HomeMy WebLinkAbout24-017 - Riverton Park United Methodist Church - Temporary Encampment and Overnight Shelter
24-017
Council Approval N/A
MEMORANDUM OF UNDERSTANDING
FOR A
TEMPORARY ENCAMPMENT AND OVERNIGHT SHELTER
AT
RIVERTON PARK UNITED METHODIST CHURCH
This Memorandum of Understanding for a Temporary Encampment and overnight shelter
February
16th
MOU24, by and between the City
of Tukwila, Washington, a Washington municipal corporation and optional code city , and
Riverton Park United Methodist Church, a rel.
Recitals
A.The RPUMC owns the parcel of real property located at 3118 S. 140th St., in Tukwila,
Washington, and further identified as King 162304-9162
.
B.On or about October 6, 2023, the City formally recognized that RPUMC was hosting both
a Temporary Encampment and overnight shelter for unhoused people, including children
and infants, on the Property. The RPUMC is
,as those terms are defined in RCW 35A.21.360(6), with respect to the
Temporary Encampment.
C.In accordance with RCW 35A.21.360, the City and
collectively execute a Memorandum of Understanding to
memorialize the various agreements among them related to the management of the
Temporary Encampment and overnight shelter and to protect the health and safety of both
the residents on the RPUMC site and that
of the public.
NOW, THEREFORE, in consideration of mutual benefits accruing, the receipt and
sufficiency of which are hereby acknowledged, including without limitation regulatory approval
and the public interest, the Parties hereby agree as follows:
Terms
Section 1. Purpose; Construction. The purpose of this MOU is to effectuate the applicable
requirements of applicable state law, including without limitation RCW 35A.21.360, and to protect
the health and safety of both the Residents of the Temporary Encampment and the overnight shelter
as well as that of the public.
Section 2. Operational Requirements. Without prejudice to any other applicable legal
requirement and/or permit condition, the RPUMC shall comply with the following operational
requirements in relation to hosting homeless residents on its site:
2.1 Health and Safety Assistance. The RPUMC shall operate and manage the
Temporary Encampment and overnight shelter in a manner that does not unreasonably
infringe upon or otherwise interfere with the right of each Resident to seek public health
and safety assistance. Without limitation of the foregoing, the RPUMC shall not prevent
or otherwise unreasonably hinder Residents from communicating with health care
providers, law enforcement agencies, and first responders.
2.2 Access to Social Services. The RPUMC shall operate and manage the
Temporary Encampment and overnight shelter in a manner that does not unreasonably
infringe upon or otherwise interfere with the ability of each Resident to access social
services on the Property. Without limitation of the foregoing, the RPUMC shall not prevent
or otherwise unreasonably hinder Residents from contacting social service agencies,
community support organizations, and similar providers, and shall not unreasonably
restrict Residents from receiving social services from such providers on the Property.
2.3 Interaction with RPUMC. The RPUMC shall operate and manage the
Temporary Encampment and overnight shelter in a manner that reasonably ensures the
ability of each Resident to directly interact with the RPUMC, including the ability to
express any concerns regarding the management of the site. Without limitation of the
foregoing, the RPUMC shall prominently post and maintain within the Temporary
Encampment and overnight shelter structures:
a.A sign identifying the name, title, telephone number, mailing
address, and email address of the RPUMC
person; and
b.A drop box for Residents to submit comments, suggestions, and/or
concerns regarding the management and operation of the Temporary
Encampment, overnight shelter, or site as a whole.
2.4 Code of Conduct. The RPUMC shall operate and manage the site in strict
compliance with the January 5, 2024, Code of Conduct attached to this MOU as Exhibit
A.A copy of the Code of Conduct shall be prominently displayed within the Temporary
Encampment and overnight shelter structures.
2.5 Nondiscrimination. The RPUMC shall operate and manage the site in a
nondiscriminatory manner consistent with RCW 35A.21.360(9). Without limitation of the
foregoing, and except as otherwise provided by law, the RPUMC may not refuse to host
any Resident or prospective Resident because of age, sex, marital status, sexual orientation,
race, creed, color, national origin, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability or the use of a trained dog guide or
service animal by a person with a disability, as these terms are defined in RCW 49.60.040.
Section 3. Time Limitation and Maximum Number of Residents. The RPUMC agrees and
covenants that the Temporary Encampment shall not remain on the Property indefinitely or
permanently, and the agreed upon mutual goal is to reduce the population of the
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encampment of those in tents. RPUMC further agrees and covenants that in order to achieve the
agreed upon mutual goal, the RPUMC will actively work to reduce the encampment population,
so that RPUMC shows a consistent and significant trend of reduction in population. The City and
RPUMC will meet monthly to confirm compliance with the downward trending encampment
population reduction and the other sections of this agreement. At the six-month meeting, the City
and RPUMC will assess whether a significant trend of reduction in population has been met. If a
significant trend of reduction of population has not been met, RPUMC shall apply for a permit
under city temporary encampment ordinance and code. For the purposes of this section of the
agreement and as it relates to city ordinance, permitting for such application, the RPUMC
encampment shall be treated as a new emergency encampment. The provisions of this Section 3
shall be specifically enforceable by the City as provided in Section 7 of this MOU. The provisions
of this Section 3 shall survive the expiration or termination of this MOU.
Section 4. Regulatory Compliance. At all times relevant to this MOU, the RPUMC shall
comply fully with all applicable federal, state and local regulatory requirements.
Section 5. Term. This MOU shall be effective as of the date first written above and shall
remain in effect until the later of: (i) June 30, 2024, or (ii) the Temporary Encampment has been
completely and permanently removed from the Property; provided, that the term of this Agreement
may be extended by mutual written consent of the Parties.
Section 6. Health and Safety. The RPUMC shall take all necessary and appropriate
precautions for the safety of the Residents, the public, employees, contractors and agents at all
times relevant to this MOU and shall comply with all applicable provisions of federal, state and
local regulations, ordinances and codes regarding public health and safety.
6.1 Rodent Control. Per TMC 6.16 All premises and places shall be maintained free
from rats, mice and other rodents; and it is unlawful for the owner or occupant
thereof to fail to take such reasonable preventive and remedial measures for such
purposes.
6.2 Hygiene and Food Preparation.
a.A ratio of 1 toilet and hand washing sink shall be maintained per 20 residents.
b.Comply with the best practices listed in the King County Public Health Sanitation
and Hygiene Guide for Homeless Service Providers .
6.3 Fire Safety for Tent Encampments
ğ͵ Installation of fire extinguishers, max 75' travel distance
Ĭ͵ Installation of no-smoking signage
ĭ͵ Orderly placement of tent structures to include fire breaks and aisles
ķ͵ Development and approval of a fire safety plan
Ļ͵ Prohibition of open flames and cooking, unless in designated areas
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4886-7394-9560, v. 1
6.4 Fire Safety for Indoor Shelters.
6.4.1 Shelter Location in Buildings
a.The Shelter must be located at the level of exit discharge.
Exception: The shelter may be located not more than one level above or below the
level of exit discharge if each sleeping room in the building is provided with at least
one exterior exit directly from each sleeping room.
b.The shelter must be adequately separated from any hazards to the occupants
for example, garages, rooms containing hazardous materials, or mechanical rooms
containing fuel-burning appliances.
c.No flammable plastic, curtains, or other materials shall be used to separate
individual sleeping areas.
d.Any quantities of combustible materials in the areas used for sleeping and egress,
and areas that are atmospherically connected to those areas shall be subject to
inspection and approval on-site by the Fire Department. Materials shall meet the
International Building Code flame spread and smoke-developed rating
requirements when determined appropriate by the Fire Department.
6.4.2 Emergency Plan and Shelter Policies.
a.A Shelter evacuation plan must be prepared and posted at each exit.
b.The operator shall provide a copy of the shelter policy and procedures of
operation that at a minimum includes a security plan and addresses how ejected
residents are handled. A daily registration and total count of all occupants shall be
available for Fire Department rescue purposes.
6.4.3 Shelter Staff
a.Whenever the shelter is occupied, a minimum of two (2) trained staff members,
at least 21 years old with assigned responsibilities shall be present . Additionally,
if the population is over 50 residents, RPUMC and the City shall meet to negotiate
appropriate staffing levels consistent with the then-current encampment population.
Required training:
All staff will be required to have verified fire extinguisher training.
At least one on-duty staff member shall be trained in CPR and First Aid.
b.There shall be a Point of Contact staff person available when the shelter is in
operation.
6.4.4 Exits
1.Not less than two (2) approved exits are required from the shelter area. The exits
shall be separated by not less than ½ the largest diagonal of the area served.
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4886-7394-9560, v. 1
2.Emergency lighting on battery or generator backup must be provided at each
required exit door.
3.An illuminated exit sign must be provided at each required exit.
4.If necessary, additional emergency lighting may be required to be installed by
the owner, if it is determined by the Fire Marshal and/or Building Official to ensure
all habitable areas from any location inside or outside the building, are illuminated
to provide a safe egress/exit path from the facility.
5.Exit doors shall be equipped with panic hardware.
6.4.5 Fire Watch and Automatic Detection
a.If occupancy numbers within the shelter require it an approved, operational fire
alarm system must be in place or alternately afire watch program must be always
maintained when the facility is housing residents, with a log indicating that staff
has inspected the premises for fire at least every 15 minutes during shelter
operation.
b.Smoke detectors must be located throughout areas used for sleeping, adjacent
perimeter spaces in the building, and along the means of egress path unless the
building is equipped with an automatic fire alarm system.
c.Carbon monoxide detectors must be located throughout the building unless the
building contains no fuel burning appliances.
6.4.6 Fire Extinguishers
A 2A10BC fire extinguisher shall be located as follows:
k food
nce.
6.5 Security and Site Control
Fencing around the entire encampment area shall be maintained in good repair. All gates
shall be monitored and unauthorized persons refused entry. Prospective residents shall be
interviewed and approved by shelter staff prior to occupancy on site.
Section 7. Regulatory Authority Preserved; Temporary Right of Entry Granted;
Enforcement. Nothing in this MOU shall be construed as waiving, abridging, or otherwise limiting
regulatory authority, police power and/or legislative discretion, which are hereby
expressly reserved in full. Without prejudice to the foregoing, nothing in this MOU shall be
construed as entitling the RPUMC to receive any permit, license, or other regulatory approval, or
as waiving or excusing the RPUMC compliance with any applicable regulatory process. The
RPUMC hereby grants to the City, its employees and officials, and to the employees and officials
of any and all other agencies with regulatory jurisdiction, including without limitation the building
official, public health officials, and the fire marshal, a nonexclusive temporary right of entry to
access and enter upon the Property to periodically conduct inspections at reasonable times,
consistent with applicable constitutional and statutory standards, to ensure that the Temporary
Encampment is maintained, and operated in a manner consistent with all applicable regulatory
standards. Whenever reasonably practical and except in the event of an emergency, the City shall
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4886-7394-9560, v. 1
provide no less than 24-hours advance notice of any inspection, and such notice may be conveyed
telephonically, by electronic mail and/or by U.S. Mail to the person listed in Section 8 below. In
the event the RPUMC violates any provision of this MOU, then the City shall provide written
notice to the RPUMC of an such violation(s), as specified in Section 8 below, and the RPUMC
shall be given an opportunity to cure said violation(s) within such specified timeframe as the
Parties deem reasonable under the circumstances. If the RPUMC does not cure said violation(s)
within the specified time, then the City shall declare this MOU null and void, except as expressly
stated herein, and the RPUMC shall thereafter be required to comply with
encampment ordinance and code.
Section 8. Notices. Written notices to either party under this MOU shall be effective
immediately upon hand-delivery or electronic mail, or if sent via U.S. Mail, then three (3) days
after postmark to the following addresses:
Nora Gierloff, DCD Director Rev. Jan Bolerjack
City of Tukwila Riverton Park United Methodist Church
6300 Southcenter Blvd., #100 3118 S. 140th St.
Tukwila, WA 98188 Tukwila, WA 98168
Nora.Gierloff@TukwilaWA.gov janbolerjack@gmail.com
206-571-0398206-246-1436
Section 9. No Employment Relationship or Agency. Nothing in this MOU shall be
construed as creating an agency relationship between the City and the RPUMC, or as creating an
employment relationship between the City or any employee or agent of the RPUMC.
Section 10. Governing Law; Venue. This MOU shall be governed by the laws of the State
of Washington. The exclusive venue for any litigation occurring under this MOU shall be the
Superior Court for King County Washington. The substantially prevailing Party in any such
litigation shall be entitled to an award of its reasona
Section 11. No Third-Party Beneficiaries. This MOU is entered into for the exclusive
benefit of the signatory Parties and may only be enforced by such Parties. Nothing herein shall be
construed as vesting or otherwise creating any enforceable right, privilege, claim, or cause of
action in or for any third parties.
Section 12. Integration; Binding Effect. Except as expressly provided herein, this MOU
represents the entire understanding between the parties with respect to the subject matter hereof;
no oral MOUs or statements shall be binding. This MOU shall be irrevocable and binding upon
the Parties during its term.
Section 13. No Recording. This MOU shall not be recorded.
Section 14. Signatory Warranty. Each of the signatories below represents and warrants
that they have full authority to execute this MOU on behalf of the Party for whom they are
purporting to sign, respectively.
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4886-7394-9560, v. 1
CITY OF TUKWILARIVERTON PARK UNITED
METHODIST CHURCH
By: By:
Thomas McLeodRev. Jan Bolerjack
2/16/24
Title: Mayor__________________________Title: Pastor__________________________
ATTEST/AUTHENTICATED
By:
Office of the City Clerk
APPROVED AS TO FORM
By:
Office of the City Attorney
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4886-7394-9560, v. 1
Exhibit A
Code of Conduct
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4886-7394-9560, v. 1
Family Members Name:
Birthdate: Relationship:
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