HomeMy WebLinkAboutReg 2023-11-20 Item 5D - Interlocal Agreement - Amendment #1 for Consolidation of Fire Services with Puget Sound Regional Fire AuthorityCOUNCIL AGENDA SYNOPSIS
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Meeting Date
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Council review
11/20/2023
DC
ITEM INFORMATION
ITEM No.
5.D.
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 11/ 20/ 23
AGENDA ITEM TITLE Authorize the Mayor to Sign this First Amendment to the Interlocal Agreement with
the Puget Sound Regional Fire Authority for Consolidation of Fire Services.
CATEGORY ❑ Discussion
Mtg Date
Motion
Alt 1 Date 11/20
❑ Resolution
ANDate
❑ Ordinance
Mtg Date
❑ Bid Award
Altg Date
❑ Public Hearing ❑ Other
Mtg Date Mtg Date
SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ PPolice ❑ PW
SPONSOR'S
SUMMARY
The proposed First Amendment to Interlocal Agreement for Consolidation of Fire Services
("ILA") will extend certain provisions of the ILA to December 31, 2024, and the RFA will
continue to provide consolidated fire services consistent with those certain provisions of
the ILA, as well as the voter -approved 2023 RFA Plan, until the property taxes and fire
benefit charges take effect in 2025.
REVIEWED BY
❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 11/ 13/ 2023
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE Unanimous approval; Forward to next Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED
$0
APPROPRIATION REQUIRED
$0
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/20/2023
MTG. DATE ATTACHMENTS
11/20/2023 Informational Memorandum
Amendment to Interlocal Agreement
Interlocal Agreement for Consolidation of Fire Services
Minutes from the 11/13 CSS Committee meeting
101
102
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: David Cline, City Administrator
Kari L. Sand, City Attorney
CC: Mayor Ekberg
DATE: November 6, 2023
SUBJECT: FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR CONSOLIDATION
OF FIRE SERVICES
ISSUE
Tukwila voters approved annexation into the RFA at the August 2023 special election, yet more
time is needed for the property taxes and fire benefit charges to take effect consistent with state
law. This proposed First Amendment (Attachment 1) will extend certain provisions of the Interlocal
Agreement for Consolidation of Fire Services between the City and the RFA ("ILA") (Attachment
2) to December 31, 2024 to allow the RFA to continue providing fire services consistent with those
certain provisions of the ILA to be extended, as well as the voter -approved 2023 RFA Plan, until
the funding mechanisms for collection of property taxes and fire benefit charges take effect in
2025.
BACKGROUND
The City and the Puget Sound Regional Fire Authority entered into the ILA in October of 2022 to
consolidate fire services to allow the RFA to provide fire protection, fire suppression, fire marshal
services, emergency medical services, and non -emergency medical services to the City effective
January 1, 2023. The ILA was to remain effective until Tukwila voters approved annexation into
the RFA consistent with the provisions of RCW 52.26.300(3). The City Council appointed two of
its members to serve with two RFA Governing Board members on the Annexation Plan Oversight
Committee, which Committee worked from January to March 2023 to create amendments to the
2016 RFA Annexation Plan for annexation of the City of Tukwila into the RFA. Through this joint
effort, a proposed 2023 RFA Plan ("Plan") was adopted by the Committee. A majority of Tukwila
voters approved the Plan during the August 2023 special election. The ILA is set to expire on
December 31, 2023, and more time is needed for the property taxes and fire benefit charges to
take effect consistent with state law.
DISCUSSION
The proposed First Amendment will extend certain provisions of the ILA to December 31, 2024,
and the RFA will continue to provide consolidated fire services consistent with those certain
provisions of the ILA, as well as the voter -approved 2023 RFA Plan, until the property taxes and
fire benefit charges take effect in 2025.
The RFA Board is expected to adopt the First Amendment to ILA at the upcoming November 15
or December 6, 2023 Board meeting.
FINANCIAL IMPACT
Provision of fire services by the RFA is budgeted.
103
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Community Services & Safety Committee is being asked to review the proposed first
Amendment to the Interlocal Agreement for Consolidation of Fire Services and forward for Council
consideration on the Consent Agenda at the November 20, 2023 Regular Meeting.
ATTACHMENTS
1. First Amendment to Interlocal Agreement for Consolidation of Fire Services
2. Interlocal Agreement for Consolidation of Fire Services
C:1Users\andy-y\AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1 NYNLZP\INFO MEMO - First Amendment to ILA for Fire Services -
11.5.2023.docx
104
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
FOR CONSOLIDATION OF FIRE SERVICES
This First Amendment to Interlocal Agreement for Consolidation of Fire Services
("Agreement") is entered into between PUGET SOUND REGIONAL FIRE AUTHORITY, a
municipal corporation, hereinafter referred to as "RFA," and CITY OF TUKWILA, a municipal
corporation, hereinafter referred to as "City" (collectively, "the Parties").
RECITALS
WHEREAS, the Parties entered into the Agreement in October of 2022 to consolidate fire
services to allow the RFA to provide fire protection, fire suppression, fire marshal services,
emergency medical services, and non -emergency medical services to the City effective January 1,
2023, and until such time as the City secured voter approval to annex into the RFA consistent with
the provisions of RCW 52.26.300(3); and
WHEREAS, the City Council appointed two of its members to serve on the Annexation
Plan Oversight Committee with two RFA Governing Board members, who worked from January
to March 2023 to create amendments to the 2016 RFA Annexation Plan for annexation of the City
of Tukwila into the RFA and to meet the needs of the Parties, and this joint effort resulted in the
proposed 2023 RFA Plan, subject to approval by City voters pursuant to RCW 52.26.300(3); and
WHEREAS, on April 5, 2023, the Governing Board of the RFA adopted Resolution No.
2069, amending its 2016 RFA Plan ("2023 RFA Plan") to provide for the annexation of the City
of Tukwila into the RFA subject to the approval by City voters pursuant to RCW 52.26.300(3);
and
WHEREAS, on April 17, 2023, the Tukwila City Council passed Resolution No. 2069,
which approved the 2023 RFA Plan (Exhibit A to Resolution No. 2069), subject to approval by
City voters pursuant to RCW 52.26.300(3); and
WHEREAS, a special election was held on August 1, 2023, King County Elections
certified the results on August 15, 2023, and a majority (56.17%) of Tukwila voters approved
annexation into the RFA, effective January 1, 2024, per City of Tukwila Resolution No. 2070; and
WHEREAS, Section 2.2 of the Agreement provides that it expires upon the annexation
effective date of January 1, 2024; additionally, pursuant to Section 7.B.4 of the 2023 RFA Plan
approved by the Tukwila voters, the Parties need to continue the Agreement through December
31, 2024, to allow sufficient time for funding through property taxes and benefit charges to be
effective consistent with RCW 84.09.030; and
WHEREAS, on January 1, 2024, the annexation of Tukwila into the RFA pursuant to the
2023 RFA Plan approved by the Tukwila voters will be effective; accordingly, Sections 2.3, 2.4,
3.1, 3.2, 3.4, 3.7, 3.8, 5, 6.1. 6.2, 6.3, 6.5, 6.6, 6.7, 6.8, 7.1, 7.3, 7.4, 7.5, 7.6, 8, 10, and Exhibits
C, F, G, H, J, and K of the Agreement will no longer be applicable; and
WHEREAS, based on the foregoing, the Parties desire to amend the Agreement to extend
its end date to December 31, 2024;
Page 1 of 3
105
NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the
mutual benefits derived by the Parties, the adequacy and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
AMENDMENT
1. Incorporation of Recitals. The "whereas" recitals above are incorporated by
reference into this First Amendment.
2. Agreement Extended to December 31, 2024. Section 2 of the Agreement,
"Termination upon Annexation Effective Date," provides for termination of the Agreement upon
the annexation effective date, which is January 1, 2024, and the Parties desire to delete Section 2
of the Agreement in its entirety and extend the Agreement end date to December 31, 2024.
3. Tukwila Fire Station Leases Extended to December 31, 2024. The Parties desire to
extend the lease terms for Tukwila Fire Stations 51, 52, 53, and 54 through December 31, 2024 to
coincide with the Agreement extension.
4. Terms of Agreement Superseded by the 2023 RFA Plan. Sections 2.3, 2.4, 3.1, 3.2,
3.4, 3.7, 3.8, 5, 6.1, 6.2, 6.3, 6.5, 6.6, 6.7, 6.8, 7.1, 7.3, 7.4, 7.5, 7.6, 8, 10 , Exhibits C, F, G, H,
J and K of the Agreement are superseded by the 2023 RFA Plan effective January 1, 2024.
5. Remaining Terms of Agreement Unchanged. Except as otherwise provided in this
First Amendment, all other terms and conditions of the Agreement shall remain unchanged. In the
event of any conflict between the provisions of the Agreement and this First Amendment, the
provisions of this First Amendment shall control.
IN WITNESS WHEREOF, the Parties have caused this First Amendment to Interlocal
Agreement for Consolidation of Fire Services to be executed by their duly authorized
representatives on the dates listed below.
RFA: CITY:
Puget Sound Fire Department City of Tukwila:
Regional Fire Authority:
By: By:
Print Name: Print Name:
Its
DATE:
Its
DATE:
Page 2 of 3
106
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Attn: Fire Chief
24611 116th Ave. S.E.
Kent, WA 98030
Attn: City of Tukwila Mayor
6200 Southcenter Blvd.
Tukwila, WA 98188
APPROVED AS TO FORM: APPROVED AS TO FORM:
Brian Snure,
Attorney for RFA
Kari Sand,
City Attorney
Page 3 of 3
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108
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
November 13, 2023-5:30 p.m.
Councilmembers Present:
Staff Present:
- Hybrid Meeting; Hazelnut Conference Room & MS Teams
Mohamed Abdi; Thomas McLeod, Tosh Sharp
David Cline, Pete Mayer, David Rosen, Kris Kelly, Jefri Peters
Chair Abdi called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Contract: Tukwila Community Center Business Plan and Recreation Programming
Staff is seeking Council approval of a contract with PROS consulting in the amount of $119,405
to develop a Business Plan for the Tukwila Community Center and a Recreation Programming
Plan for the department.
Committee Recommendation:
No recommendation. Forward to November 27, 2023 Committee of the Whole.
B. Ordinance: Designation of Fire Chief and Fire Marshal
Staff is seeking approval of an ordinance designating the offices of Fire Chief and Fire Marshal
as provided by the Puget Sound Regional Fire Authority pursuant to the interlocal agreement.
Committee Recommendation:
Unanimous approval. Forward to November 20, 2023 Regular Consent Agenda.
C. Amendment: Interlocal Agreement with Puget Sound Regional Fire Authority
Staff is seeking Council approval of an amendment to the Interlocal Agreement with the Puget
Sound Regional Fire Authority to extend certain provisions to December 31, 2024
*
Committee Recommendation:
Unanimous approval. Forward to November 20, 2023 Regular Consent Agenda.
II. MISCELLANEOUS
The meeting adjourned at 6:04 p.m.
MeZ Committee Chair Approval
Minutes by LH
109