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HomeMy WebLinkAboutReg 2024-12-16 COMPLETE AGENDA PACKETMonday, Tukwila City Council Agenda ❖ REGULAR MEETING ❖ A © 905 ' Thomas McLeod, Mayor Counci/members: ❖ De'Sean Quinn •3 Tosh Sharp Marty Wine, City Administrator ❖ Armen Papyan ❖ Jovita McConnell Mohamed Abdi, Council President ❖ Dennis Martinez •:• Hannah Hedrick ON -SITE PRESENCE: TUKwILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join icrosoft Teams Meeting For Technical Support: 1-206-433-7155 December 16, 2024; 7:00 PM • Ord #2751 • Res #2106 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 on -site at Tukwila City Hall items both on and not on the To provide comment via phone citycouncil©tukwilawa.gov comments may verbally address the City Council both or via phone or Microsoft Teams for up to 5 inutes for meeting agenda. or icrosoft Tea s, please email with your name and topic by 5:00 PM on the meeting date. your message is for public comment during the meeting, and Please clearly indicate that you will receive further instructions. 4. PRESENTATIONS Update on HealthPoint's Health and Wellness Center. Lisa Yoha/em, CEO; Vicky Hammond, CFO; and Sherry Williams, Vice President, HealthPo/nt. Pg.1 5. CONSENT AGENDA a. Approval of Minutes: 11/18/24 (RegularMtg.); 11/25/24 (Special Mtg.); 12/2/24 (Regular Mtg.); 12/9/24 (Special Mtg.) b. Approval of Vouchers c. An ordinance establishing a new Chapter 9.54 of the Tukwila Municipal Code (TMC) entitled, "Truck Routes." [Reviewed and forwarded to consent by the Committee of the Whole on 12/09/24] d. An ordinance extending the term of a development agreement between the City of Tukwila and Segale Properties LLC and its successors for the Tukwila South Development for six months. [Reviewed and forwarded to consent by Committee of the Whole on 12/09/24] e. Authorize the Mayor to sign a contract with CXT, Inc. for construction of a replacement restroom facility at Joseph Foster Memorial Park, in an amount not to exceed $255,075.53. [Reviewed and forwarded to consent by the Community Servies & Safety Committee on 12/09/24J f. A resolution adopting a legislative agenda for use during the 2025 Washington State Legislative Session. [Reviewed and forwarded to consent by Committee of the Whole on 12/09/24] (continued...) pg.9 Pg.17 Pg.31 Pg.51 REGULAR MEETING December 16, 2024 Page 2 6. UNFINISHED BUSINESS a. An ordinance amending the City of Tukwila Comprehensive Plan in compliance with the requirements of the Growth Management Act; Adopting legislative findings in support of said amendment. b. Authorize the Mayor to sign Amendment No. 1 to contract #24-134 with King County Department of Community and Human Services to support the Tukwila Community Center HVAC Replacement Project, in the amount of $80,139.00. c. Authorize the obligation of $1,103,720.00 in American Rescue Plan Act (ARPA) funds towards public safety by December 31, 2024. Pg.61 Pg.71 Pg.83 7. NEW BUSINESS a. Authorize the Mayor to sign a collective bargaining agreement with Pg.87 the United Steelworkers for Police Non -Commissioned employees for 2025-2027. b. Authorize the Mayor to sign an Interlocal Agreement with Pg.127 Washington State Department of Social and Health Services for Police services at or near the Olympic Heritage Behavioral Health Hospital. c. Asylum Seeker Response: Pg.155 (1) Ratify contract #24-103, #24-127, and #24-185 with ATOC (Access to our Communities) for temporary housing services from August 2024 through November 2024, in an amount not to exceed $150,000.00. (2) Authorize the Mayor to execute contracts with ATOC (Access to Our Communities) to house asylum seekers in an amount not to exceed $284,000, with the final scope to be negotiated by the Mayor and approved by the City Attorney's Office. 8. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.167 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Collective + CLOSED SESSION + Bargaining — Pursuant to RCW 42.30.140(4)(b) Location: Hazelnut Conference Room (CR #3) This agenda (Tukwila is available at www tukwilawa cm, and in alternate formats with advance notice for those with disabilities. Council meetings are audio and video taped. Available at www.tukwilawamov) Mats, If you are in need of translation or interpretation services at a Council meeting, Tri i I, s please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. 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. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant 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: tt s:// .tu ila aov/e a ents/city-council/ HealthPoint Lisa Yohalem - CEO Vicki Hammond - CFO Sherry Williams - VP Community Engagement 2.24 acres at S 146th and Tukwila International Boulevard iHealthPoint Everyone Deserves Great Care Our Vision For an Integrated Health and Wellness Campus , Campus Integration Individual Experience We Continuously Learn, Innovate and Assess e Lead Bravely with Equity Patients: Healthy a Patients:Chronic illness but stable j Patients:Chronic conditions with complex needs Community Members i HealthPoint Everyone Deserves Great Care Phase 1 Update The project's first building will deliver a 35,000 SF, 3 story LEED Gold building Medical, dental, behavioral health, & pharmacy - serving 8000 patients 28 K medical, 15 K dental, and 5.5K Behavioral health visits per year (at full capacity) Early childhood development center with the YMCA General Contractor selected (BNBuilders) City is reviewing design and permits, advancing well Groundbreaking in early spring, 2025 Planned opening in summer, 2026 Goal of at least 20% local/women-owned/minority- owned businesses as subcontractors HealthPoint Everyone Deserves Great Care 6) Phase 2 Planning HealthPoint's preferred use for phase 2 development is a community center Ability to build on the City's past investment in community engagement for a teen and senior center Builds on HealthPoint's successful partnership with Family First in Renton Pending funding, HealthPoint intends to build and lease out the community center Ongoing discussions with Family First and City of Tukwila Parks and Rec for operating the facility HealthPoint Everyone Deserves Great Care Next Steps for Phase 2 Develop conceptual plan for operations and financing Receive preliminary support from HealthPoint, Family First, and Tukwila Build out project plan, including financing milestones Receive official commitments from HealthPoint, Family First, and Tukwila Project timeline will depend on the fundraising timeline HealthPoint Everyone Deserves Great Care c° Comments and Questions iHealthPoint Everyone Deserves Great Care COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Ig Mayar's review Council review 12/09/24 JR ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: ADAM COX ORIGINAL AGENDA DATE: 12/09/ 24 AGENDA ITEM TITLE Allentown Truck Ordinance CATEGORY n Discussion 12/09/24 ® Motion Mtg Date 12/16/24 I- Resolution Mtg Date n Ordinance I- Bid Award Mtg Date ❑ Public Hearing Mtg Date I- Other Mtg Date Mtg Date Mtg Date 12/16/24 SPONSOR Council I—Mayor❑HR DCD ❑Finance I— Fire ❑IS ❑P&R ❑Police IIPIW ❑Court SPoNSoR's "No Truck" signs were installed on roadways throughout the Allentown Community. SUMMARY However, no ordinance had been established to authorize the Tukwila Police Department to issue citations or infractions to commerically licensed drivers, in overweight vehicles, who fail to comply with the approved route. Residents of Allentown have expressed their concerns regarding overweight trucks in their neighborhoods. The Council is being asked to approve the ordinance. REVIEWED BY Trans&Infrastructure E CommunitySvs/Safety P Finance Comm. fl Planning/Economic Dev. E Arts Comm. P Parks Comm. n Planning Comm. 11/25/24 COMMITTEE CHAIR: ARMEN PAPYAN 1- LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMll"IEE Public Works Department Forward to the Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: GRANT AWARD Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/24 Forwarded to next Regular meeting Consent Agenda MTG. DATE ATTACHMENTS 12/09/24 Informational Memorandum dated 11/22/24 Draft ordinance Allentown Map & Roadway Table Minutes from the Transportation & Infrastructure Committee meeting of 11/25/24 12/16/24 Final ordinance 10 ash'Ir°on T 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A NEW CHAPTER 9.54 OF THE TUKWILA MUNICIPAL CODE (TMC) ENTITLED, "TRUCK ROUTES"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, residents of the City of Tukwila ("City") have brought forward concerns about through -hauling trucks within their neighborhoods and the associated safety and infrastructure degradation issues that arise from this activity; and WHEREAS, neighborhood roadways are designated to accommodate mostly light duty and occasionally medium duty vehicles; and WHEREAS, frequent use of residential roadways by heavy duty vehicles rapidly accelerates deterioration of the roadway and increases the likelihood of damage to ancillary roadway infrastructure due to insufficient room to accommodate safety turning movements; and WHEREAS, RCW 46.44.080 permits municipalities to prohibit the operation of motor trucks or other vehicles or impose weight limits on use of trucks as they deem necessary to protect public roadways; and WHEREAS, the City Council desires to enable commerce to flow on City roadways, in particular on roadways in the Allentown residential area, while ensuring that the roadways are protected from damage caused by heavier vehicles; and Page 1 of 6 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox 11 WHEREAS, the City Council adopts this chapter to establish truck routes within the City that promote compatible land uses, enhance public safety, and minimize pavement maintenance and reconstruction costs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 9.54 Established. Tukwila Municipal Code (TMC) Chapter 9.54, entitled "Truck Routes," is hereby established to read as follows: CHAPTER 9.54 TRUCK ROUTES Sections: 9.54.010 Purpose and Policy 9.54.020 Definitions 9.54.030 Trucks — Prohibited 9.54.040 Enforcement and Penalty Section 2. Regulations Established. A new TMC Section 9.54.010 is hereby established to read as follows: 9.54.010 Purpose and Policy A. Purpose. The purpose of this chapter is to establish truck routes within the city that promote compatible land uses, enhance public safety, and minimize pavement maintenance and reconstruction costs. B. Policy. 1. Provide roadways that are safe for vehicles, bicyclists, and pedestrians to use; 2. Provide truck routes that follow the guidance contained in the city's comprehensive plan transportation element (the transportation plan); 3. Provide for the transportation of heavier products on roads (truck routes) best designed to handle the additional pavement stress in order to minimize the amount of maintenance and repair costs required on those streets; 4. Restrict the gross vehicle weight of vehicles traveling on non -truck route roads except where the use of these roads is necessary to travel from the point of origin within the city to the nearest truck route, or from a truck route to a destination point within the city; 5. Limit the number of truck routes to minimize the number of streets that need more expensive pavement construction and more frequent maintenance work; 6. Protect residential neighborhoods from: a. Excessive truck traffic creating greater hazards to pedestrians, bicyclists, and children; 12 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox Page 2 of 6 b. Increased congestion and noise pollution from truck traffic; and c. Minimize pavement potholes, raveling, rutting, or other pavement distress conditions that cause hazards to motorcyclists, bicyclists, and pedestrians; 7. Finally, it is recognized that during emergency situations, the director of public works or designee shall have the authority to further restrict loads or create detours for vehicles traveling on city road Section 2. Regulations Established. A new TMC Section 9.54.020 is hereby established to read as follows: 9.54.020 Definitions The following words and terms, used in this chapter, shall have the following meanings except where otherwise defined : (A) "City" means the City of Tukwila. (B) "Destination point" means the fixed location that the operator of a vehicle must directly access in order to load or unload goods, passengers or other cargo, or to perform services. (C) "Parking" means that term as defined in RCW 46.04.381, as now or hereafter amended. (D) "Hazardous cargo" means "hazardous materials," as defined in RCW 70.136.020(1), as now or hereafter amended. (E) "Semitrailer" means that term as defined in RCW 46.04.530, as now or hereafter amended. (F) "Trailer" means that term as defined in RCW 46.04.620, as now or hereafter amended. (G) "Motor truck" means that term as defined in RCW 46.04.310, as now or hereafter amended. (H) "Tractor" means that term as defined in RCW 46.04.650, as now or hereafter amended. (1) "Truck tractor" means that term as defined in RCW 46.04.655, as now or hereafter amended. (J) "Vehicle" means that term as defined in RCW 46.04.670, as now or hereafter amended. Section 3. Regulations Established. A new TMC Section 9.54.030 is hereby established to read as follows: Page 3 of 6 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox 13 9.54.030 Trucks — Prohibited (A) Operation of the following vehicles shall not occur upon and within the routes established pursuant to this chapter: (1) Vehicles Restricted by Weight, Width and/or Length. Any motor truck, truck tractor, motor truck and trailer combination, or truck tractor and semitrailer combination, which exceeds eight feet in width, 26 feet in total length, or 26,001 pounds gross weight, including load; or (2) Any vehicle transporting radioactive material; or (3) Any vehicle transporting hazardous cargo. (B) All trucks and vehicles identified in Section A are prohibited from traveling on the following routes: Roadway Start Stop 1 42nd Ave S 2 S 115th St 3 S 116th St 4 43rd PIS 5 44th Ave S 6 44th PIS 7 46th Ave S 8 S 122nd 9 43rd Ave S 10 44th Ave S 11 45th Ave S 12 46th Ave S 13 47th Ave S 14 48th Ave S 15 49th Ave S 16 50th Ave S 17 S 122nd Ln 18 51stPIS S 124th St 42nd Ave S 42nd Ave S S116thSt 43rd PIS 44th Ave S 44th PIS 42nd Ave S S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St 51st PIS 50th Ave S S 124th St S 115th St E Marginal Way S 43rd PIS 44th Ave S S 122nd St 46th Ave S S 122nd St 44th PIS S 124th St S124thSt S 124th St S 124th St S 124th St S 124th St S 124th St S 122nd Ln 51stPIS Dead end (C) The prohibitions set forth in this chapter shall not apply to the following: (1) The operation of a vehicle upon any street where directly and unavoidably necessary in order to access or depart from a destination point. When a destination point is not located immediately adjacent to a State highway route or a designated truck route, the vehicle operator shall access and/or depart from the destination point using the shortest and most direct City arterial route to and from the nearest State highway route or designated truck route. 14 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox Page 4of6 (2) The operation of emergency and law enforcement vehicles. (3) The operation of any vehicle owned or operated by the City, a public utility or any contractor or materialman, while directly engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the City. (4) The operation of any vehicle within and pursuant to any officially established temporary detour route. (5) The operation of any vehicle directly engaged in the disposal, collection and/or transport of waste, including but not limited to recyclable material, as a part of a regularly scheduled curbside or on -site disposal or collection service within the Tukwila City limits; provided, that this exception shall not apply to hazardous cargo or radioactive materials. (6) The operation of passenger buses, including but not limited to mass transit vehicles and school buses. (7) The operation of vehicles directly engaged in transporting perishable commodities or commodities necessary for the health and welfare of local residents. Section 4. Regulations Established. A new TMC Section 9.54.040 is hereby established to read as follows: 9.54.040 Enforcement —Penalty Violation of TMC 9.54.030 is a traffic infraction, with a monetary penalty of $250.00 ($250.00), including statutory assessments, provided that signage is erected in a conspicuous place at each end of any residential or collector street and the entry to any cul- de-sac, stating that trucks over 26,001 pounds gross weight, including load, are prohibited. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force thirty (30) days after passage and publication as provided by law. Page 5 of 6 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox 15 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: 16 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox Page 6 of 6 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 7/01/24 AY 12/09/24 DCS 12/16/24 DCS ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: N. GIERLOFF ORIGINAL AGENDA DATE: 7/1/24 AGENDA ITEM TITLE Tukwila South Development Agreement Six -Month Extension CATEGORY 11 Discussion Mtg Date 12/9/24 E Motion Mtg Date El Resolution Mtg Date 11 Ordinance Mtg Date 12/16/24 E Bid Award Mtg Date /1 Public Hearing Mtg Date 12/9/24 ❑ Other Mtg Date SPONSOR Council /1 Mayor Admin Svcs 11 DCD ❑ Finance ❑Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The 2009 Development Agreement governing the Tukwila South subarea expires on December 22, 2024. Segale Properties has requested a six month extension. Council is being asked to hold a public hearing and approve an ordinance authorizing an amendment agreeing to the six month extension. REVIEWED BY Trans&Infrastructure Svcs LTAC DATE: N/A Community Svcs/Safety LJ Finance & Governance LJ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPoNsoR/ADMIN. Mayor's Office/Department of Community Development COMM 1'1 EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 7/1/24 Briefing and Discussion 12/9/24 Forwarded to next Regular Meeting Consent Agenda 12/16/24 MTG. DATE ATTACHMENTS 12/9/24 Informational Memorandum dated 12/2/24 Proposed Ordinance Proposed Fourth Amendment to Development Agreement 12/16/24 Final Ordinance 17 18 W-,Thington AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXTENDING THE TERM OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC AND ITS SUCCESSORS FOR THE TUKWILA SOUTH DEVELOPMENT FOR SIX MONTHS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and Segale Properties LLC and its successors owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property;" and WHEREAS, on June 8, 2009, the City of Tukwila passed Ordinance No. 2233, which adopted the Development Agreement by and between the City of Tukwila and Segale Properties LLC (formerly known as La Pianta LLC) (the "Original Agreement") regarding the Tukwila South project; and WHEREAS, the Original Agreement was revised five times, with the First and Third Amendments recorded at King County recording nos. 20100726001101 and 20140624000980, and two Addenda recorded at King County recording nos. 20130228000691, and 20130228000692, and the Second Amendment, dated November 20, 2012, which remains unrecorded; and WHEREAS, MAS TUKWILA LLC, a Washington limited liability company ("Mas Tukwila"), LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("LIT Industrial"), H&H ANDOVER PARK, LLC, a Washington limited liability company ("H&H Andover Park") and CONTINENTAL MILLS, INC., a Washington for profit corporation ("Continental Mills") (collectively, "Successors") have each acquired certain parcels subject to the Original Agreement; and 2024 Legislation: Extending Tukwila South Development Agreement Version: 11/18/2024 Staff: N. Gierloff; D. Speck Page 1 of 3 19 WHEREAS, the City of Tukwila owns real property operated as Fire Station 51, located at 17951 Southcenter Parkway, Tukwila, Washington 98188 (King County parcel nos. 3523049008 & 3523049040 (shown as vacant)) within the Tukwila South project area, which Segale Properties dedicated to the City pursuant to a Fire Facilities Agreement (Contract No. 14-065); and WHEREAS, under Section 5.2.3 of the Development Agreement, the Tukwila South Project's vesting of development regulations applies for fifteen (15) years from the effective date of the annexation of the Tukwila South Property to the City of the Tukwila (the "Term" of the Development Agreement); and WHEREAS, the effective date of the annexation of the Tukwila South Property to the City of Tukwila was June 20, 2009, such that the Term of the Original Agreement, as revised, expires on December 22, 2024; and WHEREAS, the City of Tukwila, Segale Properties LLC, and its successors have agreed to a six-month extension of the Term of the Original Agreement, as revised, which extension also applies to Section 5.2.3 of the Original Agreement, Scope of Vesting; and WHEREAS, pursuant to RCW 36.70B.200 and TMC 18.86.050, a public hearing was held for this ordinance on December 9, 2024; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Extension of Development Agreement Term. The Term of the Development Agreement between the City of Tukwila, Segale Properties LLC, and its successors, as approved by Ordinance 2233 and as subsequently revised, shall be extended by six (6) months, making the new expiration date of the Development Agreement June 23, 2025, as set forth in the attached "Fourth Amendment to Development Agreement for the Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk, and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after passage and publication as provided by law. 2024 Legislation: Extending Tukwila South Development Agreement Version: 11/18/2024 Staff: N. Gierloff; D. Speck Page 2 of 3 20 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of December 2024. ATTEST/AUTHENTICATED: Andy Youn, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Exhibit A — Fourth Amendment to Development Agreement 2024 Legislation: Extending Tukwila South Development Agreement Version: 11/18/2024 Staff: N. Gierloff; D. Speck Page 3 of 3 21 22 When Recorded Return to: Nancy Bainbridge Rogers Cairncross & Hempelmann, P.S. 524 Second Avenue, Suite 500 Seattle, WA 98104-2323 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT Reference Number(s) of Documents assigned or released: 20100726001100; 20100726001101; 20130228000691; 20130228000692; and 20140624000980 Grantor: SEGALE PROPERTIES LLC, a Washington limited liability company MAS TUKWILA LLC, a Washington limited liability company LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership H&H ANDOVER PARK, LLC, a Washington limited liability company CONTINENTAL MILLS, INC., a Washington for profit corporation Grantee: CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation Abbreviated Legal: N/A Tax Parcel Nos.: 870021-0050; 870021-0100; 870021-0130; 870040-0230; 870040-0180; 870040-0070; 870040-0120; 870040-0170; 870021-0040; 870021-0090; 032204-9062; 870040-0240; 870040-0190; 870040-0082; 870040-0130; 870040-0010; 870021-0030; 870021-0080; 870040-0200; 870040-0250; 870040-0040; 870040-0090; 870040-0140; 870040-0020; 870021-0020; 870021-0110; 870040-0210; 870040-0260; 870040-0050; 870040-0100; 870040-0150; 870040-0030; 870021-0010; 870021-0120; 870040-0220; 870040-0270; 870040-0060; 870040-0110; 870040-0160; 352304-9109 1 23 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT THIS FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (the "Fourth Amendment") is made and entered into this day of December, 2024, by and between the CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation ("City"), SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale"), MAS TUKWILA LLC, a Washington limited liability company ("Mas Tukwila"), LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("LIT Industrial"), H&H ANDOVER PARK, LLC, a Washington limited liability company ("H&H Andover Park") and CONTINENTAL MILLS, INC., a Washington for profit corporation ("Continental Mills") (together, the "Parties"). I. RECITALS WHEREAS, on June 10, 2009, the City and Segale (formerly known as La Pianta LLC) entered a Development Agreement (the "Original Agreement") regarding the Tukwila South project, then comprising approximately 512 acres of real property, and recorded the Original Agreement at King County recording no. 20100726001100, and the Original Agreement was revised five times, with the First and Third Amendments recorded at King County recording nos. 20100726001101 and 20140624000980, and two Addenda recorded at King County recording nos. 20130228000691 and 20130228000692, and the Second Amendment, dated November 20, 2012, which remains unrecorded. WHEREAS, Mas Tukwila, LIT Industrial, H&H Andover Park, and Continental Mills have each acquired certain parcels subject to the Original Agreement. WHEREAS, the Original Agreement, as revised, is set to expire on December 22, 2024, and all Parties wish to enter a six-month extension. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to the Parties, the Parties hereby agree as follows: 11. AGREEMENT 1. The first sentence of Section 9.13 of the Original Agreement is hereby amended to read: "The Term of this Agreement is extended to June 23, 2025." The Parties agree the June 23, 2025 expiration date also applies to Section 5.2.3, Scope of Vesting. [signature pages to follow] 2 24 CITY OF TUKWILA, a Washington municipal corporation By: Name: Thomas McLeod Its: Mayor Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me , to me known to be the mayor of CITY OF TUKWILA, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument. 2024. GIVEN under my hand and official seal this day of (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 3 25 SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Developmer;Onc. Its: Manager / By: Name: Mark A. Segde Its: President STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this day personally appeared before me Mark A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the manager of SEGALE PROPERTIES LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this 2,0 day of NOVA ,2024. BRITTANY MICHELLE WAXMAN Notary Public State of Washington Commission # 23010404 My Comm. Expires Apr 26, 2027 ' ,411, "WV "VIOr 'WV p (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 26 4 MAS T KWILA LLC, a Ws ngton limited liability company By: Brett Jaco Manager Date: er STATE OF WASHINGTON ) COUNTY OF KING ss. On this day personally appeared before me BRETT JACOBSEN, to me known to be a manager of the MAS TUKWILA Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal tl An. -ark.. Jr.- AO- -Alb -01114,,46- 40, Angela Teano Notary Public State of Washington My Appointment Expires 812112 02 7 ornrissiOfl Number 23026425 day of liNs\I (A '&04- , 2024. (Print name okotary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires ° 5 27 LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership By: LIT Holdings GP, LLC, a Delaware limited liability company Its: General Partner „.0,11 CO ii By9ayton onklin (Nov 22, 2024 06:58 PST) Name: Dayton Conklin SVP Date: 22-Nov-2024 STATE OF --1; COUNTY OF ) ) ss. 63‘0,g) ) On this day personally appeared before me I on.0 kiio me known to be a (N-A' tof LIT Holdings GP, LLC, a Dela are limited liability company, the general partner of LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this Noomosi 77RITTANY MCCARTHY PubIic, State of Texas Comm. Expires 10-07-2028 Notary ID 135120198 day of , 2024. r3s74-0,,e-k 11C-CriP-K (Print name f notary) NOTARY PUBLIC in and for the State of - t • residing at Dc\NitaR, My commission expires i0 6 28 H&H ANDOVER PARK, LLC, a Washington limited liability company By: Peter Hollomon Director Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me PETER HOLLOMON, to me known to be a member of the H&H ANDOVER PARK Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this day of , 2024. (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 7 29 CONTINENTAL MILLS, INC., a Washington for profit corporation By: Robert Dilworth CFO Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this day personally appeared before me ROBERT DILWORTH, to me known to be CFO of CONTINENTAL MILLS, INC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. 2024. GIVEN under my hand and official seal this ASHLEY SUSANNA NYAL HENDERSON Notary Public State of Washington Commission # 20103646 My Comm. Expires Feb 25, 2028 day of (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at 101 My commission expires 30 8 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 12/16/24 DR ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: MATTHEW AUSTIN ORIGINAL AGENDA DATE: 12/16/24 AGENDA ITEM TITLE Contract Approval: Joseph Foster Memorial Park Bathroom Replacement CATEGORY Discussion Mtg Dale E Motion Mtg Date El Resolution Mtg Date E Ordinance Mtg Date /1 Bid Award Mtg Date 12/16/24 E Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR LJ Council LJ Mayor Admin Svcs [J DCD [J Finance Fire 11 PcR [J Police 11 PiF SPONSOR'S SUMMARY City staff are proposing a contract for replacement of the restroom facilities located at Joseph Foster Memorial Park. The facility previously in place at this location was burned down inadvertantly by fireworks on July 4th, 2023. This contract is in excess of mayoral signature authority. Therefore, city staff seek and recommend the council approve this contract for execution by the city mayor so the project may commence with an anticipated completion date of June 2025. REVIEWED BY ❑ Trans&Infrastructure Svcs 11 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. LTAC ❑ Arts Comm. DATE: 12/ 9/ 24 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation COMMIBIEE Unanimous approval; Forward to 12/16 Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $255,075.53 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $255,075.53 Fund Source: WCIA INSURANCE PAYOUT & FUND 301 FUND BALANCE Comments: $65,000 Net payout from WCIA, $190,075.53 from Fund 301 (Park Impact Fees/Parks Levy) MTG. DATE RECORD OF COUNCIL ACTION 12/16/24 MTG. DATE ATTACHMENTS 12/16/24 Informational Memorandum dated 11/20/24 A --- Proposed Contract for Services + Accompanying Exhibits B --- Picture Example of "Dakota" Bathroom Installation C --- "Dakota" Installation Building Elevations & Floor Plan D --- Minutes from the 12/9 CSS Committee meeting 31 32 TO: Parks & Recreation Department- Pete Mayer, Director INFORMATIONAL MEMORANDUM Community Services & Safety Committee Thomas McLeod, Mayor FROM: Matthew Austin, Parks Maintenance & Operations Superintendent Shawn Christie, Public Works Internal Operations Manager BY: David Rosen, Parks & Recreation Analyst DATE: November 20, 2024 SUBJECT: Contract Approval: Joseph Foster Memorial Park Restroom Replacement ISSUE City staff have prepared a contract for construction of a replacement restroom facility at Joseph Foster Memorial Park. The project's total cost is in an amount requiring council approval before the Mayor may sign the contract for execution. BACKGROUND On the evening of July 4th, 2023, the restroom facility located at Joseph Foster Memorial Park (13919 53rd Ave S) burned down it what is believed to be an accident due to the nearby lighting/usage of fireworks. The structure was deemed a complete loss and subsequently fully demolished. Since then, Parks and Recreation and Public Works have been coordinating for replacement of the facility. DISCUSSION Parks and Recreation and Public Works utilized a state -level master contract to select a its services contractor, CXT Inc., who will provide the restroom in the form of its pre -fabricated "Dakota" model in its "D4" configuration which has features including but not limited to: Three individual user flush restrooms (Two of which are ADA accessible), four -gallon water heater, interior and exterior lighting, and an ADA - accessible drinking fountain. The projected timeline for project completion is 110 — 150 days from order execution, providing for a June 2025 completion for the proposed project/contract. FINANCIAL IMPACT Per the contract terms provided, the total cost of this project is estimated to be $255,075.53. The funding sources for this project are as follows: • $65,000 - Net insurance payout from the Washington Cities Insurance Authority (WCIA) • $190,075.53 — Payment from Fund 301 fund balance utilizing Park Impact Fees, King County Parks Levy Funds, and other non -restricted monies Therefore, approval of this contract does not create any net general fund inflows or outflows. RECOMMENDATION Staff recommend the committee forward this contract for approval on the December 16th Regular Meeting Consent Agenda. ATTACHMENTS A --- Proposed Contract for Services & Exhibits B --- Picture Example of "Dakota" Bathroom Installation C --- "Dakota" Installation Building Elevations & Floor Plan Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 33 34 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and CXT, Inc., hereinafter referred to as "the Contractor," whose principal office is located at 606 N. Pines Road Suite 202, Spokane Valley, WA 99206. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $255,075.53 at a rate described in Exhibits A & B ($33,776.30 for installation of utility/building foundation + $221,299.23 for installation of building itself). 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing December 9th, 2024, and ending July 31, 2025, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, CA Revised May 2020 Page 1 of 4 35 except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. CA Revised May 2020 Page 2 of 4 36 D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this CA Revised May 2020 Page 3 of 4 37 Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 3rd day of December, 2024. City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff, ** CITY OF TUKWILA CONTRACTOR: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: Address: CA Revised May 2020 Page 4 of 4 38 ORDERING INFORMATION CXT® Precast Concrete Products manufactures restroom, shower and concession buildings in multiple designs, textures and colors. The roof and walls are fabricated with high strength precast concrete to meet all local building codes and textured to match local architectural details. All CXT buildings are designed to meet A.D.A. and to withstand heavy snow, high wind and category E seismic loads. All concrete construction also makes the buildings easy to maintain and withstand the rigors of vandalism. The buildings are prefabricated and delivered complete and ready -to- use, including plumbing and electrical where applicable. With thousands of satisfied customers nationwide, CXT is the leader in prefabricated concrete restrooms. 1. ORDERING ADDRESS(ES): CXT Precast Concrete Products, 606 N. Pines Road, Suite 202, Spokane Valley, WA 99206 2. ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRESS(ES): Remitting by check: CXT, Inc., PO Box 676208, Dallas, TX 75267-6208 Remitting by ACH or wire transfer: Beneficiary: CXT, Inc. Beneficiary Bank: PNC Bank, Pittsburgh, PA Account: 1077766885 ABA/Routing: 043000096 Email remittance details to AR@Ibfoster.com 4. WARRANTY PROVISIONS: CXT provides a one (1) year warranty. The warranty is valid only when concrete is used within the specified loadings. Furthermore, said warranty includes only the related material necessary for the construction and fabrication of said concrete components. All other non -concrete components will carry a one (1) year warranty. CXT warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed accepted and meeting specifications unless notice identifying the nature of any non- conformity is provided to CXT in writing within the specified warranty. CXT, at its option, will repair or replace the goods or issue credit for the customer provided CXT is first given the opportunity to inspect such goods. It is specifically understood that CXT's obligation hereunder is for credit, repair or replacement only, F.O.B. CXT's manufacturing plants, and does not include shipping, handling, installation or other incidental or consequential costs unless otherwise agreed to in writing by CXT. This warranty shall not apply to: 1. Any goods which have been repaired or altered without CXT's express written consent, in such a way as in the reasonable judgment of CXT, to adversely affect the stability or reliability thereof; 2. To any goods which have been subject to misuse, negligence, acts of God or accidents; or 3. To any goods which have not been installed to manufacturer's specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed. 5. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): All prices subject to the "Conditions of Sale" listed on the CXT quotation form. Customers are responsible for marking exact location building is to be set; providing clear and level site, free of overhead and/or underground obstructions; and providing site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles to access. CXT reserves the right to charge the customer for additional costs incurred for special equipment required to perform delivery and installation. Customers will negotiate installation on a project - by -project basis, which shall be priced as separate line items. For more information regarding installation and truck turning radius guidelines please see our website at http//www.cxtinc.com. In the event delivery of the building/s ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment. Delivery and installation charges will be invoiced at the time of delivery and installation. Should the delivery and installation costs increase due to changes in the delivery period, this increase will be added to the price originally quoted, and will be subject to the contract payment terms. In the event that the delivery is delayed more than 90 days after the agreed to schedule and through no fault of CXT, then in addition to the remedies above, a storage fee of 1-1% of contract price per month or any part of any month will be charged. **Customer is responsible for all local permits and fees. 6. DELIVERY CHARGE: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers. 7. PAYMENT TERMS: All orders are cash in advance. At CXT's discretion, credit may be given after approval of credit application. Payment to CXT by the purchaser of any approved credit amount is net 30 days after submission of invoice to purchaser. Interest at a rate equal to the lower of (i) the highest rate permitted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning with the 35th day (includes five (5) day grace period) from the date of the invoice. Under no circumstance can retention be taken. If CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT's costs, expenses and attorneys' fees and costs of any appeal. 8. LIMITATION OF REMEDIES: In the event of any breach of any obligations hereunder; breach of any warranty regarding the goods, or any negligent act or omission of any party, the parties agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be liable for damages in excess of the purchase price of the goods herein offered. 9. DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers. Use the information below to determine the origin: • F.O.B. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687 applies to: AK, CA, HI, ID, MT, ND, NV, OR, SD, UT, WA, WY. • F.O.B. 901 North Highway 77, Hillsboro, TX 76645 applies to AR, AZ, CO, IA, KS, LA, MN, MO, MS, NE, NM, OK, TX. • F.O.B. 362 Waverly Road, Williamstown, WV 26183 applies to AL, CT, DE, FL, GA, IL, IN, KY, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, PR, RI, SC, TN, VA, VT, WI, WV. • Prices exclude all federal/state/local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption. Rev. 05'39022 DAKOTA - 11' x 26' Dakota with chase has two multiuser fully accessible flush restrooms. Standard features include simulated barnwood textured walls, simulated cedar shake textured roof, vitreous china fixtures, 4-gallon water heater, interior and exterior lights, off loaded, and set up at site. itt Base Price Rap VvVi 401 $ 109,566.00 Final Connection to Utilities $ 5,000.00 Optional Wall Texture- choose one 0 Split Face Block ($5,500) 0 Custom Texture ($7,000) Reset Wal€ Texture 800.696.5766 cxtinc.com 01/4 $ 109,566.00 5,000.00 5,500.00 Optional Roof Texture Ribbed Metal $ 5,500.00 5,500.00 Individual User Option $ 24,500.00 24,500.00 Stainless Steel Water Closet (each) Qty: 3 $ 1,750.00 5,250.00 Stainless Steel Lavatory (each) Qty: 3 1,500.00 4,500.00 Stainless Steel Urinal (each) Qty: 1 1,500.00 0.00 Electric Hand Dryer (each) Qty: 3 $ 700.00 2,100.00 Electronic Flush Valve (each) Qty: 3 $ 1,500.00 0.00 Electronic Lavatory Faucet (each) Qty: 2 $ 1,500.00 0.00 Electronic Urinal Valve (each) Qty: $ 1,500.00 0.00 Paper Towel Dispenser (each) Qty: 2 $ 350.00 0.00 Toilet Seat Cover Dispenser (each) Qty: 3 $ 350.00 0.00 Sanitary Napkin Disposal Receptacle (each) Qty: 2 $ 100.00 0.00 Baby Changing Table (each) Q y: 2 $ 750.00 0.00 Skylight in Restroom (each) Qty: 2 $ 1,600.00 0.00 Marine Grade Skylight in Restroom (each) QtY: 2 $ 2,450.00 0.00 Marine Package (excluding fiberglass doors and frames) $ 2,350.00 0.00 Exterior Mounted ADA Drinking Fountain w/Cone Skirt (each) Qty: $ 5,600.00 5,600.00 2K Anti -Graffiti Coating $ 4,000.00 0.00 Optional Door Closure (each) Qty: 2 $ 700.00 0.00 Fiberglass Entry and Chase Doors and Frames (each) Qty: 4 $ 3,300.00 0.00 Timed Electric Lock System (2 doors- does not include chase door) (each) Qty: 3 $ 1,350.00 4,050.00 Exterior Frostproof Hose Bib with Box (each) Qty: 1 $ 1,200.00 0.00 Total for Added Cost Options: 62,000.00 Custom Options: Extra Crane 8 HR Min $5,000, Drinking fountain w/ bottle filler $ 5,000.00 Engineering and State Fees: Estimated One -Way Transportation Costs to Site (quote): Estimated monthly payment on 5 year lease $4,448.11 This price quote is good for 60 days from date below, and is accurate and complete. Todd Weger Digitally signed by Todd Weger Date: 2024.08.23 12:23:38-07'00' Estimated Tax: Total Cost per Unit Placed at Job Site: 8,200.00 I accept this quote. Please process this order. Company Name CXT Sales Representative 40 Date Company Representative Date OPTIONS Exterior Color(s) (For single color mark an X. For two-tone combinations use W = Walls and R = Roof.) Amber Rose Charcoal Grey Golden Beige Liberty Tan Nuss Brown Rich Earth Sand Beige Special roof color # Special wall color # Special trim color # Rock Color Basalt Roof Texture Cedar Shake Berry Mauve Coca Milk Granite Rock Malibu Taupe Oatmeal Buff Rosewood Sun Bronze Mountain Blend Ribbed Metal Buckskin Evergreen Hunter Green Mocha Caramel Pueblo Gold Sage Green Toasted Almond Natural Grey Cappuccino Cream Georgia Brick Java Brown Natural Honey Raven Black Salsa Red Western Wheat Romano Wall Texture(s) (For single color mark an X. For top and bottom textures use T = Top and B = Bottom.) Barnwood Split Face Block Stucco/Skip Trowel Horizontal Lap Board 5- Batt Brick Napa Valley Rock Flagstone (Textures not included in CXT's quote are additional cost.) Door Opener Non -locking ADA Handle Deadbolt Accessible Signage Men Women Unisex Privacy ADA Latch Toilet Paper Holder 2-Roll Stainless Steel 3-Roll Stainless Steel Notes: River Rock Pull Handle/Push Plate cxtinc.com 800.696.5766 CX111171 ° nc. an L.B. Foster Company Quote: BH/9/6/2024/Firstchoice Job Name: Tukwila WA Denali 2 Section Scope: • Construct 6" gravel -based foundation to CXT spec for CXT Flush building. • Includes plumbing and electrical utilities in gravel pad to CXT spec. • Elevation benchmark must be marked on site prior to construction. • Gravel based foundation constructed on current natural grade. • Does not include any subgrade preparation. • Includes utilities run out to 5' from pad. • Utilities schedule 40 PVC for sewer and copper for water to CXT spec. • Full install must be ordered. • Does not include connecting main utilities to pad utilities. • Includes 1 mobilization and demobilization. • Change orders must be approved with 24 hours if necessary. • Owner must have site ready prior to construction. • CXT not responsible for incidental damage to surrounding landscape. Sub Total $30,650.00 Tax $3,126.30 Total $33,776.30 Notes: • Price does not include the following customer responsibilities. • Owner responsible for survey. • Owner responsible for geotechnical services. • Owner responsible for all locates for building. • Owner responsible for all permits. • Does not include any retaining walls. • Does not include any provisions for archeological occurrence. • Main utilities to building must be marked and clearly identified. • Main utilities must meet CXT specifications for CXT Flush building. • Change orders must be approved within 24 business hours. 3808 N. Sullivan Road, Building #7 Spokane, WA 99216 Phone: 509.921.8766 • Fax: 509.928.8270 Toll Free: 800.663.5789 Email: info@cxtinc.com • www.cxtinc.com 42 43 44 0 FLOOR PLAN w0 Ld LLJ l --_ I ro 1` i Z V)QV o - 0 1 - r--..Fa... "14--1 I �11- y. I 6 a_ O >- a NS �, �_-- I 7 I RD- J A o PO 1 1 LrJv� LA ao 0, I I 4L 111(00, v' o 1 i--J 1 aNS. - f J • NS '} 111111 I 0 c� '“n a L_ - ABY CHANGING TABLE (TYP 4 PLCS)- 5" FLEI 0- z 0 L_ 10 45 a) 0 a FLOOR PLAN O NM z0 J P=a r- N>a oar 00v U oz o0 00 0u O z 00 0 0 0 0 r_ 0 O 0 O 0 r� 00 0 0 C 0 0n 0 0 co 0 00 00 0 0 it 00 o O 00 0 0 0 w0 0 J = Q X w co O 0 Q w 0] m 0 w 0 J 0 o m � 0 -/+„0-,Z no 0 0 0 O 0 o▪ 0 _0 0 H GC Z 0 U Z V) Z ® Z 0 = 0 < S � Q Q U Z Z O 0 4 z/1 0 m on rrx t 00 a 0 r- 0) 0 0 0 Z O 0 0 0 REAR ELEVATION 46 EXTERIOR HOSE BIB ow' FLOOR PLAN C tO RH SIDE ELEVATION — / + „ o z NG X ELEVATION 0, — / + „ o — 47 I / 48 SIDE WALL z 0 uJ cc 0 1— z 0, —1 0 0 z 0 u 0 uJ 0 RIBBED METAL ROOF TEXTURE ij b ON - SIDE WA uJ 0 0 FLOOR PLAN City of Tukwila City Council Community Services & Safety Committee Meeting Minutes December 9, 2024- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Brandon Miles, Stacy Hansen, David Rosen, Kris Kelly, Matthew Austin, Laurel Humphrey, Eric Dreyer, Shawn Christie, Pete Mayer Chair McConnell called the meeting to order at 5:30 p.m. 1. BUSINESS AGENDA A. Contract Renewals for Co -Responder Program Staff is seeking approval to amend the contracts with Sound Health to continue the mental health co -responder program through 2025 for $204,000 per year. Committee Recommendation: Unanimous approval. Forward to December 9, 2024 Special Meeting Consent Agenda. B. Crystal Springs Park Lighting Replacement Contract Staff is seeking approval of a contract with LED Trail, Inc. in the amount of $79,232.15 for the project. Committee Recommendation: Unanimous approval. Forward to December 9, 2024 Special Meeting Consent Agenda. C. Joseph Foster Memorial Park Restroom Replacement Contract Staff is seeking approval of a contract with CXT, Inc. in the amount of $255,075.53 for the project. Committee Recommendation: Unanimous approval. Forward to December 16, 2024 Special Meeting Consent Agenda. Councilmember Quinn stated he would recuse himself from discussion on item D. D. King County Veterans, Seniors, and Human Services Levy Contract Amendment Staff is seeking approval to amend the contract with King County in the amount of $80,139 to apply to the TCC HVAC Replacement Project. Committee Recommendation: Majority approval. Forward to December 16, 2024 Regular Meeting. 49 50 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/9/24 BJM 12/16/24 BJM ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 12/9/24 AGENDA ITEM TITLE 2025 Washington State Legislative Agenda CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ® Resolution Mtg Date 12/16 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing 112tg Date 7 Other L1tg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The City of Tukwila develops an annual legislative agenda for use in Olympia during the Washington State legislative session. REVIEWED BY Trans&Infrastructure Svcs ❑ LTAC DATE: N/A Community Svcs/Safety /1 Finance & Governance ❑ Arts Comm. ❑ Parks Comm. u Planning & Community Dev. ❑ Planning Comm. COMMITTEE CTAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. N/A COMMI1'1EE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 12/9/24 Forwarded to next Regular Meeting Consent Agenda MTG. DATE ATTACHMENTS 12/09/24 Staff Informational Memorandum dated 12/3/24 Draft resolution PowerPoint 12/16/24 Draft Resolution Final Resolution 51 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2025 WASHINGTON STATE LEGI TIVE SESSION. WHEREAS, the Washington State Legislature will -ne for its regular session on January 13, 2025, and the City Council agrees to purs - erta WHEREAS, a legislative agenda outlines t discuss when speaking to members of the Wash WHEREAS, the City Council recog this certain additional items may arise durin opposition; NOW, THEREFORE, THE HEREBY RESOLVES AS F The Tukwila City C Session that provide 2025 Legislative Ag riori gislative issues; and issues w at elected officials may e Legislature; and a is not all encompassing, in that session that require support or F THE CITY OF TUKWILA, WASHINGTON, tified priorities for the 2025 Washington State Legislative ocacy on behalf of the community. The City of Tukwila incorporated by reference as Attachment A. PASSED BY THE NCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof thi day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Mohamed Abdi, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A: City of Tukwila 2025 Legislative Agenda City of Tukwila 2025 Legislative Agenda Version: 12/11/24 Staff: B. Miles Page 1 of 1 53 ATTACHMENT A City of Tukwila 2 Legislative Agenda Transportation & Infrastructure • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development and community resiliency. Obtain fundong for the finall phase of the Tukwila Community Center D-IVAC system • Honor funding commitments made in Move Ahead Washington. Housing & Human Services • Address the housing stability crisis by addressing all aspects of affordable housing, including homeownership for moderate income households and below, preservation of naturally occurring affordable housing, land acquisition to secure permanent affordability, permanent supportive housing, infrastructure around affor ble housing developments, and workforce housing. • Fund additional investments in behavioral health ' ding in -patient and out -patient facilities, as an alternative to jail and align State la r r ith _ t practices to allow individuals in crisis to receive necessary and life-saving se -s • Adequately fund services to support asylu ekers, refug- and immigrants residing in Washington cities. Support Ofhi Rif o and oration Assistance funding request for $61.5 million over two y Advancing Equity • Ensure affordable, high -quality bro ba et access as defined by SB 5717 is available to all households a sine - o provide educational, entrepreneurial, business and accessibility, .r all shingtonians to access the internet. Law Enforcement Expand fund experiencing b Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. for co-res vioral he dine mental health professionals to assist individuals h challenges. Education • Implement needs -based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL students. • Incorporate early learning for low-income students as a part of Basic Education. ure the state Po undin for the 1 ukvrila lA'rorn se Initiative, T urisi • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. • Obtain funding for small cities and towns for planning efforts for the FIFA V1k, d alp in 2026 Preparing for Our Future • Enact policies to prepare to combat climate change, including adequately budgeting for its effects and providing tools to cities to prepare and address the ramifications of flooding, pollution and other key factors. Continue to invest in workforce education and job training to ensure Washingtonians have access to high -quality career and technical education opportunities. • Funding for cities to make green infrastructure investments to reduce or .aenhouse gas emissions and improve City sustainability efforts. Parks, Recrea n„conserviof n and Trail C fined: Stroagty support robust investments into outdoor rams such as the Washington Wildlife & Recreation Program (vy etic Facilities (YAF), Aquatic Lands Enhancement ActAALEN the d & ervaton Fund (1„„„„WcF), and other related pro rams, • Advocate for additionaHnvestments into the L .,en Communities pmram for c.guitable support of local urban fbres progra -hat enhance climate resilience, .public health, and environmental “ustice, • Collaboratively support impactful inve 0n rr nt programs and organizations that grow and enhance local and ona nec ty, • Continue to support equita r q o rtunities that assist local governments their park maintenance ackl yoj Wato 55 56 Washington Resolution No.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2025 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the Washington State Legislature will convene for its regular session on January 13, 2025, and the City Council agrees to pursue certain legislative issues; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2025 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2025 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Mohamed Abdi, 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: City of Tukwila 2025 Legislative Agenda City of Tukwila 2025 Legislative Agenda Version: 12/11/24 Staff: B. Miles Page 1 of 1 57 ATTACHMENT A City of Tukwila 2025 Legislative Agenda Transportation & Infrastructure • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development and community resiliency. • Obtain funding for the final phase of the Tukwila Community Center HVAC system. • Honor funding commitments made in Move Ahead Washington. Housing & Human Services • Address the housing stability crisis by addressing all aspects of affordable housing, including homeownership for moderate income households and below, preservation of naturally occurring affordable housing, land acquisition to secure permanent affordability, permanent supportive housing, infrastructure around affordable housing developments, and workforce housing. • Fund additional investments in behavioral health, including in -patient and out -patient facilities, as an alternative to jail and align State law with best practices to allow individuals in crisis to receive necessary and life-saving services. • Adequately fund services to support asylum seekers, refugees and immigrants residing in Washington cities. Support Office of Refugee and Immigration Assistance funding request for $61.5 million over two years. Advancing Equity • Ensure affordable, high -quality broadband internet access as defined by SB 5717 is available to all households and businesses to provide educational, entrepreneurial, business and accessibility equity for all Washingtonians to access the internet. Law Enforcement • Expand funding for co -responding mental health professionals to assist individuals experiencing behavioral health challenges. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Education • Implement needs -based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL students. • Incorporate early learning for low-income students as a part of Basic Education. • Secure the state portion of funding for the Tukwila Promise Initiative. Tourism • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. • Obtain funding for small cities and towns for planning efforts for the FIFA World Cup in 2026. 58 Preparing for Our Future • Enact policies to prepare to combat climate change, including adequately budgeting for its effects and providing tools to cities to prepare and address the ramifications of flooding, pollution and other key factors. • Continue to invest in workforce education and job training to ensure Washingtonians have access to high -quality career and technical education opportunities. • Funding for cities to make green infrastructure investments to reduce greenhouse gas emissions and improve City sustainability efforts. Parks, Recreation, Conservation and Trail Connectivity • Strongly support robust investments into outdoor recreation programs such as the Washington Wildlife & Recreation Program (WWRP), Youth Athletic Facilities (YAF), Aquatic Lands Enhancement Act (ALEA), the Land & Water Conservation Fund (LWCF), and other related programs. • Advocate for additional investments into the Evergreen Communities program for equitable support of local urban forestry programs that enhance climate resilience, public health, and environmental justice. • Collaboratively support impactful investments into grant programs and organizations that grow and enhance local and regional trail connectivity. • Continue to support equitable funding opportunities that assist local governments with their park maintenance needs and backlogs. 59 60 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 09/23/24 NE 11/18/24 NE 12/09/24 NE 12/16/24 NE ITEM INFORMATION ITEM No. 6.A. STAFF SPONSOR: NANCY EKLUND ORIGINAL AGENDA DATE: 09/23/24 AGENDA ITEM TITLE PUBLIC HEARING — 2024-2044 Tukwila Comprehensive Plan Update (#3 of 3) CATEGORY 11 Discussion Mtg Date 11-18-24 11 Motion Mtg Date 12-16-24 El Resolution Mtg Date 11 Ordinance Mtg Date 12-09-24 E Bid Award Mtg Date /1 Public Hearing Mtg Date 11-18-24 ❑ Other Mtg Date SPONSOR Council U Mayor Admin Svcs 11 DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The City of Tukwila is completing the 2024-2044 Comprehensive Plan Periodic Update, as required by the Washington Growth Management Act. The November 18, 2024, Public Hearing is the second in 3 hearings on the draft Comprehensive Plan. This hearing will focus on the Transportation Element, although the comment may be provided on the overall Plan, as well. The Council is asked to consider comment and provide final direction. The final hearing (12-09-24) will be followed by proposed adoption on 12-16-24. REVIEWED BY Trans&Infrastructure Svcs ❑ LTAC DATE: Community Svcs/Safety LJ Finance & Governance Arts Comm. ❑ Parks Comm. COMMITTEE CHAIR: Planning & Community Dev. Planning Comm. RECOMMENDATIONS: SPoNsoR/ADMIN. Department of Community Development CoMMI1'1 EE NA COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/23/24 Public Hearing on Draft Comprehensive Plan 11/18/24 Public Hearing on Draft Comprehensive Plan 12/09/24 Public Hearing on Draft Comprehensive Plan 12/16/24 MTG. DATE ATTACHMENTS 12/16/24 Informational Memorandum dated 12-10-24 Draft Ordinance Draft Comprehensive Plan & Appendices 61 62 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Nora Gierloff, AICP, Department of Community Development, Director BY: Nancy Eklund, AICP, Long Range Planning Supervisor Neil Tabor, AICP, Senior Planner CC: Mayor McLeod DATE: December 10, 2024 SUBJECT: Deliberations and Adoption — 2024-2044 Tukwila Comprehensive Plan Update (12/16/24) ISSUE The City of Tukwila is completing the 2024-2044 Comprehensive Plan Periodic Update, as required by the Washington Growth Management Act (GMA) in RCW 36. 70A.1 30(1). The City Council has reviewed the elements and background documents to be considered for the 2024 Update, and is ready to take action on the recommended revisions. BACKGROUND The City of Tukwila's Comprehensive Plan, adopted in 1995, provides guidance for the community as it grows and changes over time. The goals, policies, and land use map in the Plan lay out the community's 20-year vision. The Washington Growth Management Act requires that Comprehensive Plans be updated periodically. Tukwila's last major review of the Plan occurred in 2015; the current update of the Plan will address the 2024-2044 planning period. The City must update its Comprehensive Plan no later than December 31, 2024. The GMA allows Tukwila to amend the Comprehensive Plan once a year in a process that involves both the Planning Commission and the City Council. There are opportunities for public comment with each update. The Tukwila Plan consists of several parts: the elements, which include a brief summary about each topic plus the goals and policies for that element, and background reports, provided for some, but not all, elements which provide greater detail to inform the element, including an inventory and known capacity and growth issues. Implementation strategies for the Plan are relevant for Tukwila in documenting how the City will undertake the action to implement the Plan's policies; those will be presented to the Council in early 2025. In 2029, the City will report back to regional and state agencies on the City's accomplishments in implementing its Plan, and will also amend the Plan to include a new element pertaining to Climate and Sustainability that GMA requires by that date. 63 INFORMATIONAL MEMO Page 2 DISCUSSION The City Council has reviewed the Comprehensive Plan numerous times over the last 6 months, including holding Public Hearings on September 23, 2024, November 18, 2024, and December 9, 2024. In addition, the Plan has been reviewed by state, regional, and local agencies. Comments made by these agencies, the public, and the Council have been incorporated into the final draft Plan. The proposed amendments to the Comprehensive Plan have been reviewed relative to the Washington State Environmental Policy Act (SEPA), and an Addendum to the Tukwila Comprehensive Plan Environmental Impact Statement was filed with the Washington Department of Ecology SEPA Register. Those files are available for review here: httos://aoos,ecoloov/seoar/Main/SEPA/Recordasox?SEPANumber=202405256. Following adoption of the Plan, staff will put the Plan in final format, which will include addition of maps, photographs, and other formatting to bring the document together. In addition, links to referenced documents, and other items will be incorporated into the final draft (e.g., Title page, Table of Contents, Acknowledgements, Land Acknowledgment, Glossary, Implementation Strategies matrix, and Index). NEXT STEPS At this time the Council is asked to adopt the final 2024-2044 amendments to the draft Comprehensive Plan (see the Adopting Ordinance in Attachment A). The final draft Comprehensive Plan is available in Attachment B. FINANCIAL IMPACT N/A RECOMMENDATION The Council is asked to consider the draft Plan and adopt the 2024-2044 amendments to the Comprehensive Plan. ATTACHMENTS A. Proposed Adopting Ordinance for Comprehensive Plan Periodic Update B. Draft 2024-2044 Comprehensive Plan 64 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE CITY OF TUKWILA COMPREHENSIVE PLAN IN COMPLIANCE WITH THE REQUIREMENTS OF THE GROWTH MANAGEMENT ACT; ADOPTING LEGISLATIVE FINDINGS IN SUPPORT OF SAID AMENDMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Washington State Growth Management Act ("GMA") pursuant to RCW 36.70A.130, requires that all cities and counties periodically take legislative action to review and, if needed, revise their comprehensive land use plan to ensure the plan complies with the requirements of the GMA; and WHEREAS, on December 4, 1995, the City of Tukwila ("City") adopted its initial Comprehensive Plan by Ordinance No. 1757 to comply with the GMA and has amended it cyclically thereafter; and WHEREAS, in 2023, the City initiated the mandatory 2024 update of its Comprehensive Plan in accordance with RCW 36.70A.130; and WHEREAS, under the schedule established in RCW 36.70A.130(5)(a), December 31, 2024, is the deadline for the City to comply with the required update; and WHEREAS, the GMA requires each jurisdiction to establish public participation procedures, whereby updates, proposed amendments, or revisions to the Comprehensive Plan are considered; and WHEREAS, the City developed, and the City Council accepted, a Community Engagement Plan on June 12, 2023, identifying the following: the outreach objectives, key groups and stakeholders, previous planning documents that would be reviewed for their findings, communication methods and activities to be employed, and a proposed schedule of outreach for the Comprehensive Plan's development; and Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 1 of 5 65 WHEREAS, during the Comprehensive Plan update process, the City solicited public input and publicized the update efforts through articles in "The Hazelnut" and "e-Hazelnut" community newsletters; email messages to a list of community members who self - identified during the 2015 Plan Update, signed up for more information on the City's website between 2022 and 2024, and signed up at various Comprehensive Plan outreach events offered by City staff; Community groups identified and contracted with for input on housing issues and by contacting staff directly to receive more information; and duly noticed public meetings, work sessions and public hearings in front of the Planning Commission and City Council; and WHEREAS, staff prepared an analysis of the Comprehensive Plan currently in effect in Tukwila for consistency with the requirements of RCW 36.70A and, based on this analysis, staff prepared proposed revisions it concluded are needed to comply with RCW 36.70A; and WHEREAS, during review of the Comprehensive Plan, it was determined that, in addition to containing technical information and data that were out of date, numerous elements contained content that was addressed in other elements, had already been accomplished, or were no longer consistent with regional and state policy direction and should be updated and/or consolidated and streamlined; and WHEREAS, the Tukwila Planning Commission considered the technical analysis and proposed Comprehensive Plan amendments between March 2023 and March 2024; and WHEREAS, the Tukwila Planning Commission held a duly noticed public hearing on the draft Comprehensive Plan on March 14, 2024, and following public input, voted to forward the draft plan to the City Council with a recommendation for adoption; and WHEREAS, on December 2, 2024, the City of Tukwila issued a Determination of Non - Significance Addendum to the Tukwila Comprehensive Plan 1995 Environmental Impact Statement (File # E24-0001), which analyzed the potential environmental impact of the proposed Comprehensive Plan amendments, pursuant to the State Environmental Policy Act ("SEPA") and the Tukwila Municipal Code, Title 21; and WHEREAS, pursuant to RCW 36.70A.210, the City must collaborate and be consistent with regional agencies and their plans, including the King County Countywide Planning Policies, the Puget Sound Regional Council Vision 2050, and the requirements of the Washington Department of Commerce and other state agencies for periodic updates of comprehensive plans; and WHEREAS, the City submitted the requested portions of the City's draft Plan to: the Affordable Housing Committee of the King County Growth Management Planning Council on August 7, 2024; the Puget Sound Regional Council on August 7, 2024, and October 7, 2024 (Transportation); and the Washington State Department of Commerce and other state agencies on September 20, 2024, and September 26, 2024 (Transportation), to provide the required 60-day state notification (under RCW 36.70A.106) for comment; and Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 2 of 5 66 WHEREAS, on September 23, 2024; November 18, 2024; and December 9, 2024, the Tukwila City Council held duly noticed public hearings to receive public comments on the recommended changes to the Community Character, Land Use, Regional Centers, Housing Economic Development, Natural Environment, Shoreline, Parks, Recreation, and Open Space, Transportation, Utilities, and Capital Facilities Elements; and WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the analysis and proposed revisions prepared by staff, the proposed revisions forwarded by the Planning Commission, and the public comments received, the City Council; and WHEREAS, at the conclusion of its review and deliberations on December 16, 2024, the City Council approved the amendments to the Comprehensive Plan as set forth in Exhibit A hereby incorporated by this reference; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. In support of this ordinance, the City Council adopts the above recitals. The City Council further makes the following additional findings: A. The proposed Comprehensive Plan amendments are consistent with the GMA and other applicable state laws; B. The proposed Comprehensive Plan amendments are consistent with applicable countywide planning policies and Vision 2050 policies; C. The proposed Comprehensive Plan amendments are beneficial to the City as a whole, and to the health, safety and welfare of its residents; D. The proposed Comprehensive Plan amendments have been processed in material compliance with all applicable procedural requirements; E. The City Council has considered, and has been guided by, the GMA Planning Goals enumerated at RCW 36.70A.020, as well as all other applicable provisions of the GMA; F. The City Council has considered, and the proposed Comprehensive Plan amendments satisfy, the criteria set forth in Chapter 18.80.050 TMC, as applicable; G. All relevant requirements of SEPA have been satisfied in relation to this ordinance; and H. All of the proposed Comprehensive Plan amendments have been considered concurrently so that their cumulative effect has been appropriately ascertained. Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 3 of 5 67 Section 2. Amendment of Comprehensive Plan —Adoption of 2024 Comprehensive Plan Update. The Tukwila Comprehensive Plan is hereby amended to provide in its entirety as contained in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. A copy of the Comprehensive Plan, as amended, shall be maintained for public copying and inspection at Tukwila City Hall. Section 3. SEPA Substantive Authority. The adopted Comprehensive Plan as amended hereby, inclusive of any future amendments, is hereby designated as a basis for the exercise of substantive authority under the State Environmental Policy Act by the City's responsible official in accordance with RCW 43.21 C.060. Section 4. Non -Substantive Document Formatting and Administrative Procedures Authorized. Upon authorization of the City Attorney, the City Clerk may make non -substantive editing changes and updates to the formatting, color, and pictures in the Comprehensive Plan consistent with best available technology to the amended Comprehensive Plan after adoption in order to provide for consistency and clarity in formatting and content. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation to include incorporating the amended Comprehensive Plan, and preparing and publishing the same. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. Copy to Department of Commerce. Pursuant to RCW 36.70A.106, a complete and accurate copy of this ordinance shall be transmitted to the Department of Commerce, Growth Management Services, within ten (10) days of adoption. Section 7. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality if the remaining portions of this ordinance or its application to any other person or situation. Section 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 4 of 5 68 ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A: 2024-2044 Tukwila Comprehensive Plan Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 5 of 5 69 70 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 12/16/24 DR ITEM INFORMATION ITEM No. 6.B. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 12/16/24 AGENDA ITEM TITLE Contract Amendment: King County Veterans, Seniors, & Human Services Levy CATEGORY Discussion Mtg Date E Motion Mtg Date El Resolution Mtg Date E Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date Other Mty Date 12/16 SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑Fire 11 PcR ❑ Police ❑ PW SPONSOR'S SUMMARY The King County Department of Community and Human Services (DCHS) has approached the Tukwila Parks & Recreation Department offering an amendment to its existing VSHSL contract in the amount of $80,139 to be used for the Tukwila Community Center HVAC Replacement Phase 1 Project. City staff request council approve this proposed contract amendment for mayoral signature and execution. REVIEWED BY ❑ Trans&Infrastructure Svcs 11 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. LTAC ❑ Arts Comm. DATE: 12/ 9/ 24 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPoNsoR/ADMIN. Parks & Recreation Department CoMMII"IEE Majority Approval; Forwarded to next Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: KING COUNTY GRANT Comments: $80,139 in funds would be provided via the VSHSL SE1: Support Senior Centers strategy MTG. DATE RECORD OF COUNCIL ACTION 12/16/24 MTG. DATE ATTACHMENTS 12/16/24 Informational Memorandum dated 11/25/24 A --- Proposed King County Contract No. 6437158 Amendment No. 1 B --- King County Contract No. 6437158 Cover Page & Overview C --- Minutes from the 12/9 CSS Committee meeting 71 72 fl Parks & Recreation Department- Pete Mayer, Director Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: David Rosen, Parks & Recreation Fiscal Analyst DATE: November 25, 2024 SUBJECT: Contract Amendment: King County Veterans, Seniors, & Human Services Levy (VSHSL) ISSUE The King County Department of Community and Human Services (DCHS) has approached the Tukwila Parks & Recreation Department offering an amendment to its existing VSHSL contract (King County Agreement No. 6437158 / City of Tukwila Contract 24-134). This amendment has been offered in an amount that requires the City Council to authorize Mayor McLeod to sign and execute said agreement. BACKGROUND The VSHSL is a voter approved six -year property tax levy that envisions senior centers in King County as inclusive central hubs where diverse groups of older adults can form community bonds and access a variety of senior programming and services. Earlier this year, when the Parks & Recreation Department applied for VSHSL foundational funding for programmatic support, it also applied for $250,000 in supplemental funding to support the Tukwila Community Center's HVAC Replacement Project. At the time, the city was awarded $229,500 in foundational funding and $0 in supplemental funding. Since then, the County has made city staff aware it has unspent supplemental funds that could be made available to the HVAC Replacement Project. DISCUSSION The Tukwila Community Center HVAC Replacement Project is currently in Phase 1, which includes a replacement of its boiler and controls system. This project phase totals $1,735,419 with $485,609 of this cost coming from city funds such as the Land Acquisition, Recreation, and Park Development Fund (301). King County has confirmed the amount they will provide via this amendment to be $80,139; this will reduce the city contribution to the project to about 23% with the remaining funding coming from state and county grants and appropriations. FINANCIAL IMPACT This funding would be offered as a reimbursement grant; therefore, acceptance of this amendment does not create any net inflows and/or outflows of any City of Tukwila fund. RECOMMENDATION City staff recommend the committee forward this item to the December 16th City Council Regular Meeting Agenda for approval. ATTACHMENTS A --- Proposed King County Contract 6437158 Amendment No. 1 B --- King County Contract No. 6437158 (City of Tukwila Contract 24-134) Cover Page & Overview Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 73 74 Docusign Envelope ID: A820FBCB-B773-4341-AA39-ED460EC25511 King County DCHS / Department of Community and Human Services Adult Services Division CONTRACT AMENDMENT Adult Services Division Contract No. 6437158 Project/Program SE 1 Support Senior Centers - Amendment Start Name Amendment 1 Date Amendment No. to 1 Amendment No. to Contract SOW Contractor City of Tukwila Address 12424 42nd Ave S, Tukwila, WA 98168, United States PURPOSE OF AMENDMENT The purpose of this amendment is to: 1) Add $80,139 Veterans Seniors, and Human Services Levy Fund — Seniors for SE 1 Support Senior Centers, for the period of July 1, 2024 — December 31, 2024. Changes in funding are detailed in Section A below. As a result of this amendment, the new total contract amount is $309,639. 2) Amend the Statement of Work by adding a new Program Activity. 3) Amend the Statement of Work by adding a new Milestone. 4) Amend the Statement of Work by changing the 2024 monthly payment due on December 13, 2024. A. ADDITIONAL OR CHANGED FUNDING ITEMS Funding Period Fund Source Fund Type Funding Allocation 07/01/2024 - 12/31/2024 Veterans, Seniors and Human Services Levy County $80,139.00 TOTAL CHANGE $80,139.00 City of Tukwila Page 1 of 3 Contract — 6437158 Amendment # 1 75 Docusign Envelope ID: A820FBCB-B773-4341-AA39-ED460EC25511 B. CHANGES TO STANDARD TERMS AND CONDITIONS None. C. CHANGES TO STATEMENT OF WORK 1. Section IV SCOPE OF WORK Subsection B. Program Activities is amended as follows: Add a new Activity, 10.: 10. The Contractor shall spend no more than $80,139 in funds awarded in 2024 to improve energy efficiency at the City of Tukwila Senior Center. Improvements shall include purchase and installation of a new HVAC system in the Senior Center building. If funds remain after the above is completed, additional purchases or repair work to increase energy efficiency, safety or accessibility of the Senior Center may be made with the written permission of King County. 2. Section IV SCOPE OF WORK Subsection C. Milestones is amended as follows: Add new 2025 Milestones, 3., 4.: 3. By March 31, 2025, the Contractor must provide King County with documentation, which includes invoices and receipts, detailing expenses incurred for both purchases and labor charges associated with "Program Activity 10." 4. If the funds allocated for Activity 10 are not fully expended by the initial deadline, the Contractor must submit a plan by March 31, 2025, outlining how it will fully use the remaining funds. Once the funds are fully expended, the Contractor must submit documentation to King County showing the completion of the spending. 3. Section VII COMPENSATION AND METHOD OF PAYMENT Subsection A. Payment to the Contractor is amended as follows: Increase the VSHSL Seniors monthly payment due on December 13, 2024 by $80,139 for a new monthly payment total of $87,639. All other terms and conditions of this Contract and the attached Statement of Work remain unchanged and in full force and effect. All capitalized terms not otherwise defined in this amendment have the meaning ascribed to them in the Contract or Statement of Work. City of Tukwila 76 Page 2 of 3 Contract — 6437158 Amendment # 1 Docusign Envelope ID: A820FBCB-B773-4341-AA39-ED460EC25511 IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and take effect on the date of the last signature. KING COUNTY CITY OF TUKWILA ,-Signed by: 6$.FE007D9C5F4B2... FOR King County Executive 12/2/2024 Date Signature Thomas McLeod NAME (Please type or print) Date City of Tukwila Page 3 of 3 Contract — 6437158 Amendment # 1 77 Docusign Envelope ID: 518060C9-7196-403F-AE21-7073C1A149FE 24-134 Council Approval 7/15/24 KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES CONTRACT Contractor Contract Title Contract Amount Contract Effective Date Service Period From UEI No. (if applicable) CITY OF TUKWILA SE 1 Support Senior Centers $229,500 Date of last signature 07/01/2024 To 12/31/2026 UEQNMC26C8T3 Tax ID 916001519 THIS CONTRACT No. 6437158 is entered into by KING COUNTY (the "County"), and City of Tukwila (the "Contractor") whose address is 6200 Southcenter Blvd, Tukwila, WA, 98188 WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows. City of Tukwila 78 Page 1 of 22 Contract — 6437158 Standard Ts & Cs Docusign Envelope ID: 518060C9-7196-403F-AE21-7073C1A149FE STATEMENT OF WORK (SOW) CITY OF TUKWILA SE 1 SUPPORT SENIOR CENTERS SERVICE PERIOD: 07/01/2024 —12/31/2026 I. OVERVIEW The Contractor shall provide oversight, coordination, and implementation of the City of Tukwila Community Center described further below. The total amount of reimbursement pursuant to this Contract shall not exceed $229,500.00 for the SERVICE PERIOD noted above as shown in the funding table below. Funding for investment in this program is provided by the Veterans, Seniors, and Human Services Levy managed by the Adult Services Division (ASD) of King County's Department of Community and Human Services (DCHS), which has the responsibility for monitoring and achieving the overall outcomes. Ongoing funding for the full services period shall be contingent on the Contractor's implementation of the program as described, timely achievement of the Contract milestones outlined below, continued funding availability, and other contractual requirements contained in this SOW. VSHSL Strategy # and Name Funding Period Fund Source Funding Allocation Social Engagement SE 1: Support Senior Centers 7/1/2024 — 12/31/2024 VSHSL Fund - Seniors $45,000 1/1/2025 — 12/31/2025 VSHSL Fund - Seniors $90,000 1/1/2026 — 12/31/2026 VSHSL Fund - Seniors $94,500 TOTAL BUDGET $229,500 II. DEFINITIONS Below are common terms used throughout this SOW and their definitions. A. Deliverable means the work product and other output of the services and PROGRAM ACTIVITIES required to be delivered by the Contractor as part of the performance of this Contract, as specified in the relevant section below. B. Milestone means a scheduled event signifying the provision of a DELIVERABLE or a set of related DELIVERABLES, occurrence of an event, or completion of a task, activity, or service by the identified date as specified in the relevant section below. City of Tukwila Page 1 of 19 Contract — 6437158 SOW 79 80 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes December 9, 2024- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Brandon Miles, Stacy Hansen, David Rosen, Kris Kelly, Matthew Austin, Laurel Humphrey, Eric Dreyer, Shawn Christie, Pete Mayer Chair McConnell called the meeting to order at 5:30 p.m. 1. BUSINESS AGENDA A. Contract Renewals for Co -Responder Program Staff is seeking approval to amend the contracts with Sound Health to continue the mental health co -responder program through 2025 for $204,000 per year. Committee Recommendation: Unanimous approval. Forward to December 9, 2024 Special Meeting Consent Agenda. B. Crystal Springs Park Lighting Replacement Contract Staff is seeking approval of a contract with LED Trail, Inc. in the amount of $79,232.15 for the project. Committee Recommendation: Unanimous approval. Forward to December 9, 2024 Special Meeting Consent Agenda. C. Joseph Foster Memorial Park Restroom Replacement Contract Staff is seeking approval of a contract with CXT, Inc. in the amount of $255,075.53 for the project. Committee Recommendation: Unanimous approval. Forward to December 16, 2024 Special Meeting Consent Agenda. Councilmember Quinn stated he would recuse himself from discussion on item D. D. King County Veterans, Seniors, and Human Services Levy Contract Amendment Staff is seeking approval to amend the contract with King County in the amount of $80,139 to *apply to the TCC HVAC Replacement Project. Committee Recommendation: Majority approval. Forward to December 16, 2024 Regular Meeting. 81 82 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/9/24 Tony ITEM INFORMATION ITEM No. 6.C. STAFF SPONSOR: TONY CULLERTON ORIGINAL AGENDA DATE: 12/9/24 AGENDA ITEM TITLE ARPA Discussion CATEGORY 11 Discussion Mtg Date 12/9/24 El Motion Mtg Date E Resolution Mtg Date ❑ Ordinance AN Date ❑ Bid Award Mt_ Date E Public Hearing Mty Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD 11 Finance ❑ Fare ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Review 2024 ARPA expenditures and consensus request REVIEWED BY Trans&Infrastructure Svcs ❑ LTAC DATE: Community Svcs/Safety [J Finance & Governance [J Planning & Community Dcv. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONsoR/ADMIN. Finance COMMII'IEE Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/9/24 Forward to 12/16 Regular Meeting MTG. DATE ATTACHMENTS 12/16/24 Obligate Remaining ARPA Funds 83 84 4.4 Thomas McLeod, Mayor Finance Department —Aaron BeMiller, Director TO: Finance and Governance Committee FROM: Aaron BeMiller, Finance Director BY: Tony Cullerton, Deputy Finance Director CC: Mayor McLeod DATE: December 9th, 2024 SUBJECT: Obligate Remaining American Rescue Plan Act (ARPA) Funding ISSUE In accordance with ARPA guidelines, all remaining ARPA funding must be obligated no later than December 31, 2024, and fully expended by December 31, 2026. BACKGROUND On March 10, 2021, the American Rescue Plan Act (ARPA) was enacted, providing a $1.9 trillion relief package. This legislation allocated funds to various sectors including state and local aid, education, rental assistance, and transit. The City was allocated $5.68 million, with the first installment received in June 2021 and the second installment in July 2022. All funds must be expended or contractually committed by December 31, 2024. DISCUSSION The following table details the flow of ARPA funds over three years of council -approved expenditures. The unallocated funds are attributed to expenditures that have not fully utilized their budget allocation. Further recommendations for the allocation of these funds will be provided in due course. Total ARPA Grant (Beginning Balance) 5,682,598 2021 Actual Spent 817,307 2022 Actual Spent 1,894,357 2023 Actual Spent 1,217,920 2024Actual Spent 649,294 Remaining ARPA Funding $1,103,720 In accordance with US Treasury ARPA requirements, cities must contractually obligate all ARPA funds by December 31, 2024, and expend these funds by December 31, 2026. It is anticipated that council -approved allocations will fully utilize ARPA funds by the December 31, 2024, deadline. 85 Current 2024 ARPA is listed below by category: Category Code Enforcement Comm Dev Administration Community Events & Volunteers Community Service & Engagement Finance Department Gen Fund Capital Transfers Park Maintenance Permit Coordination Preschool Program Res Str-Admin Capital Res Str-Administration Res Str-Engineering Res Str-Roadway Str Maint-Administration Teen Programs Traffic Wellness & Enrichment Youth Programs Total Available ARPA Funding is $1,103,720. Amount 35,446 54,165 77 7,040 37,527 7,017 57,000 18,719 546 3,201 223,482 (155) 28,409 118,614 13,797 27,300 9,125 7,983 649,294 2024 Beginning Balance 1,753,014 2024 Budget 1,496,418 2024 YTD ARPA Spending 649,294 2024 Available ARPA Funding 1,103,720 ARPA funding is restricted and must fall under the following criteria: • Providing premium pay to essential workers • Investing in infrastructure like water, sewer, and broadband • Replacing lost public sector revenue • Supporting public health initiatives related to COVID-19 • Expanding access to broadband internet • Funding capital expenditures to address the negative economic impacts of the pandemic NEXT STEPS Based on current JL Key-Obj Inquiry ARPA reporting, approximately $649,294 of the 2024 budget has been spent. While future ARPA projects are pending, some formal contracts remain outstanding. To ensure full allocation of available ARPA funding, it is recommended that $1,103,720 be allocated to Public Safety. 2024 Beginning ARPABalance 2024 YID ARPASp ending Remaining ARPAFunding Public Safety Remaining ARPAFunding 1,753,014 (649,294) 1,103,720 (1,103, 720) 0 RECOMMENDATION Agree to move this forward for approval to the 12/16 Council Regular Meeting for approval. 86 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 12/16/2024 TC ITEM INFORMATION ITEM No. 7.A. STAFF SPONSOR: TC CROONE ORIGINAL AGENDA DATE: 12/16/24 AGENDA ITEM TITLE United Steelworkers Labor Agreement Contract 2025-2027 CATEGORY Discussion Mtg Date /1 Motion Mtg Date 12/16/24 El Resolution Mtg Date E Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY United Steelworkers Labor Agreement Contract 2025-2027 REVIEWED BY Trans&Infrastructure Svcs LTAC DATE: N/A Community Svcs/Safety [J Finance & Governance [J Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONsoR/ADMIN. Human Resources COMM 1'1EE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/16 MTG. DATE ATTACHMENTS 12/16 Informational memorandum 2025-2027 United Steelworkers Collective Bargaining Agreement 87 88 Thomas McLeod Administrative Services. ept., Human Resources - TC Croone, Chief People Officer INFORMATIONAL MEMORANDUM To: City Council From: TC Croone, Deputy Director of Administrative Services and Chief CC: People Officer Mayor Thomas McLeod Date: December 3, 2024 Subjec United Steelworkers Labor Agreement 2025-2027 ISSUE Consideration and approval of the United Steelworkers labor agreements for 2025-2027 BACKGROUND The current labor agreements with United Steelworkers will expire on December 31, 2024. The City and the Union have reached agreement for 2025-2027. DISCUSSION The City and the Union have agreed to a wage increase equal to 100% CPI-W for 2025 (January to December) with a 2% minimum and 5% maximum, 100% CPI-W for 2026 (January to December) with a 2% minimum and 5% maximum, and 100% CPI-W (January to December) with a 2% minimum and 5% maximum. The contract has been voted on and passed by the Union membership. RECOMMENDATION The Council is being asked to consider and approve the Labor Agreement at the December 16, 2024 regular meeting. ATTACHMENT United Steelworkers Labor Agreement 2025-2027 M ayor Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 89 90 City of Tukwila - USW (2025-2027) FINAL TUKWILA POLICE NON-COMMISSIONED LABOR AGREEMENT between the CITY OF TUKWILA and UNITED STEELWORKERS ON BEHALF OF LOCAL 9241 Effective January 1, 2025 -December 31, 2027 FG: 103150550.2 91 City of Tukwila - USW (2025-2027) TUKWILA POLICE NON-COMMISSIONED AGREEMENT by and between THE CITY OF TUKWILA and UNITED STEELWORKERS ON BEHALF OF LOCAL 9241 Table of Contents [TO BE UPDATED] TABLE OF CONTENTS Error! Bookmark not defined. PREAMBLE 3 ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 3 ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION 4 ARTICLE 3 - WORKING OUT OF CLASSIFICATION 5 ARTICLE 4- HOURS OF WORK 5 ARTICLE 5 - SALARIES 12 ARTICLE 6 - DEPARTMENT WORK RULES 13 ARTICLE 7 - CLOTHING ALLOWANCE 14 ARTICLE 8 - SICK LEAVE 17 ARTICLE 9 - HOLIDAYS 18 ARTICLE 10 - EDUCATION ALLOWANCE AND LONGEVITY PAY 20 ARTICLE 11 - DEFINITIONS 21 ARTICLE 12 - VACATIONS 21 ARTICLE 13 - PENSIONS 23 ARTICLE 14 - INSURANCE 23 ARTICLE 15 - DISCIPLINARY PROCEDURES 24 ARTICLE 16 - MANAGEMENT RIGHTS 26 ARTICLE 17- GRIEVANCE PROCEDURE 28 ARTICLE 18 - NO STRIKE AND NO LOCKOUT 30 ARTICLE 19 - LEAVES 31 ARTICLE 20 - SAVINGS CLAUSE 32 ARTICLE 21 - ENTIRE AGREEMENT 32 ARTICLE 23 DURATION OF AGREEMENT 33 SCHEDULE "A" -WAGE SCHEDULES 35 FG: 103150550.2 92 City of Tukwila - USW (2025-2027) PREAMBLE This mutual agreement has been entered into by the United Steelworkers, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, for and on behalf of Local 9241 (hereinafter referred to as "United Steelworkers" or "Union"), and the City of Tukwila (hereinafter referred to as "City" or "Employer"). The purpose of this Agreement is the promotion of harmonious relations between the Union and the City; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of rates of pay, hours of work, and other terms and conditions of employment. ARTICLE 1- RECOGNITION AND BARGAINING UNIT SECTION 1. The City of Tukwila recognizes the United Steelworkers, AFL-CIO on behalf of its members in Local Union 9241, as the exclusive bargaining representative of the Police Department for all employees in positions listed in the Wage Schedule A; provided that neither party waives its right to petition the Public Employment Relations commission to add to or delete from the above list in accordance with established time frames and procedures. SECTION 2. There shall be no more than two (2) Union representatives designated to act on behalf of members with regard to day-to-day administration of the Agreement. For the purposes of negotiations with the Employer, the number of official representatives of the Union shall be limited to three employees and one alternate, plus representatives of the international union. SECTION 3. Union Business The Employer shall afford a Union officer (shop steward) who is an employee in the bargaining unit a reasonable amount of time to meet with appropriate administrator(s) and/or employee(s) with respect to the interpretation or application of this Agreement; provided: The Union officer shall give at least forty eight (48) hours' notice to the Chief of Police or designee prior to such meeting; the Union officer indicates the general purpose of the meeting, i.e. issue to be discussed; the Employer is able to properly staff the employee(s) job duties during the time period; the wage cost to the Employer is no greater than the cost that would have been incurred had the Union officer not taken the time; the Union official shall not transact such business while working on shift which in any way interferes with the operation of the normal routine of City business. FG: 103150550.2 93 City of Tukwila - USW (2025-2027) Employees who are subpoenaed to appear as a fact witness during a Civil Service Hearing, PERC hearing or labor mediation may be allowed to attend without loss of pay, only during their testimony and only if travel out of the City is not involved. Otherwise, the employee 's time off shall be charged to vacation or comp time. Union officers may be granted unpaid leave for the purpose of attending union conventions or seminars, provided that such request is made to the Employer with at least seven (7) days written notice and that compliance with items 2 through 5 above shall be secured by the Union officer. For the purposes of Union business, the Union will notify the Employer in writing at least annually as to its Union officer(s): name(s), address(es), and phone number(s). ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION SECTION 1. It is the continuing policy and recognized obligation of the City and the Union that the provisions of this Agreement shall be applied uniformly as required by federal and state employment laws that prohibit discrimination. Any employee complaints of discrimination must be reported in accordance with the City's Personnel Policies and Procedures and shall be excluded from the arbitration step grievance procedure in Article 17. Nothing in this clause shall restrict the Union from providing internal, Union sponsored benefits to Union members only. SECTION 2. Subject to the terms of this Agreement, no more than two (2) official representatives of the bargaining at any one time shall be given time off with pay to attend negotiation sessions with the Employer during working hours, provided reasonable notification is given and the time is mutually agreed upon. The Employer retains the right to restrict such release time when an emergency exists, or such release would create a danger to public safety. SECTION 3. The following procedure shall be followed in the deduction of dues and initiation fees for members of Local 9241 of the United Steelworkers. The employer agrees to the deduction of monthly dues and initiation fees as designated by the International Treasurer for those employees in the Unit who elect to become members of the Union and who request in writing to have their regular monthly Union dues checked off on the basis of individually signed voluntary check -off authorization cards. FG: 103150550.2 94 City of Tukwila - USW (2025-2027) A copy of said deductions shall be forwarded to the Financial Secretary of the United Steelworkers Local #9241. Each month, the Employer shall remit to the International Treasurer of the United Steelworkers, at the address which they authorize for this purpose, all dues and fees deducted together with a list of employees and the amount deducted from each employee. The City shall afford the Union thirty (30) minutes of time with new hires during the City's new hire orientation. The City shall also provide written notice to the Union of all new hires at the time of hire. Such written notice shall include their job classifications and date of hire. The Union agrees to indemnify, defend and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article, unless caused by the negligence of the Employer. ARTICLE 3 - WORKING OUT OF CLASSIFICATION Should any employee be required to act as supervisor, the employee shall be paid a premium of five percent (5%) of the employee's base rate of pay while so acting. It is understood that assignments of supervisory duty will be made by the Chief of Police or their designee. When assigned to perform evidence technician responsibilities during the absence of the evidence technician, or as an alternate when the evidence technician is on duty as designated by the Chief of Police or their designee, the employee shall be placed in the salary range of the evidence technician position providing for not less than 5% increase above their current base rate of pay. ARTICLE 4 - HOURS OF WORK SECTION 1. This Article is intended to define the normal hours of work, to provide the basis for calculation of overtime, and set forth the policy on compensatory time. Compensation shall not be paid more than once for the same hours under any provision of the Agreement. FG: 103150550.2 95 City of Tukwila - USW (2025-2027) SECTION 2. Hours of Work. The working hours for members affected by this Agreement shall be the equivalent of forty hours (40) per week on an annualized basis, inclusive of meal and rest periods. The normal schedule for employees shall be five (5) days worked and two (2) consecutive days off during a seven (7) day period, except in the event of an unusual occurrence, civil disorder or national disaster. The normal working hours for members of the bargaining unit assigned to part-time position(s) shall be twenty (20) hours per week on an annualized basis, inclusive of meal and rest periods. The normal work schedule for part-time employees shall be established by the Employer. Full-time employees covered by this agreement may work alternative work schedules with mutual agreement between the employee and the Employer, provided the Employer may reassign the employee to the normal 5/2 work schedule at any time. SECTION 3. Overtime. Except as otherwise provided in this Article, employees on a five (5) day schedule shall be paid at the rate of time and one-half (1.5) for the first four (4) hours in excess of eight (8) hours worked and beginning during the fifth (5th) hour in excess of eight (8) hours worked at the rate of two (2) times their normal pay rate in one (1) day, exclusive of lunch period. Thereafter, additional hours worked shall be at the rate of two (2) times their regular rate of pay, in one (1) work day, inclusive of lunch period. Only one such payment shall be made for the same hours of work.1 There shall be no pyramiding of overtime. Call Back. In the event that overtime is not an extension of a normal shift, the minimum payment shall be for four (4) hours at the one and one-half (1.5) time rate. Overtime for Court Appearance. In the event that court appearances are required outside of regularly scheduled hours, the Employer shall attempt to schedule such appearances on regularly scheduled days rather than on furlough days. Such appearances outside of regularly scheduled hours which are not an extension of a normal shift shall be compensated for a minimum of three (3) hours at the employee's time and one-half (1.5) rate. SECTION 4. Standby. The Employer and the Union agree that the use of standby time shall be minimized consistent with sound law enforcement practices and the maintenance of public safety. Standby assignments shall be for a fixed, pre -determined period of time not to exceed eight (8) hours. Employees formally placed on standby status shall be compensated on the basis 1 Those employees assigned to 4-10's have three consecutive days off but 5-8's remains the normal schedule. FG: 103150550.2 96 City of Tukwila - USW (2025-2027) of four (4) hours straight pay for eight (8) hours of standby or fraction thereof. If the employee is actually called back to work, normal overtime rules shall apply. Compensation for standby shall not be paid in addition to overtime minimum pay. SECTION 5. Compensatory Time. Compensatory time is defined as time off granted an employee as compensation for hours worked in addition to the employee's regularly scheduled workday or workweek. It is the responsibility of the employee to request compensatory time in lieu of overtime if so desired. The Employer shall have discretion to determine whether compensatory time is to be granted to the employee when compensatory time is requested by the employee in lieu of overtime. The granting of compensatory time in lieu of overtime will be at the rate of one and one- half (1.5) for each overtime hour worked up to the 12th hour of continuous work. Beginning at the 13th hour of continuous work the granting of compensatory time in lieu of overtime will be at the rate of two (2) for each overtime hour worked. Individual accrual of compensatory time in lieu of overtime shall not exceed eighty (80) hours. SECTION 6. Contacts Outside of Scheduled Work Hours. The designated first contact with an employee outside of scheduled work hours will be as assigned by the Chief of Police, or the Chiefs designee. If there is a need to make such off -duty contact, the employee shall be paid a minimum of fifteen (15) minutes for actual time required to handle Employer business, and thereafter, in fifteen (15) minute increments. If a callback to duty is required, compensation shall be governed by Section 3.A. above. The minimum of fifteen (15) minutes will be paid at the overtime rate and if a call-back to duty is required, the fifteen (15) minutes of overtime shall be included in the compensation paid at the overtime rate under Section 3.A. SECTION 7. Rest and Meal Periods. Employees shall receive a rest period of not less than fifteen (15) minutes, on the City's time, for each four (4) hour work period. Rest periods shall be scheduled as near as possible to the midpoint of each four (4) hour work period. No employee shall be required to work more than three (3) hours without a rest period. If an employee is unable to take their fifteen (15) minute rest break, due to lack of relief, the City shall, at the Employee's request and option, grant compensatory time, or straight -time pay unless overtime pay is required by law. FG: 103150550.2 97 City of Tukwila - USW (2025-2027) The City shall provide each employee with one half (1/2) hour for a meal period for all shifts longer than five hours. Schedules shall be inclusive of the meal period. Due to the nature of the work, the parties agree that the meal period shall commence before hour seven (7) of a shift and agree that employees may work more than five hours without a meal period. To the extent the above provisions vary from Labor & Industry meal and rest break rules, the parties intend for the terms of this Agreement to specifically vary from and/or supersede them pursuant to RCW 49.12.187. Members assigned 10-hour shifts will be allowed to take meal or rest breaks, duties permitting, as one 30-minute meal break and two fifteen -minute rest periods. Breaks may be combined; however, the City retains its management rights to address performance issues and deny the combining of breaks at the discretion of the Chief or their designee. While on either meal or rest breaks, members may be subject to calls for service. SECTION 8. In the event the Mayor closes all or part of City facilities or operations in the case of emergency or for safety reasons, essential employees defined as employees assigned to positions that provide 24-hour, 7 day a week coverage will continue to maintain their normal work schedule, unless specifically released from duty by the Chief of Police or their designee. SECTION 9. Employees assigned to an alternative schedule shall be paid at the rate of time and one-half (1.5) their regular rate of pay for hours worked in excess of their regularly assigned schedule, provided at the beginning of the 13th hour of continuous work, the employee shall be paid at the rate of two (2) times their regular rate of pay. SECTION 10. - Shift Assignment Based on Seniority Definitions: "Seniority" shall be established based on each regular employee's most recent date of hire as a Records Specialist. Employees hired on the same day shall be ranked by their placement on the Civil Service eligibility list. "Probationary Employee" is an employee who has not yet completed their probation. This includes any Employee whose probation has been extended due to performance issues or FG: 103150550.2 98 City of Tukwila - USW (2025-2027) missed work. Probationary Employees will not participate in the shift bidding process but will be assigned to a shift by the Records Supervisor. "Shift Assignment Period" There shall be three shift assignment periods per calendar year. They will be February 1st through May 31st, June 1st through September 30th and October 1st through January 31st. "Seniority Bid" The assignment of shifts for the periods beginning on June 1st and on October 1st of each year shall be based on the seniority of each Employee, with preference given to those with the most seniority. "Reverse Bid" The assignment of shifts for the period beginning on February 1st of each year shall be based on the seniority of each Employee, with preference given to those with the least seniority. "Shift Assignment Responsibility" The Records Supervisor will be responsible for managing the shift bidding and assignment procedure, under the direction of the Police Records Manager. Bidding Procedure: The time frame for shift bidding for an upcoming cycle shall be determined and announce by the City and allow for sufficient lead time to accommodate training demands, employee vacation and personal commitment planning, and budgetary considerations. It is generally agreed that new Shift Assignments should be posted one month prior to the transition to the new Shift Assignment Period. The Records Supervisor will advise all Employees of the date that the bid process will open for the upcoming Shift Assignment Period and will prepare a list of open shifts. During the Seniority Bid terms, the Records Specialist with the most seniority will have first choice of the available shifts and will indicate their shift bid by signing their name in the open slot. The process of bidding will continue, by seniority, until the Records Specialist with the least seniority makes their selection. During the Reverse Bid term, the Records Specialist with the least seniority will start the bidding process. The process of bidding will continue, by reverse seniority, until the Records Specialist with the most seniority makes their selection. FG: 103150550.2 99 City of Tukwila - USW (2025-2027) Shift bids will be made in writing on a department approved shift list. Shift bidding by proxy will be allowed as long as the bidding employee has submitted in advance, a signed memo to the Records Supervisor listing their bid preference in order. Each Employee is responsible for submitting their shift bid within the designated time frame. Late submissions will not be honored, and any employee who does not submit their bid within the assigned time frame will be assigned a shift. Eligibility for shift bidding will be limited to Employees assigned, or who have been notified that they will be assigned to the front office at the beginning of the Shift Assignment Period. Probationary Employees are excluded from shift bidding. Mutually agreed upon shift assignment exchanges are disruptive to the unit. Any two Employees who negotiate a mutually agreed upon exchange in their shift assignments may do so with the approval of the Police Records Manager, as long as no other Employee was displaced from their shift bid preference by either of the Employees who wish to exchange shifts. Voluntary shift exchanges shall not result in any adverse scheduling, shift coverage, or overtime. Assignment of Shifts: The Records Supervisor will identify the shift assignments for each eligible Employee, based on bidding preference and seniority. The Police Records Manager will review and approve the assignments prior to final posting. Management Assignment Rights: Pursuant to Article 16, Section 4, the movement of Employees may be necessary due to the reassignment of Employees to and from other assignments, unexpected absences of significant duration, and/or for purposes of resolving operational or administrative concerns. Should a position vacancy occur, the City will determine which shift, if any will remain unfilled. The Records Supervisor may, at management discretion, be exempt from the shift bid, due to their administrative responsibilities. Employees who are assigned to the Front Office after the close of shift bidding will be assigned to shifts at the discretion of the City. The City maintains the management right to shift assignment for Probationary Employees. This includes the possibility that a non -probationary Employee may not be assigned to a shift of their preference, which is filled instead by a Probationary Employee. FG: 103150550.2 100 City of Tukwila - USW (2025-2027) The City shall have the discretion to reassign an Employee to another shift assignment when, in the judgment of the City, the Employee's conduct, performance, productivity and/or needed supervision dictate such assignment is in the best interests of the Tukwila Police Department. Involuntary movement shall not occur without cause and shall be subject to the grievance process. The City maintains the right to assign an Employee to a specific shift or one of several specific shifts in order to comply with current labor law to make a reasonable accommodation under the American with Disabilities Act (ADA). Nothing in the Agreement shall limit the City's Management Rights as spelled out in Article 16 of the current labor contract. The City retains the right to determine a schedule that will provide an adequate and efficient work force at all times. Exemptions for Emergencies: Pursuant to Article 16, Section 5, during the time of emergency, unusual occurrences, civil disorder or natural disaster, the provisions of this Agreement may be suspended by the City, and Employees may be assigned to duty without regard to Seniority. Seniority provisions will be restored as soon as reasonably possible. SECTION 11. Training. The City may adjust an employee's hours and regularly scheduled days off to accommodate training of twenty-four (24) hours or more in a one -week period, subject to the notice requirements in this section. The intent of this shift adjustment is to allow employees to participate in training and to better manage the cost of overtime. For trainings of less than twenty-four (24) hours, the City may only adjust an employee's hours and regularly scheduled day off if mutually agreed upon between the City and the employee in order to reduce overtime and afford the ability for the employee to attend requested training. The City is required to provide the employee and Union with written notice of a shift adjustment at least seven (7) calendar days before the adjustment for training is to occur, unless the notice requirement is waived in writing by the Union. The City is limited to making only three (3) such adjustments per calendar year per employee and each adjustment may not last more than one (1) calendar week unless agreed upon between the employer and the employee. Employees whose schedules are adjusted to attend training courses or conferences will be paid at time -and -one-half their regular rate of pay for any hours worked in excess of eight (8) hours FG: 103150550.2 101 City of Tukwila - USW (2025-2027) per day, and double time of their regular rate of pay for any hours worked in excess of twelve (12) hours per day. If the training hours are less than the employee's scheduled shift, the employee has the option to return to work, work remotely, or take leave for the remainder of that shift. Employees should discuss remote work opportunities in advance with their supervisor, if choosing this option. If training, travel and regularly scheduled work days exceed seven (7) consecutive days, the employee can trade the day before and/or the day after travel and training to decrease the number of consecutive days, with supervisory approval. Traded days and training days would be paid at straight time and must be taken during the impacted work weeks (Sunday- Saturday).SECTION 12. Rest Between Shifts. There shall be a ten (10) consecutive hour rest period (admin time) between the time the employee is off work until the start of their next shift. In the event that there is less than ten (10) consecutive hours off between shifts, the employee will be paid at their regular straight time rate for all hours they were scheduled and will report to work for the remainder of the shift following the rest period. The employee will not have their shift extended as a result of this paragraph. Employees must notify Department Supervision when they are going to take a mandatory 10-hour rest period. ARTICLE 5 - SALARIES SECTION 1. The Employer agrees to maintain salaries during the term of this Agreement as set forth in Schedule A. Effective January 1, 2025, or the first full pay period following ratification, whichever is later, a percentage wage increase of 100% of the Seattle -Tacoma -Bellevue CPI-W (June to June) shall be added to the base wage schedule, with a two percent (2%) minimum and a five percent (5%) maximum.. Effective January 1, 2026, All members of the bargaining unit shall receive a cost -of -living adjustment equal to 100% of the Seattle -Tacoma -Bellevue CPI-W (June to June), with a two percent (2%) minimum and a five percent (5%) maximum. Effective January 1, 2027, All members of the bargaining unit shall receive a cost -of -living adjustment equal to 100% of the Seattle -Tacoma -Bellevue CPI-W (June to June), with a two percent (2%) minimum and a five percent (5%) maximum. FG: 103150550.2 102 City of Tukwila - USW (2025-2027) SECTION 2. This Agreement shall be opened for the purpose of negotiating salaries for new classifications affecting employees in the bargaining unit. Such salaries shall become effective upon the agreement of the parties. Nothing in this section shall preclude the Employer from establishing new positions or classifications. SECTION 3. A differential pay of two dollars ($2.00) per hour above an employee's regular pay scale shall be paid for all hours worked between the hours of 1700 - 0700 (5:00 p.m. to 7:00 a.m.). SECTION 4. Any member of the bargaining unit assigned by the Chief of Police, or their designee, the responsibility of training other Department personnel shall be paid a differential pay of five percent (5%) (above their regular pay scale) for the hours the employee is actually assigned by the Employer to train other Police Department personnel/staff as part of their training program, or other Police Department personnel/staff as part of their field training program. SECTION 5. Deferred Comp: The Employer will match up to $150 toward the employees' Deferred Comp contribution. SECTION 6. Reclassification Reviews: When a member requests a reclassification review, the Employer will have ninety (90) days to complete the request. Any wage adjustment will be retroactive to the date the wage review was submitted to HR. The Employer may request an extension of time upon mutual agreement with the Union. SECTION 7. Quartermaster Pay: If a USW member performs Quartermaster duties, they will be paid an additional 5% for the hours worked performing said duties. SECTION 8 Accreditation Pay: The accreditation pay shall be one percent (1%) of an employee's monthly base wage and shall be paid as long as the Department maintains its accreditation. ARTICLE 6 - DEPARTMENT WORK RULES FG: 103150550.2 103 City of Tukwila - USW (2025-2027) SECTION 1. Notification of Changes. The Employer agrees to notify the Union in advance of changes affecting working conditions of any employee covered by this Agreement and a conference in good faith shall be held thereon before such changes are placed in effect. SECTION 2. Work Rotation. The rotation of personnel between shifts shall be to provide an adequate and efficient workforce at all times, as determined by the Employer. SECTION 3. Personnel File. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of the information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court of administrative tribunal. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and employee, unless otherwise required by law. Nothing in this section shall prevent an employee from viewing their original personnel file in its entirety upon request. The Chief of Police, or their designee, and City Administrator shall have access to the individual personnel files in the normal course of their responsibilities. At the discretion of the Chief of Police, or their designee, file material shall be released to another law enforcement agency doing employment background upon proof of a signed release of the individual in question. Inspection of Papers. The application and examination papers of a certified eligible shall be available for inspection by the appointing authority, the Chief of Police and the affected employee. Such papers shall also be made available to the elected or appointed officers of the Union at the request of the affected employee. Employees shall have the right to review any and all items placed in their personnel file and shall have the right to request of the Chief of Police that any complaint to be withdrawn. In the event that such complaint is not withdrawn if such a request is made, the employee may invoke the provisions of Article 17. Except that no material shall be removed from the file during that period of time that the employee is specifically named in any civil litigation in their capacity as an employee which pre -dates or is relevant to the litigation. The Employer shall have the right to purge employee files from time to time as deemed necessary, with all purged items being returned to the employee for their own disposition. ARTICLE 7 - CLOTHING ALLOWANCE FG: 103150550.2 104 City of Tukwila - USW (2025-2027) SECTION 1. Uniformed Personnel shall receive a clothing allowance of $300.00 per year. Non -Uniformed personnel shall receive a clothing allowance of $400.00 per year. Each new employee will receive the full amount specified at the time of hire. During January of the year following hire, the new employee will receive a uniform allowance in a pro -rated amount. SECTION 2. The purpose of such allowance for Uniformed Personnel is to clean and/or repair any equipment or clothing required by the Employer that is not furnished by the Employer. The purpose of such allowance for Non -Uniformed Personnel is to purchase, clean and/or repair any Approved Business Attire. The allowance shall be paid once annually to each employee on January 31 of the new year and is subject to a pro -rated deduction from the final pay check in the event an employee does not serve the entire twelve (12) months for which such payment was made with the exception of an employee who retires or expires, in which event no deduction shall be made. SECTION 3. Uniforms shall be replaced on a quartermaster system, as needed and as approved by the Employer. The City shall issue and maintain, if required by the position, a uniform badge for each non- commissioned new hire employee, to be maintained by the employee. The City shall retain ownership of this item. SECTION 4. In the event that the Employer should change the clothing that is required by the Tukwila Police Department during the life of this Agreement, employees so affected by such changes shall be reimbursed for the entire cost of one (1) issue of such new clothing. Such reimbursement shall apply in the event that a change in clothing is required for a continuous and full-time purpose. During a transition period to new uniforms, the City and existing Union members shall work together on a suitable uniform for the employee(s). The parties agree that employees under a quartermaster system shall not be reimbursed for the cost of the uniform issued to the employee. SECTION 5. "One (1) issue" of new clothing shall be based on the clothing required for the position. Records Specialist 1 jacket (lightweight) and 1 jacket (heavy weight). The City will FG: 103150550.2 105 City of Tukwila - USW (2025-2027) determine the style and specifications. Therefore, the primary duty attire for each position covered by this Agreement is listed below: Uniformed Personnel Police Support Officer Evidence Technician Evidence Technician Lead Records Specialist Non -Uniformed Personnel - Approved Business Attire Police Administrative Specialist Police Administrative Assistant Community Engagement Coordinator Police Crime Analyst Victim Advocate "One (1) issue" of new clothing shall be defined as follows: Records Specialist 5 Long sleeve or 5 short sleeve shirts, or any combination thereof 4 pants 1 Lightweight Jacket 1 Heavyweight Jacket Police Support Officer 5 Long sleeve or 5 short sleeve shirts, or any combination thereof 1 Uniform jacket 3 Pants 1 Vest 2 Uniform ties of matching or coordinated color 1 Uniform Jumpsuit (upon successful completion of probation) Victim Advocate 1 Vest 1 Outer Carrier Evidence Technician & Evidence Technician Lead 1 Vest 1 Outer Carrier 5 Long sleeve or 5 short sleeve shirts, or any combination thereof FG: 103150550.2 106 City of Tukwila - USW (2025-2027) 3 Pants (long or short) 2 Jackets Police Information Analyst 1 Outer Carrier and Vest ARTICLE 8 - SICK LEAVE SECTION 1. Employees shall be entitled to and awarded twenty-four (24) hours of sick leave with pay upon date of employment with the Employer and, after the completion of the third (3rd) month of continuous service, shall receive an additional eight (8) hours of sick leave with pay per month up to a carryover of seven hundred twenty (720) hours. Sick leave may be used for any authorized purpose under RCW 49.46.210. SECTION 2. Separation of Employment. In the event an employee terminates their employment, or such employment is terminated for any reason whatsoever with the Employer prior to using their accumulated sick leave time, they shall be entitled to pay equal to twenty-five percent (25%) of the amount payable for any unused sick leave unless terminated during the probationary period. SECTION 3. Part -Time Employees. Sick leave benefits for regular part-time employees will be pro -rated, e.g., an employee regularly scheduled to work 30 hours per week will receive 75% of sick leave benefits by regular full-time employees, i.e., employees regularly scheduled to work 40 hours per week. SECTION 4. Employees who achieve and maintain a balance of 720 hours of sick leave, those hours earned above the carryover accrual of 720 hours (96 hours a calendar year) shall be cashed out at 25% of the total value and will be put into their individual HRA/VEBA plan account, at the employee's wage rate, each year of the duration of the labor agreement. The United Steelworkers Bargaining group members have elected by majority vote to make a monthly contribution of $100.00 per month ($50.00 per pay check) that will be payroll deducted from their wages.. It is agreed by both parties that the Plan design in its entirety shall be reviewed as needed, but no more frequently than every three years. FG: 103150550.2 107 City of Tukwila - USW (2025-2027) SECTION 5. Employees assigned to an alternative schedule shall accrue sick leave benefits at 8 hours per month. ARTICLE 9 - HOLIDAYS SECTION 1. Non -Essential employees as defined under Article 11 -Definitions, shall observe the legal holidays designated by the Employer as listed below in accordance with existing City policy. Holidays Listed. The following are established as holidays: January 1 Third Monday in January Third Monday in February Last Monday in May June 19 July 4 First Monday In September November 11 Fourth Thursday in November Fourth Friday in November December 25 Employee's choice New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas 2 Floating Holidays In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. Method of Payment: Unworked Holidays. Eligible employees shall receive the normal straight time pay for unworked holidays taken in addition to their scheduled days off, those designated by City ordinance, at their base rate in effect at the time the holidays occur, plus shift differential pay, if applicable. Unworked Holidays on Day Off. Employees shall receive eight hours holiday pay for unworked holidays which fall on a normally scheduled day off. FG: 103150550.2 108 City of Tukwila - USW (2025-2027) Worked Holidays. Employees who are required to work on holidays in accordance with existing City policy shall receive the pay due them for the above listed holiday plus time and one-half their base rate for all hours worked on such holiday, plus shift differential, if applicable. For purposes of computing holiday pay, employees shall be paid holiday pay for the shift that begins on the holiday. To qualify for overtime pay on holidays worked, employees covered by this Agreement must have been on the payroll prior to the holiday and on pay status the normal workday before and the normal workday after the holiday. Should a holiday occur while an employee is on vacation, the employee shall be allowed to take one extra day of vacation with pay in lieu of that holiday as such, subject to the Chief of Police, or their designee's approval. SECTION 2. Part -Time Employees. Holidays for regular part-time employees will be pro -rated, e.g., an employee regularly scheduled to work 30 hours per week will receive 75% of holiday benefits received by regular full-time employees, i.e., employees regularly scheduled to work 40 hours per week. SECTION 3. In order to set forth the holiday compensation for employees who work an alternative work schedule (e.g., 4/10 or 9/80), the following shall apply: Holidays -Regularly Scheduled Work Day: When a holiday is observed on the employee's regularly scheduled work day, and the employee is given the day off, the employee will be paid for eight (8) hours of Holiday Pay and use two hours of comp time or vacation time when working a 4-10 schedule. Holidays -Regularly Scheduled Day Off: When a holiday is observed on the employee's regularly scheduled day off, the employee shall be paid eight (8) hours of Holiday Straight Time. Holidays -Full Work Day: When a holiday is observed on the employee's regularly scheduled work day, and the employee works the entire shift, the employee shall be paid Holiday Overtime for all regular hours worked. Holidays -Partial Work Day: When a holiday is observed on the employee's regularly scheduled work day, and the employee works a partial day, the employee shall be paid Holiday Overtime for the hours worked and the remaining hours will be listed as Holiday Pay hours. FG: 103150550.2 109 City of Tukwila - USW (2025-2027) SECTION 4. Employees regularly scheduled for eight (8) hour shifts will receive eight (8) straight time hours as holiday pay. Employees regularly scheduled ten (10) hour shifts will receive ten (10) straight hours as holiday pay. Employees regularly scheduled nine (9) hour shifts will receive nine (9) straight hours as holiday pay. ARTICLE 10 - EDUCATION ALLOWANCE AND LONGEVITY PAY SECTION 1. Education Incentive Pay. Any employee who has completed one (1) year of service with the Tukwila Police Department and is holding an A.A. Degree or (2) years of college (ninety credit hours) toward a Bachelor's Degree in an approved field of study will be awarded an incentive pay allowance of 2% of the employee's base pay per month, which shall be adjusted by years of service with the City of Tukwila Police Department pursuant to the Education/Longevity Chart set forth in Appendix "A", Section 2. Any employee who has completed one (1) year of service with the Tukwila Police Department and is holding a B.S. or B.A. Degree in an approved field of study will be awarded an incentive pay allowance of 3% of the employee's base pay per month, which shall be adjusted by years of service with the City of Tukwila Police Department pursuant to the Education/Longevity Chart set forth in Appendix "A", Section 2. Any employee who has completed one (1) year of service with the Tukwila Police Department and is holding a M.S. or M.A. in an approved field of study will be awarded an incentive pay allowance of 4% of the employee's base pay per month, which shall be adjusted by years of service with the City of Tukwila Police Department pursuant to the Education/Longevity Chart set forth in Appendix "A", Section 2. Approved fields of study: Law Enforcement Sociology Psychology Public Administration Business Administration Political Science Other work -related fields of study subject to the approval of the Chief of Police. SECTION 2. Eligible employees must complete one (1) year of service with the Tukwila Police Department before becoming eligible for any educational allowance. FG: 103150550.2 110 City of Tukwila - USW (2025-2027) SECTION 3. In Service Training Agreements. Employees who are provided long- term training (in excess of four consecutive weeks) as a result of an assignment can be required, as a condition of assignment, to enter into a reimbursement agreement for costs of specialized training. Reimbursement would be computed based upon term of agreement which shall not exceed twenty-four (24) months (i.e., 1124th per month on a 24- month contract). Training costs will be estimated at the time the contract is presented. Actual repayment will be based on actual or estimated costs, whichever is lower. SECTION 4. Longevity Pay Allowance. For employees not participating in the Education Incentive Plan above, the following longevity pay is available as shown in Appendix "A", Section 2. After 5 years After 10 years After 15 years After 20 years After 25 years 2% per month 3% per month 4% per month 5% per month 6% per month ARTICLE 11- DEFINITIONS Essential employee shall be defined as an employee assigned to positions that provide 24-hour, 7 day a week coverage. Non -Essential employee shall be defined as employees assigned to other work schedules. ARTICLE 12 - VACATIONS SECTION 1. All employees will accrue vacation per pay period. Per pay period accruals will be based on the current total annual accrual amount divided by 24 pay periods, as illustrated in the following table: YEAR PAY PERIOD ACCRUAL (HOURS) ANNUAL ACCRUAL (HOURS) 0-6 Months 0.00 48 7-12 Months 4.00 48 2 4.00 96 3 5.00 120 4 5.00 120 5 5.00 120 6 5.34 128 FG: 103150550.2 111 City of Tukwila - USW (2025-2027) 7 5.34 128 8 5.67 136 9 6.00 144 10 6.34 152 11 6.67 160 12 7.00 168 13 7.34 176 14 7.67 184 15 8.00 192 SECTION 2. Annual vacation shall be subject to the following rules: A. The minimum vacation allowance to be taken by an employee shall be in one (1) hour increments, unless approved for an amount less than (1) hour. B. Vacations shall be granted at such times that are mutually agreeable to both the Employer and employee. C. Temporary or intermittent employees who leave the employment of the City and later are re-employed shall, for the purpose of this Article, commence their actual service with the date of re-employment. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. D. Maximum hours accumulation of vacation time shall not exceed that which is equal to two (2) years total at the highest eligible rate. E. On the death of an employee in active service, pay will be allowed for any vacation not taken prior to the death of such employee. SECTION 3. Any City of Tukwila employee that is hired for a position covered by this Agreement will transfer their previously accrued vacation balance to their new position. SECTION 4. Part -Time Employees. Vacation leave benefits for regular part-time employees will be pro -rated, e.g., an employee scheduled to work 30 hours per week will receive 75% of vacation leave benefits received of regular full-time employees, i.e., employees regularly scheduled for 40 hours per week. FG: 103150550.2 112 City of Tukwila - USW (2025-2027) ARTICLE 13 - PENSIONS Pension benefits shall be received in accordance with the Public Employees Retirement System (PERS) and the Public Safety Employees Retirement System (PSERS) as currently in effect. ARTICLE 14 - INSURANCE SECTION 1. Medical Insurance A. Medical Insurance - Except as otherwise provided in this Article, the Employer shall contribute the premiums necessary to purchase medical care insurance for all full-time employees and their dependents under the City of Tukwila's Self -Insured Medical Plan. (Note: AWC plan A no longer exists). The Employer will pay 100% cost for members, and 90% cost of member's dependents. B. Kaiser-Permanente - For employees who elect medical coverage through Kaiser- Permanente, the Employer shall pay up to the maximum dollar amount contribution of the Self -Insured Plan for employee and dependent coverage. Any premium amounts in excess of the Employer's contribution shall be paid by the employee through payroll deduction. Coverage under the Kaiser-Permanente Plan shall be as determined by Kaiser-Permanente. The Employer will pay 100% cost for members, and 90% cost of member's dependents. C. Premium Cost Increases. The Employer shall continue to pay the premium cost increases for medical coverage under the Self -Insured Medical Plan up to a maximum increase of eight percent (8%) as part of the economic package. In the event the monthly premiums increase more than the agreed upon maximum 8% percent in a year, the Employer or the Union have the right to reopen the Agreement to negotiate changes in the Self - Insured Medical Plan benefit levels so that the increase in premium costs does not exceed the maximum increase agreed upon for that year. D. The Union agrees to participate on the City of Tukwila Healthcare Committee, if constituted. The members of the Healthcare Committee shall meet with City management and shall discuss and negotiate among the voting members on recommendations to the City with regard to changes in the Self -Insured Medical Plan benefit levels so that the increase in premium costs do not exceed eight percent (8%). SECTION 2. Dental. Dental Coverage will be maintained for all employees and their dependents during the term of this Agreement under the City of Tukwila Self -Insured Dental Plan, or its replacement. All employees under this Agreement shall be required to participate. The cost for FG: 103150550.2 113 City of Tukwila - USW (2025-2027) such plan will be borne on the following basis: the Employer will contribute one hundred percent (100%) of the total premium for this coverage. (AWC WDS Plan A no longer exists) SECTION 3. Optical Plan. Examination and eyeglasses/contact lenses for all employees and dependents covered under this Agreement will be paid for by the Employer. The City shall provide coverage for eye examinations, vision, and optical care to regular full-time employees and their dependents at the rate of $250 per person, to a maximum of $500 per family unit, per year. SECTION 4. Life Insurance. The Employer shall pay one hundred percent (100%) of the total premiums of all life insurance of the benefits of the employee covered under this Agreement. The face value of said insurance policy shall be $25,000 and shall include $25,000 dismemberment clause. SECTION 5. Disability Insurance. The Employer will pay the premiums for the Long -Term Disability (LTD) benefits plan provided by the Employer for bargaining unit employees during the term of the Agreement. SECTION 6. The City retains the right to select all insurance carriers or to self -insure coverage as provided herein. SECTION 7. Part -Time Employees. Insurance benefits for regular part-time employees will be pro -rated, e.g., an employee regularly scheduled to work 30 hours per week will receive 75% of insurance benefits received by regular full-time employees, i.e., employees regularly scheduled to work 40 hours per week. SECTION 8. "Domestic partner". The City will extend dependent eligibility to an employee's domestic partner and their dependent children, under the City's medical plans (Self- Insured/Kaiser). The City will provide benefit coverage to a domestic partner of the same or opposite sex and dependent children on the same basis as provided to a spouse and dependent children. ARTICLE 15 - DISCIPLINARY PROCEDURES SECTION 1. The Employer retains the right to adopt rules for the operation of the Tukwila Police Department and the conduct of its employees, provided that such rules do not conflict with City FG: 103150550.2 114 City of Tukwila - USW (2025-2027) Ordinances, City and State Civil Service Rules and regulations as they exist or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend or discharge any employees subject to the provisions published as Administrative Policy, City Ordinances, City and State Civil Service Rules and Regulations as they exist, and the terms of this Agreement. SECTION 2. The following procedures shall apply to all employees during the complaint and disciplinary process. A "disciplinary interview" shall mean questioning by a person in authority over an employee when the interviewer either knows or reasonably should know that the questioning concerns a matter that could lead to suspension, demotion or termination, as opposed to routine inquiries. Every employee who becomes the subject of a disciplinary interview shall be advised, in writing, a minimum of 48 hours prior to the time of the interview: That they are suspected of misconduct that could be grounds for termination, suspension or demotion; That they have the right to Union representation during the interview; and The general scope of the interview including the nature of the investigation in sufficient detail. Any employee who becomes the subject of a criminal investigation may have legal Counsel present during all interviews. Nothing in this Agreement, however, shall be deemed a waiver of an employee's right to Union representation. A criminal investigation as used herein shall be interpreted as any action that could result in the filing of a criminal charge. In criminal matters, employees will either be ordered to answer questions or informed that they are not required to answer the Employer's questions as a condition of employment. Employees shall be informed, in writing, as to whether they are witnesses or suspects before any interview commences. The employee or Employer may request that a disciplinary interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request of the employee, the Employer shall provide an exact copy of any written statement the employee has made and a copy of the employee's taped/transcribed interview. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all disciplinary interviews, the employee FG: 103150550.2 115 City of Tukwila - USW (2025-2027) shall be afforded an opportunity and facilities to consult privately with an attorney of their own choosing, before being interviewed. Such opportunity to contact and consult privately with a private attorney shall not unduly delay the disciplinary interview. The employee shall be entitled to such reasonable intermissions, as they shall request for personal necessities, meals, telephone calls and rest periods. The employee may be represented by either a private attorney or the Union during the interview, but not both. All disciplinary interviews shall be limited in scope to activities, circumstances or events that pertain to the employee's conduct or acts that may form the factual basis for disciplinary action under one or more categories named above. The employee will not be threatened with dismissal or other disciplinary punishment in an attempt to obtain their resignation, nor shall they be subjected to abusive or offensive language or intimidation in any manner. No promises or rewards shall be made as an inducement to answer questions. No employee shall be required to unwillingly submit to a polygraph test. The investigation shall be completed in a reasonable amount of time in light of the circumstances and the discipline shall be imposed within a reasonable amount of time after the conclusion of the interview Should any section, sub -section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. ARTICLE 16 - MANAGEMENT RIGHTS SECTION 1. The Union recognizes the prerogatives of the Employer to operate and manage its affairs in accordance with its responsibilities and powers of authority. SECTION 2. The Employer has the right to schedule overtime work as required in a manner most advantageous to the Department and consistent with requirements of municipal employment and the public safety. SECTION 3. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. FG: 103150550.2 116 City of Tukwila - USW (2025-2027) SECTION 4. The Employer reserves the right to discharge or discipline an employee for just cause. The Employer reserves the right to lay off personnel for lack of work or funds, or for the occurrence of conditions beyond the control of the Employer, or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accordance with Article IV of this Agreement. Should the City decide that it is necessary to make changes in the normal work schedule (5/2, 4/10, 9/80), the City will submit the proposed change and reasons therefore to the local Union prior to the implementation of such change. The Union committee will not arbitrarily object to such change. In the event the City implements the schedule change over the objection of the Union committee and employees affected, the Union shall retain the right to submit its objections and reasons therefore to the Grievance Procedure, Article 17, as to the necessity for such change. SECTION 5. No polices or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City Officials as defined in the following: The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and the City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies and final determination of employee's compensation. The responsibility of the Civil Service Commission, as provided by ordinance, for establishing rules, certifying registers and the reviewing of appointments in the police service. The responsibility of the Chief of Police and their delegates governed by Ordinance, Civil Service rules and Departmental rules, and as provided for in this Agreement, as follows: To recruit, assign, provide training, transfer, or promote members to positions within the Department. To take disciplinary action against members for just cause. FG: 103150550.2 117 City of Tukwila - USW (2025-2027) To relieve members from duties because of lack of work, lack of funds or for disciplinary reasons. To determine methods, means, and personnel necessary for Tukwila Police Department operations. To control the Tukwila Police Department budget. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the Tukwila Police Department. Except as provided by this Article or elsewhere in this Agreement, the Union retains the right to bargain the impacts of management decisions on wages, hours and/or working conditions within the meaning of RCW 41.56. ARTICLE 17- GRIEVANCE PROCEDURE A "grievance" means a claim or dispute by an employee with respect to the interpretation or application of the provisions of this Agreement. It is specifically understood that any matters governed by Civil Service Rules or statutory provisions shall not be considered grievances and subject to the grievance procedure hereinafter set forth (except Union security provisions, which shall be governed by Article 20). Issues of interpretation or application of the provisions of this Agreement not appealable to the Civil Service Commission shall be processed through the grievance procedure and shall constitute a waiver of the right to address the same issue in any other forum. NOTE: For the purpose of this Article, "working days" refers to Monday through Friday, excluding holidays. Step 1: An employee or Union must present a grievance in sufficient detail as to identify the claim or dispute within(I0) working days of its alleged occurrence (or knowledge of the event giving rise to the grievance) to the employee's supervisor who shall attempt to resolve it within five (5) working days after it is presented to the Supervisor. If the supervisor is unable to resolve the grievance, the supervisor will provide a response in writing. Step 2: If the employee is not satisfied with the solution of their immediate supervisor, and elects to proceed forward, then the grievance committee shall present a written grievance to the Senior Manager within five (5) working days of receipt of the supervisor's written response. The grievance shall include section(s) of Agreement allegedly violated, facts of the case, and remedy sought. The Senior Manager shall attempt to resolve he grievance within five (5) working days after it is presented to him/her and will provide a written response. FG: 103150550.2 118 City of Tukwila - USW (2025-2027) Step 3: If the employee is not satisfied with the solution by the Senior Manager, the written grievance, along with all other pertinent materials, may be presented to the Police Chief or their designee by the Union President or their designee within then (10) working days. The Police Chief or their designee shall attempt to resolve the grievance within ten (10) working days after it is presented to them. Step 4: If the employee is not satisfied with the solution by the Chief of Police, the written grievance, along with all other pertinent materials, may be presented to the Mayor or their designee by the Union President or their designee within ten (10) working days. Within ten (10) working days of said notice, the USW Staff Representative, or their designee, and the Mayor or designee shall schedule a meeting to discuss and attempt to resolve the grievance. The Mayor or their designee shall attempt to the USW Staff Representative within ten (10) working days of said meeting. Step 5: If the grievance is not resolved by the Mayor, or their designee, and the Union desires to proceed further, the grievance shall be referred to arbitration. In any case, the Union shall notify the City, in writing, within fifteen (15) working days after receiving the Mayor's answer whether the Union desires to proceed further. Any appeal of a grievance to arbitration not made in writing by the Union within fifteen (15) working days after the Mayor's, or their designee's answer shall be considered resolved. Step 6: In the event that arbitration is invoked, and if within five (5) calendar days the Employer and the Union cannot mutually agree upon an arbitrator, then the parties will request a list of eleven (11) arbitrators from FMCS and each party shall strike from that list one (1) name until there is only one (1) name remaining on the list, and this individual shall constitute the arbitrator. It shall be the function of the arbitrator to hold a hearing at which the parties may submit their cases concerning the grievance. The arbitrator shall render their decision based on the interpretation and application of the provisions of the Agreement within thirty (30) calendar days after such hearing. The decision shall be in writing together with specific facts. The decision shall be final and binding upon the parties to the grievance. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the provisions of this Agreement. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator's decision shall be final and binding upon the parties to the grievance. The City, the Union and any bargaining unit member shall not have a right to bypass the arbitration provisions of this Agreement and resort to litigation or any other forum to appeal a grievance based on rights under this Agreement. FG: 103150550.2 119 City of Tukwila - USW (2025-2027) Expenses incurred by the arbitrator shall be paid equally by both parties. Otherwise, each party shall be responsible for paying any costs of presenting its own case, including attorneys' fees and witnesses. Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or change any of the present provisions of this Agreement. The City of Tukwila and the Union agree that employment shall be consistent with applicable State and Federal laws regarding discrimination. If a grievance is not presented by the employee or the Union within the time limits set forth above, it shall be considered "waived" and not be further pursued by the employee or the Union. Time limits may be extended by mutual agreement of both parties. The party requiring additional time shall specify in writing the extension period needed. If a grievance is not appealed to the next step within the specific time limit or any agreed upon extension thereof, it shall be considered settled on the basis of the City's last answer. If the City does not answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee and/or Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The term "employee" for the purpose of this Article may mean the employee accompanied by their Union representative if they so desire. Litigation or any other contest of any subject matter involving an employee or the Union in any court or other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. ARTICLE 18 - NO STRIKE AND NO LOCKOUT SECTION 1. No Strike. During the life of this Agreement, neither the Union nor any officer, agent, or employee will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, or "sick- outs." SECTION 2. No Lockout. During the term of this Agreement, the City will not instigate a lockout over a dispute with the Union so long as there is no breach of Section 1. FG: 103150550.2 120 City of Tukwila - USW (2025-2027) SECTION 3. Union Official Responsibility. Each employee who holds the position of officer or steward or committeeman of the local Union occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In the event of a violation of Section 1 of this Article, the Union agrees to inform its members of their obligations under this Agreement, and to direct them to return to work. ARTICLE 19 - LEAVES SECTION 1. Discretionary Leaves. The City may, at its sole discretion, grant a leave of absence under this subsection, except for illness, injury, or pregnancy, to any bargaining unit employee for good and sufficient reason. The City shall, at its sole discretion, set the terms and conditions of the leave, including whether or not the leave is to be with pay. SECTION 2. Military Leave. Military leave shall be granted in accordance with applicable law. SECTION 3. Jury Leave. Full-time employees covered by this Agreement who are required to serve on a jury shall sign their jury duty checks over to the City. The City shall compensate such employees at their regular rate of pay, for each hour actually spent on jury duty up to the number of hours regularly scheduled on that work day. SECTION 4. Bereavement Leave. An employee who has a member of his/her immediate family taken by death or who has been notified by a physician in attendance of imminent death may request to use up to fifty-six hours of leave of absence with pay. The employee will give as much notice as possible in proximity to the event. Immediate family shall be defined as: spouse, registered domestic partner, mother, father, mother- in-law, father -in law, children (including registered domestic partner's children in compliance with City Policy & Procedure #02-02-14), brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, and grandchildren and any person acting in the capacity of a parent to the employee as a child (applying "in loco parentis" doctrine). SECTION 5. Employment Elsewhere. A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self-employment without the expressed written consent of the Chief of Police. FG: 103150550.2 121 City of Tukwila - USW (2025-2027) SECTION 6. Part -Time Employees. Leaves benefits for regular part-time employees will be pro- rated, e.g., an employee regularly scheduled to work 30 hours per week will receive 75% of leaves benefits received by regular full-time employees, i.e., employees regularly scheduled to work 40 hours per week. ARTICLE 20 - SAVINGS CLAUSE SECTION 1. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the reminder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutual satisfactory replacement of such article. SECTION 2. If any provisions of this Agreement are found by a court of competent jurisdiction to be in conflict with current Civil Service Rules and regulations, the letter shall prevail except in Union security provisions, in which case, the provisions of Article 20 shall prevail. The Employer agrees that in the event that any provision of Civil Service Rules and Regulations are suspended, abolished or modified, collective bargaining shall proceed immediately with respect to any items what as a result of such change may come within the discretion of the Employer, and the results of such bargaining shall be made a part of this Agreement. ARTICLE 21- ENTIRE AGREEMENT SECTION 1. The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statements, customs or past practices that have not been adopted in writing and agreed upon shall add to or supersede any of its provisions. SECTION 2. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to FG: 103150550.2 122 City of Tukwila - USW (2025-2027) oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 23 DURATION OF AGREEMENT Unless otherwise provided herein, this Agreement shall become effective January 1, 2025. It shall remain in force until December 31, 2027. When there is a conflict between any collective bargaining agreement reached by an employer and a bargaining representative on a Union security provision and any charter, ordinance, rule or regulation adopted by the public employer or its agents, including but not limited to a civil service commission, the terms of the collective bargaining Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have set their hands. Approved this FOR THE EMPLOYER CITY OF TUKWILA day of , 2024. Thom FOR THE UNION United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, on behalf of Local 9241-04 as McLeod, Mayor Leo W. Gerard, International President Stanley Johnson, Intl Secretary/Treasurer Thomas M Conway, International Vice President (Administration) Fred Redmond, International Vice President (Human Affairs) FG: 103150550.2 123 City of Tukwila - USW (2025-2027) Gaylan Z. Prescott, Director, District 12 Ron Espinoza, Sub -District Director Ryan M. Meyhoff, Staff Representative Jonathan Long, Unit -Chair — Local 9241 FG: 103150550.2 124 City of Tukwila - USW (2025-2027) SCHEDULE "A" -WAGE SCHEDULES [TO BE UPDATED, INCLUDING TITLE UPDATES] POLICE NON-COMMISSIONED AGREEMENT UNITED STEELWORKERS AND THE CITY OF TUKWILA SECTION 2.1 - 2025 Wages January 1, 2025: A percentage wage increase of 100% of the Seattle -Tacoma -Bellevue CPI-W (June to June) shall be added to the base wage schedule, with a two percent (2%) minimum and a five percent (5%) maximum. Wage Steps 2025 Hourly Records/Probation 00-12 mo 5438 31.37 Records Specialist III 13-24 mo 5701 32.89 Records Specialist II 25-36 mo 5984 34.52 Records Specialist I 37-48 mo 6274 36.20 Records Specialist 49+ mo 6726 38.80 Lead Records/Probation 00-12 mo 6008 34.66 Lead Records Specialist III 13-24 mo 6304 36.37 Lead Records Specialist II 25-36 mo 6618 38.18 Lead Records Specialist I 37-48 mo 6940 40.04 Lead Records Specialist 49+ mo 7425 42.84 Police Support Officer/Probation 00-12 mo 6831 39.41 PSO III 13-24 mo 7179 41.42 PSO II 25-36 mo 7537 43.48 PSO I 37-48 mo 7913 45.65 PSO 49+ mo 8116 46.82 Evidence Tech/Probation 00-12 mo 6319 36.46 Evid Tech III 13-24 mo 6640 38.31 Evid Tech II 25-36 mo 6970 40.21 Evid Tech I 37-48 mo 7317 42.21 Evid Tech 49+ mo 7595 43.82 Community Policing/Probation 00-12 mo 8107 46.77 FG: 103150550.2 125 City of Tukwila - USW (2025-2027) CPC III 13-24 mo 8509 49.09 CPC II 25-36 mo 8933 51.54 CPC I 37+ mo 9381 54.12 Police Information Analyst/Probation 00-12 mo 7163 41.33 PIA III 13-24 mo 7361 42.47 PIA II 25-36 mo 7898 45.57 PIA I 37+ mo 8804 50.79 DV Advocate/Probation 00-12 mo 6379 36.80 DV Advocate III 13-24 mo 6698 38.64 DV Advocate II 25-36 mo 7034 40.58 DV Advocate I 37-48 mo 7385 42.61 DV Advocate 49+ mo 7919 45.69 Support Ops Admin Specialist/Probation 00-12 mo 6010 34.67 SOAS III 13-24 mo 6310 36.40 SOAS II 25-36 mo 6627 38.23 SOAS I 37-48 mo 6956 40.13 SOAS 49+ mo 7305 42.15 Patrol Admin Assistant 00-12 mo 5505 31.76 PAA III 13-24 mo 5780 33.35 PAA II 25-36 mo 6069 35.01 PAA I 37-48 mo 6372 36.76 PAA 49+ mo 6733 38.84 Evidence Tech Lead/Probation 00-12 mo 6717 38.75 ETL III 13-24 mo 7053 40.69 ETL II 25-36 mo 7405 42.72 ETL I 37-48 mo 7775 44.86 ETL 49+ mo 8319 48.00 FG: 103150550.2 126 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 12/16/24 BJM ITEM INFORMATION ITEM No. 7.B. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 12/16/24 AGENDA ITEM TITLE Funding Reimbursement for Olympic Heritage Hospital. CATEGORY Discussion Mtg Date /1 Motion Mtg Date 12/16/24 El Resolution Mtg Date E Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY In 2023 DSHS began operating the Olympic Hospital on Military Road S. in Tukwila. The facility provides limited bed space for people under mental health care with the State of Washington. Patients are typically transferred from Western State Hospital in Lakewood, Washington. DSHS is proposing to provide the City a total of $213,090 for a two year agreement starting from January 1, 2024 through December 31, 2025. It's likely that the contract will be extended in future years. REVIEWED BY Trans&Infrastructure Svcs LTAC DATE: N/A Community Svcs/Safety [J Finance & Governance [J Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Approve. COMM 1'1EE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 12/16/24 MTG. DATE ATTACHMENTS 12/16/24 DRAFT Interlocal Agreement. 127 128 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Brandon Miles, Mayor's Office CC: Thomas McLeod DATE: December 9, 2024 SUBJECT: Funding Reimbursement for Olympic Heritage Hospital ISSUE Interlocal Agreement with Washington State Department of Social Services and Health Services (DSHS) to compensate the City for police services at and near the Olympic Heritage Behavior Health Hospital (Olympic Hospital) on Military Road S. BACKGROUND In 2023 DSHS began operating the Olympic Hospital on Military Road S. in Tukwila. The facility provides limited bed space for people under mental health care with the State of Washington. Patients are typically transferred from Western State Hospital in Lakewood, Washington. The patients are not under criminal hold or "in custody." Realizing such facilities could impact local law enforcement and emergency responders, DSHS execute service agreements with impacted agencies for provide funding to offset a portion of the costs. Contracts are in place with the City of Lakewood and Town of Medical Lake for Western State and Eastern State Hospitals. DSHS already has a contract in place with Puget Sound Regional Fire Authority for Fire and EMS. DSHS is proposing to provide the City a total of $213,090 for a two year agreement starting from January 1, 2024 through December 31, 2025. It's likely that the contract will be extended in future years. RECOMMENDATION Authorize the Mayor to execute the interlocal agreement with DSHS in the substantial form of contract in the Council packet. Final form will be negotiated by the Mayor, with input from the City Attorney. ATTACHMENTS • Draft Interlocal Agreement. 129 130 of O�p�rte�l�ra�al I"Ie Ith olices INTERLOCAL AGREEMENT Police Services 2Agreement Number: 464-5 464-55580 Fred rrr mq fates This Agreement isby and between the State of Washington Department of Social and Health Services (DSHS) and the Contractor identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. Program Contract Number: Contractor Contract Number: CONTRACTOR NAME City of Tukwila CONTRACTOR doing business as (DBA) CONTRACTOR ADDRESS 6200 Southcenter Blvd Tukwila, WA 98188 WASHINGTON UNIFORM BUSINESS IDENTIFIER (UBI) DSHS INDEX NUMBER 65776 CONTRACTOR CONTACT Brandon Miles CONTRACTOR TELEPHONE (206) 731-9071 CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS brandon.miles@tukwilawa.g ov DSHS ADMINISTRATION Behavioral Health Administration DSHS DIVISION Division of State Hospitals DSHS CONTRACT CODE 8000LC-64 DSHS CONTACT NAME AND TITLE Blessing Guillermo Contracts Manager DSHS CONTACT ADDRESS Olympic Heritage BH 12844 Military Rd S Tukwila, WA 98168 DSHS CONTACT TELEPHONE (253)355-4813 DSHS CONTACT FAX Chck here to eater y xt. DSHS CONTACT E-MAIL ADDRESS blessing.guillermo1@dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? No ASSISTANCE LISTING NUMBER(S) AGREEMENT START DATE 01 /01 /2024 AGREEMENT END DATE 12/31/2025 MAXIMUM AGREEMENT AMOUNT $213,090.00 EXHIBITS. aExhibits ❑ The following Exhibits are attached and are incorporated into this Agreement by reference: (specify): Exhibit A - Data Security Requirements No Exhibits. The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be binding on DSHS only upon signature by DSHS. CONTRACTOR SIGNATURE raft ® Please O Ot i n PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE raft ® lease O Ot i n PRINTED NAME AND TITLE DATE SIGNED DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 1 131 DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Central Contracts and Legal Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" or "Data" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "COLS Chief" means the manager, or successor, of Central Contracts and Legal Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents. g. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key;" a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. "Physically Secure" means that access is restricted through physical means to authorized individuals only. k. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 2 132 DSHS General Terms and Conditions m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. n. "Secured Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q• "Trusted Systems" include only the following methods of physical delivery: (1) hand -delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http//apps.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law and Washington State Requirements. a. Applicable Law. Throughout the performance of this Agreement, Contractor shall comply with all federal, state, and local laws, regulations, and executive orders to the extent they are applicable to this Agreement. b. Civil Rights and Nondiscrimination. Contractor shall comply with all federal and state civil rights DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 3 133 DSHS General Terms and Conditions and nondiscrimination laws, regulations, and executive orders to the extent they are applicable to this Agreement, including, but not limited to, and as amended, Titles VI and VII of the Civil Rights Act of 1964; Sections 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act (ADA); Executive Order 11246; the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 49.60 of the Revised Code of Washington, Washington's Law Against Discrimination. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination laws, regulations, and executive orders, this Agreement may be rescinded, canceled, or terminated in whole or in part. c. Nondiscrimination. (1) Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement. (2) Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). d. Certification Regarding Russian Government Contracts and/or Investments. Contractor shall abide by the requirements of Governor Jay Inslee's Directive 22-03 and all subsequent amendments. The Contractor, by signature to this Contract, certifies that the Contractor is not presently an agency of the Russian government, an entity which is Russian -state owned to any extent, or an entity sanctioned by the United States government in response to Russia's invasion of Ukraine. The Contractor also agrees to include the above certification in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor does not comply with this certification. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor does not comply with this certification during the term hereof. 6. Confiden .y. a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) 134 Page 4 DSHS General Terms and Conditions Confidential Information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons. (b) Communicating with the intended recipient before transr received only by an authorized person. (c) Verifying after transmittal that the fax was received by the intended recipient. he fax will be (4) When transporting six (6) or more records containing Confidential Information, outside a Secured Area, do one or more of the following as appropriate: (a) Use a Trusted System. (b) Encrypt the Confidential Information, including: i. Encrypting email and/or email attachments which contain the Confidential Information. ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential Information via a Trusted System. (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential Information shall be returned to DSHS or Contractor shall certify in writing that they employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on -site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 5 135 DSHS General Terms and Conditions 7 Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. E-Signature and Records. An electronic signature or electronic record of this Contract or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract or such other ancillary agreement for all purposes. 9. Governing Law and Venue. This Contract 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. 10. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 11. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractors records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 12. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are 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 Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, 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. 13. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. 14. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 15. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) 136 Page 6 DSHS General Terms and Conditions Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 16. Contract Renegotiation, Suspension, or Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. b. At DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this contract. (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 DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, "written notice" may include email. (3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised. 17. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the CCLS Chief or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions — Interlocal Agreements: 18. Disputes. Both DSHS and the Contractor ("Parties") agree to work in good faith to resolve all conflicts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of this Agreement, either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 7 137 DSHS General Terms and Conditions days. If managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the Secretary of DSHS ("Secretary") and the Contractor's Agency Head ("Agency Head") or their deputies or designated delegates. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and Agency Head. Upon receipt of the referral and relevant documentation, the Secretary and Agency Head will confer to consider the potential options of resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and Agency Head may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and Agency Head are unable to come #o a mutually acceptable decision within fifteen (15) business days, they may agree to issue an extension to allow for more time. The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If the Agreement is active at the time of resolution, the Parties will execute an amendment or change order to incorporate the final decision into the Agreement. The decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. If the Secretary and Agency Head are unable to come to a mutually acceptable decision, the Parties will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under this Agreement that are not affected by the dispute. 19. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 20. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 21. Subrecipients. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) 138 Page 8 DSHS General Terms and Conditions a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor 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 Contractor 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 Contractor 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 39. (Go to https://ojp.gov/about/offices/ocr.htm for additional information and access to the aforementioned Federal laws and regulations. b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person 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), ind a copy of any management letters issued by the auditor; (2) 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. c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200. 22. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 9 139 DSHS General Terms and Conditions violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 23. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) 140 Page 10 Special Terms and Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Authorized Designee" means an individual who is designated in writing by the person who is identified in this Contract to provide an approval or direction, to act on such person's behalf with regard to an approval or direction. b. "Behavioral Health Administration" or "BHA" means the administration within DSHS that is responsible for operating the state behavioral health facilities, including Olympic Heritage Behavioral Health Facility. c. "Contract Manager" means the individual identified as the DSHS Contact on page 1 of this Contract and is responsible for overall contract management, monitoring Contractor performance, and payment authorization. For purposes of this Contract, the term "Contract Manager" shall include an Authorized Designee. d. "Contractor" means the person or entity identified as the Contractor on page 1 of this Contract. As used in this Contract, "Contractor" shall include "Contractor Personnel." e. "Olympic Heritage Behavioral Health" or "OHBH" means a behavioral health facility located at 12844 Military Rd South, Tukwila, WA 98168. f. "Patient" means a person admitted to the Olympic Heritage Behavioral Health Facility. 2. Purpose. The purpose of this Contract is to provide state funding to the City of Tukwila Police Department to address the unique needs of OHBH in providing patrol and emergency police services and emergency police protection (9-1-1), evidence preservation and incident investigation services provided at OHBH and surrounding campus. 3. Patrol Services and Emergency Protection (9-1-1) Services. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. All services provided by Contractor under this Agreement shall be performed by law enforcement officers commissioned by the City of Tukwila Police Department and Mental Health Professionals under contract with Tukwila Police Department. b. The City of Tukwila Police Department shall provide patrol services and emergency police protection (9-1-1), evidence preservation and incident investigation services at OHBH and adjacent areas. Since the cost of these services is larger than the Maximum Agreement Amount, the intent of this Agreement is to offset some of the costs incurred by the City of Tukwila Police Department for the provision of such services. 4. Performance Reports. The City of Tukwila Police Department quarterly invoice shall also include a quarterly performance report, invoice and performance reports shall be submitted to the OHBH Contract Manager. The quarterly performance reports shall include the number of 9-1-1 calls responded to, the type of incidents, and the services provided by the City of Tukwila Police Department. 5. Handling Confidential Data. a. The City of Tukwila Police Department shall submit a copy of its evidence -handling procedures to the OHBH Contract Manager and the Chief Safety and Security Officer upon execution of this contract and shall submit any revisions that are adopted during the course of this contract. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 11 141 Special Terms and Conditions b. OHBH may disclose Confidential Information, including Protected Health Information (PHI) to City of Tukwila law enforcement without a patient's signed HIPAA authorization in certain circumstances, including: (1) In response to a request for information from a law enforcement official or designated crisis responder when necessary to carry out the responsibilities of that person's office, including the investigation of alleged criminal conduct, to the extent permitted under chapter 70.02 RCW and other applicable law. (2) To a law enforcement official when that official is reasonably able to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public. c. To a law enforcement agency, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. d. When necessary for the protection of the Patient or others due to the Patient's unauthorized disappearance from OHBH and the Patient's whereabouts are unknown, but the information must be limited to basic demographic and health information about the person. e. To comply with a court order or court -ordered warrant, a subpoena or summons issued by a judicial officer, or an administrative request from a law enforcement official (the administrative request must include a written statement that the information requested is relevant and material, specific and limited in scope, and that de -identified information cannot be used). Any court order or court - ordered warrant, a subpoena or summons issued by a judicial officer for Patient protected health information must comply with RCW 70.02.230. g. To comply with a court order or court -ordered warrant, a subpoena or summons issued by a judicial officer, or an administrative request from a law enforcement official (the administrative request must include a written statement that the information requested is relevant and material, specific and limited in scope, and de -identified information cannot be used). Any court order or court -ordered warrant, a subpoena or summons issued by a judicial officer for OHBH Patient protected health information must comply with RCW 70.02.230. When the City of Tukwila Police Department accesses, receives, or retains DSHS Confidential Data or media, including protected health information as defined under the Health Insurance Portability and Accountability Act (HIPAA), it must adhere to the following procedures: (1) The City of Tukwila Police Department shall keep confidential all DSHS Confidential Data or media copied, received, or retained in the course of investigations to the extent required by law and City of Tukwila Police Department policies required by the Washington Uniform Health Care Information Act (Chapter 70.02 RCW), and specifically 70.02.260 when applicable, and other applicable laws. (2) Pursuant to RCW 42.56.240(2), when a victim or witness in an incident occurring on the OHBH campus indicates a desire for disclosure or non -disclosure, the City of Tukwila Police Department will comply with that desire when producing public records, including police incident reports. (3) Upon receipt by City of Tukwila Police Department of a public records request that includes DSHS Confidential Data, the City of Tukwila Police Department will notify the DSHS Contract Manager, with a copy to the DSHS Public Records Officer at dshspublicdisclosure(c�dshs.wa.gov within five (5) business days and before disclosing any records. Notice provided by the City of Tukwila Police Department will include a copy of the DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 12 142 Special Terms and Conditions records with proposed redactions. Disclosure of records and redactions shall meet the standards in the Health Care Information Act, RCW 70.02, incorporated into the Public Records Act under RCW 42.56.070(1) and in the HIPAA Privacy Rule in 45 CFR §164.502 to the extent these provisions are applicable. If records are to be disclosed without authorization of the patients identified in the records, when required by law the records will be redacted to remove health care information recorded in any form or medium that identifies or can readily be associated with the identity of a patient. (4) Within fifteen (15) business days of receiving notice from the City of Tukwila Police Department, DSHS will either (1) notify the City of Tukwila Police Department that DSHS disagrees with the intended disclosure and obtain a court order prohibiting disclosure or (2) notify the City of Tukwila Police Department that it does not intend to take any additional action to prevent disclosure. 6. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of $213,090.00, including any and all expenses. a. Payment is contingent on submission of quarterly report(s) as set forth in Section 4., above. b. Payments shall be based on a fixed quarterly amount of $26,636.25. c. Funding for this Agreement is 100% state funds. 7. Billing and Payment. a. Invoice System. The Contractor shall submit invoices no later than fifteen (15) calendar days following the month end in which services were provided. Consideration for services rendered shall be payable upon receipt and acceptance by the DSHS Contract Manager of properly completed invoices submitted not more often than monthly to the following email address: CBS2OIympicBHA(a�dshs.wa.gov, with the DSHS Contract number and applicable Facility should be identified on the subject line of the email. Although emailing invoices is the preferred and faster method, should the Contractor not be able to use email, the invoice may be mailed to the following address: Department of Social and Health Services / Olympic Heritage Consolidated Business Services (CBS) -Region 2 Attention: Accounts Payable 500 1st Avenue South, Suite 401 Seattle, WA 98104 The invoices shall describe and document to DSHS' satisfaction dates of service, associated fees, description of services performed, any required reports and/or deliverables, identify of whom the services were performed, and if applicable copies of completed time records. All rates shall be in accordance with the Consideration as identified above. b. Payment. Payment shall be considered timely if made by DSHS within thirty (30) days after receipt and acceptance by DSHS of the properly completed invoices. Payment shall be sent to the address designated by the Contractor on Page 1 of this Contract. DSHS may, at its sole discretion, withhold payment claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 13 143 Special Terms and Conditions c. Duplication of Payment. The Contractor shall ensure that work to be performed does not duplicate work to be charged to the State of Washington under any other contract or agreement. 8. Communications. Any communications between the parties regarding the terms or activities described in this Agreement shall be provided in writing and directed to the following individuals: a. City of Tukwila CM Brandon Miles Phone: 206-731-9071 Email: brandon.miles(a tukwilawa.gov b. City of Tukwila (day-to-day operations) PD Commander or Sergeant on duty for the day shall provide day-to-day operations. Phone: 206-433-1808 c. OHBH Contract Manager: Blessing Guillermo, Contracts Compliance Manager Phone: 253-355-4813 Email: blessing.guillermol (c�dshs.wa.gov d. OHBH Liaison (day-to-day operations) Ryan Shuman Phone: 206-395-0550 Email: ryan.shumanl@dshs.wa.gov With copy of legal notices to: bhacontracts@dshs.wa.gov 9. Insurance. a. DSHS certifies that it is self -insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: I- The Contractor is self -insured or insured through a risk pool and shall pay for losses for which it is found liable; or The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products -completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 14 144 Special Terms and Conditions 10. Disputes. The Contractor may request resolution of a dispute in accordance with the following dispute resolution process: h. Contract disputes shall be resolved at the lowest organizational level possible in which the Contractor shall submit a written request for resolution directly to the DSHS Contract Manager, as applicable. The request must include the following information: (1) Contractor's name, address, phone number. (2) The DSHS contract number. (3) Identification and description of the issue(s) in dispute. (4) A statement describing Contractor's position on the issue in dispute, including any documentation that supports this position. The Contractor's request for dispute resolution must be mailed to the address listed on the front of this contract within 10 days after Contractor could reasonably be expected to have knowledge of the issue in dispute. The respective DSHS Contract Manger shall review the dispute resolution request and issue a written response to the Contractor within 30 days of receiving the written request. k. Items not eligible for dispute include the amount of any rates set by law, regulation, or DSHS policy. Except for those items of dispute that fall under Chapter 43.20.B.675 RCW, Revenue Recovery for the Department of Health and Social Services, the dispute resolution process described above is the sole administrative remedy available under this Contract. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 15 145 Special Terms and Conditions Exhibit A — Data Security Requirements 1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions: a. "AES" means the Advanced Encryption Standard, a specification of Federal Information Processing Standards Publications for the encryption of electronic data issued by the National Institute of Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf). b. "Authorized Users(s)" means an individual or individuals with a business need to access DSHS Confidential Information, and who has or have been authorized to do so. c. "Business Associate Agreement" means an agreement between DSHS and a contractor who is receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996. The agreement establishes permitted and required uses and disclosures of protected health information (PHI) in accordance with HIPAA requirements and provides obligations for business associates to safeguard the information. d. "Category 4 Data" is data that is confidential and requires special handling due to statutes or regulations that require especially strict protection of the data and from which especially serious consequences may arise in the event of any compromise of such data. Data classified as Category 4 includes but is not limited to data protected by: the Health Insurance Portability and Accountability Act (HIPAA), Pub. L. 104-191 as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service Publication 1075 (https://www.irs.gov/pub/irs-pdf/p1075.pdf); Substance Abuse and Mental Health Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20. e. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a network outside the control of the Contractor. Physical storage of data in the cloud typically spans multiple servers and often multiple locations. Cloud storage can be divided between consumer grade storage for personal files and enterprise grade for companies and governmental entities. Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace. g. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. "FedRAMP" means the Federal Risk and Authorization Management Program (see www.fedramp.gov), which is an assessment and authorization process that federal government agencies have been directed to use to ensure security is in place when accessing Cloud computing products and services. h. "Hardened Password" means a string of at least eight characters containing at least three of the following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special characters such as an asterisk, ampersand, or exclamation point. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 16 146 Special Terms and Conditions "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones, most tablets, and other form factors. "Multi -factor Authentication" means controlling access to computers and other IT resources by requiring two or more pieces of evidence that the user is who they claim to be. These pieces of evidence consist of something the user knows, such as a password or PIN; something the user has such as a key card, smart card, or physical token; and something the user is, a biometric identifier such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a series of numbers which act as a password for a device. Since PINs are typically only four to six characters, PINs are usually used in conjunction with another factor of authentication, such as a fingerprint. k. "Portable Device" means any computing device with a small form factor, designed to be transported from place to place. Portable devices are primarily battery powered devices with base computing resources in the form of a processor, memory, storage, and network access. Examples include, but are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable Device. "Portable Media" means any machine readable media that may routinely be stored or moved independently of computing devices. Examples include magnetic tapes, optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have been removed from a computing device. m. "Secure Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access, and access is controlled through use of a key, card key, combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. In otherwise Secure Areas, such as an office with restricted access, the Data must be secured in such a way as to prevent access by non -authorized staff such as janitorial or facility security staff, when authorized Contractor staff are not present to ensure that non -authorized staff cannot access it. n. "Trusted Network" means a network operated and maintained by the Contractor, which includes security controls sufficient to protect DSHS Data on that network. Controls would include a firewall between any other networks, access control lists on networking devices such as routers and switches, and other such mechanisms which protect the confidentiality, integrity, and availability of the Data. o. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system. 2. Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information Officer for the state of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference material related to these requirements can be found here: https://www.dshs.wa.gov/ffa/keeping-dshs- client-information-private-and-secure, which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services. 3. Administrative Controls. The Contractor must have the following controls in place: a. A documented security policy governing the secure use of its computer network and systems, and DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 17 147 Special Terms and Conditions which defines sanctions that may be applied to Contractor staff for violating that policy. b. If the Data shared under this agreement is classified as Category 4, the Contractor must be aware of and compliant with the applicable legal or regulatory requirements for that Category 4 Data. c. If Confidential Information shared under this agreement is classified as Category 4, the Contractor must have a documented risk assessment for the system(s) housing the Category 4 Data. 4. Authorization, Authentication, and Access. In order to ensure that access to the Data is limited to authorized staff, the Contractor must: a. Have documented policies and procedures governing access to systems with the shared Data. b. Restrict access through administrative, physical, and technical controls to authorized staff. c. Ensure that user accounts are unique and that any given user account logon ID and password combination is known only to the one employee to whom that account is assigned. For purposes of non -repudiation, it must always be possible to determine which employee performed a given action on a system housing the Data based solely on the logon ID used to perform the action. d. Ensure that only authorized users are capable of accessing the Data. e. Ensure that an employee's access to the Data is removed immediately: (1) Upon suspected compromise of the user credentials. (2) When their employment, or the contract under which the Data is made available to them, is terminated. (3) When they no longer need access to the Data to fulfill the requirements of the contract. f. Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information. g. When accessing the Data from within the Contractor's network (the Data stays within the Contractor's network at all times), enforce password and logon requirements for users within the Contractor's network, including: (1) A minimum length of 8 characters, and containing at least three of the following character classes: uppercase letters, lowercase letters, numerals, and special characters such as an asterisk, ampersand, or exclamation point. (2) That a password does not contain a user's name, logon ID, or any form of their full name. (3) That a password does not consist of a single dictionary word. A password may be formed as a passphrase which consists of multiple dictionary words. (4) That passwords are significantly different from the previous four passwords. Passwords that increment by simply adding a number are not considered significantly different. When accessing Confidential Information from an external location (the Data will traverse the Internet or otherwise travel outside the Contractor's network), mitigate risk and enforce password and logon requirements for users by employing measures including: DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 18 148 Special Terms and Conditions (1) Ensuring mitigations applied to the system don't allow end -user modification. (2)Not allowing the use ofdial-up connections. (3) Using industry standard protocols and solutions for remote access. Examples would include RADIUS and Citrix. (4)Encrypting aUremoteoccesotraffiofromthe external workstation toTrusted Network Vrtoo component within the Trusted Network. The traffic must bOencrypted 8tall times while traversing any network, including the Internet, which is not a Trusted Network. (5) Ensuring that the remote access system prompts for re -authentication orperforms automated session termination after no more than 30 minutes of inactivity. (G) EOSUhDg use OfMulti-factor Authentication to connect from the external end point 0Dthe iOtenl8| end point. Passwords orPIN codes may meet olesser standard if usedi conjunction with another authentication mechanism, such 8S8biODl8thC0DDg8nphO1.face recognition,ihSSC8D\O[tOkSO (software, hardware, smart card, etc.) in that case: (1) The PIN or password must be at b+oSt 5 letters or numbers when used in conjunction with at least one other authentication factor (2)MUst not be comprised of all the same letter ornumber M1111.22222'aaaaa.would not be C3\ Must not contain 8^run^Ofthree Ormore consecutive numbers M2388.SO743would not b8 If the contract specifically storage of Confidential Information OD8Mobile Device' passcodes used on the device must: (1)Ee8minimum Ofsix alphanumeric characters. (2) Contain at least three unique character classes /Upp8[ C8S8' lower case, letter, DUDlb8h. /3\ Not contain more than a three consecutive character run. Passcodes consisting of 12345, or aUSd12would not b8acceptable. k. Render the device unusable after amaximum of10failed |ogonattempts. 5' Protection of Data. The CVntmoCk]r @AreH8 to store Data On one or more of the following media and protect the Data as described: a. Hard disk drives. For Data stored onlocal workstation hard disks, access tothe Data will be restricted hJAuthorized User(s) by requiring |o0OnLOthe local workstation using 8 Unique User ID and Hardened Password orother authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. b. Network server disks. For Data stored onhard disks mounted onnetwork servers and made available through shared folders, access tothe Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has DSHS Central Contracts & Legal Services 149 Special Terms and Conditions authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section 8 Data Disposition, may be deferred until the disks are retired, replaced, or otherwise taken out of the Secure Area. c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secure Area. When not in use for the contracted purpose, such discs must be Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by DSHS on optical discs which will be attached to network servers and which will not be transported out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on discs attached to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. e. Paper documents. Any paper records must be protected by storing the records in a Secure Area which is only accessible to authorized personnel. When not in use, such records must be stored in a Secure Area. f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized Users on Contractor's staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g• Data storage on portable devices or media. (1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized, the Data shall be given the following protections: (a) Encrypt the Data. (b) Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 20 150 Special Terms and Conditions (c) Manually lock devices whenever they are left unattended and set devices to lock outornENmaUy after o period of inoctivitv, if this feature is available. K4axrnunn period of inactivity is 20 minutes. (d) Aook/ 8dnliOiSLrGdvB and physical security COOtrU|S to Portable D8vCUS and Portable Media by: i Keeping them inaSecure Area when not inuse, ii Using CheCh-iD/CheCk-Outprocedures when they are shared, and iii Taking frequent inventories. (2) When being transported Outside of Secure Area, Portable Devices and Portable Media with DSH@Confidential Information must beunder the physical control Of Contractorstaff with authorization to access the Data, even if the Data is encrypted. h. Data stored for backup purposes. (1) DSHS Confidential Information may be stored on Portable Media as part of a Contractor's existing, documented backup process for business U ordisaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of n0rnno| backup operations. If backup rn8di@ is retired while OS||S Confidential |nfOnn8UOn still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements below in Section 8 Data Disposition. (2) Data may be stored On non -portable media (8.g. Storage/\r88 Network drives, virtual nn9di@. etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. |fso, such media will b8protected GSotherwise described iOthis exhibit. |fthis media iSretired while C>8HGC0nfid8nfi8| Information still exists upon it, the data will bHdestroyed @tthat time in accordancewith the disposition requirements below iOSection 8 Data Disposition. i Cloud storage. D8 8 ConfidentialInformation requires protectionsequal t0Orgreater than those specified elsewhere within this exhibit. Cloud storage 0fData i8problematic 8Sneither O8HSnor the Contractor has control of the environment in which the Data is stored. For this reason: (1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: (8) Contractorh8SvvrtteOprODedUneSinp|8DegOwenlingUSeOftheC|OUdStOr8Ae8nd Contractor attests in writing that all such procedures will be uniformly followed. /b\ The Data will be Encrypted while within the Contractor network. /c\ The Data will remain Encrypted during transmission LOthe Cloud. /d\ The Data will remain Encrypted 8tall times while residing within the Cloud storage solution. (e) The Contractor will puaaeoo u decryption key for the Data, and the decryption key will be possessed only bythe Contractor and/or DGHG. DSHS Central Contracts & Legal Services 151 Special Terms and Conditions (f) The Data will not be downloaded to non -authorized systems, meaning systems that are not on either the DSHS or Contractor networks. (g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DSHS or Contractor's network. (2) Data will not be stored on an Enterprise Cloud storage solution unless either: (a) The Cloud storage provider is treated as any other Sub -Contractor, and agrees in writing to all of the requirements within this exhibit; or, (b) The Cloud storage solution used is FedRAMP certified. (3) If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution. 6. System Protection. To prevent compromise of systems which contain DSHS Data or through which that Data passes: a. Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months of being made available. b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes. c. Systems containing DSHS Data shall have an Anti-Malware application, if available, installed. d. Anti-Malware software shall be kept up to date. The product, its anti -virus engine, and any malware database the system uses, will be no more than one update behind current. 7. Data Segregation. a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation. (1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-DSHS Data. And/or, (2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. And/or, (3) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or, (4) DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. (5) When stored as physical paper documents, DSHS Data will be physically segregated from non- DSHS data in a drawer, folder, or other container. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 22 152 Special Terms and Conditions b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in this exhibit. 8. Data Disposition. When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: Server or workstation hard disks, or Removable media (e.g. floppies, USB flash drives, portable hard disks) excluding optical discs Using a "wipe" utility which will overwrite the Data at least three (3) times using either random or single character data, or Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Physically destroying the disk Paper documents with sensitive or Confidential Information Recycling through a contracted firm, provided the contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) On -site shredding, pulping, or incineration Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing, incinerating or crosscut shredding 9. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1) business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 10. Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor, the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub - Contractor must be submitted to the DSHS Contact specified for this contract for review and approval. DSHS Central Contracts & Legal Services 6015LF Custom Interlocal Agreement (5-11-18) Page 23 153 154 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 12/16/24 BJM ITEM INFORMATION ITEM No. 7.C. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 12/16/24 AGENDA ITEM TITLE Funding for Asylum Seekers at the Econo Lodge in Tukwila. CATEGORY Discussion Mtg Date /1 Motion Mtg Date 12/16/24 El Resolution Mtg Date E Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Ratify and authorize the Mayor to execute lodging agreements with Access to Our Communities (ATOC) for room space at the Econo Lodge in Tukwila. REVIEWED BY Trans&Infrastructure Svcs LTAC DATE: N/A Community Svcs/Safety [J Finance & Governance [J Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Approve. COMM 1'1EE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $432,000 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $432,000 Fund Source: GRANT FUNDS. Comments: The City will receive grant reimbursement from one of the grants we have in p/ace. MTG. DATE RECORD OF COUNCIL ACTION 12/16/24 MTG. DATE ATTACHMENTS 12/16/24 Staff Informational Memoradum, dated December 10, 2024 Example of previous agreement with Access to Our Communities. 155 156 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Brandon Miles, Mayor's Office CC: Thomas McLeod DATE: December 10, 2024 SUBJECT: Funding for Asylum Seekers at the Econo Lodge in Tukwila. ISSUE Ratify and authorize the Mayor to execute lodging agreements with Access to Our Communities (ATOC) for room space at the Econo Lodge in Tukwila. BACKGROUND Since Spring of 2024, the Econo Lodge at 13910 Tukwila International Blvd has housed asylum seekers. Several of the families were placed by Riverton Park United Methodist Church (RPUMC). RPUMC was unable to pay for some of the initial rooms, with RPUMC and ATOC disagreeing on what was owed through June of 2024. In October there was another large move of people to the site and it's unclear who or which organization authorized the move. Following the October move, the City began to take an active role at coordinating the site, similar to the work occurring at RPUMC. The City's consultant, i2-Strategies completed a detailed census on the property to understand the situation of the people living there (see attached). DISCUSSION Because the City was already working to house asylum seekers, the City began to provide funding to ATOC to help cover some of the housing costs. To date the City has provided a total of $150,000 to ATOC for housing at the Econo Lodge. However, residents at the motel have been receiving very few services and many have not been placed in the State's Asylum Seeker Model being run by the International Rescue Committee (IRC). ATOC and the City would like to draw down the site at the Econo Lodge and work to move people into housing off the property. Last week i2-Strategies began to post notices that people would be provided housing opportunities at another location. This caused some of the families on the site to move off and find other housing. The City believes it will take a number of months to draw down the site. Staff would like to execute an agreement with ATOC to compensate for funding, both past and through January of 2025. Additionally, the City authorized funding for ATOC earlier this year to cover housing costs that had already occurred. Previous Contracts with Access to Our Communities Contract No. Period Cover Amount 24-103 August 12, 2024- August 27, 2024 $50,000 24-127 September 26, 2024- October 11, 2024 $50,000 157 INFORMATIONAL MEMO Page 2 TBD October 24- $50,000 November 8, 2024 Total: $150,000 Administration would like to provide compensation for ATOC for additional past room nights, not to exceed $136,000. Moving forward the City would pay $55 per room night, plus applicable tax for any room currently occupied by an asylum seeker. Once a move out occurs from a room, the City is no longer responsible for the payment. The maximum payment for December would be $74,000, plus tax and for January the payment would be $72,000. Note, this assumes the motel is fully occupied and we have already started to see people begin to move out from the property. FINANCIAL IMPACT The table below outlines the payments paid to date, maximum future payments, and total. For December and January the City will pay for the actual room nights for rooms occupied by asylum seekers. Once the room is cleared, the City is not obligated to pay for the room. Access to Our Communities Contract No. Period Cover Amount 24-103 August 12, 2024- August 27, 2024 $50,000 24-127 September 26, 2024- October 11, 2024 $50,000 TBD October 24- November 8, 2024 $50,000 TBD Unreimbursed Past Room Nights $136,000 (rounded up, includes sales tax). December 1, 2024 through December 31, 2024 $74,000 (rounded up, includes sales tax). January 1, 2025 through January 30, 2025 $72,000 (rounded up, includes sales tax). Total: $432,000 The City will submit for reimbursement for these costs to one of the grants we currently have under contract. RECOMMENDATION Administration is seeking two specific actions by the City Council: 1. Ratify the Mayor's previous contract approvals with Access to Our Communities for housing asylum seekers for a total of $150,000. 2. Authorize the Mayor to execute contracts with Access to Our Communities to house asylum seekers in an amount not to exceed $284,000, with the final scope to be negotiated by the Mayor and approved by the City Attorney's Office (Note, this contract covers the periods of August 1 through November 30 that were unreimbursed and from 158 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Final agendas/12-16-24 Council/ATOC/Info Memo, ATOC.docx INFORMATIONAL MEMO Page 3 December 1, 2024 through January 30, 2025. Contracts are not included in the packet as they are still being created). ATTACHMENTS • Example of one of the previous agreements with Access to Our Communities. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Final agendas/12-16-24 Council/ATOC/Info Memo, ATOC.docx 159 160 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 24-103 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and ATOC, hereinafter referred to as "the Contractor," whose principal office is located at 3748 S 141st; Tukwila, WA 98168 (collectively, "the Parties"). WHEREAS, the City has determined the need to have certain services performed for its community members but does not have the staffing or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the Parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $55,000. 3. Contractor Budaet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing August 12, 2024 and ending August 27, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 4 161 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. CA Revised May 2020 Page 2 of 4 162 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assianment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 4 163 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. BM DATED this 9th day of CITY OF TUKWILA ISigned by: TUVVIGIS ll' 4,t,Od, AEF24.38054.5644.0 Thomas McLeod, Mayor ATTEST/AUTHENTICATED: r(_,--- Signed by: "' 3D04AB9746FA4E8... August 20 24 Andy Youn, City Clerk APPROVED AS TO FORM: Signed by: SaAtt 5E499CA4165E452.. Office of the City Attorney CONTRACTOR: By: IfYLD Printed Name: Mohammed Jama Title: Executive Director Address: 3748 S 141st Tukwila, WA 98168 164 CA Revised May 2020 Page 4 of 4 Exhibit "A" Scope of Service Contractor shall provide temporary housing for asylum seekers. The housing shall be provided to those individuals deemed as the most vulnerable who lack the financial resources to secure housing on their own. Contractor is fully responsible for providing temporary housing for the asylum seekers. Each unit provided to asylum seekers shall provide a bed and linens, functioning plumbing (working toilets, sinks, and showers), doors capable of being locked, and adequate climate control (heating and cooling). The City's funds are temporary and shall not be renewed after the term outlined below. The City is not responsible for relocating asylum seekers upon expiration of the term. The City's total contribution is a not to exceed amount of $55,000.00. The City is not responsible for any damage caused by the asylum seekers to the temporary housing location. Within ten (10) business days of the termination of this Agreement, or by not later than 5:00 PM PDT on Monday, September 9, 2024, the Contractor shall provide an accounting to the City regarding the temporary housing provided, including at minimum the following information with supporting written documentation (e.g., hotel folios): (1) the number of rooms provided, (2) the location of the rooms provided, (3) the dates of room usage, and (4) the total number of people served by the Agreement. CA Revised May 2020 Page 5 of 4 165 Exhibit "B" Compensation The room rate shall be $75.76 per night per room. The total room compensation shall be $50,001.60 (75.75 X 660 = $50,000). The room rate is inclusive of all taxes and fees. The City shall also provide a payment of $5,000 for the following service: 1. Contractor shall complete a detail census of the asylum seekers on the site. The census shall include: • Names and total number of people in each room. • Preferred language. • Presence of any vulnerabilities, such as, but not limited to, age, physical handicap, pregnancy, etc. • Work permit status, including if the permit has been applied for. CA Revised May 2020 Page 6 of 4 166 Thomas McLeod, Mayor T0: Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: December 10, 2024 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff, and the community with 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 • Meeting re Duwamish River: Community Development staff met with the Port of Seattle to discuss potential options for off -channel habitat along the Duwamish River, north of Cecil Moses Park. • Greater Seattle Partners: Mayor McLeod, City Administrator Wine and staff met with Greater Seattle Partners on December 3 to discuss potential partnership opportunities. • King County City Managers/City Administrators Meeting: City Administrator Wine hosted the King County City Managers/City Administrators monthly meeting on December 4. • Seattle Southside Chamber of Commerce Holiday Mixer: Mayor McLeod, Councilmembers Hedrick and Papyan and staff attended the Seattle Southside Chamber of Commerce Holiday Mixer on December5. • Joint Recommendations Committee: Human Services staff attended the Joint Recommendations Committee with King County partners for their presentation relating to how 2024 federal funds were allocated in South King County on a variety of projects. II. Community Events • Winter Weather Preparedness Workshop: Emergency Management Hosted a Winter Weather Preparedness Presentation and Workshop in partnership with Tukwila Water Department and Puget Sound Fire. The presentation reviewed the National Weather Services' Winter forecast, travel preparedness, common winter hazards and their impacts, mitigating water emergencies, and holiday fire hazard prevention. The workshop portion allowed attendees to practice water shut off and fire extinguisher use. • Tukwila Community Leadership Initiative: The Tukwila Community Leadership Initiative celebrated the closing of the program on November 26.16 community members received a Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 167 City Administrator's Report December 10, 2024 Page 2 certificate of completion for attending the 7-week program. The objectives were to learn how local government works, make connections, and grow their sense of belonging. • Tukwila Culture and Fashion Show: Mayor McLeod and Councilmember Hedrick and city staff attended the Tukwila Culture and Fashion Show on December 8 at Tukwila Village. The event was hosted by the Somali Independent Business Alliance. The City sponsored the event with lodging tax and port grant funds. • Tukwila School District Resource Fair: Human Services staff attend the Tukwila School District annual Resource Fair to share basic needs resources with Tukwila families. • Gingerbread House and Ornament Making Event: Parks & Recreation staff set up shop at Westfield Southcenter Mall and had a gingerbread house and ornament -making event in support of the Spirit of Giving. 50 families stopped by to have some holiday fun. MI. Staff Updates Public Safety • Shop With A Cop: The annual Shop with a Cop event took place on December 7, 2024. • Battle of the Badges: The Police Department is preparing for the Battle of the Badges event at Renton Technical College on December 14. Battle of the Badges is a holiday event where first responder agencies decorate department vehicles in holiday lights and handout swag. Project Updates • Tukwila Community Center Heating Upgrades Phase 1: The new boilers are online and the building now has heat. Work will continue to fine tune the system and maintain the components required for a fully functioning heating system. Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for December 18, 2024. 3 resident position terms expire March 31, 2025. No vacancies. • Civil Service Commission: The next meeting is scheduled for January 16, 2025. No vacancies. • COPCAB: The next meeting is scheduled for January 9, 2025. VACANT: Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for January 9, 2025. 1 City Employee position term expires March 31, 2025. 1 Education/Community position term expires March 31, 2025. 2 Community position terms expire March 31, 2025. VACANT: Student Representative. 1 application received. • Human Services Advisory Board: The next meeting is scheduled for December 12, 2024. 1 Resident position term expires March 31, 2025. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 168 City Administrator's Report December 10, 2024 Page 3 1 Faith -Based position term expires March 31, 2025. VACANT: 1 Resident position and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for January 7, 2025. 4 Resident position terms expire March 31, 2025. No vacancies. • Lodging Tax Advisory Committee: The next meeting is scheduled for December 13, 2024. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for December 11, 2024. 3 Community position terms expire March 31, 2025. VACANT: 1 Community position. • Planning Commission: The next meeting is scheduled for December 12, 2024. No vacancies. IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response August 26, 2024 During public comment Still Waters requested support for the $40,000 funding proposal submitted to the Human Services process. While the Human Services Advisory Board recommended an award of $4,000 to Still Waters, staff approached Amazon about the potential for private funding. As a result, Amazon has committed to providing $40,000 to Still Waters each year for the next two years. November 25, 2024 During public comment it was suggested that the City should help Spice Bridge businesses. Staff from Parks and Recreation and Economic Development met with staff from Global to Local to explore opportunities to help the remaining businesses at Spice Bridge during their transition. Staff is looking into options. November 25, 2024 A councilmember asked how the city is handling urgent permit needs associated with the November windstorm. Community Development understands the urgency and operates with a very lean team, which limits the ability to take a proactive approach to disaster response. With the resources available, the focus is on providing an efficient and effective reactive response. In this example the permit was applied for online on Sunday, the permit was issued on Monday, and inspection occurred on Tuesday. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 169 170 UPCOMING MEETINGS AND EVENTS DECEMBER 2024 -- JANUARY 2025 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. DEC 16 MON DEC 17 TUB DEC 18 WED DEC 18 THU DEC 20 FRI DEC 21 SAT * Work Session 5:30 PM City Hall Council Chambers Hybrid Meeting * City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting WSde Sdt!THCENTER GIVING TREE Help make the holiday season brighter for those in need by participating in the Salvation Army Giving Tree program. Come and pick a giving tag. Near Seattle Team Shop 2800 Southcenter Mall Click here for information. ...� SOUNDTRANSIT SURVEY FEEDBACK AND WIN UP TO $250! Your feedback will help enhance your transit experience. Only takes 15 minutes. Available in multiple languages. Surve o ens until y P Dec 20. Click here for the survey. *Special Arts Commission 6:00 PM Tukwila Community Center Hybrid Meeting .a,.," _„_,,_,_,„ ,_( DONATION NEEDED FOR TRUCK REPAIR COSTS Tukwila Pantry just had a repair bill for $14,369 on their truck plus additional $16,856 for truck rental. Click here to donate. * ' ' Cancelled i➢ Xr riVt c3ltwgY FREE STORM DEBRIS EXTRA YARD WASTE PICK UP ENDS TODAY FREE collection of extra yard waste up to 96 additional gallons of material. For Recology customers subscribed to Food & Yard waste services. Click here for information. SOLSTICE WALK, READING & PARK TOUR Tukwila Community Join forest Steward Debbie to Center Closure for reestablish a healthy park. Seasonal Maintenance 10:00 AM - 11:30 AM Dec 21 - Dec 27 Duwamish Hill Preserve 3800 S 115'h St Click here to sign-up. King County Library System 106 AND RESUME ASSISTANCE Visit Wo table for ce resources. assistancceesand 10:00 AM - 12:00 PM Tukwila Library 14380 Tukwila Intl Blvd Click here for information. DEC 23 MON DEC 24 TUE DEC 25 WED DEC 26 THU DEC 27 FRI DEC 28 SAT Council and Committee meetings cancelled. Tukwila Community Center Closure for Seasonal Maintenance Dec 21 - Dec 27 Give Mood -Save 3 Lives DONATE AND ENTER TO WIN TICKETS TO 5TH AVE THEATRE AND A NYCiTh BROADWAY GETAWAY BY DEC 31! Click here to schedule an appointment. Or call 1.800398.7888. You can also donate umbilical cord blood after the birth of your baby to save a life. Easy and free. Click here for information. ,v 4-`EE' t c;,,� �� W � City offices and community center closed. Tukwila Pantry food bank closed. THE MUSEUM OF FLIGHT BOEING APPRECIATION DAYS Free admission for Boeing employees and contractors plus 5 additional guests. Must redeem at 9404 E Marginal Way S. Dec 26 -Dec 27 10:00 AM - 5:00 PM here for information. THE MUSEUM OF FLIGHT BOEING APPRECIATION DAYS Free admission for BoeingClick employees and contractors plus 5 additional guests. Free parking. Must redeem at 404 E Marginal Way S. Dec 26 - Dec 27 10:00 AM - 5:00 PM Click here for information. DEC 30 MON DEC 31 TUE JAN 1 WED JAN 2 THU JAN 3 FRI JAN 4 SAT No Council or Committee meetings due to the 5`h Monday. Tukwila * Ectuity-and-Secial Justice-Commi€eien Rescheduled to Jan 9. ?na lihY toss health nfinder OPEN ENROLLMENT Anyone can apply for health insurance with Washington Healthplanfinder. Apply by Jan 15, 2025. Click here to register. "' HAavw� 1 1 ._;. 1� E ♦� �.. _.. �.; Y E A R` - ,;, ;f, City offices closed. Community Center open from 8:00 AM - 4:00 PM. CITY HALL / 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM - 4:00 PM 206-433-1800 oil; Dec - Free Teen Drop -In Activities - Click here for information. 8:00 PM - 11:00 PM Tukwila Community Center - 12424 42nd Ave S Dec 14- Winter Movie & Crafts - Click here to sign-up. 2:00 PM- 4:30 PM Tukwila City Hall - 6200 Southcenter Blvd %" Dec 14 - Battle of the Badges: Holiday Lights - Click here for information. 5:30 PM -8:00 PM Renton Technical College - 3000 NE 4'h St, Renton Dec 16 - Holiday Party (for Seniors) - Click here to sign-up. 10:00 AM-2:00 PM Tukwila Community Center - 12424 42"d Ave S Dec 20 - Solstice Walk and Reading - Click here to sign-up. 10:00 AM- 11:30 AM Duwamish Hill Preserve - 3800 S 115'h St Jan 8, 2025 - Riverside Restoration with REI - Click here to sign-up. 9:00 AM-1:00 PM Bicentennial Park - 7200 Strander Blvd Jan 14 - Restoration at Riverton Park - Click here to sign-up. 11:30 AM -1:30 PM Riverton Park - 4124 S 1315f St Feb 11 - Restoration at Riverton Park - Click here to sign-up. 11:30 AM - 1:30 PM Riverton Park - 13263 Macadam Rd S Feb 12 - Riverside Restoration with REI - Click here to sign-up. 9:00 AM -1:00 PM Bicentennial Park - 7200 Strander Blvd Mar 7 - Soul Line Dance St. Patty's Day Party (for Seniors) - Click here to sign-up. 2:00 PM -4:00 PM Tukwila Community Center - 12424 42"d Ave S Apr 30 - Veteran's Day with Seattle Mariners (for Seniors) - Click here to sign-up. 10:30 AM- 5:00 PM Tukwila Community Center - 12424 42nd Ave S "` FOOD BANK OPENS: Tuesdays, Thursdays & Saturdays (except holidays) 10:00 AM - 2:00 PM 3118 $ 140th St txw4' Volunteers - THERE IS A DIRE NEED OF VOLUNTEERS for food packaging or food distributions. To volunteer, click here to sign up. Donors - Please donate at tukwilapantry.org/donate. Donations can be dropped off on Tuesday -Saturday from 8 AM - 11 AM or by appointment. TUKWILA LIBRARY 14380 Tukwila International Blvd 206-242-1640 14 - Community Resource Fair - Click here for information. 11:30 AM - 2:30 PM Get resources for community members in need of support. 20 - WorkSource: Job & Resume Assistance - Click here for information. 10:00 AM - 12:00 PM Get help on your resume, prepare for interviews, job fairs, etc. help for grades K-12. Click here for information. activities at the Tukwila Library. MKing County Dec Library System Dec find ** Free online tutoring & homework ** See other events and fun 'vr"'''irvvir."T o' LOAN PROGRAMS FOR SEPTIC HELP 1-888-231-2170 CleanWater@Craft3.org EC JLO k ew„ i. Failing septic systems can result in sewage backing up in the home or entering local waterways and groundwater supplies. Click here for information. ASSISTANCE & RESOURCES FOR NOV 17-25 WINDSTORM DAMAGES NIKing County Report damage and request state and/or federal government disaster assistance for Nov 17-25 storm damages. Private and business properties may be eligible for property tax relief. Click here for information. PROPERTY TAX EXEMPTIONS FOR SENIORS AND PERSONS WITH DISABILITIES 206-296-3920 Exemptions.Assessments@KingCounty.gov The annual income limit for this program is now $84,000. Click here for information. FEEDBACK ON FINAL DRAFT OF ADA TRANSITION PLAN Due by January 10, 2025 HaveASay@kingcounty.gov King County Metro wants to hear from you on the Americans with Disabilities Act Transition Plan! Multiple languages available. Click here for information. 171 172 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. DECEMBER 2 See below links for the agenda packets to view the agenda items: December 2, 2024 Work Session is cancelled. December 2, 2024 Regular Meeting DECEMBER 9 See below links for the agenda packets to view the agenda items: December 9, 2024 Committee of the Whole / Special Meeting DECEMBER 16 See below links for the agenda packets to view the agenda items: December 16, 2024 Work Session December 16, 2024 Regular Meeting DECEMBER 23 Committee of the Whole Meeting is cancelled. MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. JANUARY 6 JANUARY 13 JANUARY 20 D A l� JANUARY 27 No Council or Committee meetings due to the holiday.