HomeMy WebLinkAboutReg 2023-09-18 COMPLETE AGENDA PACKETTukwila City Council Agenda
•
REGULAR MEETING •.•
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Allan Ekberg, Mayor Counci/members: ❖ 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, September
BE CONDUCTED
PRESENCE WILL
PHONE NUMBER
For Technical
18, 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 • Ord #2711 • Res #2077
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS—
including comment
on items both on and
not on the meeting
agenda
Those wishing to provide public comments may verbally address the City Council
both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to
5 minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting
the
date. Please clearly indicate that your message is for public comment during
meeting, and you will receive further instructions.
4. APPOINTMENT
Confirm the appointment of Ann Durant to Position #2 on the
Planning Commission, with a term expiring December 31, 2026.
Pg.1
5. PRESENTATION
An update on Olympic Heritage Behavioral Health
Dan Davis, Deputy CEO, and Kevin Bovenkamp, Assistant Secretrary; DSHS
Pg.9
6. CONSENT AGENDA
a. Approval of Minutes: 8/21/23 (Regular Mtg.); 8/28/23 (Special Mtg.)
b. Approval of Vouchers
c. Authorize the Mayor to sign the Planning for Recreation Access
Grant Agreement from the Washington Recreation and
Conservation Office (RCO), in the amount of $197,300.00.
[Reviewed and forwarded to Consent by the Community Services and
Safety Committee on 8/28/23.]
d. Authorize the Mayor to sign a grant agreement with the Association
of Washington Cities (AWC) for the Alternative Response
Co -Responder Program, in an amount not to exceed $105,000.00.
[Reviewed and forwarded to Consent by the Community Services and
Safety Committee on 8/28/23.]
(continued..)
Pg.17
Pg.41
REGULAR MEETING
September 18, 2023
Page 2
6. CONSENT AGENDA
(cont.)
e. Authorize the Mayor to sign a grant agreement with the
Washington State Patrol for the National Criminal History
Improvement Program (NCHIP), to extend the term through
September 30, 2024 (Total grant amount: $73,140.00 with 10%
match of funds spent).
[Reviewed and forwarded to Consent by the Community Services and
Safety Committee on 9/11/23. J
f. A resolution authorizing the cancellation of outstanding General
Fund claims and Municipal Court checks.
[Reviewed and forwarded to Consent by the Finance and Governance
Committee on 9/11/237
g. A resolution ordering the cancellation of past due Accounts
Receivables.
[Reviewed and forwarded to Consent by the Finance and Governance
Committee on 9/11/23. J
Pg.65
Pg.79
Pg.87
7. UNFINISHED
BUSINESS
Authorize the Mayor to sign Amendment No. 2 to Interlocal
Agreement #14-062 with King County regarding the Community
Development Block Grant (CDBG) Program.
Pg.97
8. NEW BUSINESS
9. REPORTS
a. Mayor
b. City Council
c. Staff —City Administrator Report,
Monthly Construction and Budget Report.
Pg.105
10. MISCELLANEOUS
11. EXECUTIVE SESSION
12. ADJOURNMENT
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Remote Tukwila Council meetings
are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov)
WELCOME TO THE TUKWILA CITY COUNCIL MEETING
The Tukwila City Council encourages community participation in the local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinances at Regular Meetings.
Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The
City Council considers current issues, discusses policy matters in detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on
and not on the meeting agenda during Public Comments. The City Council will also accept comments on an
agenda item when the item is presented in the agenda, but speakers are limited to commenting once per
item each meeting.
When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if
attending virtually and state your name clearly for the record. The City Council appreciates hearing from you
but may not respond or answer questions during the meeting. Members of the City Council or City staff may
follow up with you following the meeting.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council
Rules of Procedure provide the following guidelines for Public Hearings:
1. City staff will provide a report summarizing and providing context to the issue at hand.
2. The proponent shall speak first and is allowed 15 minutes to make a presentation.
3. The opponent is then allowed 15 minutes to make a presentation.
4. Each side is then allowed 5 minutes for rebuttal.
5. After the proponents and opponents have used their speaking time, the Council may ask further
clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic may speak for 5
minutes each.
7. Speakers are asked to sign in on forms provided by the City Clerk.
8. The Council may ask clarifying questions of speakers and the speakers may respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit the total amount of
comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the
issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as
set forth by RCW 42.30.100.
For more information about the City Council, including its complete Rules of
Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/
COUNCIL AGENDA SYNOPSIS
Fy��.; Initials
ITEM No.
� i
Meeting Date
Prepared by
Mayor's review
Council review
fly
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9/18/23
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ITEM INFORMATION
STAFF SPONSOR: MAYOR EKBERG
ORIGINAL AGENDA DATE: 9/18/23
AGENDA ITEM TITLE Recommended appointment to the Planning Commission
CATEGORY ❑ Discussion
Mtg Date
11 Motion
Mtg Date 9/18/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council
11
Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S Recommended appointment of Ann Durant to Position 2 of the Planning Commission.
SUMMARY
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/18/23
MTG. DATE
ATTACHMENTS
9/18/23
Informational Memorandum dated 8/28/23
1
2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Mayor Ekberg
DATE: August 28, 2023
SUBJECT: Planning Commission Appointment
ISSUE
Position #2 on the Planning Commission is currently vacant. The vacant position was advertised
online via social media and the City website as well as in the June Hazelnut and eight community
members submitted applications. Staff talked with all eight applicants and narrowed it to four
finalists. Interviews were conducted with the finalists and after review and discussion with the
interview panelists, Council President Delostrinos Johnson, City Administrator Cline and Community
Development Director Nora Gierloff, I am recommending the appointment of Ann Durant to fill this
vacancy. Her application is attached for your review. The term for this position expires
December 31, 2026.
RECOMMENDATION
I am recommending this appointment be confirmed by Council at the September 18, 2023 Council
Meeting.
3
4
City of Tukwila
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800
RECEIVED
Email: BoardsCommsPtukwilawa.gov
Website: www.tukwilawa.gov
Application for Appointment
BOARDS, COMMISSIONS AND COMMITTEES
Please complete the ENTIRE application form. Submitting a resume is optional.
NAME: Du rant
Last
ADDRESS:
Street City Zip
MAILING ADDRESS (if different):
HOME PHONE: MOBILE PHONE:
DATE:
Ann
6/21/23
c -w
First M.I.
Tukwila
Thomas James Homes
EMPLOYER: E-MAIL:
Please check all that apply to you within Tukwila city limits:
▪ Resident ❑ Business Owner/Representative
❑ School District Representative ❑ High School Student
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS: BOARDS & COMMITTEES:
n Arts U Community Police Advisory
❑ Civil Service ❑ Human Services
n Equity & Social Justice ❑ Library
❑ Parks ❑ Lodging Tax
Planning
❑ Other/Special Committee:
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes • No
If "yes", please list:
AVAILABLE TO ATTEND MEETINGS: ❑ Daytime 0 Evenings
Please note that upon submission, all information on this document becomes public record. For further clarification
regarding this application or more information regarding boards and commissions please call 206-433-1850.
5
Boards & Commissions Application
Page 2
Please describe your interest in serving on a board, commission or committee and include your
qualifications for the position. (Please limit your response to 500 words or less.)
My interest in serving on the Tukwila Planning Commission comes from my lifelong interest in
community building and placemaking. Starting out as a child, building forts in the green belt behind
my house in North Seattle, to my studies in urban planning and public art at WWU, to my current
career in real estate and development, the desire to create places that are right sized and reflective
of the community is a constant.
I wrote my own major in Placemaking at Fairhaven College at WWU. My course work was
comprised of courses in urban planning, environmental studies, and public art. The work explored
the essence and ever-changing dynamics that make "place." My degree culminated in a public
art project titled "Barns Illuminated." The installation was a community arts event that created a
venue for community members to discuss the past, present, and future of the landscape around
them, and explore personal and geographical identity expressed through the built environment.
I"ve been working in real estate since 2018 after gettign my RE license and completing my
certificate in property management at North Seattle College. From there, I went to work for a small
commercial property management company in Fremont. Our portfolio was made up of retail and
office space, mostly all class A commercial development. This position gave me an opportunity to
manage a variety of commercial properties through leasing, maintenance, and repositioning of
historically important buildings. Our project repositioning the Jensen Marina in Seattle' s U district
is a project I helped with and am extremely proud of. The Jensen Marina is a shining example of
the success that comes when locally significant places are reinvigorated with appropriate
development.
From there I went to work for Thomas James Homes and currently work in entitlements and
permitting for infill development. Most of my work in the last two years has been in
condominimizing pocket neighborhood development, ADU and DADUs. With a primary focus on
addressing the "missing middle." I have managed the creation of over thirty small scale condo
projects across multiple jurisdictions throughout King County. I am a subject matter expert in this
product type and understand the realities and potential of this type of development within
communities.
With the recent passing of HB 1110 and HB 1337, Tukwila will be faced with how best to allow for
this type of development and provide the services to support increased density. I see the potential
for this type of development if done responsibly to support the community. As a Tukwilan I hope to
see our community thrive and become more of a place where we can meet our essential needs for
housing, food, and wellbeing. I hope you will consider my application to serve on the Planning
Commission. It would be an honor to serve.
Please note that upon submission, all information on this document becomes public record. For further clarification
6 regarding this application or more information regarding boards and commissions please call 206-433-1850.
Boards & Commissions Application
Page 3
Professional/Community Activities (organizations, clubs, service groups, etc.):
Board Chair - North Seattle College - Technical Advisory Committee
Board Member - 17th of May Seattle
Vice President - Daughters of Norway Lodge #1
Hobbies/Interests:
Gardening, Physical Fitness, Spending time with family!
Other comments/additional information for consideration:
Please note that upon submission, all information on this document becomes public record. For further clarification
regarding this application or more information regarding boards and commissions please call 206-433-1850.
7
8
CO
Deprinirnt cif Social
& Health Services
Trmiiorriuig
Transforming
Lives
Olympic Heritage Behavioral Health
'Washington State Department of Social and Health Services
Meet CEO Dan Davis
• Has been in state service for more than 20 years.
• Previously served as deputy chief executive officer
at Western State Hospital's Civil Center of Excellence.
• Prior stints include working in the nursing department,
as director of security as well as chief safety officer
at Western.
• Bachelor's degree in criminal justice and master's in
business administration.
Washington State Department of Social and Health Services
Timeline of events
• Purchased from Acadia Healthcare in early
August for $29.9 million.
• DSHS hosted job fair for facility on Aug. 17.
• Name officially changed to Olympic Heritage
Behavioral Health on Aug. 28.
• Plans being made for a formal opening
ceremony in early/mid October.
Washington State Department of Social and Health Services
Ni
I
Facility details
• Will ultimately add about 100 beds for patients in DSHS' care.
• Wards will come online in phases; 2 to start.
• Beds are dedicated to civil conversion
patients; will be moved in phases.
• First patients will likely transfer in from
Western State Hospital.
Washington State Department of Social and Health Services
Key differences from former hospital
• Incoming patients likely more stable than those who came to the prior
hospital.
• No drop-offs of patients from local law enforcement/EMTs.
• When patient discharges do happen, there will be a warm handoff to pre -
coordinated transportation and support staff.
• Olympic Heritage will be staffed with about 20 security officers.
• Total number of employees will eventually be about 400.
Washington State Department of Social and Health Services
Changes to physical infrastructure
• Significant repairs throughout the building, including many upgrades to
patient areas that will prioritize patient and staff safety.
• Updated exterior signage to reflect new name,
DSHS ownership.
• Fresh paint, improving both internal and
external locks and building security measures.
Washington State Department of Social and Health Services
Questions?
Contact:
12844 Military Rd S
Tukwila, WA 98168
Communications:
Jordan.Sahlin@dshs.wa.gov
Washington State Department of Social and Health Services
16
COUNCIL AGENDA SYNOPSIS
,t•)* ' �, 4 Initials
ITEM No.
�� Z
Meeting Date
Prepared by
Mayor's review
Council review
9/18/23
DR
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190
ITEM INFORMATION
STAFF SPONSOR: DAVID ROSEN
ORIGINAL AGENDA DATE: 9/18/23
AGENDA ITEM TITLE Planning for Recreation Access (PRA) Grant Acceptance
CATEGORY ❑ Discussion
Mtg Date
11 Motion
Mtg Date 9/18/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire
11
P&R ❑ Police ❑ PW
SPONSOR'S The Tukwila Parks & Recreation Department has been awarded the Planning for Recreation
SUMMARY Access Grant by the Washington Recreation & Conservation Office in the amount of
$197,300, no funding match required. This grant will be used to design a Playbook for
Inclusive Park Design that will help identify park designs, treatments, furnishings, and
functionalities most desired by our residents. Staff recommends the committee forward the
grant agreement for full council approval on the 9/18 Regular Meeting Consent Agenda.
REVIEWED BY ❑ Trans&Infrastructure Svcs I
❑ LTAC ❑
DATE: 8/28/23
Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: ABDI
RECOMMENDATIONS:
SPONsoR/ADMIN. Parks & Recreation Department
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$197,300 $0 $197,300
Fund Source: GRANT FUND
Comments: Will amend FY23 budget to recognize authority for spending of this grant
MTG. DATE
RECORD OF COUNCIL ACTION
9/18/23
MTG. DATE
ATTACHMENTS
9/18/23
Informational Memorandum dated 8/21/23
RCO Planning for Recreation Access Proposed Grant Agreement for Project #22-2506P
Minutes from 8/28 CSS Committee meeting
17
18
C
City of Tukwila
Allan Ekberg, Mayor
Parks & Recreation Department - Pete Mayer, Director
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Pete Mayer, Parks & Recreation Director
BY: David Rosen, Parks & Recreation Fiscal Analyst
DATE: August 21, 2023
SUBJECT: Planning for Recreation Access (PRA) Grant Award Acceptance
ISSUE
The Tukwila Parks & Recreation Department has been awarded a Planning for Recreation Access
Grant by the Washington Recreation & Conservation Office (RCO) in the amount of $197,300. City
procurement and council policies require staff to receive approval from the full council before fully
executing this grant agreement and accepting the award.
BACKGROUND
The PRA grant program was created in 2022 by RCO to "provide grants for recreation planning,
predesign, and technical assistance to communicates that lack access to outdoor recreation facilities
and resources" with the goal of aiding communities in defining outdoor recreation needs and developing
plans for recreation access. Collaboration with residents and community-based organizations was
strongly encouraged for all projects that sought funding. Parks & Recreation applied for funding in
November 2022, received notice of grant award in June 2023, and is now ready to accept the award.
The period of performance for this grant ends on December 31, 2024.
DISCUSSION
Tukwila Parks & Recreation's proposed project is the Playbook for Inclusive Park Design. The goal of
this project is to engage the Tukwila community in developing a park design toolkit that reflects our
city's diverse ethnic, racial, religious, and cultural dimensions. Primary items funded by the grant
include project management and community engagement through consultant services, interns, and
public meetings. The toolkit generated by this project will provide guiding principles and actionable
tactics for planning, designing, and developing parks, trails, and opens spaces so they are more
welcoming and foster belonging amongst our residents. The playbook will also provide tangible
examples of landscape designs, treatments, furnishing, and functionality most desired by our residents
to guide future design and improvements across the parks system.
FINANCIAL IMPACT
The PRA program is a reimbursement grant that does not require any funding match. Acceptance of
this grant therefore does not create any general fund net inflows or outflows.
RECOMMENDATION
Staff recommends the committee forward the attached grant agreement for approval on the City
Council Regular Meeting Consent Agenda on September 18, 2023.
ATTACHMENTS
RCO Planning for Recreation Access Proposed Grant Agreement for Project #22-2506P
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
19
20
WASHINGTON STATE
Recreation and
Conservation Office
Project Sponsor:
Project Title:
RCO Planning for Recreation Access Grant Agreement
Tukwila Parks & Recreation Department Project Number: 22-2506P
Tukwila Playbook for Inclusive Parks Approval Date: 07/01/2023
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Agreement (Agreement) is entered into between the State of Washington Recreation
and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917, and by and through the Tukwila Parks &
Recreation Department (Sponsor, and primary Sponsor), 12424 - 42nd Ave S, Tukwila, WA 98168, and shall be binding on the
agents and all persons acting by or through the parties.
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor.
Prior to and during the Period of Performance, the identified Authorized Representative(s)/Agent(s) (Sponsor's signatory to
this Agreement) have full authority to legally bind Sponsor(s) regarding all matters related to the project identified above,
including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on
behalf of Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of
Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments
must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS
TO AGREEMENT Section.
A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent (Sponsor
signatory to this Agreement) Sponsor's governing body must provide RCO a written delegation of authority to sign in
lieu of originally authorized Representative/Agency(s).
B. Amendments After the Period of Performance. RCO reserves the right to request, and Sponsor has the obligation to
provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally
bind Sponsor as described in the above Sections.
For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act
as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Recreation and Conservation Office
(RCO) of the State of Washington. The grant is administered by RCO.
RCO seeks to fund, through this Agreement, construction predesign, general jurisdictional or regional comprehensive
planning, and feasibility studies and processes in furtherance of the Planning for Recreation Access (PRA) grant program.
PUBLIC USE
Upon completion of any construction/renovation or land acquisition (the purchase of real property or the purchase of term
limited property rights) the planned facilities (per this agreement) must be open to the general public.
DESCRIPTION OF PROJECT
The Tukwila Parks and Recreation Department will use this grant to engage the community in developing a playbook for
inclusive park design that reflects the diverse ethnic, racial, religious, and cultural dimensions of city residents. The grant will
fund project management and community engagement including consultant services, interns, and public meetings. The toolkit
will provide guiding principles and actionable tactics for planning, designing, and developing parks, trails, and open spaces so
they are more welcoming and foster belonging. The playbook will provide tangible examples of landscape designs, treatments,
furnishings, and functionality that are most desired by residents. Once developed, the playbook will guide design of
improvements and new investments across the park system. The primary recreational opportunity supported by this project is
active recreation.
PERIOD OF PERFORMANCE
The period of performance begins on July 1, 2023 (PROJECT START DATE) and ends on December 31, 2024 (PROJECT
END DATE). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for
by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any
applicable RCO manuals as of the effective date of this Agreement.
RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the
RCO: 22-2506 Revision Date: 5/1/2023
Page 1 of 18
21
project end date.
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Recreation and Conservation Office are attached hereto and incorporated by
reference as part of this Agreement.
PROJECT FUNDING
The total grant award provided for this project shall not exceed $197,300.00. The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for
all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated
below:
Percentage Dollar Amount Source of Funding
Office - Planning for Recreation Access
Total Project Cost
100.00% $197,300.00 State
100.00% $197,300.00
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope
activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in
such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as
used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of
the Standard Terms and Conditions.
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set
forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need
only be signed by RCO's director or designee and consented to in writing (including email) by Sponsor's Authorized
Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a
person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or
minor scope adjustments.
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do
so.
Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current
federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO
manuals or on RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the
amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply
only prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term.
COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES
This Agreement is governed by, and Sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of
the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless
otherwise expressly stated in the amendment.
For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:
• Development Projects - Manual 4
• Planning for Recreation Access Grant Guidelines
• Planning Guidelines - Manual 2
• Reimbursements - Manual 8
RCO: 22-2506
22
Revision Date: 5/1/2023 Page 2 of 18
SPECIAL CONDITIONS
CULTURAL RESOURCES SPECIAL CONDITION
If no ground disturbance, site-specific planning, or construction related activities are associated with this project, RCO
recommends it proceed as planned without further Cultural Resources work needed. If this is not the case or changes during
the course of the project, the OGM will be notified as soon as possible as the changes will need to be reviewed and additional
Cultural Resources work may be required.
AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or
the email address listed below:
Sponsor Project Contact
Peter Mayer
Interim Director
12424 42nd Avenue S
Tukwila, WA 98168
pete.mayer@tukwilawa.gov
RCO Contact
Hayley Edmonston
Outdoor Grants Manager
PO Box 40917
Olympia, WA 98504-0917
hayley.edmonston@rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized
Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications.
ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
EFFECTIVE DATE
Unless otherwise provided for in this Agreement, this Agreement, for Project 22-2506, shall become effective and binding on
the date signed by both Sponsor and RCO's authorized representative, whichever is later (Effective Date). Reimbursements
for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE
Section are allowed only when this Agreement is fully executed and an original is received by RCO.
Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and
the STANDARD TERMS AND CONDITIONS OF THE RECREATION AND CONSERVATION OFFICE. The signatories listed
below represent and warrant their authority to bind the parties to this Agreement.
Tukwila Parks & Recreation Department
By:
Name (printed):
Title:
State of Washington Recreation and Conservation Office
Date:
By: Date:
Megan Duffy
Director
Recreation and Conservation Office
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23
By:
Pre -approved as to form:
Assistant Attorney General
Date: 05/01/2023
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.4 WASHiNGTON STATE
Recreation and
Conservation Office
Project Sponsor:
Project Title:
RCO Planning for Recreation Access Grant Agreement
Tukwila Parks & Recreation Department Project Number: 22-2506P
Tukwila Playbook for Inclusive Parks Approval Date: 07/01/2023
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Planning Metrics
Worksite #1, City of Tukwila
Recreation Facility Planning
Comprehensive plan development
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25
WASHiNGTON STATE
Recreation and
Conservation Office
Project Sponsor:
Project Title:
RCO Planning for Recreation Access Grant Agreement
Tukwila Parks & Recreation Department Project Number: 22-2506P
Tukwila Playbook for Inclusive Parks Approval Date: 07/01/2023
PROJECT MILESTONE REPORT
Complete Milestone
Project Milestones
Target Date Comments/Description
Project Start 07/01/2023
Data Gathering Started 08/31/2023
RFP Complete/Consultant Hired 09/30/2023
Annual Project Billing Due 10/31/2023
Progress Report Due 12/31/2023
Progress Report Due 04/30/2024
Draft Plan to RCO 07/31/2024
Progress Report Due 08/31/2024
Final Plan to RCO 11/30/2024
Final Billing Due 12/15/2024
Final Report Due 12/20/2024
Agreement End Date 12/31/2024
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WASHINGTON STATE
Recreation and
Conservation Office
Project Sponsor:
Project Title:
RCO Planning for Recreation Access Grant Agreement
Tukwila Parks & Recreation Department Project Number: 22-2506P
Tukwila Playbook for Inclusive Parks Approval Date: 07/01/2023
Standard Terms and Conditions of the Recreation and
Conservation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 8
CITATIONS, HEADINGS AND DEFINITIONS 8
PERFORMANCE BY SPONSOR 10
ASSIGNMENT 10
RESPONSIBILITY FOR PROJECT 10
INDEMNIFICATION 11
INDEPENDENT STATUS OF SPONSOR 11
CONFLICT OF INTEREST 11
COMPLIANCE WITH APPLICABLE LAW 12
ARCHAEOLOGICAL AND CULTURAL RESOURCES 12
RECORDS 13
PROJECT FUNDING 14
PROJECT REIMBURSEMENTS 14
RECOVERY OF PAYMENTS 15
COVENANT AGAINST CONTINGENT FEES 15
PROCUREMENT REQUIREMENTS 15
RIGHT OF INSPECTION 15
STEWARDSHIP AND MONITORING 15
PREFERENCES FOR RESIDENTS 16
ORDER OF PRECEDENCE 16
LIMITATION OF AUTHORITY 16
WAIVER OF DEFAULT 16
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH 16
SPECIFIC PERFORMANCE 16
TERMINATION AND SUSPENSION 16
DISPUTE HEARING 17
ATTORNEYS' FEES 18
GOVERNING LAW/VENUE 18
SEVERABILITY 18
END OF STANDARD TERMS AND CONDITIONS 18
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STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 06/27/2023.
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the version current as of the effective date of this Agreement or
the effective date of any amendment thereto.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of
this Agreement.
C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below:
Agreement, terms of the Agreement, or project Agreement — This document accepted by all parties to the present
project and transaction, including without limitation the Standard Terms and Conditions of this agreement, all exhibits,
attachments, addendums, amendments, and applicable manuals, and any intergovernmental Agreements, and/or
other documents that are incorporated into the Agreement subject to any limitations on their effect under this
Agreement.
applicable manual(s), manual — A manual designated in this Agreement to apply as terms of this Agreement, subject
(if applicable) to substitution of the "RCO director" for the term "board" in those manuals where the project is not
approved by or funded by the referenced board, or a predecessor to the board.
applicable WAC(s) — Designated chapters or provisions of the Washington Administrative Code that apply by their
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement,
subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where RCO has
contracted to or been delegated to administer the grant program in question.
applicant — Sponsor that applied for the grant(s) funding this Agreement.
application — The documents and other materials that an applicant submits to RCO to support the applicant's request
for grant funds; this includes materials required for the "Application" in RCO's automated project information system,
and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans,
evaluation presentations and scripts.
Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized
to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the
signature authority to bind Sponsor to this Agreement, grant, and project.
C.F.R. — Code of Federal Regulations
completed project or project completion — The status of a project when all of the following have occurred:
• The grant funded project has been inspected by RCO and determined that all scopes of work to implement
the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by Sponsor and RCO and have been
delivered to RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have
been recorded (as may apply).
contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement.
cultural resources— Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred
places.
director — The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date — The date when the signatures of all parties to this Agreement are present in the Agreement.
equipment — Tangible personal property (including information technology systems) having a useful service life of
more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)).
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funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington
State Salmon Recovery Funding Board or both if required by context.
Funding Entity — the entity that approves the project that is the subject to this Agreement.
grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category
within a larger grant program, or a federal source, or a mixture of the listed sources.
long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals
and other exhibits as may apply.
landowner Agreement — An Agreement that is required between a Sponsor and landowner for projects located on
land not owned, or otherwise controlled, by Sponsor.
match or matching share — The portion of the total project cost provided by Sponsor.
milestone — An important event with a defined date to track an activity related to implementation of a funded project
and monitor significant stages of project accomplishment.
Office — Means the Recreation and Conservation Office or RCO.
pass-through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity.
period of performance — The period beginning on the project start date and ending on the project end date.
planning project - A project that results in one or more of the following: 1) a study, a plan, assessment, project design,
inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work
of an organization engaged in planning and coordination, or resource stewardship.
pre -Agreement cost — A project cost incurred before the period of performance.
primary Sponsor — Sponsor that is not a secondary Sponsor and who is specifically identified in the Agreement as the
entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but
is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting
reports). Primary Sponsor includes its officers, employees, agents and successors.
project — The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO.
project area - A geographic area that delineates a grant assisted site which is subject to project Agreement
requirements.
project completion or completed project — The status of a project when all of the following have occurred:
• The grant funded project has been inspected by RCO and RCO has determined that all scopes of work to
implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by Sponsor and RCO and have been
delivered to RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have
been recorded (as may apply).
project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary
committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally
funded projects).
project end date — The specific date identified in the Agreement on which the period of performance ends, as may be
changed by amendment. This date is not the end date for any long-term obligations.
project start date — The specific date identified in the Agreement on which the period of performance starts.
RCFB — Recreation and Conservation Funding Board
RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this
Agreement. RCO includes the director and staff.
RCW — Revised Code of Washington
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reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by Sponsor
per the terms of the Agreement.
renovation project — A project intended to improve an existing site or structure in order to increase its useful service
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for
its originally expected useful service life.
secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be
the fiscal agent for the project.
Sponsor — Any signatory to this Agreement other than RCO by doing so agrees to all obligations of a Sponsor as
described in this Agreement.
Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.)
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person
has the signature authority to bind Sponsor to this Agreement, grant, and project.
subaward — Funds allocated to RCO from another organization, which RCO makes available to or assigns to another
organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward
may be provided through any form of legal Agreement, including an Agreement that the pass-through entity considers
a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the
Project Funding Section.
subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal
program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a
recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this
Agreement is a federal subaward, Sponsor is the subrecipient.
tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or
coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected
by the proposed project. This includes sharing with potentially affected tribes the scope of work in the grant and
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes
responding to any request from such tribes and considering recommendations from such tribes for project
implementation, which may include not proceeding with parts of the project, altering the project concept and design,
or relocating the project or not implementing the project, provided that RCO shall retain final approval authority.
useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the purpose
it was acquired, installed, developed, and/or renovated, or restored per this Agreement.
WAC — Washington Administrative Code.
PERFORMANCE BY SPONSOR
Sponsor shall undertake the project as described in this Agreement.
Sponsor's timely completion of the project and submission of required documents, including progress and final reports, is
important. Sponsor's failure to meet critical milestones or complete the project, as set out in this Agreement, is a material
breach of the Agreement.
ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred, or assigned by Sponsor without prior
written approval of RCO.
RESPONSIBILITY FOR PROJECT
Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of
Sponsor. RCO and Funding Entity (if different from RCO) undertakes no responsibilities to Sponsor, or to any third party, other
than as is expressly set out in this Agreement.
Sponsor is solely responsibility for implementing the project and is solely responsible for any claim or suit of any nature by any
third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally
responsible for the project and all post -completion stewardship responsibilities and long-term obligations unless otherwise
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stated in this Agreement.
RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other
RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design,
construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to Sponsor and
others with expertise or authority. In this respect, RCO, its employees, assigns, consultants and contractors, and any funding
board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and
nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project
apparently is proceeding or has been completed as per the Agreement.
INDEMNIFICATION
Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection
with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this
Agreement by Sponsor or Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other
persons for whom Sponsor may be legally liable.
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents acting within the
scope of their employment or agency for whom the State is vicariously liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) Sponsor or Sponsor's
agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only
to the extent of Sponsor's fault or the fault of its agents, or employees.
As part of its obligations provided above, Sponsor specifically assumes potential liability for actions brought by Sponsor's own
employees or its agents against the State and, solely for the purpose of this indemnification and defense, Sponsor specifically
waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision
extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's
employees directly against Sponsor.
Sponsor shall ensure that any Agreement relating to this project involving any contractors, subcontractors and/or vendors of
any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as
provided herein as if it were Sponsor. This shall not apply to a contractor or subcontractor donating its services to the project
without compensation or other substantial consideration.
Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by Sponsor or
Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom Sponsor may
be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement
of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and
employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement
or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights
or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions
regarding use provided to the State, its agents, officers and employees by Sponsor, its agents, employees, contractors,
subcontractors or vendors, of any tier, or any other persons for whom Sponsor may be legally liable.
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
committees, divisions, bureaus, offices, societies, or other entities of state government.
INDEPENDENT STATUS OF SPONSOR
Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of RCO or
Funding Entity and are not authorized to obligate or speak on behalf of RCO or Funding Entity. Sponsor will not hold itself out
as nor claim to be an officer, employee or agent of RCO or the Funding Entity, or of the state of Washington, nor will Sponsor
make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06.
Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by
federal, state, and/or local laws.
CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
notice to Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of
the Ethics in Public Service Act, RCW 42.52; or any similar statute involving Sponsor in the procurement of, or performance
under, this Agreement.
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In the event this Agreement is terminated pursuant to this section, RCO shall be entitled to pursue the same remedies against
Sponsor as it could pursue in the event of a breach of the Agreement by Sponsor. The rights and remedies of RCO provided
for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement.
COMPLIANCE WITH APPLICABLE LAW
In implementing the Agreement, Sponsor shall comply with all applicable federal, state, and local laws (including without
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other
applicable laws, the following laws:
A. Nondiscrimination Laws. Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws
and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Employment Act (if applicable). In the event of Sponsor's noncompliance or refusal to comply with any
nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and
Sponsor may be declared ineligible for further grant awards from RCO or Funding Entity. Sponsor is responsible for
any and all costs or liability arising from Sponsor's failure to so comply with applicable law. Except where a
nondiscrimination clause required by a federal funding agency is used, Sponsor shall insert the following
nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the
contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies."
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or
instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or
instruction may be a minor use of the grant supported recreation and conservation land or facility.
C. Wages and Job Safety. Sponsor agrees to comply with all applicable laws, regulations, and policies of the United
States and the State of Washington or other jurisdiction which affect wages and job safety. Sponsor agrees when
state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage
to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement
of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW
39.12.40. Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State
Department of Labor and Industries.
1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of
intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or
subcontractor intends to pay other than prevailing wages, it must provide Sponsor with an affirmative
statement of the contractor's or subcontractor's intent. Unless required by law, Sponsor is not required to
investigate a statement regarding prevailing wage provided by a contractor or subcontractor.
D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and
recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
E. Debarment and Certification. By signing the Agreement with RCO, Sponsor certifies that neither it nor its principals
nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, Sponsor
agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington
State Department of Labor and Industries' "Debarred Contractor List."
ARCHAEOLOGICAL AND CULTURAL RESOURCES
A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources,
except as those listed below. Sponsor shall follow RCO guidance and directives to assist it with such review as may
apply.
1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects
occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective
owning or managing agency, regardless of sponsoring entity type. Prior to ground disturbing work or
alteration of a potentially historic or culturally significant structure, or release of final payments on an
acquisition, Sponsor must provide RCO all documentation acknowledging and demonstrating that applicable
archaeological and cultural resources responsibilities of such state or federal landowner or manager has
been conducted.
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B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeological and/or
cultural resources.
C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources
completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any
demolition, construction, land clearing, restoration, repair work, or any other ground -disturbing activity, and may direct
that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All
cultural resources requirements for non -ground disturbing projects (such as acquisition or planning projects) must be
met prior to final reimbursement.
D. Compliance and Indemnification. At all times, Sponsor shall take reasonable action to avoid, minimize, or mitigate
adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for
such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive
Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National
Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the
project site. Sponsor shall indemnify and hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement.
Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state,
and federal laws protecting cultural resources and human remains.
E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for
reimbursement under this Agreement. Costs that exceed the grant amount shall be the responsibility of Sponsor as
set forth in RCO's Inadvertent Discovery Plan (IDP). Sponsor shall request, review, and is bound by RCORCOIDP,
and shall:
1) Keep the IDP at the project site.
2) Make the IDP readily available to anyone working at the project site.
3) Discuss the IDP with staff and contractors working at the project site.
4) Implement the IDP when cultural resources or human remains are found at the project site.
F. Discovery
1) If any archaeological or historic resources are found while conducting work under this Agreement, Sponsor
shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at
(360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the
archeological or historic resources.
2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then
RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains.
Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State
provides a new notice to proceed.
a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by
RCO or the Department of Archaeology and Historic Preservation (DAHP).
b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and
make a determination of whether those remains are forensic or non -forensic. If the county medical
examiner/coroner determines the remains are non -forensic, then they will report that finding to the
Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The
State Physical Anthropologist will make a determination of whether the remains are Indian or Non -
Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will
then handle all consultation with the affected parties as to the future preservation, excavation, and
disposition of the remains.
RECORDS
A. Digital Records. If requested by RCO, Sponsor must provide a digital file(s) of the project property and funded
project site in a format specified by RCO.
B. Maintenance and Retention. Sponsor shall maintain books, records, documents, data and other records relating to
this Agreement and performance of the services described herein, including but not limited to accounting procedures
and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit
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is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
C. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO,
personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by
law, regulation or Agreement. This includes access to all information that supports the costs submitted for payment
under the grant and all findings, conclusions, and recommendations of Sponsor's reports, including computer models
and methodology for those models.
D. Public Records. Sponsor acknowledges that RCO is subject to RCW 42.56 and that this Agreement and records
associated with this project may be public records as defined in RCW 42.56, including records submitted to, reviewed
by, or used by RCO. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies).
Additionally, Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project
sponsor were subject to the requirements of chapter 42.56 RCW. Sponsor understands that under the state public
records law, currently codified at RCW 42.56, the State may be requested to disclose or copy records associated with
this Project, to include in certain circumstances records retained by Sponsor. Sponsor agrees to cooperate with RCO
in responding to public records requests, and acknowledges that it may be responsible for objecting or responding to
such requests. Sponsor warrants that it possesses such legal rights as are necessary to permit the State to comply
with state public records laws. Sponsor hereby agrees to release the State from any claims arising out of a public
records act request related to project -related records in Sponsor's possession or control, and to indemnify the State
against any claims arising from such request and pay the reasonable cost of state's defense of such claims.
PROJECT FUNDING
A. Authority. This Agreement and funding is made available to Sponsor through RCO.
B. Additional Amounts. RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as
identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and
incorporated by written amendment into this Agreement.
C. Before the Agreement. No expenditure made, or obligation incurred, by Sponsor before the project start date shall
be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of
retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement
must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be
reduced as necessary to exclude any such expenditure from reimbursement.
D. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance
shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy RCO or Funding Entity may
have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such
expenditure from participation.
PROJECT REIMBURSEMENTS
A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12,
whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only
after (1) this Agreement has been fully executed and (2) Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by Sponsor, or for a
donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must
include proper documentation of expenditures as required by RCO.
B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements.
C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly
conditioned on strict compliance with the terms of this Agreement and other Agreements between RCO and the
Sponsor.
D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the
grant to Sponsor until the following has occurred:
1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld.
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Revision Date: 5/1/2023 Page 14 of 18
2) On-site signs are in place (if applicable); Any other required documents and media are complete and
submitted to RCO; Grant related fiscal transactions are complete.
RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. If Sponsor fails to expend funds under this Agreement in accordance with state and
federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to
comply with any of the terms and conditions of the Agreement, RCO has the right to recover grant award funds in the
amount equivalent to the extent of noncompliance, in addition to any other remedies available at law or in equity.
B. Return of Overpayments. Sponsor shall reimburse RCO for any overpayment or erroneous payments made under
the Agreement. Repayment by Sponsor of such funds under this recovery provision shall occur within 30 days of
demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time Sponsor received
such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the
date that Sponsor receives the overpayment from RCO. If the payment is due to an error of RCO, it shall be due and
owing 30 days after demand by RCO for refund.
COVENANT AGAINST CONTINGENT FEES
Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or
bona fide established agents maintained by Sponsor for the purpose of securing business. RCO shall have the right, in the
event of breach of this clause by Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds
paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion,
to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If Sponsor has, or is required to have, a procurement process that follows applicable
state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no
such process exists, Sponsor must follow these minimum procedures:
1) Publish a notice to the public requesting bids/proposals for the project;
2) Specify in the notice the date for submittal of bids/proposals;
3) Specify in the notice the general procedure and criteria for selection;
4) Contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a
suitable bid is selected; and
5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity,
sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer.
Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or
subject to review of any kind or manner by any entity other than RCO. Sponsors may be required to certify to RCO
that they have followed any applicable state and/or federal procedures or the above minimum procedure where state
or federal procedures do not apply.
RIGHT OF INSPECTION
Sponsor shall provide all RCO requested materials, plans, and documents produced in furtherance of the project, or any of its
officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement.
STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this
Agreement, or as otherwise directed by RCO, to properties where ground disturbing or land clearing activities occur in
furtherance of the project. However, RCO does not represent that any monitoring it may recommend will be adequate to
reasonably assure project performance or safety. It is the sole responsibility of Sponsor to perform any such stewardship and
monitoring as may be adequate for such purposes.
RCO: 22-2506 Revision Date: 5/1/2023
Page 15 of 18
35
PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of the grant assisted project on the basis of residence (including preferential
reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be
maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there
is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be
imposed on residents at comparable state or local public facilities. The foregoing shall only apply to projects constructed, or
properties purchased including term -limited property rights, under the planning project funded in this Agreement.
ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The
provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict
between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by
giving precedence in the following order:
A. Federal law and binding executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
E. State Constitution, RCW, and WAC;
F. Agreement Terms and Conditions and Applicable Manuals;
G. Applicable deed restrictions, and/or governing documents.
LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written
amendment to this Agreement and signed by the RCO Director or delegate.
WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's
designee, and attached as an amendment to the original Agreement.
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH
The Funding Entity (if different from RCO) and RCO rely on Sponsor's application in making its determinations as to eligibility
for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may,
at RCO's discretion, be deemed a breach of this Agreement.
SPECIFIC PERFORMANCE
RCO may, at its discretion, enforce this Agreement by the remedy of specific performance, defined as Sponsor's completion of
the project and/or Sponsor's completion of long-term obligations as described in this Agreement. However, the remedy of
specific performance is not the sole or exclusive remedy available to RCO. No remedy available to RCO is exclusive, and
RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any
provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid
and damages.
TERMINATION AND SUSPENSION
RCO requires strict compliance by Sponsor with all the terms of this Agreement including, but not limited to, the requirements
of the applicable statutes, rules, and RCO policies, and with the representations of Sponsor in its application for a grant as
finally approved by RCO. If Sponsor fails to comply as required, RCO may terminate the Agreement in accordance with this
section. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated).
RCO: 22-2506
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Revision Date: 5/1/2023 Page 16 of 18
A. For Cause.
1) The RCO director may suspend or terminate the obligation to provide funding to Sponsor under this
Agreement:
a) If Sponsor breaches any of Sponsor's obligations under this Agreement;
b) If Sponsor fails to make progress satisfactory to the RCO director toward completion of the project
by the completion date set out in this Agreement. Included in progress is adherence to milestones
and other defined deadlines; or
c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed
to implement the project;
2) Prior to termination, RCO shall notify Sponsor in writing of the opportunity to cure. If corrective action is not
taken within 30 days or such other time period that the director approves in writing, the Agreement may be
terminated. In the event of termination, Sponsor shall be liable for damages or other relief as authorized by
law and/or this Agreement.
3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and
pending corrective action by Sponsor, or a decision by RCO to terminate the Contract.
B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part when RCO determines
such termination is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for
payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination
for cause shall be deemed to be a "Termination for Convenience" if it is determined that:
1) Sponsor was not in default; or
2) Failure to perform was outside Sponsor's control, fault or negligence.
C. Rights and Remedies of the RCO
1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any
other rights and remedies provided by law.
2) If, after any portion of the grant amount has been paid to Sponsor under this Agreement, the Agreement is
terminated by the director due to Sponsor's breach of the Agreement or other violation of law, the director
may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were
derived. However, any repayment shall be limited to the extent repayment would be inequitable and
represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for
substantially the entire period of performance and of long-term obligation.
D. Non -Availability of Funds. The obligation of RCO to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate.
Termination of the Agreement under this section is not subject to appeal by Sponsor.
1) Suspension: The obligation of RCO to manage contract terms and make payments is contingent upon the
state appropriating state and federal funding each biennium. In the event the state is unable to appropriate
such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten
(10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the
contract must cease until such time funds are obligated to RCO and RCO provides notice to continue work.
2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law
and regulations.
DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between Sponsor and RCO, which cannot be
resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for
RCO: 22-2506 Revision Date: 5/1/2023
Page 17 of 18
37
a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. Sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person chosen by Sponsor, one person chosen by the director, and a third person chosen by the
two persons initially appointed. If a third person cannot be agreed on, the persons chosen by Sponsor and director shall be
dismissed and one alternate person chosen by Sponsor, and one alternate person chosen by the director shall be appointed
and they shall agree on a third person. This process shall be repeated until a three-person panel is established.
Any hearing under this section shall be informal, with the specific processes to be determined by the dispute panel according
to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so
agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a dispute hearing under this section by either party shall be delivered or mailed to the other party. The request
shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute. The written Agreement to use the process under this section for resolution of
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the
receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys' fees.
GOVERNING LAW/VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a
lawsuit involving this Agreement, venue shall be exclusively in Thurston County Superior Court if legally proper; otherwise
venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a
county where venue is legally proper. Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of
the State of Washington and agrees to venue as set forth above.
SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
END OF STANDARD TERMS AND CONDITIONS
This is the end of the Standard Terms and Conditions of the Agreement.
RCO: 22-2506
38
Revision Date: 5/1/2023 Page 18 of 18
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
August 28, 2023- 5:30 p.m.
Councilmembers Present:
Staff Present:
- Hybrid Meeting; Hazelnut Conference Room & MS Teams
Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp
Eric Dreyer, David Rosen, Kari Sand, Eric Lund, Karen Lentz
Chair Abdi called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Grant Agreement: Planning for Recreation Access
Staff is seeking Council approval of a grant agreement with the Washington Recreation and
*Conservation Office in the amount of $197,300 for the Playbook for Inclusive Park Design
Project.
Committee Recommendation:
Unanimous approval. Forward to September 18, 2023 Regular Meeting Consent Agenda.
B. Grant Agreement: Mental Health Co -Responder Program
Staff is seeking Council approval of a grant agreement with the Association of Washington
Cities in the amount of $105,000 to fund contracted services of the Sound Health Co -responder
through June 30, 2024.
Committee Recommendation:
Unanimous approval. Forward to September 18, 2023 Regular Meeting Consent Agenda.
C. Ordinance: Drug Possession
Staff is seeking Council approval of an ordinance to allow city prosecution of drug possession
consistent with Washington State Law.
Committee Recommendation:
Unanimous approval. Forward to August 28, 2023 Committee of the Whole.
II. MISCELLANEOUS
The meeting adjourned at 6:34 p.m.
Committee Chair Approval
Minutes by LH
39
40
COUNCIL AGENDA SYNOPSIS
,tv)* ' �, 4 Initials
ITEM No.
Z
Meeting Date
Prepared by
Mayor's review
Council review
sc'
9/18/23
JB
�
6 . D .
1908
ITEM INFORMATION
STAFF SPONSOR: ERIC DREVER
ORIGINAL AGENDA DATE: 9/18/23
AGENDA ITEM TITLE Grant to Provide MHP Co -Responder Services
CATEGORY ❑ Discussion
Mtg Date
11 Motion
Mtg Date 9/18/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R
11
Police ❑ PW
SPONSOR'S The Police Department has been awarded a no -match grant that reimburses the
SUMMARY contractual cost of the PD's MHP Co -Responder. Due to the size of the grant (maximum of
$105,000), policy dictates that Council must provide their approval prior to execution.
REVIEWED BY ❑ Trans&Infrastructure Svcs I
❑ LTAC ❑
DATE: 8/28/23
Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: ABDI
RECOMMENDATIONS:
SPONsoR/ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/18/23
MTG. DATE
ATTACHMENTS
9/18/23
Informational Memorandum dated 08/22/2023
Contract titled "AWC MHP Tukwila Grant Agreement 2023"
Minutes from the CSS Committee meeting of 08/28/23
41
42
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Eric Dreyer, Chief of Police
BY: Jake Berry, Police Department Budget Analyst
CC: Mayor Ekberg
DATE: August 22nd 2023
SUBJECT: Grant to Provide MHP Co -Responder Services
ISSUE
The Police Department has been awarded a no -match grant through the Association of
Washington Cities (AWC) that provides funding for a Mental Health Professional (MHP) to
respond in -field to assist those in crisis and/or experiencing traumatic events. This grant
replaces the 2022 MHP grant which expired in June of 2023. Because this grant agreement
exceeds the Mayor's signing authority, the Police Department is asking Council to authorize the
Mayor to execute the agreement.
BACKGROUND
The 2022 AWC MHP Co -Responder grant was AWC's first foray into funding police department -
level MHP programs. Funded by Senate Bill 5693, the purpose was to assist cities with the
documented costs to create co -responder programs within different alternative diversion models
including law enforcement assisted diversion programs, community assistance referral and
education programs, and as part of mobile crisis teams.
The 2022 grant was to fund programs that were in the start-up phase and was written to fund
Tukwila's second MHP Co -Responder. The 2023 AWC grant provides funding for the PD's
MHP Co -Responder contractual agreement with Sound Mental Health (rather than just the costs
of the second Co -Responder).
DISCUSSION
The Police Department's MHP Co -Responder program has been serving the community for
over a year now with a great deal of success. Through this no -match grant -funded partnership
with AWC, the program will receive funding to continue the good work.
FINANCIAL IMPACT
This is a no -match grant with a maximum value of $105,000, a start date of July 1st 2023 and an
end date of June 30th 2024. The grant will reimburse the Police Department for the contracted
services of the Sound Mental Health -provided Co -Responder, which are currently $8,500 per
month. If Sound Mental Health raises the cost of the contract to exceed the grant's $105,000
the Police Department will fund the remaining costs using Drug Seizure Funds.
RECOMMENDATION
The Council is being asked to authorize the Mayor to execute this no -match grant and forward
this item to the September 18th 2023 Regular Meeting consent agenda for consideration.
ATTACHMENTS
AWC Co -Responder Grant Agreement
43
44
Alternative Response Team Grant Grantee Funding Agreement
Association of Washington Cities
Grant ("Grant") with
The City of Tukwila
through
The Alternative Response Team Grant.
A program funded under Senate Bill 5187, Section 215-69a
For
Jurisdiction Name
City of Tukwila
Program
Description
Alternative Response Co -Responder Program
Start date:
July 1, 2023
End date: June 30, 2024
45
FACE SHEET
Grant Number: ART23-12
Association of Washington Cities (AWC)
Alternative Response Team Grant (ARTG)
Senate Bill 5187, Section 215-69a went into effect on July 1, 2023. The purpose of this grant is to assist cities
with the documented costs to create co -responder programs within different alternative diversion models
including law enforcement assisted diversion programs, community assistance referral and education
programs, and as part of mobile crisis teams. AWC has determined that entering into a Contract with the City
of Tukwilawill meet the goals of these funds.
1. Grantee
City of Tukwila Police Department
2. Grantee Doing Business As (optional)
3. Grantee Representative
Jake Berry
Tukwila Police Department Budget Analyst
4. AWC Representative
Jacob Ewing 1076 Franklin Street SE
Special Projects Coordinator Olympia, WA
(360) 753-4137 98501
jacobe@awcnet.org
5. Grant Amount
$105,000
6. Start Date
July 1, 2023
7. End Date
June 30, 2024
8. Tax ID #
9. Grant Purpose
Establish an alternative response team program as described in Attachment A.
AWC and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have
executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of
both parties to this Grant are governed by this Grant and the following other documents incorporated by reference:
Grantee General Terms and Conditions including Attachment "A" — Scope of Work; Attachment "B" — Budget & Budget
Narrative; Attachment "C" — Grantee Data Collection; Attachment (D) — Grantee Agent(s).
FOR GRANTEE
FOR Association of Washington Cities
Date
Date
Last revision 11/23/2021
46
1
Alternative Response Team Grant Grantee Funding Agreement
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the Grant contact person for
all communications and billings regarding the performance of this Grant.
The Representative for AWC and their contact information are identified on the Face Sheet of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet of this
Grant.
2. TERM
The initial term of the Contract shall be July 1, 2023, and continue through June 30, 2024, unless terminated
sooner as provided herein. The term of the contract may be extended by an amendment signed by both
parties.
3. PAYMENT
AWC shall pay an amount not to exceed $105,000 for the performance of all things necessary for or incidental
to the performance of work as set forth in the ARTG Application and described in Attachment A. Grantee's
compensation for services rendered shall be based on the completion of duties as outlined in the ARTG
application, in Attachment A, in accordance with the following sections.
4. BILLING PROCEDURES AND PAYMENT
AWC will reimburse Grantee upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for AWC not more often than monthly. Grantee will
use the invoice form provided by AWC to request reimbursement.
The invoices shall describe and document, to AWC's satisfaction, a description of the work performed, the
progress of the project, and fees. The invoice shall include the Grant Number ART23-12. A receipt must
accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.
If errors are found in the submitted invoice or supporting documents, AWC will notify the Grantee to make
corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and
notify AWC.
Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly
completed invoices. Payment shall be sent to the address designated by the Grantee.
AWC may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for
services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be
made by AWC.
Duplication of Billed Costs
The Grantee shall not bill AWC for services performed under this Grant, and AWC shall not pay the Grantee,
if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that
service. This does not include fees charged for summer recreation programs.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or
that of its Grantees.
Final Reimbursement and Reporting Deadline
When the project is completed the Grantee must submit a final report and supporting documents needed to
close out the project no later than July 31, 2024.
AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final reporting from
the Grantee has been submitted and verified.
47
Alternative Response Team Grant Grantee Funding Agreement
Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that
are incurred prior to the expiration date must be submitted by the Contractor to AWC within thirty (30)
calendar days after the Contract expiration date. AWC is under no obligation to pay any claims that are
submitted thirty-one (31) or more calendar days after the Contract expiration date ("Belated Claims"). AWC
will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the
availability of funds.
5. GRANTEE DATA COLLECTION/REPORTING REQUIREMENTS
Grantee will submit reports, in a form and format to be provided by AWC (See Attachment C). Data must be
provided to AWC along with final billing.
6. AGENTS
Agent(s) in this contract refers to any third -party entity and its employees that the Grantee has subcontracted
with to provide services funded through this agreement. The Grantee is responsible for ensuring that any
agent complies with the provision herein.
Any of the Grantee's agent(s) that will provide services under this contract must be listed in Attachment D —
Grantee Agent(s) and must provide proof of insurance per Section 6 of this document.
7. INSURANCE
a. Workers' Compensation Coverage. The Grantee shall at all times comply with all applicable workers'
compensation, occupational disease, and occupational health and safety laws, statutes, and regulations
to the fullest extent applicable. This requirement includes the purchase of industrial insurance coverage
for the Grantee's employees, as may now hereafter be required of an "employer" as defined in Title 51
RCW. Such workers' compensation and occupational disease requirements shall include coverage for
all employees of the Grantee, and for all employees of any subcontract retained by the Grantee, suffering
bodily injury (including death) by accident or disease, which arises out of or in connection with the
performance of this Grant. Satisfaction of these requirements shall include, but shall not be limited to:
i. Full participation in any required governmental occupational injury and/or disease
insurance program, to the extent participation in such a program is mandatory in any
jurisdiction;
ii. Purchase workers' compensation and occupational disease insurance benefits to
employees in full compliance with all applicable laws, statutes, and regulations, but only
to the extent such coverage is not provided under mandatory governmental program in "a"
above, and/or;
iii. Maintenance of a legally permitted and governmentally approved program of self-
insurance for workers' compensation and occupational disease.
Except to the extent prohibited by law, the program of the Grantee's compliance with workers'
compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall
provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees.
If the Grantee, or any agent retained by the Grantee, fails to effect and maintain a program of compliance
with applicable workers' compensation and occupational disease laws, statutes, and regulations and
AWC incurs fines or is required by law to provide benefits to such employees, to obtain coverage for such
employees, the Grantee will indemnify AWC for such fines, payment of benefits to Grantee or Grantee
employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf of such
employees. Any amount owed AWC by the Grantee pursuant to the indemnity may be deducted from
any payments owed by AWC to the Grantee for the performance of this Grant.
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Alternative Response Team Grant Grantee Funding Agreement
b. Automobile Insurance. In the event that services delivered pursuant to this Grant involve the use of
vehicles, owned or operated by the Grantee, automobile liability insurance shall be required. The
minimum limit for automobile liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
c. Business Automobile Insurance. In the event that services performed under this Grant involve the use
of vehicles or the transportation of clients, automobile liability insurance shall be required. If Grantee -
owned personal vehicles are used, a Business Automobile policy covering a minimum Code 2 "owned
autos only" must be secured. If the Grantee's employees' vehicles are used, the Grantee must also
include under the Business Automobile policy Code 9, coverage for "non -owned autos." The minimum
limits for automobile liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
d. Public Liability Insurance (General Liability). The Grantee shall at all times during the term of this
Grant, at its cost and expense, carry and maintain general public liability insurance, including contractual
liability, against claims for bodily injury, personal injury, death, or property damage occurring or arising
out of services provided under this Grant. This insurance shall cover such claims as may be caused by
any act, omission, or negligence of the Grantee or its officers, agents, representatives, assigns or
servants. The limits of liability insurance, which may be increased from time to time as deemed necessary
by AWC, with the approval of the Grantee (which shall not be unreasonably withheld), shall not be less
than as follows:
Each Occurrence
Products -Completed Operations Limit
Personal and Advertising Injury Limit
Fire Damage Limit (any one fire)
$1,000,000
$2,000,000
$1,000,000
$ 50,000
e. Local Governments that Participate in a Self -Insurance Program.
Alternatively, Grantees may maintain a program of self-insurance or participate in a property/liability
pool with adequate limits to comply with the Grant insurance requirements or as is customary to the
contractor or Grantee's business, operations/industry, and the performance of its respective obligations
under this Grant.
f. Additional Insured. The Association of Washington Cities, shall be specifically named as an additional
insured on all policies, including Public Liability and Business Automobile, except for liability insurance
on privately -owned vehicles, and all policies shall be primary to any other valid and collectible insurance.
AWC may waive the requirement to be specially named as an additional insured on policies, including
Public Liability and Business Automobile, provided that the Grantee provides: (1) a description of its self-
insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and
deductibles. All self-insured risk management programs or self-insured/liability pools must comply with
RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance
Program, the Washington State Auditor's reporting requirements and all related federal and state
regulations. Grantees participating in a joint risk pool shall maintain sufficient documentation to support
the aggregate claim liability information reported on the balance sheet. AWC, its agents, and employees
need not be named as additional insured under a self-insured property/liability pool, if the pool is
prohibited from naming third parties as additional insured.
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Alternative Response Team Grant Grantee Funding Agreement
g. Proof of Insurance. Certificates and or evidence satisfactory to the AWC confirming the existence,
terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of the
Grantee's receipt of Authorization to Proceed.
h. General Insurance Requirements. Grantee shall, at all times during the term of the Grant and at its
cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy
and maintain the required insurance may result in the termination of the Grant at AWC's option. By
requiring insurance herein, AWC does not represent that coverage and limits will be adequate to protect
Grantee and such coverage and limits shall not limit Grantee's liability under the indemnities and
reimbursements granted to AWC in this Grant.
Grantee shall include all agents of the Grantee as insureds under all required insurance policies, or shall
furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance
requirements stated herein. Failure of agent(s) to comply with insurance requirements does not limit
Grantee's liability or responsibility.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in
the following order:
• Applicable federal and state of Washington statutes and regulations
• Grant and Grantee General Terms and Conditions
• Attachment A — ARTG Application & Scope of Work
• Attachment B — Budget & Budget Narrative
• Attachment C — Grantee Reporting Requirements
• Attachment D — Grantee Agent(s)
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Alternative Response Team Grant Grantee Funding Agreement
GRANTEE GENERAL TERMS AND CONDITIONS
1. Access to Data. In compliance with Chapter 39.26 RCW, the Grantee shall provide access to data
generated under this Grant to AWC, and to the extent necessary to comply with RCW 39.26, the Joint
Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access
to all information that supports the findings, conclusions, and recommendations of the Grantee's reports,
including computer models and methodology for those models.
2. Alterations and Amendments. This Grant may be amended only by mutual agreement of the parties in
writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized
to bind each of the parties.
3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the "ADA" 28
CFR Part 35. In relation to this Grant, the Grantee must comply with the ADA, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state
and local government services, and telecommunications.
4. Assignment. Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by
the Grantee without prior written consent of AWC.
5. Assurances. AWC and the Grantee agree that all activity pursuant to this Grant will be in accordance with
all applicable current federal, state and local laws, rules and regulations.
6. Attorney's Fees. In the event of litigation or other action brought to enforce contract terms, each party
agrees to bear its own attorney's fees and costs.
7. Budget Revisions. Any monetary amount budgeted by the terms of this Grant for various activities and line
item objects of expenditure, as outlined in Attachment B — Budget & Budget Narrative, may be revised without
prior written approval of AWC, so long as the revision is no more than ten percent (10%) of the original line
item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to
or greater than the increase. All other budget revisions exceeding ten percent (10%) shall only be made with
the prior written approval of AWC. Grantee will use the funding change request form provided by AWC to
request these budget revisions.
8. Certification Regarding Wage Violations. The Grantee certifies that within three (3) years prior to the date
of execution of this Grant, Grantee has not been determined by a final and binding citation and notice of
assessment issued by the Washington Department of Labor and Industries or through a civil judgment
entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082,
any provision of RCW chapters 49.46, 49.48, or 49.52.
The Grantee further certifies that it will remain in compliance with these requirements during the term of this
Grant. Grantee will immediately notify AWC of any finding of a willful violation entered by the Washington
Department of Labor and Industries or through a civil judgment entered by a court of limited or general
jurisdiction entered during the term of this Grant.
9. Change in Status. In the event of substantive change in the legal status, organizational structure, or fiscal
reporting responsibility of the Grantee, Grantee agrees to notify AWC of the change. Grantee shall provide
notice as soon as practicable, but no later than thirty (30) days after such a change takes effect.
10. Copyright Provisions. Unless otherwise provided, all Materials produced under this Contract shall be
considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the AWC.
AWC shall be considered the author of such Materials. If Materials are not considered "works for hire",
Grantee hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property
rights, to AWC effective from the moment of creation of such Materials.
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Alternative Response Team Grant Grantee Funding Agreement
Materials means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Copyright ownership includes the right to patent, register and the ability to transfer
these rights.
Grantee understands that, except where otherwise agreed to in writing or approved by the AWC or designee,
all original works of authorship produced under this Contract shall carry a Creative Commons Attribution
License, version 4.0 or later.
All Materials the Grantee has adapted from others' existing openly licensed resources must be licensed
with the least restrictive open license possible that is not in conflict with existing licenses.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced
under the Contract, Grantee will license the materials to allow others to translate, reproduce, distribute,
prepare derivative works, publicly perform, and publicly display. If the Grantee would like to limit these pre-
existing portions of the work to non-commercial use, the Creative Commons Attribution-NonCommercial-
ShareAlike license, version 4.0 or later, is acceptable for these specific sections.
The Grantee warrants and represents that Grantee has all rights and permissions, including intellectual
property rights, moral rights and rights of publicity, necessary to apply such a license.
The Grantee shall exert all reasonable effort to advise the AWC, at the time of delivery of data furnished
under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such
document which was not produced in the performance of this Contract. AWC shall receive prompt written
notice of each notice or claim of infringement received by the Grantee with respect to any data delivered
under this Contract. AWC shall have the right to modify or remove any restrictive markings placed upon the
data by the Grantee.
11. Covenant Against Contingent Fees. The Grantee warrants that no person or selling agent has been
employed or retained to solicit or secure this Grant upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent
maintained by the Grantee for the purpose of securing business. AWC shall have the right, in the event of
breach of this clause by the Grantee, to annul this Grant without liability or, in its discretion, to deduct from
the contract price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fees.
12. Disputes. In the event that a dispute arises under this Grant, the parties will use their best efforts to amicably
resolve any dispute, including use of alternative dispute resolution options.
13. Duplicate Payment. AWC shall not pay the Grantee, if the Grantee has charged or will charge the State of
Washington or any other party under any other contract or agreement, for the same services or expenses.
14. Entire Agreement. This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to
bind any of the parties hereto.
15. Ethical Conduct. Neither the Grantee nor any employee or agent of the Grantee shall participate in the
performance of any duty or service in whole or part under this Grant in violation of, or in a manner that violates
any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17A.550, RCW 42.17A.555,
and 41.06.250 prohibiting the use of public resources for political purposes.
16. Governing Law and Venue. This Grant shall be construed and interpreted in accordance with the laws of
the State of Washington and the venue of any action brought hereunder shall be in Superior Court for
Thurston County.
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Alternative Response Team Grant Grantee Funding Agreement
17. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless
AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death arising
out of or resulting from the performance of this Grant. "Claim" as used in this Grant, means any financial
loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily
injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use
resulting therefrom. Additionally, -claims" shall include but not be limited to, assertions that the use or
transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or
otherwise results in an unfair trade practice or in unlawful restraint of competition. Grantee's obligation to
indemnify, defend and hold harmless includes any claim by Grantee's agents, employees, representatives,
or any subcontractor or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs,
charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to Grantee's
or its agent's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, or hold
harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent negligence by AWC,
or their agents, employees, or officials.
Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless AWC, and their agents, employees, or officials.
18. Independent Capacity of the Grantee. The parties intend that an independent Grantee relationship will be
created by this Grant. The Grantee and his/her employees or agents performing under this Grant are not
employees or agents of AWC. The Grantee will not hold itself out as nor claim to be an officer or employee
of AWC, nor will the Grantee make any claim or right, privilege, or benefit which would accrue to such
employee under law. Conduct and control of the work will be solely with the Grantee.
19. Licensing and Accreditation Standards. The Grantee shall comply with all applicable local, state, and
federal licensing, accreditation and registration requirements/standards, necessary to the performance of
this Grant.
20. Limitation of Authority. Only AWC or AWC's delegate by writing (delegation to be made prior to action)
shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or
condition of this Grant is not effective or binding unless made in writing and signed by AWC.
21. Non -Discrimination. The Grantee shall comply with all the federal and state non-discrimination laws,
regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the ground
of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran or military
status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or
service animal, be unlawfully excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any activity performed by the Grantee and its agents under this Grant. The
Grantee shall notify AWC immediately of any allegations, claims, disputes, or challenges made against it
under non-discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the
event of the Grantee's noncompliance or refusal to comply with this nondiscrimination provision, this Grant
may be rescinded, cancelled or terminated in whole or part, and the Grantee may be declared ineligible for
further contracts with AWC.
22. Overpayments. Grantee shall refund to AWC the full amount of any overpayment under this Grant within
thirty (30) calendar days of written notice. If Grantee fails to make a prompt refund, AWC may charge Grantee
one percent (1%) per month on the amount due until paid in full.
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Alternative Response Team Grant Grantee Funding Agreement
23. Public Disclosure. Grantee acknowledges that AWC is subject to the Washington State Public Records
Act, Chapter 42.56 RCW, and AWC acknowledges that the Grantee is subject to the Washington State Public
Records Act, Chapter 42.56 RCW, and that this Grant shall be a public record as defined in RCW 42.56.
Any specific information that is claimed by either party to be confidential or proprietary must be clearly
identified as such by that party. To the extent consistent with chapter 42.56 RCW, each party shall attempt
reasonably to maintain the confidentiality of all such information marked confidential or proprietary. If a
request is made to view such information, the party receiving the public records request will notify the other
party of the request and the date that such records will be released to the requester unless the other party
obtains a court order enjoining that disclosure. If such party fails to obtain the court order enjoining
disclosure, the party receiving the records request will release the requested information on the date
specified.
24. Publicity. The Grantee agrees to submit to AWC all advertising and publicity matters relating to this Grant
which in the AWC's judgment, AWC's name can be implied or is specifically mentioned. The Grantee agrees
not to publish or use such advertising and publicity matters without the prior written consent of AWC.
25. Registration with Department of Revenue. The Grantee shall complete registration with the Department
of Revenue and be responsible for payment of all taxes due on payments made under this Grant.
26. Records Maintenance. The Grantee shall maintain all books, records, documents, data and other evidence
relating to this Grant and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Grant. Grantee shall retain such records for a period of six years following
the date of final payment. At no additional cost, these records, including materials generated under the Grant,
shall be subject at all reasonable times to inspection, review or audit by the AWC, personnel duly authorized by
AWC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been resolved.
27. Right of Inspection. The Grantee shall provide right of access to its facilities utilized under this Grant to
AWC or any of its officers responsible for executing the terms of this Grant at all reasonable times, in order
to monitor and evaluate performance, compliance, and/or quality assurance under this Grant on behalf of
AWC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere with
the Grantee's business or work hereunder.
28. Severability. The provisions of this Grant are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Contract.
29. Subcontracting. Neither the Grantee nor any agent of the Grantee shall enter into subcontracts for any of
the work contemplated under this Grant without obtaining prior written approval of AWC. Grantee is
responsible to ensure that all terms, conditions, assurances and certifications set forth in this Grant are
included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or
reduce liability of the Grantee to the AWC for any breach in the performance of the Grantee's duties. This
clause does not include contracts of employment between the Grantee and personnel assigned to work
under this Grant.
If, at any time during the progress of the work, AWC determines in its sole judgment that any agent of the
Grantee is incompetent, AWC shall notify the Grantee, and the Grantee shall take immediate steps to
terminate the agent's involvement in the work. The rejection or approval by AWC of any agent or the
termination of an agent shall not relieve the Grantee of any of its responsibilities under the Grant, nor be the
basis for additional charges to AWC.
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Alternative Response Team Grant Grantee Funding Agreement
30. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the Grantee or its staff shall be the sole responsibility of the Grantee.
31. Technology Security Requirements. The security requirements in this document reflect the applicable
requirements of Standard 141.10 (https://ocio.wa.qov/policies) of the Office of the Chief Information Officer
for the state of Washington, which by this reference are incorporated into this agreement.
The Grantee acknowledges it is required to comply with WaTech Office of Chief Information Officer (OCIO)
IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets.
OCIO IT Security Standard 141.10, Securing Information Technology Assets, applies to all AWC assets
stored as part of a service, application, data, system, portal, module, components or plug-in product(s) that
are secured as defined by the WaTech OCIO's IT Security Policy 141 and OCIO IT Security Standard 141.10,
Securing Information Technology Assets.
As part of OCIO IT Security Standard 141.10, a design review checklist and/or other action may be
required. These activities will be managed and coordinated between AWC and the Grantee. Any related
costs to performing these activities shall be at the expense of the Grantee. Any such activities and resulting
checklist and/or other products must be shared with AWC.
32. Termination for Convenience. Except as otherwise provided in this Grant, AWC may, by ten (10) days
written notice, beginning on the second day after the mailing, terminate this Grant in whole or in part. The
notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and
received by the Grantee as of midnight the second day of mailing in the absence of proof of actual delivery
to and receipt by the Grantee. If this Grant is so terminated, AWC shall be liable only for payment required
under the terms of the Grant for services rendered or goods delivered prior to the effective date of termination.
33. Termination for Default. In the event AWC determines the Grantee has failed to comply with the conditions
of this Grant in a timely manner, AWC has the right to suspend or terminate this Grant. AWC shall notify the
Grantee in writing of the need to take corrective action. If corrective action is not taken within thirty (30) days,
the Grant may be terminated. AWC reserves the right to suspend all or part of the Grant, withhold further
payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the Grantee or a decision by AWC to terminate
the Contract. In the event of termination, the Grantee shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original Grant and the replacement or cover
Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive
bidding, mailing, advertising and staff time. The termination shall be deemed to be a "Termination for
Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside
of his or her control, fault or negligence. The rights and remedies of the AWC provided in this Grant are not
exclusive and are in addition to any other rights and remedies provided by law.
34. Termination Due to Funding Limitations or Contract Renegotiation, Suspension. In the event funding
from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of
this Grant and prior to normal completion of this Grant, with the notice specified below and without liability
for damages:
a. At AWC's discretion, AWC may give written notice of intent to renegotiate the Grant under the revised
funding conditions.
b. At AWC's discretion, AWC may give written notice to Grantee to suspend performance when AWC
determines there is reasonable likelihood that the funding insufficiency may be resolved in a
timeframe that would allow Grantee's performance to be resumed.
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Alternative Response Team Grant Grantee Funding Agreement
(1) During the period of suspension of performance, each party will inform the other of any
conditions that may reasonably affect the potential for resumption of performance.
(2) When AWC determines that the funding insufficiency is resolved, it will give the Grantee
written notice to resume performance, and Grantee shall resume performance.
(3)
Upon the receipt of notice under b. (2), if Grantee is unable to resume performance of this
Grant or if the Grantee's proposed resumption date is not acceptable to AWC and an
acceptable date cannot be negotiated, AWC may terminate the Grant by giving written notice
to the Grantee. The parties agree that the Grant will be terminated retroactive to the date of
the notice of suspension. AWC shall be liable only for payment in accordance with the terms
of this Grant for services rendered prior to the retroactive date of termination.
c. AWC may immediately terminate this Grant by providing written notice to the Grantee. The
termination shall be effective on the date specified in the termination notice. AWC shall be liable only
for payment in accordance with the terms of this Grant for services rendered prior to the effective
date of termination. No penalty shall accrue to AWC in the event the termination option in this section
is exercised.
d. For purposes of this section, "written notice" may include email.
35. Termination Procedure. Upon termination of this Grant the AWC, in addition to other rights provided in this
Grant, may require the Grantee to deliver to AWC any property specifically produced or acquired for the
performance of such part of this Contract as has been terminated. The provisions of the "Treatment of
Assets" clause shall apply in such property transfer.
The AWC shall pay to the Grantee the agreed upon price, if separately stated, for completed work and
services accepted by AWC and the amount agreed upon by the Grantee and AWC for (a) completed work
and services for which no separate price is stated, (b) partially completed work and services, (c) other
property or services which are accepted by AWC, and (d) the protection and preservation of the property,
unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to
agree with such determination shall be a dispute within the meaning of the "Disputes" clause for this Grant.
The AWC may withhold from any amounts due to the Grantee such sum as AWC determines to be necessary
to protect AWC against potential loss or liability.
The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any
other rights and remedies provided by law under this Grant.
After receipt of a notice of termination, and except as otherwise directed by the AWC, the Grantee shall:
a. Stop work under this Grant on the date and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary
for completion of such portion of the work under the Grant that is not terminated;
c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and
interest of the Grantee under the orders and subcontracts in which case AWC has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts,
with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification
shall be final for all the purposes of this clause;
e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, any
property which, if the Grant had been completed, would have been required to be furnished to AWC;
f. Complete performance of such part of the work not terminated by AWC; and
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Alternative Response Team Grant Grantee Funding Agreement
g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of the
property related to this Grant which, in is in the possession of the Grantee and in which AWC has or may
acquire an interest.
36. Waiver. A failure by either part to exercise its rights under this Grant shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement.
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in
writing and signed by personnel authorized to bind each of the parties.
57
58
ARTG Application & Scope of Work
PURPOSE
Attachment A
The purpose of this grant is to assist cities with the documented costs to create co -responder
programs within different alternative diversion models including law enforcement assisted
diversion programs, community assistance referral and education programs, and as part of
mobile crisis teams.
CONTRACTOR RESPONSIBILITIES
GRANTEE is required to implement the Alternative Response Team Grant (ARTG) Program as
described in their application for funding, with no unapproved substantive derivations. Requests
for changes to this scope of work, or services laid out in the applicant's application can be made
to Jacob Ewing, Special Projects Coordinator at jacobe@wacities.org.
This program shall include the following elements as central features of their program:
• Grant recipients must establish a co -responder team using an alternative diversion
model including law enforcement assisted diversion program, community assistance
referral and education program, or a mobile crisis team.
In the event that there is a change in the contract or program management staff paid for by this
grant, it is expected that GRANTEE will notify AWC of the change to include the name and
contact information for the new staff member.
If GRANTEE fails to perform to the standards set forth above, AWC remains able to remedy
noncompliance as outlined in the grant document, including provisions for suspension,
termination and/or recapture of funds already paid to the grantee.
SCOPE & GOALS OF ARTG PROGRAM
The City of Tukwila has established a co -responder program in partnership with Sound Health.
The goal of this program is to put troubled non-violent people in the hands of behavioral health
professionals and divert them from hospitalization or jail into support services. This work is
intended to lower re -offense rates, reduce the incidence of incarceration, and result in fewer
emergency department or psychiatric hospital visits. Additionally, this program creates a path for
non -emergency health and safety calls to be redirected to a specialized team made up of a
Tukwila Police Officer and a Mental Health Professional. This team will provide de-escalation,
diversions, and referrals to appropriate services.
59
Attachment B
ARTG Budget & Narrative
GRANT FUNDED PROGRAM BUDGET
Category
Cost
Staffing
$0
Supplies & Equipment
$0
Transportation
$0
Professional Services
$0
Contracted Services
$105,000
Other
$0
TOTAL
$105,0001
PROGRAM BUDGET NARRATIVE
Contracted Services: Grant funds will be used to contract with Sound Health to provide a qualified
mental health professional co -responder for the Tukwila Police Department.
60
Attachment C
Grantee Reporting Requirements
FINAL REPORT
A final program report is due to AWC by July 31, 2024. The final report must contain the following
information:
• Describe program participants including:
o Number of individuals served
o Gender (Male, Female, Nonbinary, etc.) of individuals served
o Age of individuals served
o Veteran status of individuals served
o Substance abuse or mental health issues of individuals served
o Reason for contact
o Outcome of contact (No outcome, referral to services, involuntary transport, etc.)
o Long-term outcome of individual receiving services (No outcome, permanent
housing, shelter, etc.)
• Describe the type of program funded and the geographic area served.
• Explain how the program targeted vulnerable individuals.
• Explain how the program created greater access for vulnerable individuals to available
programs and services.
• Discuss program successes and challenges.
MONTHLY REPORT
Additionally, Grantees will submit monthly status reports to AWC. Monthly reports will be due
the five business days following the end of the previous month. The monthly reports will address
the following questions:
• Briefly describe the work accomplished over the past month?
• What successes has your program seen this past month?
• What challenges has your program seen this past month?
• Do you have any challenges or issues you need to discuss with AWC?
15
61
Attachment D
Grantee Agent(s)
List any Agent(s) that will provide program services in a program funded through the
ARTG Program.
Name of Agent
Address
16
62
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
August 28, 2023- 5:30 p.m.
Councilmembers Present:
Staff Present:
- Hybrid Meeting; Hazelnut Conference Room & MS Teams
Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp
Eric Dreyer, David Rosen, Kari Sand, Eric Lund, Karen Lentz
Chair Abdi called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Grant Agreement: Planning for Recreation Access
Staff is seeking Council approval of a grant agreement with the Washington Recreation and
Conservation Office in the amount of $197,300 for the Playbook for Inclusive Park Design
Project.
Committee Recommendation:
Unanimous approval. Forward to September 18, 2023 Regular Meeting Consent Agenda.
B. Grant Agreement: Mental Health Co -Responder Program
Staff is seeking Council approval of a grant agreement with the Association of Washington
*Cities in the amount of $105,000 to fund contracted services of the Sound Health Co -responder
through June 30, 2024.
Committee Recommendation:
Unanimous approval. Forward to September 18, 2023 Regular Meeting Consent Agenda.
C. Ordinance: Drug Possession
Staff is seeking Council approval of an ordinance to allow city prosecution of drug possession
consistent with Washington State Law.
Committee Recommendation:
Unanimous approval. Forward to August 28, 2023 Committee of the Whole.
II. MISCELLANEOUS
The meeting adjourned at 6:34 p.m.
Committee Chair Approval
Minutes by LH
63
64
COUNCIL AGENDA SYNOPSIS
Fy��.; 4s. Initials
ITEM NO.
a'lf:
‘ i
Meeting Date
Prepared by
Mayor's review
Council review
—1 --*N‘
C
9/18/23
JB
I90a
ITEM INFORMATION
STAFF SPONSOR: ERIC DREVER
ORIGINAL AGENDA DATE: 9/18/23
AGENDA ITEM TITLE NCHIP FY21 Grant Agreement
CATEGORY ❑ Discussion
Mtg Date
0 Motion
Mtg Date 9/18/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Lire ❑ P&R
11
Police ❑ PW
SPONSOR'S The existing FY21 NCHIP Grant expired on April 30th, 2023 with funds remaining unspent.
SUMMARY The attached agreement extends the end date of the original grant through September
30th, 2024. All other portions of the agreement remain the same. The Police Department is
asking Council to authorize the Mayor to execute this contract.
REVIEWED BY ❑ Trans&Infrastructure Svcs a
❑ LTAC ❑
DATE: 9/11/23
Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/18/23
MTG. DATE
ATTACHMENTS
9/19/23
Informational Memorandum dated 9/11/23
Contract Titled "NCHIP FY21 Grant Amended Agreement"
Minutes from the CSS Committee of 9/11/23 (distributed separately)
65
66
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Eric Dreyer, Chief of Police
BY: Jake Berry, Public Safety Budget Analyst
CC: Mayor Ekberg
DATE: September 11th, 2023
SUBJECT: Amendment to NCHIP FY21 Grant
ISSUE
The FY21 NCHIP Grant expired on April 30th, 2023 with funds remaining unspent. The attached
agreement extends the end date of the original grant through September 30th, 2024. All other
portions of the agreement remain the same. The Police Department is asking Council to
authorize the Mayor to execute this contract.
BACKGROUND
The National Criminal History Improvement Program (NCHIP) grant provides funding for 90% of
the Police Department's Records Disposition Research Specialist position. The Police
Department pays the matching 10% from its General Fund.
The Records Disposition Research Specialist position is responsible for making corrections,
additions, or changing dispositions to the over 9,000 police cases taken annually. Per the State
of Washington, the purpose of this grant is to "improve criminal history information in state and
federal files through disposition work, records order execution, and correcting booking
information."
DISCUSSION
The referenced grant amendment is presented as an agreement rather than an amendment due
to the City's policy that prohibits amending agreements after their end dates have passed. The
sole purpose of this agreement is to change the end date from April 30th, 2023 to September
30th, 2024. All work conducted by the Records Disposition Specialist during this period will be
subject to the grant's reimbursement up to the grant's maximum value of $73,140.
The original NCHIP FY21 grant (22-047) was approved by Council on 12/13/2021. The
Department is working with NCHIP administrators on a new agreement that will take effect once
the funds from FY21 have been exhausted, estimated to be in the next month or so.
FINANCIAL IMPACT
Acceptance of this agreement presents no incremental expense. It allows Washington State
Patrol to reimburse the Police Department for work the Records Disposition Specialist has
completed since the agreement's original end date expired until 9/30/24 or the grant's funds
have been exhausted. Total grant amount is $73,140 and the PD's match is 10% of funds spent.
RECOMMENDATION
The Police Department asks that Council authorizes the Mayor to sign the agreement.
ATTACHMENTS
NCHIP FY21 Grant Amended Agreement (as reviewed and approved by City attorney)
67
68
WASHINGTON STATE PATROL
FEDERAL GRANT SUBRECIPIENT AGREEMENT
WSP Agreement
K17598-1
Subrecipient Number
FEDERAL GRANT
Federal Grant Award Name
National Criminal History Improvement Program (NCHIP)
CFDA Number(s)
16.554
Award Year
2021
Award Number
15PBJS-21-GK-00148-
NCHI
Award Date
October 19, 2021
Award Amount
$1,341,939
Match: $149,116
Federal Performance Period
10/01/2021 —09/30/2023
Is the Public
purposes
of
'
Agency a subrecipient of federal assistance for the
this agreement?
Yes ❑ No
Is this agreement funded by a
development?
❑ Yes
federal
4
award for research and
No
WASHINGTON STATE PATROL (WSP)
WSP Project Director Name and Title
Ms. Deborah Collinsworth
WSP CRD Assistant Division Commander
WSP Project Director Address
WSP Criminal Records Division
PO Box 42619, Olympia, WA 98504-2619
Telephone
(360) 534-2102
E-mail Address
Deborah.Collinsworth@wsp.wa.gov
WSP Administrative Contact Name and Title
Mr. Adam Vigil
Contract Specialist
WSP Administrative Contact Address
WSP Budget and Fiscal Services
PO Box 42602, Olympia WA 98504-2602
Telephone (360) 596-4084
E-mail Address Adam.Vigil@wsp.wa.gov
SUBRECIPIENT
Public Agency Name
City of Tukwila Police
Statewide Vendor Registration Number
SWV00 -
Location Address (zip+4)
15005 Tukwila International Blvd, Tukwila WA 98188-
Mailing Address (zip+4) (if different from location address)
Contact Name
Jake Berry, Public Safety Analyst
Unique Entity Identifier
Contact Telephone 206-433-1808
Contact E-mail Address pdgrants@tukwilawa.gov
Additional Public Agency Contact Name
Rebecca Hixson
E-mail Address
r.hixson@tukwilawa.gov
SUBAWARD
Start Date
May 1, 2022
End Date
September 30, 2024
Maximum Agreement Amount
Project Cost: $73,140.00
Federal $65,826.00 Local $7,314.00
This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference,
contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing
below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement.
FOR THE WASHINGTON STATE PATROL:
FOR THE PUBLIC AGENCY:
WSP Signature Date
Public Agency Signature Date
Printed Name and Title
John R. Batiste, Chief
Printed Name and Title
Allan Ekberg, Mayor
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 12/9/10
FY21 NCHIP Subrecipient Agreement
Page 1 of 10
69
FY21 NCHIP GRANT SUBRECIPIENT AGREEMENT
1. Definitions.
"Agreement" means this Federal grant subrecipient agreement, including all documents attached
or incorporated by reference.
"Equipment" means an article of nonexpendable, tangible personal property having a useful life of
more than one year and an acquisition cost which equals the lesser of (a) the capitalization level
established by the governmental unit for financial statement purposes, or (b) $5,000.
"BJS" means the Bureau of Justice Statistics of the U.S. Department of Justice, Office of the
Justice Programs, the grantor of National Criminal History Improvement Program (NCHIP) Grant
funds.
"Public Agency" means the entity performing services to this Agreement and includes the Public
Agency's officers, directors, trustees, employees and/or agents unless otherwise stated in this
Agreement. For the purposes of this agreement, the Public Agency shall not be considered an
employee or agent of WSP.
"WSP" means the State of Washington, Washington State Patrol, and its officers, directors,
trustees, employees and/or agents.
2. Statement of Work. The Public Agency shall perform the services as set forth in the attached
Exhibit A, Statement of Work.
3. Special Terms and Conditions. In addition to the terms contained in this Agreement, the Public
Agency shall comply with the terms and conditions contained in Exhibit B, Special Terms and
Conditions, which is attached hereto and incorporated herein.
4. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A, Statement of
Work, for work performed to the satisfaction of the WSP Project Director. Compensation for
services rendered shall be payable upon receipt of properly completed invoices, which shall be
submitted not more often than monthly to the WSP Project Director. The invoice shall be in the
format designated by WSP and shall include the following:
a. description of the work performed
b. activities accomplished
c. progress of the project
d. fees and expenses
e. match amount as well as amount requested for reimbursement
f. a copy of the Public Agency's property record which includes the tag number that is assigned
to the equipment
reference to WSP's agreement number.
g.
The Public Agency shall submit the final invoice no later than forty-five (45) calendar days from
the completion of the Project or no later than 45 days of the Agreement End Date.
5. Agreement Alterations and Amendments. WSP and the Public Agency may mutually amend
this Agreement. Such amendments shall not be binding unless they are in writing and signed by
personnel authorized to bind WSP and the Public Agency.
6. Assignment. The work to be provided under this Agreement, and any claim arising thereunder,
is not assignable or delegable by either party in whole or in part, without the express written
consent of the other party.
FY21 NCHIP Subrecipient Agreement Page 2 of 10
70
FY21 NCHIP GRANT SUBRECIPIENT AGREEMENT
7. Certification regarding Debarment, Suspension or Ineligibility. Federal funds are the basis
for this Agreement. The Public Agency certifies that neither the Public Agency nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this Agreement by any federal department or agency. If requested
by WSP, the Public Agency shall complete and sign a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Public
Agency for this Agreement shall be incorporated into this Agreement by reference. Further, the
Public Agency agrees not to enter into any arrangements or contracts related to this Agreement
with any party that is on the "General Service Administration List of Parties Excluded from
Federal Procurement or Non -procurement Programs" which can be found at www.sam.gov.
8. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both
parties shall comply with all federal and state nondiscrimination laws.
9. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a
Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute
Board. The Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and
the Public Agency shall jointly appoint a member to the Dispute Board. The Dispute Board shall
evaluate the dispute and make a determination of the dispute. The determination of the Dispute
Board shall be final and binding to all parties to this Agreement.
10. Federal Funding Accountability and Transparency Act. In order to comply with the Federal
Funding Accountability and Transparency Act, the Public Agency shall provide to WSP the
following information:
a. The Public Agency's Data Universal Numbering System (DUNS) unique identifier;
b. The names and total compensation of the five most highly compensated officers of the
Public Agency if the Public Agency in the preceding fiscal year received (i) 80 percent or
more of its annual gross revenues in Federal awards; and (ii) $25,000,000 or more in annual
gross revenues from Federal awards; and (iii) the public does not have access to
information about the compensation of the senior executives of the entity through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; and
c. Other relevant information specified by the U.S. Office of Management and Budget in
subsequent guidance or regulation.
11. Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP
harmless for all claims resulting from the acts or omissions of the Public Agency and its
subcontractors. WSP shall be responsible for and shall indemnify and hold the Public Agency
harmless for all claims resulting from the acts or omissions of WSP and its subcontractors.
12. Independent Capacity. The employees or agents of each party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that party and shall
not be considered for any purpose to be employees or agents of the other party.
13. Monitoring
a. Visits and requests for documentation. WSP is responsible for monitoring Public Agency's
compliance with grant requirements. Monitoring may consist of visits to Public Agency and
routine requests for project documentation.
b. Maintenance of Records. During the term of this Agreement and for one year following
termination or expiration of this Agreement, the Public Agency shall give reasonable access
to the Public Agency's place of business and records to WSP and any other employee or
agent of the State of Washington or the United States of America for the purpose of
FY21 NCHIP Subrecipient Agreement Page 3 of 10
71
FY21 NCHIP GRANT SUBRECIPIENT AGREEMENT
inspecting the Public Agency's place of business and its records, and monitoring, auditing
and evaluating the Public Agency's performance and compliance with applicable laws,
regulations, rules and this Agreement.
During the term of this Agreement and for six years following termination or expiration of this
Agreement, the Public Agency shall maintain records sufficient to document (i) performance
of all acts required by statute, regulation, rule, or this Agreement; (ii) substantiate the Public
Agency's statement of its organization's structure, tax status, capabilities and performance;
and (iii) demonstrate accounting procedures, practices and records which sufficiently and
properly document the Public Agency's invoices to WSP and all expenditures made by the
Public Agency to perform as required by this Agreement.
14. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, or
between its terms and any applicable statute or rule the inconsistency shall be resolved by giving
precedence in the following order to:
Applicable federal and state law, regulations and rules,
This Agreement,
Exhibit A, Statement of Work;
Exhibit B, Special Terms and Conditions;
Any other provision of this Agreement,
Any document incorporated by reference, including:
NCHIP award
Public Agency's proposal.
15. Personnel. WSP personnel performing work under the terms of this Agreement shall be under
the direct command and control of the Chief of WSP or designee, and shall perform duties
required under this Agreement in a manner consistent with WSP policy and regulations, and
applicable federal, state and local laws. The assignment of WSP personnel under this Agreement
shall be at the discretion of the Chief of WSP or designee.
16. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn,
reduced or limited, or if additional or modified conditions are placed on such funding, WSP may
immediately terminate this Agreement by providing written notice to the Public Agency. This
termination shall be effective on the date specified in the notice of termination.
17. Severability. If any provision of this Agreement or any provision of any document incorporated
by reference shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement which can be given effect without the invalid provision, if such remainder conforms to
the requirements of applicable law and the fundamental purpose of this Agreement, and to this
end the provisions of this Agreement are declared to be severable.
18. Single Audit Act Compliance. If the Public Agency expends $750,000 or more in federal
awards from any and/or all sources in any fiscal year, the Public Agency shall procure and pay for
a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the
Public Agency shall:
a. Submit to the WSP Project Director the data collection form and reporting package specified
in 2 CFR Part 200, Subpart F, reports required by the program -specific audit guide (if
applicable), and a copy of any management letters issued by the auditor;
b. Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part
200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of
all audit findings included in the prior audit's schedule of findings and questioned costs..
FY21 NCHIP Subrecipient Agreement Page 4 of 10
72
FY21 NCHIP GRANT SUBRECIPIENT AGREEMENT
19. Statewide Payee Registration. The Public Agency shall register as a Statewide Payee prior to
submitting a request for payment under this Agreement. The Washington State Department of
Enterprise Services (DES) maintains the Statewide Payee Registration System; to obtain
registration materials go to:
http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx.
20. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may
subcontract for any of the services provided under this Agreement with the prior, written approval
of WSP. The Public Agency shall be responsible for the acts and omissions of any subcontractor.
21. Termination. Except as otherwise provided in this Agreement, either party may terminate this
Agreement upon thirty (30) calendar days written notification. If this Agreement is so terminated,
the terminating party shall be liable only for performance in accordance with the terms of this
Agreement for performance rendered prior to the effective date of termination
22. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude
that party from subsequent exercise of such rights and shall not constitute a waiver of any other
rights under this Agreement unless stated to be such in writing and signed by an authorized
representative of the party and attached to the original Agreement.
FY21 NCHIP Subrecipient Agreement Page 5 of 10
73
Exhibit A
STATEMENT OF WORK
1. Introduction. The purpose of this Agreement is to provide Fiscal Year 2021 (FY21) National
Criminal History Improvement Program (NCHIP) grant funds to the Public Agency in order to
increase the number of fingerprint submissions sent to and received by the state repository.
2. Scope of Work. As described in the Public Agency's FFY2021 NCHIP application, the Public
Agency shall improve criminal history information in state and federal files through disposition work,
records order execution and correcting booking information. .
3. Project Budget. WSP shall reimburse the Federal Share of the following budget:
PROJECT:
CATEGORY
A PERSONNEL
B FRINGE BENEFITS
Improve Criminal History Information
ITEM
Disposition Research Specialist
Disposition Research Specialist
COST
$ 54,568
$
18,572
73,140
73,140
65,826
7,314
DIRECT COSTS $
INDIRECT $
TOTAL PROJECT $
FEDERAL (Maximum 90% of actual cost) $
PUBLIC AGENCY MATCH (10%) $
Indirect may be charged for total direct costs. As a local government, the Public Agency is required
to prepare and retain its indirect cost proposal on file for review. If applicable, Public Agency shall
use the approved federally recognized indirect cost rate negotiated between the Public Agency and
the Federal Government or, if no such rate exists, either a rate negotiated between the WSP and
the Public Agency, or a de minimis indirect cost rate as defined in 2 C.F.R. 200.414(f). Any changes
to the indirect amount noted in the above budget will require an amendment.
The Public Agency Match may only be for allowable grant expenses. It is the Public Agency's
responsibility to maintain records of the expenses used for match.
Expenditures may only occur within the categories listed above. Changes of up to 10 percent can
be made without prior approval from WSP. Changes that exceed 10 percent will require the Public
Agency to submit a budget change request to WSP for pre -approval.
4. Equipment Management.
a. Automated Biometric Identification System (ABIS) Equipment. Any ABIS equipment purchased
under this award will conform to the American National Standards Institute (ANSI) Standard,
"Data Format for the Interchange of Fingerprint, Facial & Other Biometric Information
(ANSI/NIST-ITL 1-2007 PART 1) and other reporting standards of the FBI.
b. Title to Equipment. Upon successful completion of the terms of this Agreement, all equipment
purchased by the Public Agency with Agreement funds will be owned by the Public Agency, or
a recognized subrecipient for which a contract, subgrant agreement, or other means of legal
transfer or ownership is in place.
c. Use of Equipment. The Public Agency, or a recognized subrecipient, shall be responsible for
any and all operation, maintenance, replacement, and for the safe operation of the equipment,
including all questions of liability.
FY21 NCHIP Subrecipient Agreement Page 6 of 10
74
d. Equipment Records. The Public Agency shall maintain Equipment records that include: a
description of the Equipment; the manufacturer's serial number, model number, or other
identification number, including the tag number; the source of the Equipment, including the
Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date;
the cost of the Equipment and the percentage of federal participation in the cost; the location,
use and condition of the Equipment at the date the information was reported; and disposition
data including the date of disposal and sale price of the Equipment. Equipment records shall
be retained by the Public Agency for a period of six (6) years from the date of the disposition,
replacement or transfer. If any litigation, claim, or audit is started before the expiration of the
six year period, the records shall be retained by the Public Agency until all litigations, claims,
or audit findings involving the records have been resolved. A copy of the Public Agency's
record showing the above information of the purchased equipment is required when
requesting reimbursement for the equipment.
e. Inventories. The Public Agency shall take a physical inventory of the Equipment and reconcile
the results with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Public Agency to determine the cause of the difference. The Public Agency
shall, in connection with the inventory, verify the existence, current utilization, and continued
need for the Equipment. The Public Agency shall develop a control system to ensure
adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or
theft shall be investigated and a report generated. The Public Agency will develop adequate
maintenance procedures to keep the property in good condition.
f. Disposition of Equipment. If the Public Agency is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest possible return. When
original or replacement equipment is no longer needed for the original project or program or
for other activities currently or previously supported by a federal agency, disposition of the
equipment will be made as follows:
• Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Public Agency with no further obligation to
the awarding agency.
• Items of equipment with a current per-unit fair market value of more than $5,000 may be
retained or sold and the Public Agency shall compensate the U.S. Department of Justice
for its share. The Public Agency shall contact WSP before equipment is disposed.
5. Reports.
a. Semi -Annual Reports. The Public Agency shall submit to the WSP Project Manager semi-
annual progress reports within 15 calendar days after the end of the reporting periods, which
are January 1 - June 30 and July 1 - December 31, for the life of this Agreement.
b. Final Report. The Public Agency shall submit a final report to the WSP Project Director at the
completion of the Project, documenting all relevant project activities during the entire period
of support under this Agreement. The Final Report shall be in the format provided by WSP
and shall include a summary and assessment of the program carried out with this Agreement,
including how funds were actually used and data to support statements of progress. The final
report is due no later than 30 days at the completion of the Project and no later than 30 days
following the close of the Agreement.
FY21 NCHIP Subrecipient Agreement Page 7 of 10
75
SPECIAL TERMS AND CONDITIONS
1 Federal Funding.
Exhibit B
a. Federal funds under this award will be used to supplement and not supplant local
government funds. Grant funds may be used only for the purposes in the Public Agency's
approved application.
b. If Public Agency has other active awards of federal funds or receives other federal awards
during the period of performance for this award that are to be used in part or in whole for
identical costs for which funds are provided under this award, the Public Agency shall
promptly notify WSP in writing of potential duplication. If so requested, Public Agency must
seek budget or project modification to eliminate inappropriate duplication of funding.
c. All recipients of federal funds shall comply with all applicable restrictions on the use of federal
funds set out in federal appropriations status. Pertinent restrictions are available at
httops://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated
by reference here.
2. Part 200 Uniform Requirements. The Uniform Administrative Requirements, Cost Principles, and
Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part
2800 (together, the Part 200 Uniform Requirements) apply to this FY 2018 from OJP.
3. Financial Guide. The Public Agency agrees to comply with the financial and administrative
requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial
Guide.
4. Personally Identifiable Information (PII) Requirement. The Public Agency must have written
procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it
creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded
program activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130).
The Public Agency's breach procedures must include a requirement to report actual or imminent
breach of PII to WSP no later than 24 hours after an occurrence of an actual breach, or the
detection of an imminent breach.
5. Procurement contract exceeding $150,000. Public Agency are obtain pre -approval from WSP for
any procurement contracts that are in excess of $150,000.
6. Requirements pertaining to prohibited conduct related to trafficking in persons. The Public
Agency must comply with all applicable requirements pertaining to prohibited conduct related to
the trafficking of persons. Requirements and further details are posted on OJP website at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and are incorporated by
reference here.
7. Equal Employment Opportunity Plan. The Public Agency acknowledges that failure to submit an
acceptable Equal Employment Opportunity Plan (if Public Agency is required to submit one
pursuant to 28 C.F.R. Section 42.302) that is approved by the Office for Civil Rights, U.S.
Department of Justice, may result in suspension or termination of funding, until such time as the
Public Agency is in compliance.
8. Employment Eligibility Verification. The Public Agency shall ensure that, as part of the hiring
process that is funded with award funds, the Public Agency properly verifies the employment
eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C.
FY21 NCHIP Subrecipient Agreement Page 8 of 10
76
1324a(a)(1) and (2). The Public Agency may choose to participate in E -Verify (www.e-verify.gov)
to confirm employment eligibility for each position that will be funded by award funds.
9. Lobbying. The Public Agency understands and agrees that it cannot use any federal funds, either
directly or indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government.
10. Federal False Claims Act. The Public Agency must promptly notify WSP of any credible evidence
that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has
either 1) submitted a false claim for Agreement funds under the False Claims Act; or 2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving Agreement funds.
11. Performance Measures. The Public Agency agrees to provide performance related data, as
outlined in the program announcement to be used to measure the results of the project.
12. Withholding Funds. The Public Agency understands and agrees that funds may be withheld
(including funds under future awards), or other related requirements may be imposed, if the
required information is not submitted on a timely basis. Funds may also be withheld if the Public
Agency fails to satisfactorily and promptly address outstanding issues from audits or
investigations or reviews of DOJ awards.
13. Consultant Rates. Approval of this Agreement does not indicate approval of any consultant rate
in excess of $650 per day. A detailed justification must be submitted to and approved by WSP
prior to obligation or expenditure of such funds.
14. Environmental Laws and Regulations. The Public Agency agrees to comply with all federal,
state, and local environmental laws and regulations applicable to the development and
implementation of the activities to be funded under this Agreement.
15. Text Messaging While Driving. Pursuant to Executive Order 13513, "Federal Leadership on
Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), BJS
encourages recipients and sub recipients of Agreement funds to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing
work funded by this Agreement, and to establish workplace safety policies and conduct
education, awareness, and other outreach to decrease crashes caused by distracted drivers.
16. Conferences. The Public Agency shall comply with all applicable laws, regulations, policies, and
official DOJ guidance governing the use of federal funds for expense related to conferences,
including the provision of food and/or beverages at such conferences, and costs of attendance.
17. Non -disclosure Agreements. The Public Agency shall not require any employee or contractor to
sign an internal confidentiality statement that prohibits or restricts the reporting of waste, fraud, or
abuse to an investigative or law enforcement representative of a federal department or agency
authorized to receive such information.
18. OJP Training Guiding Principles. Any training or training material that the Public Agency
develops or delivers with award funds shall adhere to the OJP Training Guiding Principles for
Grantees and Subgrantees (https://ojp.gov/funding/Implement/TrainingPrinciplesforGrantees-
Subgrantees.htm).
19. Reprisal. The Public Agency, in compliance with 41 U.S.C. 4712, shall not discriminate against an
employee as reprisal for the disclosure of information related to gross mismanagement of a
federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a
substantial and specific danger to public health or safety, or a violation of law, rule or regulation
related to a federal grant.
FY21 NCHIP Subrecipient Agreement Page 9 of 10
77
20. Subrecipients.
a. General. If the Public Agency is a subrecipient of federal awards as defined by 2 CFR Part
200 and this Agreement, the Public Agency shall:
(1) Maintain records that identify, in its accounts, all federal awards received and expended
and the federal programs under which they were received, by Catalog of Federal. Domestic
Assistance (CFDA) title and number, award number and year, name of the federal agency,
and name of the pass-through entity;
(2) Maintain internal controls that provide reasonable assurance that the Public Agency is
managing federal awards in compliance with laws, regulations, and provisions of contracts or
grant agreements that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards;
(4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between
the Public Agency and its Subcontractors who are subrecipients;
(5) Comply with the applicable requirements of 2 CFR Part 200, including any future
amendments to 2 CFR Part 200, and any successor or replacement Office of Management
and Budget (OMB) Circular or regulation; and
(6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans
with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age
Discrimination Act of 1975, and The Department of Justice Non -Discrimination Regulations,
28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 54. (Go to
www.ojp.usdoj.gov/ocr/ for additional information and access to the aforementioned Federal
laws and regulations.)
b. "High Risk" Designation. If the Public Agency is designated a "high risk" by a federal grant -
making agency outside of DOJ during the course of this award, the Public Agency must
disclose the fact to WSP. The Public Agency agrees to comply with any additional
requirements may be imposed by the DOJ or WSP.
c. Overpayments. If it is determined by WSP, or during the course of a required audit, that the
Public Agency has been paid unallowable costs under this or any Program Agreement, WSP
may require the Public Agency to reimburse WSP in accordance with 2 CFR Part 200.
d. The Public Agency, if a law enforcement agency, shall have been certified or in the process
of being certified by an approved independent credentialing body.
FY21 NCHIP Subrecipient Agreement Page 10 of 10
78
COUNCIL AGENDA SYNOPSIS
,t•)* ' �, 4 Initials
ITEM No.
Z
Meeting Date
Prepared by
Mayor's review
Council review
sc'
9/18/23
SW
�
6 . F .
190
ITEM INFORMATION
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 9/18/23
AGENDA ITEM TITLE Resolution authorizing the cancellation of abandoned or unclaimed property for 2023
reporting.
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
.1 Resolution
Mtg Date 9/18/23
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD 11 Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S The resolution authorized the cancellation of abandoned funds (unclaimed property).
SUMMARY Unclaimed property will be reported to the Department of Revenue (DOR) Unclaimed
Property Section. The Council is being asked to approve the resolution for cancellation of
unclaimed property.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety
❑ LTAC ❑ Arts Comm.
DATE: 9/11/23 COMMITTEE
❑
Finance & Governance ❑ Planning & Community Dev.
Parks Comm. ❑ Planning Comm.
CHAIR: KRULLER
RECOMMENDATIONS:
SPONsoR/ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to Consent Agenda on 9/18/23
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/18/23
MTG. DATE
ATTACHMENTS
9/18/23
Informational Memorandum dated 9/11/23
Resolution
Attachment A - 2023 Unclaimed Property Summary Report
Minutes from the FIN Committee meeting of 9/11/23 (distributed separately)
79
80
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: Finance & Governance Committee
FROM: Vicky Carlsen, Finance Director
BY: Cindy Wilkins, Fiscal Specialist
CC: Mayor Ekberg
DATE: September 11, 2023
Allan Ekberg, Mayor
SUBJECT: 2023 Reporting of Abandoned Property to the Washington State
Department of Revenue Unclaimed Property Section
ISSUE
Annual write-off of outstanding and unredeemed accounts payable and payroll claims.
BACKGROUND
Each year by November 1st, the City of Tukwila reports abandoned or unclaimed property that is
owed either to individuals or business vendors to the Washington State Department of Revenue
Unclaimed Property Section and removes these items from the accounting records. All local
governments are required to report unclaimed property except unclaimed restitution. Normal
restitution is then reported each year by the County Treasurer to the State Treasurer.
Current Finance Department policy dictates that all abandoned or unclaimed property be
reported annually to the Washington State Department of Revenue Unclaimed Property Section
through the Council approved resolution process.
DISCUSSION
For the 2023 unclaimed property report year, reporting of abandoned or unclaimed property
totals $13,826.65 comprised of General Fund Accounts Payable Claims checks and Court
checks.
To the extent possible, those individuals and businesses with unclaimed accounts payable
claims and payroll checks have been notified by the City through "good faith" effort of being
mailed due diligence letters. These individuals and businesses have either not responded to
the due diligence notifications and/or cannot be located to claim their property.
RECOMMENDATION
The Council is being asked to approve the Resolution declaring the cancellation of unclaimed
General Fund accounts payable claims and payroll checks, and municipal court checks and
consider these items on the Consent Agenda at the September 18, 2023 Regular Council
Meeting.
ATTACHMENTS
Proposed Draft Resolution
Attachment A - 2023 Unclaimed Property Summary Report
81
82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AUTHORIZING THE
CANCELLATION OF OUTSTANDING GENERAL FUND
CLAIMS AND MUNICIPAL COURT CHECKS.
WHEREAS, the State of Washington, Department of Revenue Unclaimed Property
Section, for the reporting on year 2022, requires a one-year dormancy period for
outstanding claims issued from the General Government Fund and a two-year
dormancy period for Municipal Court checks; and
WHEREAS, the City of Tukwila Finance Department has made all reasonable
attempts to resolve the outstanding, unredeemed General Fund claims and Municipal
Court checks; and
WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding,
unclaimed General Fund claims and Municipal Court Checks issued prior to July 1,
2022;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council authorizes the cancellation of General Fund claims and
Municipal Court checks as detailed on Attachment A, the 2023 Unclaimed Property
Summary Detail Report.
CC:\Legislative Development\Cancellation of outstanding claims and checks 8-25-23
Sherry Wright Review by Andy Youn
Page 1 of 2
83
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment A: 2023 Unclaimed Property Summary Report (7/1/2021 — 6/30/2022)
CC:\Legislative Development\Cancellation of outstanding claims and checks 8-25-23
Sherry Wright Review by Andy Youn
84
Page 2 of 2
Attachment A - 2023 Unclaimed Property Summary Report - Reporting Period 7/1/2021 - 6/30/2022
Accounts Payable
CHECK #
DATE
Payee ID
Vendor
Description
Dept
GL CODE
Amount
00386598
07/19/2021
V018771
VISIONECT LTD
JOAN 6 CLOUD SUBSCRIPTION
ADM
000.04.518.880.49.00
595.00
00386703
08/05/2021
V020551
FOSTER CREEK APTS LLC
COVID ASSIST - RAYMOND SUERO #A03
ADM
000.04.557.201.49.11
2,400.00
00387027
09/21/2021
V000527
CITY OF SEATTLE, CITY LIGHT
COVID ASSIST - SADIKA ILJAZOVIC
ADM
000.04.557.201.49.11
906.12
00387733
01/14/2022
V011005
STEPHANIE BROWN
RETURN OF CITY EQUIPMENT
ADM
000.04.518.100.42.00
30.74
00400209
03/07/2022
V020444
INSIGHT PUBLIC SECTOR INC
Online Services -Subscriptions
ADM
AS004012-546004
7.94
00400529
04/29/2022
V020638
BRE MG MF JV LLC
COVID ASSIST - WENDA #A205
ADM
AS004201-549015
3,568.36
00383465
03/16/2020
V012232
SAUL KRUBALLY
INTERPRETER FEE 3/11
CRT
000.09.512.500.41.03
100.00
00386116
05/03/2021
V020879
ZAINAB A WASSEF
WITNESS FEE 4/1/21
CRT
000.09.512.500.49.04
10.00
00386607
08/02/2021
V021002
ALEXI G. AGUILAR-SOLANO
WITNESS FEE 6/30/21
CRT
000.09.512.500.49.04
10.00
00386610
08/02/2021
V021003
ANUJIN BAYARBAATAR
WITNESS FEE 6/30/21
CRT
000.09.512.500.49.04
10.00
00386640
08/02/2021
V020997
ANJANA KRISHNA
WITNESS FEE 6/30/21
CRT
000.09.512.500.49.04
10.00
00386649
08/02/2021
V020952
SUDI M MOHAMEDNUR
WITNESS FEE 6/30/21
CRT
000.09.512.500.49.04
10.00
00386655
08/02/2021
V021000
KEVIN NGUYEN
WITNESS FEE 6/30/21
CRT
000.09.512.500.49.04
10.00
00386808
08/23/2021
V021060
KEVIN MAXWELL
WITNESS FEE 7/30/21
CRT
000.09.512.500.49.04
10.00
00386837
08/23/2021
V021061
ITZEL G ESCAMILLA TREJO
WITNESS FEE 7/30/21
CRT
000.09.512.500.49.04
10.00
00386996
09/20/2021
V001820
NOVA C PHUNG
INTERPRETER FEE 9/13
CRT
000.09.512.500.41.03
146.25
00387108
10/18/2021
V009456
ANGELO ABELLA
INTERPRETER FEE 10/13
CRT
000.09.512.500.41.03
96.00
00387108
10/18/2021
V009456
ANGELO ABELLA
INTERPRETER FEE 9/24
CRT
000.09.512.500.41.03
96.00
00387108
10/18/2021
V009456
ANGELO ABELLA
INTERPRETER FEE 9/20
CRT
000.09.512.500.41.03
96.00
00387303
11/15/2021
V021187
NICHOLAS D CORDOVA
WITNESS FEE 10/27/21
CRT
000.09.512.500.49.04
10.00
00387316
11/15/2021
V020838
ANDREA B HERNANDEZ
WITNESS FEE 10/27/21
CRT
000.09.512.500.49.04
10.00
00387745
01/14/2022
V021272
KATHLEEN COOK
WITNESS FEE
CRT
000.09.512.500.49.04
10.00
00387758
01/14/2022
V021274
KATELIN M FLICKINGER
WITNESS FEE
CRT
000.09.512.500.49.04
10.00
00400030
01/31/2022
V020489
LESERINE MURITOK
INTERPRETER FEE 1/12/22
CRT
MC009100-541012
100.00
00400030
01/31/2022
V020489
LESERINE MURITOK
INTERPRETER FEE 1/19/22
CRT
MC009100-541012
100.00
00400451
04/18/2022
V030072
TONY N CENTOFANTE
WITNESS FEE 3/30/22
CRT
MC009100-549011
10.00
00400517
04/29/2022
V009456
ANGELO ABELLA
INTERPRETER FEE 4/18/22
CRT
MC009100-541012
96.00
00400684
05/23/2022
V030105
JAMILA ADRIAN BUSTAMANTE
WITNESS FEE 04/27/21
CRT
MC009100-541011
10.00
00400857
06/21/2022
V009456
ANGELO ABELLA
Tagalog Interpreter 06/13/22
CRT
MC009100-541012
96.00
00400857
06/21/2022
V009456
ANGELO ABELLA
Ilocano Invoice
CRT
MC009100-541012
96.00
00383115
01/27/2020
V002158
RENTON RUBBER STAMP
DATE STAMP INV #29 1/2/2020
DCD
000.08.558.710.31.00
152.29
00387696
01/04/2022
V005325
SCOTT ALEXANDER GOLF SHOP INC
TOURN 2 GOLF CART RENTAL
GOL
411.00.576.681.45.00
1,408.00
00386859
09/07/2021
V017817
ALL TRAFFIC DATA
INV #23887(21-023) TRAFFIC COUNTS 2021
PWG
104.98.544.200.4100
650.00
00386859
09/07/2021
V017817
ALL TRAFFIC DATA
INV #2378(21-023) TRAFFIC COUNTS 2021
PWG
104.98.544.200.4100
650.00
00400186
03/07/2022
V017817
ALL TRAFFIC DATA
Professional Services
PWG
PW103200-541000
155.00
00400186
03/07/2022
V017817
ALL TRAFFIC DATA
Professional Services
PWG
PW104100C-541000
650.00
00384993
12/07/2020
V017534
JOSHUA ALLEN
BOOT ALLOWANCE
PWM
401.01.534.800.28.00
162.79
00385315
01/18/2021
V017534
JOSHUA ALLEN
OT MEALS - J ALLEN
PWM
401.01.534.800.43.00
36.00
00385612
03/01/2021
V017534
JOSHUA ALLEN
OT MEALS - J ALLEN
PWM
000.16.543.300.43.00
36.00
00387228
11/01/2021
V021148
JING HUANG
16042 42ND AVE S STORM 0/P
PWM
640.237.000
8.78
00387380
11/22/2021
V021196
MAXWELL DELAWYER
10908 49TH AVE S WATER 0/P
PWM
640.237.000
24.73
00383396
03/02/2020
V019835
DAVE THOMPSON
7/14/20 SHELTER REFUND
TCC
000.213.100
100.00
OO
01
Page 1 of 2
Attachment A - 2023 Unclaimed Property Summary Report - Reporting Period 7/20/2021 - 6/30/2022
Accounts Payable
CHECK #
DATE
Payee ID
Vendor
Description
Dept
GL CODE
Amount
00384678
10/19/2020
V019230
COWLITZ TRIBE
RENTAL REFUND
TCC
000.213.100
200.00
00386066
05/03/2021
V018379
CHRISTINE LUNA
FITNESS INSTRUCTION
TCC
000.07.571.206.41.00
270.00
00387007
09/20/2021
V021087
MATAPEPE TAULOLO
SECURITY DEPOSIT REFUND
TCC
000.213.100
100.00
00387558
12/20/2021
V021235
DEREK FIELDS
BASKETBALL PASS REFUND
TCC
000.213.100
40.00
00387141
10/18/2021
V021123
WALTER HILL
REFUND CREDIT BALANCE DUE TO TRANSITION TO KC, 7348200065
400.257.100
112.48
00387163
10/18/2021
V012205
MILES AND JENNIFER MITCHELL
REFUND CREDIT BALANCE DUE TO TRANSITION TO KC, 3597000142
400.257.100
41.64
00387193
10/18/2021
V021121
DARREN WRIGHT
REFUND CREDIT BALANCE DUE TO TRANSITION TO KC, 8864000110
400.257.100
23.23
AP TOTAL:
$ 13,491.35
PAYROLL
Check #
Date
Payee name
Pay Period Date
Amount
COURT
Case #
Date
Payee Name
Description
5/26/2022
Hook, Joseph
Hold as Unclaimed Money
25.00
CR0054074
4/11/2022
Ebiriekwe, Deontay
28.00
CR0059725
5/26/2022
Tukwila Municipal Court
50.00
IN0044950
5/26/2022
Sampson, Chakira Moore
Hold as Unclaimed Money
2.30
XZ0286035
7/20/2021
Dubose, Amari Zarae
Hold as Unclaimed Money
150.00
IN0058636
5/26/2022
Munoz, Francisco Emmanuel
Hold as Unclaimed Money
80.00
COURT TOTAL:
$ 335.30
TOTAL UNCLAIMED PROPERTY: $ 13,826.65
Page 2 of 2
COUNCIL A GENDA SYNOPSIS
,t•)* ' �, 4 Initials
ITEM No.
Z
Meeting Date
Prepared by
Mayor's review
Council review
sc'
(%/'
23
9/ 18/
SW
��
6.G.
1908
ITEM INFORMATION
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 9/18/23
AGENDA ITEM TITLE Resolution Ordering the Cancellation of Past Due Accounts Receivable
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
iI Resolution
Mtg Date 9/18/23
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD 11 Finance ❑ Fire ❑ PeER ❑ Police ❑ PW
SPONSOR'S There are certain accounts receivable that have been deemed uncollectible and need to be
SUMMARY removed from the Accounts Receivable ledger. The Council is being asked to consider and
approve the resolution ordering their cancellation.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety
❑ LTAC ❑ Arts Comm.
DATE: 9/11/23 COMMITTEE
❑
Finance & Governance ❑ Planning & Community Dev.
Parks Comm. ❑ Planning Comm.
CHAIR: KRULLER
RECOMMENDATIONS:
SPONsoR/ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/18/23
MTG. DATE
ATTACHMENTS
9/18/23
Informational Memorandum dated 9/11/2023
Resolution
Attachment A - 2023 AR Write -Offs
Attachment B - Historical Write -Offs
Minutes from the FIN Committee meeting of 9/11/23 (distributed separately)
87
88
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance & Governance Committee
FROM: Vicky Carlsen, Finance Director
BY: Cindy Wilkins, Fiscal Specialist
CC: Mayor Ekberg
DATE: September 11, 2023
SUBJECT: Cancellation of Accounts Receivable
ISSUE
Each year a resolution comes before the Council for the cancellation of uncollectable accounts
receivable. For 2023, these items include:
• Fire Department invoices
• Police False Alarms
• Public Works invoices
• Parks & Recreation invoice
GRAND TOTAL:
$6,723.17
35,450.00
26,995.72
1,666.66
$70,835.55
BACKGROUND
The process for tracking accounts receivable is quite thorough. The steps below are followed
prior to preparation of the attached write-off resolution.
• The Finance Department sends an invoice to a customer, payable in 30 days.
• If payment is not received within 30 days, the receivable is forwarded to our collection
agency, Armada Corp., and placed into pre -collect status.
• Next, Armada sends a Delinquency Notice to debtor notifying them of the past -due status
of the receivable and asks them to contact the City to make payment. Payments can still
be made directly to the City while in pre -collect status.
• Once 30 days in pre -collect status have passed, the receivable then rolls over to active
collections. At the onset of active collections, a letter is sent to the debtor notifying them
of the change in status from pre -collect to active collections and advising that payments
must now be made through the collection agency.
• When in active collections status, the debtor is contacted both by phone and letter. A
search is made for assets with which the debt could be satisfied. Once the debt has
been in active collections for 45 days, it is then reported to the national credit bureaus.
• The last process in the collections cycle is the pursuit of legal action. This includes
attaching checking accounts, garnishments, and lawsuits.
• It should be noted that while a debt may be written off our books, it is still active in
Armada's collection process.
DISCUSSION
The proposed amount of the 2023 Cancellation of Accounts Receivable is $70,835.55. This is
an annual housekeeping item.
89
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
The financial impact of cancelling $70,835.55 will be to reduce our accounts receivable balance
by this amount. Please note that while we are writing off the accounts receivable for accounting
purposes, the accounts are still being actively worked on for collection purposes except for
those accounts where a responsible party cannot be identified. Accounts covered by bankruptcy
law cannot be pursued.
RECOMMENDATION
The Council is being asked to approve the annual resolution authorizing the cancellation of
Accounts Receivable and to forward this item to the Regular Meeting Consent Agenda of
September 18, 2023.
ATTACHMENTS
Proposed Draft Resolution
Attachment A — 2023 AR Write -Offs
Attachment B — Historical Write -Offs
90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ORDERING THE
CANCELLATION OF PAST DUE ACCOUNTS
RECEIVABLES
WHEREAS, certain receivables and checks have been deemed uncollectable after
efforts by both the City and a collection agency have been unsuccessful; and
WHEREAS, the City will continue to pursue these receivables when practical;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Miscellaneous Accounts Receivable. The total of $70,835.55 (per Attachment A)
is deemed uncollectable.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment A: 2023 AR Write -Offs
CC:\Legislative Development\Cancellation of outstanding Accts Receivables 8-25-23
Sherry Wright Review by Andy Youn
Page 1 of 1
91
92
Attachment A - 2023 Write -Offs
* Outstanding invoices from Eden were re -keyed into Finance Enterprise creating new invoice numbers.
Customer ID
Customer Name
Eden Inv Date
Eden Inv #
Invoice Date
Invoice (Description
GL Account
Total
C00569 PACIFIC NW IRONWORKERS APPRETICESHIP #81 12/18/21 FF21-0186 01/07/2022 FD000018 12/18/2021 FIRE FALSE ALARM
C00470 PIERCE CO EMERGENCY MGMT 12/31/20 FI -00255 01/01/2022 FD000025 9/2020 OR WILDFIRE DEPLOYMENT
C00270
C00273
C00274
C00312
C00315
C00315
C00315
C00316
C00317
C00321
C00325
C00326
C00327
C00330
C00344
C00347
C00347
C00392
PC002849
C00400
C00401
C00402
C00403
C00403
C00403
C00405
C00406
C00407
C00414
C00415
C00415
C00415
C00428
C00424
C00432
C00432
CD
CA)
AAIC FIARWAY LLC
ABAS MOHAMMED
ACCESS TRIPS INC
ALSIDE SUPPLY CENTER
ASHLEY FURNITURE PARTNERS LLC
ASHLEY FURNITURE PARTNERS LLC
ASHLEY FURNITURE PARTNERS LLC
AZ TRADING INC
BANK OF AMERICA NA
BLEAKLEY SWANTE R
BURLINGTON COAT FACORY OF WA
CANYON ESTATE CONDOMINIUMS
CASH AMERICA WEST INC
CHOP IT UP BARBERSHOP
CONTINENTAL WESTERN GROUP
CORE GROUP WESTERN FOOD SVC
CORE GROUP WESTERN FOOD SVC
DOLLAR TRES STORES INC
DOLLAR TREE
EVERGREEN HOBBIES INC
FAIRWAY CENTER
FANZZ GEAR INC
FARGO ELECTRIC INC
FARGO ELECTRIC INC
FARGO ELECTRIC INC
FORWARDER SERVICES
FOSTER CREEK APARTMENTS LLC
FRANKS, LINDA R
HOMESTREET BANK
HORYAAL RESTAURANT LLC
HORYAAL RESTAURANT LLC
HORYAAL RESTAURANT LLC
INTL GATEWAY EAST LLC
HOWARD S WRIGHT
KEY BANK NATIONAL ASSN
KEY BANK NATIONAL ASSN
11/17/21
04/28/21
12/29/21
11/18/21
04/02/21
11/17/21
12/29/21
09/23/21
12/29/21
09/27/21
12/29/21
11/17/21
11/18/21
06/17/21
06/15/21
09/23/21
11/18/21
08/27/21
11/17/21
09/09/21
06/15/21
04/02/21
09/09/21
09/22/21
11/17/21
12/29/21
12/28/21
09/23/21
08/26/21
06/15/21
08/27/21
09/09/21
12/29/21
12/29/21
11/17/21
12/29/21
PD -00690
PD -00479
PD -00790
PD -00741
PD -00463
PD -00707
PD -00768
PD -00624
PD -00777
PD -00638
PD -00767
PD -00700
PD -00728
PD -00516
PD -00504
PD -00631
PD -00738
PD -00551
PD -00726
PD -00573
PD -00506
PD -00464
PD -00571
PD -00599
PD -00676
PD -00785
PD -00761
PD -00620
PD -00537
PD -00507
PD -00540
PD -00574
PD -00778
PD -00787
PD -00724
PD -00772
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
PD000002
PD000005
PD000006
PD000008
PD000011
PD000012
PD000013
PD000015
PD000017
PD000021
PD000026
PD000027
PD000028
PD000029
PD000035
PD000036
PD000037
PD000041
PD000042
PD000047
PD000048
PD000049
PD000050
PD000051
PD000052
PD000053
PD000054
PD000055
PD000066
PD000067
PD000068
PD000069
PD000070
PD000073
PD000077
PD000078
1 of 3
POLICE FALSE ALARM #6-8
POLICE FALSE ALARM #7-16
POLICE FALSE ALARM #2-3
POLICE FALSE ALARM #2
POLICE FALSE ALARM #9-16
POLICE FALSE ALARM #18-19
POLICE FALSE ALARM #20-21
POLICE FALSE ALARM #2-3
POLICE FALSE ALARM #4
POLICE FALSE ALARM #2
POLICE FALSE ALARM #2
POLICE FALSE ALARM #4
POLICE FALSE ALARM 37-9
POICE FALSE ALARM #2
POLICE FALSE ALARM #2-3
POLICE FALSE ALARM #2
POLICE FALSE ALARM 3-5
POLICE FALSE ALARM #2
POLICE FALSE ALARM #3-4
POLICE FALSE ALARM #2
POLICE FALSE ALARM #2-3
POLICE FALSE ALARM #3
POLICE FALSE ALARM #2
POLICE FALSE ALARM #4
POLICE FALSE ALARM #5
POLICE FALSE ALARM #3
POLICE FALSE ALARM #3
POLICE FALSE ALARM #2
POLICE FALSE ALARM #2
POLICE FALSE ALARM #2
POLICE FALSE ALARM #3
POLICE FALSE ALARM #4
POLICE FALSE ALARM #2
POLICE FALSE ALARM #2
POLICE FALSE ALARM #2
POLICE FALSE ALARM #2
FD011100-342800 250.00
FD011100-342210 6,473.17
6,723.17
PD010100-342800 750.00
PD010100-342800 2,500.00
PD010100-342800 500.00
PD010100-342800 250.00
PD010100-342800 2,000.00
PD010100-342800 500.00
PD010100-342800 500.00
PD010100-342800 500.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 750.00
PD010100-342800 250.00
PD010100-342800 500.00
PD010100-342800 250.00
PD010100-342800 750.00
PD010100-342800 250.00
PD010100-342800 500.00
PD010100-342800 250.00
PD010100-342800 500.00
PD010100-342800 250.00
PD010100-342800 500.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
CO
Attachment A - 2023 Write -Offs
*Outstanding invoices from Eden were re -keyed into Finance Enterprise creating new invoice numbers.
Customer ID
Customer Name
Eden Inv Date
Eden Inv #
C00444 LAKLARA INC
C00447 LEO STELLA LLC
C00451 MACY'S FURNITURE GALLERY
C00455 MANSHA ALLAH LLC
C00455 MANSHA ALLAH LLC
C00461 MATEVOSOV
C00474 MUTUAL MATERIALS COMPANY
C00474 MUTUAL MATERIALS COMPANY
C00482 NEW CINGULAR WIRELESS PCS LLC
C00482 NEW CINGULAR WIRELESS PCS LLC
C00482 NEW CINGULAR WIRELESS PCS LLC
C00482 NEW CINGULAR WIRELESS PCS LLC
C00506 NW GARDEN SUPPLY LLC
C00506 NW GARDEN SUPPLY LLC
C00485 0 & E LIQUOR LLC
C00485 0 & E LIQUOR LLC
C00485 0 & E LIQUOR LLC
C00481 OLD NAVY LLC
C00478 OPTION CARE ENTERPRISES INC
C00476 PERFORMANCE PRO SUPPLY SEATTLE
C00473 PETSMART INC #377
C00473 PETSMART INC #377
C00468 PRO GOLF DISCOUNT INC
C00459 ROYAL BISTRO INC
C00457 RUDY CUBE LLC
C00454 RYDER TRUCK RENTAL INC
C00436 SEATTLE'S BEST FLOORS LP
C00446 SANFT, LOUIE
C00256 SEATTLE CHAR LLC
C00423 SINGH, TARAN DG FOODS
C00423 SINGH, TARAN DG FOODS
C00423 SINGH, TARAN DG FOODS
C00421 SOMGRO INC
C00420 SOPHIYA MINI MARKET LLC
C00417 SP PLUS CORPORATION
C00412 SRG SOUTHCENTER LLC
C00404 SRS DISTRIBUTION INC
C00395 TUKWILA SCHOOL DISTRICT-SHOWALTER
C00383 UPS SUPPLY CHAIN SOLUTIONS
11/17/21
11/17/21
11/17/21
04/02/21
06/15/21
09/22/21
12/29/21
12/29/21
04/28/21
06/15/21
09/27/21
11/17/21
09/22/21
09/27/21
04/02/21
04/28/21
11/17/21
11/17/21
09/09/21
11/17/21
08/27/21
09/09/21
08/27/21
11/17/21
12/29/21
09/23/21
11/17/21
12/31/19
11/17/21
09/23/21
09/27/21
11/17/21
12/28/21
11/17/21
09/27/21
12/29/21
11/18/21
12/29/21
11/17/21
PD -00708
PD -00684
PD -00711
PD -00461
PD -00505
PD -00602
PD -00795
PD -00796
PD -00484
PD -00510
PD -00647
PD -00702
PD -00606
PD -00641
PD -00460
PD -00477
PD -00678
PD -00706
PD -00582
PD -00685
PD -00546
PD -00583
PD -00545
PD -00697
PD -00766
PD -00614
PD -00692
PF -04000
PF -04120
PD -00622
PD -00656
PD -00720
PD -00756
PD -00693
PD -00636
PD -00770
PD -00735
PD -00789
PD -00677
Invoice Date
Invoice (Description
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
PD000087
PD000089
PD000092
PD000096
PD000097
PD000101
PD000105
PD000106
PD000108
PD000109
PD000110
PD000111
PD000115
PD000116
PD000118
PD000119
PD000120
PD000123
PD000124
PD000125
PD000128
PD000129
PD000130
PD000134
PD000135
PD000146
PD000147
PD000148
PD000152
PD000160
PD000161
PD000162
PD000163
PD000164
PD000168
PD000171
PD000172
PD000176
PD000180
2 of 3
GL Account
Total
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
INV ADJ
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
FALSE ALARM #2
FALSE ALARM #2
FALSE ALARM #2
FALSE ALARM #2-6
FALSE ALARM #17-18
FALSE ALARM 2-3
FALSE ALARM 2-3
FALSE ALARM #2
FALSE ALARM #2
FALSE ALARM #3-4
FALSE ALARM #5
FALSE ALARM #6
FALSE ALARM #2
FALSE ALARM #3
FALSE ALARM #2-3
FALSE ALARM #4
FALSE ALARM #5
FALSE ALARM #2
FALSE ALARM #4-9
FALSE ALARM #2
FALSE ALARM #2
FALSE ALARM #3
FALSE ALARM #2
FALSE ALARM #2
FALSE ALARM #2
FALSE ALARM #2
FALSE ALARM #2
- BAL DUE ONLY
FALSE ALARM #3-4
FALSE ALARM #2-6
FALSE ALARM #7-10
FALSE ALARM #11
FALSE ALARM #3-6
FALSE ALARM #2
FALSE ALARM #3
FALSE ALARM #4
FALSE ALARM #5
FALSE ALARM #4
FALSE ALARM 2-3
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 1,250.00
PD010100-342800 500.00
PD010100-342800 500.00
PD010100-342800 500.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 500.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 350.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 1,250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 600.00
PD010100-342800 500.00
PD010100-342800 1,250.00
PD010100-342800 1,000.00
PD010100-342800 250.00
PD010100-342800 1,000.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 250.00
PD010100-342800 500.00
Attachment A - 2023 Write -Offs
*Outstanding invoices from Eden were re -keyed into Finance Enterprise creating new invoice numbers.
Customer ID
Customer Name
Eden Inv Date
Eden Inv #
C00381 US HEALTHWORKS MED GRP OF WA P
C00381 US HEALTHWORKS MED GRP OF WA P
C00378 VERA WHOLE HEALTH INC
C00374 VIDEO ONLY
C00361 WELLS FARGO BANK NATL ASSOCIATION
C00352 XAYAMOUNGCHANH, HENRY
C00322 BNSF RAILWAY COMPANY
C00441 KING LASIK INC PS
C00384 TUKWILA VILLAGE PHASE 2 OPPORT
C00379 VALHALLA BREWING & BEVERAGE CO
C00439 SEATTLE KING CO PUBLIC HEALTH
CD
01
11/17/21
12/29/21
09/28/21
06/15/21
12/29/21
11/18/21
07/02/19
11/02/21
07/20/21
08/05/21
PD -00716
PD -00771
PD -00663
PD -00514
PD -00780
PD -00744
GR -00238
PM -00164
PM -00153
PM -00158
Invoice Date
Invoice (Description
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/03/2022
01/01/2022
01/01/2022
01/01/2022
PD000182
PD000183
PD000185
PD000188
PD000192
PD000194
PW000004
PW000022
PW000027
PW000028
GL Account
Total
POLICE FALSE ALARM #3
POLICE FALSE ALARM #4
POLICE FALSE ALARM #19-23
POLICE FALSE ALARM #2-3
POLICE FALSE ALARM #2
POLICE FALSE ALARM #2
PDO10100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
BNSF INTERMODAL FAC ACCESS PRO PW104100-367120
WSDOT REIMB
SW CHGS FOR TAX PARCELS
Q3 2021 UB DISCHARGE
01/01/2022 RC000006 BSK-KPL DEC 2021
3 of 3
PW401800-343405
PW412380-343100
PW402800-343505
PR007100-333933
250.00
250.00
1,250.00
500.00
250.00
250.00
35,450.00
6,532.60
5,384.16
11,626.08
3,452.88
26,995.72
1,666.66
1,666.66
Total AR Write -Offs: $ 70,835.55
Attachment B - Historical Write -Offs
Resolution 1805
2013
$ 30,702.97
Resolution 1843
2014
$ 36,240.62
Resolution 1865
2015
$ 27,887.91
Resolution 1893
2016
$ 47,680.46
Resolution 1916
2017
$ 9,005.25
Resolution 1948
2018
$ 12,832.35
Resolution 1969
2019
$ 53,109.56
Resolution 2001
2020
$ 17,285.74
Resolution 2031
2021
$ 5,492.03
Resolution 2051
2022
$ 34,324.45
96
COUNCIL AGENDA SYNOPSIS
Fy��.; Initials
ITEM NO.
� i
Meeting Date
Prepared by
Mayor's review
Council review
fly
0
09/18/23
SH
a ,
I90a
ITEM INFORMATION
STAFF SPONSOR: STACY HANSEN
ORIGINAL AGENDA DATE: 9-18-23
AGENDA ITEM TITLE Amendment #2 to King County Interlocal Agreement #14-062 for CDBG funds
CATEGORY ❑ Discussion
Mtg Date
11 Motion
Mtg Date 9-18-23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor
11
Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S Since we are in the midst of an Interlocal Cooperation Agreement amendment for 2024 -
SUMMARY 2026 funding years, HUD is requiring specific language related to fair housing, civil rights,
and Section 3 obligations be added to the ICA between King County and the partner Cities.
The language in the ICAs must reflect what is done in practice. The amendment is a
technical amendment only; no changes have been made to the substance of the ICA.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance /1 Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 9-18-23 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONsoR/ADMIN. Administrative Services
COMMITTEE Approval to forward to 9-18-23 Regular Council Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9-18-23
MTG. DATE
ATTACHMENTS
9-18-23
Informational Memorandum dated 9-7-23
KC Interlocal Cooperation Agreement Amendment #2 for CDBG funds
97
98
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development
BY: Stacy Hansen, Human Services
CC: Mayor Ekberg
David Cline, City Administrator
DATE: September 7, 2023
SUBJECT: King County Interlocal Cooperation Agreement amendment #2 for
Community Development Block Grant funding
ISSUE
Tukwila, along with several other jurisdictions, participates in an Interlocal Cooperation
Agreement (ICA) with King County to be a recipient of federal Community Development Block
Grant funds (CDBG) from the department of Housing and Urban Development (HUD). King
County is currently in the process of renewing our 2024-2026 ICA between King County and the
cities in the consortium (including Tukwila). It is particularly urgent to have the second
amendment fully executed and delivered to HUD by 9/28/23 or the consortium will not receive
funding for three years.
BACKGROUND
Tukwila has been a CDBG funding recipient for many years with projects including playground
improvements and funding for the Minor Home Repair program.
HUD is requiring that King County amend the ICA to include language related to fair housing,
civil rights and Section 3 obligations since we are currently renewing the ICA for the next three
years. The language in the ICAs must reflect what we are doing in practice. King County
certifies annually that we are meeting the required obligations related to fair housing, civil rights
and Section 3. The amendment is a technical amendment only; no changes have been made to
the substance of the ICA.
FINANCIAL IMPACT
There is no budgetary impact.
RECOMMENDATION
The PCD Committee is asked to consider approval of Amendment #2 to the Interlocal
Cooperation Agreement and forward it to the September 18, 2023, Regular Meeting for
subsequent Council approval the same night due to the time sensitivity. The Committee Chair
previously approved the expedited schedule.
ATTACHMENTS
King County Interlocal Cooperation Agreement amendment #2 with required language additions
highlighted in yellow.
99
100
AMENDMENT NO. 2 TO THE INTERLOCAL COOPERATION AGREEMENT
REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BETWEEN THE CITY OF AND KING COUNTY
This Second Amendment to the Interlocal Cooperation Agreement Regarding the Community
Development Block Grant Program between the City of and King County
("Amendment No. 2" or the "Second Amendment") is made by and between the City of
("the City"), and King County ("the County"), both of which entities being a unit of general local
government in the State of Washington and which may be referred to hereinafter individually as
a "Party" and collectively as the "Parties."
RECITALS
A. On [October 19, 2014], pursuant to Ch. 39.34 RCW, the Parties entered that certain
Interlocal Cooperation Agreement Regarding the Community Development Block Grant
Program (the "Agreement"), subsequently amended by that certain First Amendment to
the Interlocal Cooperation Agreement Regarding the Community Development Block
Grant Program (the "First Amendment").
B. As acknowledged by the Agreement, the area encompassed by unincorporated King
County and all participating cities has been designated by the United States Department
of Housing and Urban Development ("HUD") as an urban county for the purpose of
receiving Community Development Block Grant ("CDGB") funds, as administered under
the Housing and Community Development Act of 1974 (the "Act").
C. Signatory jurisdictions to the Agreement are CDBG Consortium Partners for purposes of
the Agreement and the Act.
D. Under the Agreement and pursuant to the Act, King County is responsible to the federal
government for all activities undertaken with CDBG funds and for ensuring that all
CDBG assurances and certifications King County is required to submit to HUD under the
Annual Action Plan are met.
E. Urban counties are periodically required to requalify for their entitlement status under
CDGB and related federal programs.
F. Under Notice CPD -23-02, issued by HUD April 10, 2023, and setting forth instructions
for continuing qualification for participating urban counties in the CDBG program for
Fiscal Years 2024-2026, all existing urban counties are required to have incorporated in
their cooperation agreements certain required language regarding fair housing and civil
rights obligations.
Amendment No. 2 to Interlocal Cooperation Agreement
Page 1 of 4
101
2. Section I of the Agreement is hereby amended and restated in its entirety as follows:
"The County and City agree to cooperate to undertake, or assist in undertaking, community
renewal and lower-income housing assistance activities, funded from annual CDBG, ESG
and HOME Program funds from federal fiscal years 2024, 2025 and 2026 appropriations,
from recaptured funds and from any program income generated from the expenditure of
such funds. These activities include the provision of decent housing, homeless assistance,
and a suitable living environment and economic development opportunities, principally for
persons with very low to moderate incomes. The County and City shall take all actions
necessary to assure compliance with the urban county's certification under section 104(b)
of Title I of the Housing and Community Development Act of 1974, and assure the grant
will be conducted and administered in conformity with Title VI of the Civil Rights Act of
1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and
the implementing regulations at 24 CFR part 100, and will affirmatively further fair
housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions
and Certifications (86 FR 30779, June 10, 2021), at 24 CFR 5.151 and 5.152. The City
and County shall comply with section 109 of Title I of the Housing and Community
Development Act of 1974, and the implementing regulations at 24 CFR part 6, which
incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing
regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the
implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the
G. The Agreement does not contain all the required language regarding fair housing and
civil rights obligations and the First Amendment contained certain material omissions in
incorporating such required language.
H. Under Notice CPD -23-02, urban counties have the option of drafting a separate
amendment to their existing cooperation agreements with signatory jurisdictions that
include the required language rather than drafting a new cooperation agreement that
contains the provisions.
I. The purpose of this Second Amendment is to expressly state the required language
regarding fair housing and civil rights obligations and to memorialize the attendant
obligations as though set forth in the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth
herein, the Parties agree to amend the Agreement as follows:
1. The foregoing recitals are true and correct in all respects and are incorporated hereby as if
fully set forth herein.
Amendment No. 2 to Interlocal Cooperation Agreement
Page 2 of 4
102
14 implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban
Development Act of 1968 and all other applicable laws."
3. The First Amendment is hereby null and void.
4. Except as specifically provided for in this Second Amendment, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
5. Any capitalized terms not defined in this Second Amendment shall have the meanings
given them in the Agreement.
6. This Second Amendment shall be effective as of the date it has been executed by both
Parties.
7. This Second Amendment may be executed in counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
instrument.
[SIGNATURE BLOCKS ON FOLLOWING PAGE]
Amendment No. 2 to Interlocal Cooperation Agreement
Page 3 of 4
103
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives
to execute this Amendment No. 2 to the Agreement as of the date set forth below their
signatures.
City of King County
Name: For King County Executive
Date:
By: Simon Foster
Title: Title: Division Director
Housing and Community Development
Department of Community and Human
Services
Attest:
Name:
Title:
Approved as to Form: Approved as to Form:
[name], City Attorney Ryan W. Ridings, King County Senior Deputy
Prosecuting Attorney
Amendment No. 2 to Interlocal Cooperation Agreement
Page 4 of 4
104
TO:
City of Tukwila
Allan Ekberg, Mayor
Mayor's Office - David Cline, City Administrator
The City of opportunity, the community of choice
Mayor Ekberg
Councilmembers
FROM: David Cline, City Administrator
DATE: September 12, 2023
SUBJECT: City Administrator's Report
The City Administrator Report is meant to provide the Council, staff and community an update on
the activities of the City and on issues that concern Tukwila. Please let me know if you have any
questions or need additional information about any of the following items.
I. Intergovernmental Update
• King County City Managers/Administrators Meeting: City Administrator Cline attended a
joint meeting with the King County and Snohomish County City Managers and Administrators
on September 6 in Kenmore. The agenda included a Regional Crisis Response Agency
Presentation, a Connections Health Presentation, a Roundtable Discussion, and updates from
Sound Cities Association and the Washington City Management Association.
• WCIA Board Annual Retreat: City Administrator Cline participated in the Washington Cities
Insurance Authority (WCIA) Board annual retreat September 6-8.
II. Community Events
• Back -to -School Beach Bash: Parks & Recreation staff closed out the summer strong with the
Back -to -School Beach Bash at Foster Memorial Park on August 26. Activities were enjoyed by
the 350 attendees who came out for the event. In addition to free school supplies,
participants enjoyed live music, a hula performance, volleyball, water play for kids and dogs,
spraying a real firehose with firefighters from the Puget Sound Regional Fire Authority,
sandcastle building and sand play, inflatables, yard games, basketball, and pickleball.
• 2"d Annual Sunset Bat Walk: Northwest Bats, Woodland Park Zoo, and Parks staff hosted the
2nd Annual Sunset Bat Walk at the Tukwila Community Center. Over 40 participants
attended the lecture and walk.
• After School Opportunities: The After School Activities Program for elementary school
students and the Teen After School Room started up again on September 5 for the first day of
school for the Tukwila School District. The After School Activities Program offers snacks,
games, projects, and a lot of social play while the Teen After School Room gives Middle and
High School students a place to play basketball video games, pool, air hockey, or just hang
out in a fun safe place.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
105
City Administrator's Report
September 12, 2023
Page 2
iii. Staff Updates
Public Safety
• Meeting with Westfield Southcenter: On August 29, Chief Dreyer and Deputy Chief Lund met
with Mall management to discuss the logistics of having the Community Police Team
stationed in the Community Resource Center at the Mall to provide additional presence.
• Meeting with Church by the Side of the Road: On August 30, City Administrator David Cline,
Community Development Director Nora Gierloff, and Chief Dreyer met with Church by the
Side of the Road to discuss their plans for a tiny home village at the church.
• Back To School Event: The Police Department partnered with Affluent Barber Shop located
at 311 Tukwila Parkway to provide free "back to school" haircuts to kids on September 3 from
2pm-5pm. The Shop had Seattle Sounders players come out, and Tukwila Police Department
personnel handed out school supplies.
Project Updates
• Partner in Employment Summer Cohort: Partner in Employment (PIE) wrapped up their
summer cohort for the Green Jobs Youth Training Program at Tukwila Park. The youth
removed thick ivy to prepare for planting season and protect the extensive tree canopy.
• Earth Corps: Earth Corps wrapped up their summer events and professional crew work at
Tukwila and Codiga Parks; the goal is to replant secondary forests in the areas in the fall.
• 2023 Annual Overlay Program: Estimated Completion: October 2023
The Annual Overlay program is a maintenance program focused on keeping the City's streets
in good or better condition for both vehicular and pedestrian traffic. Construction started on
July 10, 2023. The following streets are in the program and have the following updates:
• Asphalt overlay was placed the week of August 7 at 32nd Avenue South, 33rd Place South,
South 140th Street, 35th Avenue South, South 142nd Street and South 144th Street.
• Asphalt overlay was placed the week of August 14 at 51st Avenue South, South 137th Street
and South 139th Street. On 137th Sidewalks and ADA ramps have been installed and
remaining work includes thermoplastic/paint striping. On 139th remaining work includes
ADA ramps and a new chain link fence at 53rd sloping towards the park parking spaces.
• 37th Ave. S - Work is on hold until Water District 125 completes water line installation. No
delay to the project is anticipated at this time.
• 42nd/119th Pedestran Crossing - Both sides of street have concrete poured, asphalt
transitions remain. The northbound lane will open and act as the southbound lane
direction until all work is complete. No complete closures of 42nd is anticipated currently.
Detour signs are provided as required.
In general, minor traffic impacts are expected with flaggers and appropriate construction
signage in place as needed to guide the public. The contractor has 33 working days
remaining and is expected to complete most work by October 2023.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
106
City Administrator's Report
September 12, 2023
Page 3
• Tiny Home Villages and Homelessness/Refugee Response Issues: There have been several
recent staff meetings with our several community partners. Here is a current update of
recent activities and staff continue to be engaged and monitor these issues.
o Current LIHI sponsored Tiny Home Villages at Miracle Village and Riverton
Park United Methodist Church: DCD Director, Nora Gierloff, is working with LIHI
to understand their current plans for their Memorandum of Agreement (MOA) and
ongoing funding after December 31, 2023.
o Possible Future Tiny Home Village at Church by the Side of the Road (CBSR):
City Administrator David Cline, Police Chief Eric Dreyer and DCD Director Nora
Gierloff met with Pastor Proctor and another church representative on August 30,
2023 to discuss their desire to locate a new Tiny Home Village on their property.
Ms. Gierloff provided information on the city's permit requirements and shared the
past history of creating MOA's with our current tiny home village partners. CBSR
has been working with two possible partners -1) LIHI/Chief Seattle Club and 2)
The More We Love non-profit. All agreed to continue these discussions. The city
has set up meetings with these partners in September to better understand their
current plans.
o Refugee/Immigrants Housed at Riverton Park United Methodist Church: Chief
Eric Dreyer has been leading a city coordinated response work group, including
PSRFA, DCD and other city staff to assist the church on their current needs. There
continues to be outreach by the church to several non -profits who may be partners
in this effort.
Boards, Commissions and Committees
• Arts Commission: The next meeting is scheduled for September 27, 2023.
VACANT: 1 Community Representative and Student Representative position.
• Civil Service Commission: The next meeting is scheduled for September 21, 2023.
1 Resident position term expires December 31, 2023.
No vacancies.
• COPCAB: The next meeting is scheduled for October 12, 2023.
1 Resident position term expires December 31, 2023.
1 Business Representative position term expires December 31, 2023.
1 Student Representative position term expires June 30, 2023.
VACANT: 1 Business Representative position and 1 School District Representative.
• Equity & Social Justice Commission: The next meeting is scheduled for October 5, 2023.
1 City Council position term expires December 31, 2023.
2 Education position terms expire December 31, 2023.
1 Community position term expires December 31, 2023.
1 City Employee position term expires December 31, 2023.
VACANT: 1 Education/Community Representative.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
107
City Administrator's Report
September 12, 2023
Page 4
• Human Services Advisory Board: The next meeting is scheduled for September 21, 2023.
1 Resident position term expires December 31, 2023.
1 Business position term expires December 31, 2023.
VACANT: 1 Resident position and 1 Business Community Representative.
• Library Advisory Board: The next meeting is scheduled for October 3, 2023.
3 Resident position terms expire December 31, 2023.
VACANT: Student Representative.
• Lodging Tax Advisory Committee: The next meeting is scheduled for October 13, 2023.
All positions are 1 -year terms.
VACANT: 1 Business Collecting Tax Representative and 1 Funded by Tax Representative.
• Park Commission: The next meeting is scheduled for September 13, 2023.
2 Community position terms expire December 31, 2023.
VACANT: 1 Community Member position.
• Planning Commission: The next meeting is scheduled for September 14, 2023.
1 Business position term expires December 31, 2023.
3 Resident position terms expire December 31, 2023.
VACANT: 1 Resident position. Appointment recommendation scheduled for September 18,
2023.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
108
City of Tukwila - Public Works Fleet & Facilities
TOTAL PROJECT
MONTHLY Budget Report
(REVISED Budget; D-20 Plan Adopted by Council)
Life to Date Costs
as of September 11, 2023 (reconciled w/acctg thru March 7, 2023 GL)
COUNCIL REPORTING SUMMARY-
PUBLIC WORKS
Original Budget
Budget Transfers
Current Budget
Committed Budget
Life to Date Costs
Remain'g Committed Remaining Budget
'.
A/E Services (Design & CA)
Permits/Fees
Construction
Construction (Tax)
Construction Related Costs
PM Services (incl Other Professional Svcs)
Contingency (incl Construction & Project)
$ 670,768
$ 130,000
$ 6,715,000
$ 662,618
$ 378,186
$ 350,000
$ 843,437
$ 70,625
$ 51,886
$ 1,086,662
$ 124,500
$ 81,261
$ 188,442
$ (603,376)
$ 741,393
$ 181,886
$ 7,801,662
$ 787,118
$ 459,447
$ 538,442
$ 240,061
$ 741,393
$ 181,886
$ 7,801,661
$ 755,250
$ 404,413
$ 538,442
$ -
$ 730,013
$ 181,886
$ 7,801,661
$ 755,250
$ 393,516
$ 538,430
$ -
$ 11,380
$ -
$ (0)
$ 0
$ 10,897
$ 11
$ -
$ -
$ (0)
$ 0
$ 31,868
$ 55,034
$ 0
$ 240,061
SUBTOTAL -CURRENT MANAGED PROJECT
$ 9,750,008
$ 1,000,000
$ 10,750,008
$ 10,423,045
$ 10,400,757
$ 22,288
$ 326,963
Previously Managed Svcs (Land,A/E,Bond,Demo)
$ 25,949,992
$ -
$ 25,949,992
$ 25,936,198
$ 25,936,198
$ -
$ 13,794
TOTAL -COMBINED PROJECT
$ 35,700,000
$ 1,000,000
S 36,700,000
$ 36,359,243
$ 36,336,955
$ 22,288
$ 340,756
110
UPCOMING MEETINGS AND EVENTS
SEPTEMBER 2023
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available.
SEP 18 MON
SEP 19 TUE
SEP 20 WED
SEP 21 THU
SEP 22 FRI
SEP 23 SAT
S. Planning and
Community
Development Meeting
5:30 PM
City Hall - Hazelnut Room
Hybrid Meeting
➢ Transportation and
Infrastructure Services
Committee
5:30 PM
6300 Building - 2'd Floor
Duwamish Conference
Room
Hybrid Meeting
➢ City Council
Regular Meeting
7:00 PM
City Hall Council
Chambers
Hybrid Meeting
➢ Civil Service
Commission
5:00 PM
Hybrid Meeting
American
+Red Cross
-
GREEN 1 „
TUKWILA
DUWAMISH HILL
SCAVENGER HUNT
Explore the always amazing
Duwamish Hill as you hunt
with friends and family
through Tukwila's favorite
wooded area. Children and
adults alike will be able to
see the Puget Sound Salish
Cultural Garden and dig
into some treats from
Might -O's Donuts!
10:00 AM -12:00 PM
Duwamish HIII Preserve
Click here to register.
Tukwila Village
Farmers Market
i
FREE SMOKE ALARMS
AND INSTALLATION
Service provided to those
who cannot afford to
purchase smoke alarms or
are physically unable to
install a smoke alarm.
For more information or
request FREE smoke
alarms,
call 1-833-918-1531.
Click here for information.
See below for more information.
o
,.
COMPREHENSIVE PLAN
OPEN HOUSE
We will discuss about the City's
2024-2044 Comprehensive Plan
which will focus on housing
issues and the choices the City
must make in addressing the
regional and local
housing crisis.
5:30 PM — 8:00 PM
Location changed to
Showalter Middle School
4628 S l44th St
SEP 25 MON
SEP 26 TUE
SEP 27 WED
SEP 28 THU
SEP 29 FRI
SEP 30 SAT
➢ Community Services
and Safety Committee
5:30 PM
City Hall - Hazelnut Room
Hybrid Meeting
➢Finance and Governance
Committee
5:30 PM
6300 Building - Suite 100
Foster Conference Room
Hybrid Meeting
➢ City Council
Committee of the Whole
Meeting
7:00 PM
City Hall Council
Chambers
Hybrid Meeting
Give Mood = Save 3 Lives
o0 00 0o
- * • - •
DONATE BLOOD AND
ENTER TO WIN A
LAS VEGAS TRIP TO SEE
KATY PERRY SHOW!
It takes 1,000 donors a day
to sustain a blood supply
for patients in ouridentify
community.
To schedule an
appointment, call
1-800-398-7888.
Click here to schedule an
appointment.
Tukwila Village
Farmers Market
➢ Planning Commission
6:30 PMPUGET
Hybrid Meeting
��� SOUND.
, i t. FIRE
COMMUNITY
ENGAGEMENT SURVEY
Puget Sound Fire
participates in a rigorous
and collaborative re -
accreditation process to
improvement
goals resulting in effective
and sustainable services
that meet the changing
needs of the communities.
Your survey answers will
help our strategic planning
leaders
opportuntesdtify torimprove
service.
Click here to start the
survey.
.NAL BLV.
Action
Committee
TUKWILA
INTERNATIONAL
BOULEVARD ACTION
COMMITTEE
TRASH PICK-UP DAY
For more information,
call Sharon Mann at
206-200-3616
Come buy fresh produce grown
byrefugees and immigrants in
9 9
our community. FREE summer
meals for kids and caregivers
available for pick up.
4:00 PM — 7:00 PM
Tukwila0kwila Plaza
14350 Tukwila Intl Blvd
➢Arts Commission
6:00 PM
Hybrid Meeting
CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM - 4:00 PM
4J�atCa °si FREE PLAY DAY AND FUNDRAISER SEP 16 9:30 AM — 4:00 PM TUKWILA COMMUNITY CENTER
Join us for a FREE fun Youth Play Day where you can try new things and learn new skills. Open to youths from in and around King County. Activities
s =o include soccer, basketball, skateboarding, roller derby, baseball, adaptive opportunities, and much more! Click here for information.
IR._ , Play Equity Coalition will host a lunch and Adult Play Day Fundraiser to build community towards the Coalition's work! Click here for information.
COMMUNITY OPEN HOUSE FOR COMPREHENSIVE PLAN SEP 20 5:30 PM — 8:00 PM SHOWALTER MIDDLE SCHOOL
Join us to talk about the City's 2024-2044 Comprehensive Plan to focus on housing issues and choices Tukwila must make in addressing the regional and local housing
crisis. Click here for information.
HIRING IMMIGRANT AND REFUGEE YOUTHS! SEP 11 - NOV 17 3 PM — 6 PM MONDAY THRU FRIDAY STIPEND $76.24 / DAY
Partner is Employment is hiring immigrant and refugee youths for paid positions to learn about the environment and how to care for it this fall. Help pass on this opportunity to
work with this wonderful organization. Click here for information.
PUBLIC ART PROGRAM COMMUNITY LISTENING SESSIONS OCT 3, 12 AND 14
We need your assistance in creating a Public Art Program that serves all our community We want your input! In-person session on Oct 14 offers language
interpretation support and activities for participants with children. Click here for information.
NOV 7 ELECTION VOTERS GUIDE VIDEO
See video to know the candidates for the Mayor and Council positions in the upcoming Nov 7 Election. Click here for information.
DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:00 PM
Tti� VOLUNTEERS - In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up.
I DONORS - Please donate at tukwilapantry.org/please-donate/.
DONATIONS NEEDED: gently used or new winter clothing, hats, gloves and shoes, sleeping bags, blankets, towels and other essentials to serve a
large number of families awaiting housing assistance. Drop-off at Riverton Park Methodist Church / Tukwila Pantry - 3118 S 140th St.
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. Pack snacks every Wednesday at 9:30 AM.
To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District.
Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138.
n `
?.41M.
ig ,o
FREE HAZARDOUS WASTE DROP-OFF SEP 15-17 10:00 AM - 5:00 PM FRED MEYER -143001sT AVE S, BURIEN
You can drop off up to 50 gallons per King County residential customer per day. No containers larger than 5 gallons. For larger quantities or unusual waste, call
King County King County at 206-296-4692 Click here for acceptable hazardous waste.
FREE ONLINE TUTORING AND HOMEWORK HELP FOR GRADES K THRU 12
4. KING
COUNTY
Use a computer, tablet, smartphone or home phone to connect with tutors by phone or on Zoom. Click here for information.
READ LATEST ISSUES OF POPULAR MAGAZINES
LIBRARY
M> S, S T F m
Borrow as many as you like. Download the Libby App or log into OverDrive to start reading. Click here for information.
FUN ACTIVITIES AND OTHER EVENTS AT TUKWILA LIBRARY
Tukwila Library offers many resources and services. Click here for information.
111
112
Tentative Agenda
MEETING 2 —
C.O.W.
Schedule
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
MEETING 1 —
REGULAR
SEPTEMBER 4
SEPTEMBER 11
SEPTEMBER 18
SEPTEMBER 25
*
*
PUBLIC HEARING
H P
P Y
Committee of the Whole
Meeting cancelled.
See below link for the agenda packet
to view the agenda items:
An ordinance updating TMC 21.04
regarding State Environmental Policy Act
LABOR DAY
September 18, 2023
Regular Meeting
(SEPA).
tl t * �..
#�
SPECIAL ISSUES
- An ordinance updating TMC 21.04
regarding State Environmental Policy Act
No Council and Committee
(SEPA).
Meetings due to the holiday.
- January -June American Rescue Plan Act
(ARPA) update and proposal.
MEETING 1 —
MEETING 2 —
MEETING 3 —
MEETING 4 —
REGULAR
C.O.W.
REGULAR
C.O.W.
OCTOBER 2
OCTOBER 9
OCTOBER 16
OCTOBER 23
CONSENT AGENDA
PRESENTATION
CONSENT AGENDA
PUBLIC HEARING
- Authorize the Mayor to sign a grant
Annual State of the Court Address.
A resolution amending Resolution No.
Miscellaneous Code Amendments:
agreement for the Re+ grant from
2056 amending the Public Works Fee
1) Accessory Dwelling Units Ordinance
King County Solid Waste Division, in
Schedule.
2) Comprehensive Plan and
the amount of $83,000.00.
Development Code Amendment
- Accept as complete the 2022
Ordinance
Overlay Program project; authorize
3) Housekeeping and Parking
release of retainage, subject to the
Standards Ordinance
standard claim and lien procedures
(final cost of project, including
SPECIAL ISSUES
retainage; $1,498,073.89).
Miscellaneous Code Amendments:
- Authorize the Mayor to sign an
1) Accessory Dwelling Units Ordinance
agreement with the Washington
4) Comprehensive Plan and
State Department of Transportation
Development Code Amendment
(WSDOT) for the Transportation
Ordinance
Demand Management Program
5) Housekeeping and Parking
allocation for 2023-2025, in the
Standards Ordinance
amount of $93,300.00.
UNFINISHED BUSINESS
An ordinance amending various
Special Meeting to follow
ordinances as codified in Tukwila
Committee of the Whole meeting.
Municipal Code (TMC) Chapter 21.04,
"State Environmental Policy Act";
Repealing Ordinance Nos. 1331 §8,
§33; 1853 §6, §7; and 2502 §2, §3;
To increase flexible thresholds for
minor new construction, remove
outdated references, and update code
provisions.
112