processing fee will be added if payment is made by credit card for Fire fees. Recovery of Hazardous Incident Response Costs TMC Chapter 6.14 Minimum fee for incident response costs = $275.00, plus any "extraordinary costs" as defined per TMC Chapter 6.14. REINSPECTION FEES: For Construction Permits, Operational Permits, life safety inspections or spot inspections. $200.00 per re -inspection TMC 16.16.050 TMC 16.40.130 TMC 16.42.110 TMC 16.46.150 TMC 16.48.150 APPEAL FEE $550.00 TMC 16.16.040 TMC 16.40.170 TMC 16.42.150 TMC 16.46.170 TMC 16.48.170 Special Event Permit $450.00, TMC 16.16.030 Section 3. Effective Date. This resolution and the fee schedule contained herein shall take effect immediately upon passage. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC Cynthia Delostrinos Johnson City Clerk Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CC:\Legislative Development\Adopt Fire Dept Fee Schedule clean 2-15-23 JN:AY Review and analysis by Andy Youn Page 5 of 5 107 108 UPCOMING MEETINGS AND EVENTS FEBRUARY – MARCH 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available. FEB 27 MON FEB 28 TUE MAR 1 WED MAR 2 THU MAR 3 FRI MAR 4 SAT ➢ Community Services and Safety Committee 5:30 PM City Hall Hazelnut Room Hybrid Mee eting ➢ Finance and Governance Committee 5:30 PM 6300 BuildingSuite 100 Foster Conference Room Hybrid Meeting ➢Cit Council y Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting Special Meeting to follow Committee of the Whole Meeting. _, , ALLENTOWN TRUCK REROUTE PROJECT OPEN HOUSE Learn more about Environmental Impact Statement and provide comment. The formal scoping comment period is now thru Mar 15. Email your comment to AllentownrruckReRoute@TukwilaWA.gov. 5:30 PM — 7:00 PM Tukwila Community Center Click here for more information. Give Blood = Save 3 Lives 4144-4 DONATE BLOOD AND ENTER TO WIN A KITCHENAID MIXER THRU FEB 28 Your donation is critical! To schedule an appointment, call 1-800-398-7888. Click here to schedule an appointment. GREEN�1 TUKWILA " a ' , x WILDLIFE WEDNESDAY5:30 Join Green Tukwila and WA Fish & Wildlife for the next Wildlife Wednesday. This FREE event is a lecture talk about Blue Herons and their habitat. The lecture is in- person and online. Sign up now! 5:45 PM Tukwila Community Center Click here to sign-up. ➢ Equity and Social Justice Commission PM Justice Center Hybrid Meeting 41 j SmileMobile FREE DENTAL SmileMobile dental team will see babies (first tooth) up through high school (age 21 and under), pregnant or postpartum people with Apple Health and no insurance. To schedule appointment, call 1-888-286-9105 Feb Mar 3 Monday thru Friday Thorndyke Elementary School 4415 S 150' St Click here for more information. Eg3:12111 s v s r e FREE TAX HELP AND GET FORMS Pick up or print tax forms at any library. Get free help filing y our taxes in person now through April 20 at Westfield Southcenter Mall. See below for more information. Or, click here for more information. MARS MON MAR 7 TUE MAR 8 WED MAR 9 THU MAR 10 FRI MAR 11 SAT ➢ Planning and Community Development Meeting 5:30 PM City Hall – Hazelnut Room Hybrid Meeting ➢ Transportation and Infrastructure Services Committee 5:30 PM 6300 Building - 2a° Floor Duwamish Conference Room Hybrid Meeting ➢ City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting ➢ Library Advisory Board 6:00 PM Tukwila Community Center Hybrid Meeting GREEN 4 , TU KW! LA PART RIVERTON PARK RESTORATION Join Forest Steward Debbie and help her plant young native ufull w ory plants. Bring a full water battle, snacks for yourself, weather appropriate clothes and closed-toed shoes. 11:30 AM - 1:30 PM Click here to sign up. ➢ Park Commission 5:30 PM Tukwila Community Center Hybrid Meeting D. Community Oriented Policing Citizens Advisory Board 6:30 PM Justice Center Hybrid Meeting mna EKE= s v S T e n FREE TAX HELP AND GET FORMS Pick up or print tax forms at any library. Get free help filing your taxes in person now through April 20 at Westfield Southcenter Mall. See below for more information. Or, click here for more information. ws CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM – 4:00 PM Jdx,us r% ., FREE STEERING WHEEL LOCKS FOR KIA & HYUNDAI OWNERS 1-,4 Tukwila Police Department is issuing FREE locks to Tukwila residents who own or lease KIA and Hyundai vehicles. Click here for more information. ro SCHOLARSHIP OPPORTUNITY APPLICATIONS ARE DUE ON MAR 31 9°'" The City of Tukwila Scholarship Program is accepting applications through March 31 with no exceptions. Click here for more information. Save de Date/ RESIDENTIAL COLLECTION EVENT APR 22 FOSTER HIGH SCHOOL Hard to recycle materials can be dropped off at this event. More information to come. POLICE DEPARTMENT IS HIRING! Join our team and write your future chapter with us. Become a part of our Tukwila PD family and our community. We offer a supportive environment including a supportive community, supportive elected officials, supportive command staff and opportunities to train and build your future with us. We are hiring Entry Level and Lateral Officers. Click here for more information. rra DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM – 2:00 PM rim' VOLUNTEERS – In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. "*"." DONORS – Please donate at tukwilapantry.org/donatel. STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list. VOLUNTEERS NEEDED ON WEDNESDAYS, THURSDAYS AND FRIDAYS. Pack snacks every Wednesday at 9:30 AM. I To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District. mf : ilr, � Tk{ ..,, 07,1:-11 ' Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138. LaFREE TRANSIT PASS TO ATTEND CONCERT OR SPORTS EVENTS AT CLIMATE PLEDGE ARENA If you're going to an event at Climate Pledge Arena, your event ticket is now a transit pass! King County Metro and other transit agencies are partnering with Climate Pledge Arena to provide free transit to all public events at the arena. Click here for more information. King Co y VIA TO TRANSIT Get around town with the click of a button or a phone call. Use Via to Transit for fast and affordable rides to the Tukwila Community Center, Tukwila Light Rat Station, or from these hubs to nearby locations. Like other transit, this service is free for youth. Click here for more information. COVID-19 VACCINATION All Washingtonians ages 5 and up are eligible to receive a COVID-19 vaccination—and now also babies and children 6 months and older. For more information, visit Getting vaccinated in King County or call 206-477-3977. You can also search at vaccinelocator.doh.wa.gov Interpreters available for assistance. Telephone-to-text relay service: Dial 711 or 1-800-833-6384. Tactile interpretation: seattledbsc.org. K I N ilikrCOUNTY FREE HELP FILING TAXES THRU APR 20 SOUTHCENTER MALL WEST ENTRANCE TUE, WED, THU & SAT 11:00 AM – 7:00 PM Pick up or print tax forms at any library. Get free help filing your taxes in-person or online with AARP or United Way. Click here for more information. ONLINE TECHNOLOGY BASICS CLASSES LI B RA RY SYSTEM Learn about technology basics in online classes. Some classes offered are webmail, tech vocabulary and decluttering your digital legacy. Click here to register. GET CERTIFIED AT YOUR LIBRARY FOR FREE! Take free online classes, practice tests and Certiport certification exams. Get certified in MS Office, Adobe, QuickBooks, coding and more! You will need your KCLS library card number and PIN to access some resources. Click here for more information and registration. FREE TECH COURSES & EARN BELLEVUE COLLEGE CREDIT! Take free tech courses from Cisco, and apply for college credit from Bellevue College. The courses are online, self-paced and free. Click here for more information and register to enroll in the tech courses. 109 Tentative Agenda Schedule MEETING 1 – REGULAR MEETING 2 – C.O.W. MEETING 3 – REGULAR MEETING 4 – C.O.W. FEBRUARY 6 See below link for the agenda packet to view the agenda items: February 6, 2023 Regular Meeting FEBRUARY 13 See below link for the agenda packet to view the agenda items: February 13, 2023 Committee of the Whole / Special Meeting FEBRUARY 20 FEBRUARY 27 See below link for the agenda packet to view the agenda items: February 27, 2023 Committee of the Whole / Special Meeting ***** — HAPPY PRESIDENT'S DAY *** Regular Meeting cancelled due to the holiday. MEETING 1 – REGULAR MEETING 2– C.O.W. MEETING 3– REGULAR MEETING 4 – C.O.W. MARCH 6 PRESENTATIONS - An update on the King County Crisis Care Centers Levy. - Tukwila Green Works 2022 Business Recycler of the Year. CONSENT AGENDA Authorize the Mayor to sign a contract with Global to Local for the Wellness Hub Leadership Cohort and Community Cafes in the amount of $45,000.00. UNFINISHED BUSINESS Minimum wage update. MARCH 13 SPECIAL ISSUES - Update on the Permit review process in 2022. - Council consensus on a budget amendment for the Department of Community Development. - Discussion on Public Works Campus Phase 2: Test -to -Fit Cost Estimate. - An update on Capital Facilities Financing. - Review of the 2023 Work Plan. MARCH 20 PRESENTATIONS An update on Still Waters. CONSENT AGENDA - Accept as complete the 2022 Small Drainage Closeout; authorize release of retainage, subject to the standard claim and lien procedures. - Authorize the Mayor to sign a contract for the Landscape Mitigation project. - Authorize the Mayor to sign a grant agreement for the Safe Streets and Roads for All Grant Program for a road safety plan in the amount of $200,000.00 (local match of $50,000.00). - Approve an application for Lodging Tax Funds for Starfire Sports for $110,000.00. - Authorize the Mayor to sign a contract for the South 119'" Street Raised Crosswalk Project in the amount of $52,254.00. UNFINISHED BUSINESS Puget Sound Regional Fire Authority Annexation Plan. MARCH 27 SPECIAL ISSUES - Public Works Phase 2 Design contract. - Human Services 2022 Review. - Compost Ordinance. 110