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Home My WebLink AboutReg 2025-09-15 COMPLETE AGENDA PACKET2 Tukwila City Council Agenda ❖ REGULAR MEETING ❖ IILA-4; di 90 Thomas McLeod, Mayor Councilmembers •:• Mohamed Abdi •:• Armen Papyan Marty Wine, CityAdministrator •:• Dennis Martinez •:• Hannah Hedrick Tosh Sharp, CounciiPresident •:• Verna Seal •:• Joe Torres Camacho 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 li icrosoft (realms IlI4eetlilnmg For Technical Support: 1-206-433-7155 Monday, September 15, 2025; 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbaiiy address the City both on -site at Tukwila City Haii or via phone or Microsoft Teams for up to minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycounciI tukwilawa.gov with your name and topic by 5:00 p.m. on the Council 5 meeting the date. Please cdeariy indicate that your message is for public comment during meeting, and you wiii receive further instructions. 4. CONSENT AGENDA a. Approval of Minutes: 9/8/25 (Special Mtg.) b. Approval of Vouchers c. A resolution authorizing the cancellation of outstanding General Fund claims checks. [Reviewed and forwarded to consent by the Finance & Governance Committee on 8/25/251 d. Authorize the Mayor to sign Amendment No. 1 to Interlocal Agreement #09-138 with Valley Narcotics Enforcement Team (VNET), removing Port of Seattle and City of Seattle from the agreement. [Reviewed and forwarded to consent by the Community Services & Safety Committee on 9/8/251 e. Authorize the Mayor to accept a grant from the Washington State Recreation and Conservation Office through the Washington Wildlife and Recreation Program (WWRP) Water Access program for the Tukwila Community Center Riverside Campus and Canoe Launch project, in the amount of $1,810,000.00. [Reviewed and forwarded to consent by the Community Services & Safety Committee on 9/8/251 (continued...) Pg.1 Pg.7 Pg.17 REGULAR MEETING September 15, 2025 Page 2 4. CONSENT AGENDA (cont.) f. Authorize the Mayor to accept a grant from the Washington Association of Sheriffs & Police Chiefs (WASPC) for Mental Health Field Response, in the amount of $267,750.00. [Reviewed and forwarded to consent by the Community Services & Safety Committee on 9/8/251 g. Authorize the Mayor to sign Amendment No. 3 to Contract #23- 010 with B-Force Protection Security, Inc. to extend the agreement for parks security services through December 31, 2025, in the amount of $22,527.36 (bringing Amendment Nos. 1 & 2 over $60,000.00). [Reviewed and forwarded to consent by the Community Services & Safety Committee on 9/8/251 Pg.45 Pg.181 5. NEW BUSINESS a. Update on a grant agreement to Low Income Housing Institute (LIHI) to establish a new tiny home village at Church By the Side of the Road. b. Update on Sound Transit's "Enterprise Initiative Principles." Pg.187 Pg•197 6. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.201 7. MISCELLANEOUS 8. EXECUTIVE SESSION Potential Property Acquisition — pursuant to RCW 42.30.110(1)(b) Not to exceed 30 minutes — NO action will follow in the open meeting. 9. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council If you are in please meetings are audio/video taped, and available at www.tukwilawa.gov need of translation or interpretation services at a Council meeting, 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: https//w,tukwilawa.,,q©v/do,pairtiments/citi-courfcili COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 09/15/25 MK ITEM INFORMATION ITEM NO. 4.C. STAFF SPONSOR: TONY CULLERTON ORIGINAL AGENDA DATE: 09/15/25 AGENDA ITEM TITLE Resolution authorizing the cancellation of abandoned or unclaimed property for 2025 reporting. CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ® Resolution Mtg Date 9/15/25 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Adtrain Svcs ❑ DCD gi Finance ❑ Fire ❑ P&R ❑ Police ❑ Pir SPONSOR'S SUALMARY The resolution authorized the cancellation of abandoned funds (unclaimed property). Unclaimed property will be reported to the Department of Revenue (DOR) Unclaimed Property Section. The Council is being asked to approve the resolution for cancellation of unclaimed property. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 8/25/25 ❑ Planning Comm. COMMITTEE CHAIR: PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMII IEE Unanimous Approval; Forward to 9/15/25 Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 9/15/25 Informational Memorandum dated 08/25/25 Resolution with Attachment - updated after 8/25 FIN Committee Meeting Minutes from the 8/25/25 Finance & Governance Committee Minutes (distributed separately) City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee FROM: Tony Cullerton, Deputy Finance Director BY: Margo Keithly, Fiscal Specialist CC: Mayor McLeod DATE: August 25, 2025 SUBJECT: 2025 Reporting of Unclaimed Property to the Washington State Department of Revenue ISSUE Annual reporting of outstanding and unredeemed accounts payable claims. BACKGROUND Each year by November 3rd the City of Tukwila reports abandoned or unclaimed property that is owed either to individuals or business vendors to the Washington State Department of Revenue Unclaimed Property Section and removes these items from the accounting records. All local governments are required to report unclaimed property except unclaimed restitution. Normal restitution is then reported each year by the County Treasurer to the State Treasurer. Current Finance Department policy dictates that all abandoned or unclaimed property be reported annually to the Washington State Department of Revenue Unclaimed Property Section through the Council approved resolution process. Moving forward, the City will also remit payment to the State. In prior years, the City retained the funds and only provided notice of the property to the State. DISCUSSION For the 2025 unclaimed property report year, reporting of abandoned or unclaimed property totals $2,343.53 comprised of General Fund Accounts Payable Claims checks. To the extent possible, those individuals and businesses with unclaimed accounts payable claims checks have been notified by the City through "good faith" effort of being mailed due diligence letters. These individuals and businesses have either not responded to the due diligence notifications and/or cannot be located to claim their property. RECOMMENDATION The Council is being asked to approve the Resolution declaring the cancellation of unclaimed General Fund accounts payable claims and consider this item on the Consent Agenda at the September 15, 2025 Regular Council Meeting. ATTACHMENTS Draft Resolution 2 NOTE: Shaded text denotes changes made after the August 25, 2025 Finance & Governance Committee Meeting. See Attachment A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION OF OUTSTANDING GENERAL FUND CLAIMS CHECKS. WHEREAS, the State of Washington, Department of Revenue Unclaimed Property Section, for the reporting year 2024, requires a one-year dormancy period for outstanding claims and payroll checks issued from the General Government Fund and a two-year dormancy period for Municipal Court checks; and WHEREAS, the City of Tukwila Finance Department has made all reasonable attempts to resolve the outstanding, unredeemed General Fund claims; and WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding, unclaimed General Fund claims checks issued prior to July 1, 2024. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council authorizes the cancellation of General Fund checks as detailed on Attachment A, the 2025 Unclaimed Property Summary Detail Report. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a a Regular Meeting thereof this day of , 2025. [signature page to follow] 2025 CEMP Version: 05/02/2025 Staff: K. Sainati Page 1 of 2 3 ATTEST/AUTHENTICATED: Andy Youn, City Clerk Tosh Sharp, Council President APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A: 2025 Unclaimed Property Summary Report (7/1/2023 — 6/30/2024) 2025 CEMP Version: 05/02/2025 Staff: K. Sainati 4 Page 2 of 2 Attachment A-2025 Unclaimed Property Summary Report - Reportina Period 7/1/2023 - 6/30/2024 Accounts Payable Check Number Issue Date Payee ID Payee Name Invoice Description Dept GL Account JL Account Check Amount 00400192 03/07/2022 E00027 RAMIRO BELTRAN 021622BELTRAN OT MEAL ALLOWANCE - BELTRAN PWM PW016200-549010 38.00 00401015 07/15/2022 E00047 WILLIAM FREEMAN 061622 OT MEAL - FREEMAN PWM PW401800-549010 11040100-6443933 38.00 00401693 10/28/2022 V001820 NOVA C PHUNG 71058 Vietnamese Interpreter CRT MC009100-541012 31000901-0000000 260.00 004n246 1 12/30/2022 V018668 COLLEEN MACINTYRE 122822 Inst.pmt.12/13 26 TCC PR007206 591011 41C0Q78C C`C4888 129.00 00402900 04/14/2023 V030452 LATRICIA COLLINS 040523 Refund for CampTuk/TeenVen TCC 000-213100 65.00 00403212 06/02/2023 V009456 ANGELO ABELLA 72689 Translation & Interpretation CRT MC009100-541012 31000901-0000000 100.00 00403452 07/07/2023 V009456 ANGELO ABELLA 73196 TAGALOG INTERPRETER CRT MC009100-541012 31000901-0000000 100.00 00403658 08/04/2023 V009456 ANGELO ABELLA 73256 Tagalog Interpreter CRT MC009100-541012 31000901-0000000 100.00 00403887 09/01/2023 V030569 JACQUELYNN MEDINA 082323 Refund for Hikes TCC 000-213100 30.00 00403918 09/08/2023 V009456 ANGELO ABELLA 73718 Tagalog Interpreter CRT MC009100-541012 31000901-0000000 100.00 00403946 09/08/2023 V030576 VIVIAN SALVADOR 083023 Witness Invoice- Salvador CRT MC009100-549011 10.00 00404095 10/06/2023 V009456 ANGELO ABELLA 73925 Tagalog Interpreter CRT MC009100-541012 31000901-0000000 100.00 00404119 10/06/2023 V030595 JANELLE M SAN NICOLAS 092823 Witness Invoice CRT MC009100-549011 10.00 00404381 11/03/2023 V030613 MEGAN WORMUS 102523 Witness Invoice CRT MC009100-549011 10.00 00404394 11/09/2023 V030618 KELLI CLOPP 110223 RENT20-0023, R28576 DCD CD008100-359100 11.00 00404396 11/09/2023 V030572 LATOYA DONALDSON INV550 Ice Cream Truck for Fall Event TCC PR007202-541007 32100000A-6319000 220.20 00404470 11/17/2023 V030631 KATIE QUINN 110323 Refund For PB 201 Clinic TCC 000-213100 10.00 00404560 12/01/2023 V030616 IIHAAN SHEYGO 102723A Refund FA-5742 TCC 000-213100 200.00 00404595 12/08/2023 V030651 GREGORY FULLER 112923 Witness Invoice- Fuller CRT MC009100-549011 10.00 00404606 12/08/2023 V030650 DUYEN C MAI 112923 Witness Invoice- Mai CRT MC009100-549011 10.00 00404806 12/29/2023 V030668 YANET FLORES FLORES 122723 Refund Winter Break Camp TCC 000-213100 10.00 00404818 12/29/2023 V018379 CHRISTINE LUNA CK386066-REPLACE FITNESS INSTR-REPLACE CK38606 TCC PR007206-541011 11600705-6361000 270.00 00405171 02/09/2024 V030696 SETH OEHLERICH 013124 Witness Invoice 3 CRT MC009100-549011 10.00 00405380 03/08/2024 V030715 TANISHA E DAVIS 022824 Witness Invoice CRT MC009100-549011 10.00 00405561 03/29/2024 V030737 RONALD FIELDS 032824 Fields Witness Invoice CRT MC009100-549011 10.00 00405572 03/29/2024 V030736 FLORENE JIMMERSON 032824 F, Jimmerson Witness Invoice CRT MC009100-549011 10.00 00405917 05/13/2024 E00159 HOSADAHVEEDIN TUIFUA 043024 OTMEAL 4/22/2024 PWM PW016660-549010 11101600-6279722 38.00 00406061 06/07/2024 V020907 PRISCILLA PATRICK AUNG 060424 Karen Interpreter CRT MC009300-541012 31000901-0000000 150.00 00406070 06/07/2024 V030778 CHUI CHAN 052924 Witness Invoice CRT MC009100-549011 10.00 Q94616468 4 E00097 DCTCD 661129 The AWCConference P-R PR007100513003 4948 `flAVCR AP TOTAL: $2,154.20 PAYROLL Check Number Issue Date Payee Name Pay Period Date Dept Check Amount PAYROLL TOTAL: 0.00 COURT Case # Date Payee Name Description AMOUNT IN0050348 05/09/23 WILLIAMS, KEITH TREMAINE JR $ 8.33 PSC005585 06/05/23 MUWAHED, WAZHMA $ 180.00 3A0094597 04/03/24 COYCOY SAPON, FELIX $ 1.00 6 restitution cases, see below* COURT TOTAL: $189.33 TOTAL UNCLAIMED PROPERTY: $2,313.63 * Court restitution does not get reported to the State. Restitution is reported to the State by the County Treasurer's Office each year. Revised as of 8 September 2025 6 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/15/25 PH ITEM INFORMATION ITEM No. 4.D. STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 9/15/25 AGENDA ITEM TITLE Amendment to VNET Interlocal Agreement CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date: 9/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ® Police ❑ PJF SPONSOR'S SUILVARY The purpose of the amendment is to remove City of Seattle and Port of Seattle from the VNET agreement as part of the VNET participating parties, as well as other housekeeping revisions. The Council is being asked to consider and approve the amendment as written. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONSOR/ADMIN. Police Department COMMII IEE Unanimous Approval; Forward to 9/15 Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/15/25 MTG. DATE ATTACHMENTS 9/15/25 Informational Memorandum dated 8/28/25 Amendment to VNET Agreement 09-138 (final revision date 3/6/25) Minutes from the 9/8/25 Community Services & Safety Committee Minutes (distributed separately) 7 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Eric Dreyer, Chief of Police BY: Phi Huynh, Executive Administrator CC: Thomas McLeod DATE: August 28, 2025 SUBJECT: Amendment to Valley Narcotics Enforcement Team (VNET) Interlocal Agreement #09®188 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ISSUE The Council is being asked to consider and approve an amendment to the VNET InterlocaV Agreement#ag-138,, which was originally approved by Council on 08/17/2009 with one addendum approved by Council on 02/22/2011. BACKGROUND The multi -jurisdictional VNET has been in existence for many years. The members of which are Auburn, Federal Way, Kent, Renton and Tukwila. The team works with Drug Enforcement Administration (DEA) on mid to high level narcotic investigations. The team concept has resulted in more effective pooling of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased capacity to investigate and enforce narcotic crimes. The team is currently functioning under interlocal a.q eem..e,r.;i .....H......uin........J.....e.....r......... - 138. DISCUSSION The purpose of the amendment is to remove Port of Seattle and City of Seattle from the VNET agreement, as they have previously withdrawn from participation in VNET, as well as other housekeeping revisions as shown in the attached proposed amendment. The amendment has been reviewed and approved by Legal. All other cities participating in VNET have approved the amendment as well. FINANCIAL IMPACT No financial impact RECOMMENDATION The Council is being asked to approve the amendment at the September 15, 2025 Regular Meeting via the Consent Agenda. ATTACHMENTS Addendum to VNET Interlocal Agreement 8 FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM THIS FIRST AMENDMENT ("First Amendment") TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM ("Agreement") is made between the Cities of Auburn, Federal Way, Kent, Renton, and Tukwila. I. RECITALS 1.1 On February 17, 2017, the parties to the original Agreement formed a multi - jurisdictional team known as the Valley Narcotics Enforcement Team ("VNET"). That Agreement contemplated the future admission or elimination of other jurisdictions as members of VNET, as well as the future alteration of existing Agreement terms (See, Section IV of the Agreement). To allow for efficient operation of VNET, the Agreement authorized those changes to be made without prior approval of the legislative bodies of the jurisdictions participating in VNET on the condition that such changes would be effective only through a unanimous vote of VNET's Executive Board (See, Section XXI of the Agreement) . 1.2 In accordance with Section VII of the Agreement, the Port of Seattle and the City of Seattle have previously withdrawn from participation in VNET, effective December 2016 and September 2023, respectively. 1.3 Additionally, the parties to VNET would like to clarify that the authority delegated to the Fiscal Agent under Section XII of the Agreement, includes the authority to contract as may be necessary for VNET operations, including the authority to execute any lease agreement to secure office space, to accept any grant, or to purchase any equipment, that may be required in support of VNET operations. 1.4 Finally, the parties wish to clarify the jurisdictional authority that exists for VNET operations under the Mutual Aid Act, Ch. 10.93 RCW, and to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this First Amendment. II. AMENDMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the Agreement is amended as follows: 2.1 as follows: Section I - Parties. Section I of the Agreement, entitled "Parties", is amended I. PARTIES The parties to this Agreement are the cities of Auburn, Federal Way, Kent, Renton, Scattic, and Tukwila_, and the Port of Scattic. The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement Administration ("DEA") Task Force. FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 1 9 2.2 Section II - Authority. Section II of the Agreement, entitled "Authority", is amended as follows: II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93 and 39.34, and 53.08 of the Revised Code of Washington. Through this Agreement, each member jurisdiction provides to every other member jurisdiction the permission required under the Washington Mutual Aid Peace Officers Powers Act, Ch. 10.93 RCW, for each member jurisdiction's general authority peace officers to enforce the criminal laws of this state within the primary territorial jurisdiction applicable to any particular VNET operation. Any reporting that may be required under RCW 10.93.030, as currently enacted or later amended, is self-executing as all VNET operations are a cooperative effort that would necessarily include the police agency that has primary territorial jurisdiction. 2.3 Section IV - Formation. Section IV of the Agreement, entitled "Formation", is amended as follows: IV. FORMATION There is hereby established a multi -jurisdictional team to be hereafter known as the Valley Narcotics Enforcement Team ("VNET"), the members of which shall be the cities of Auburn, Federal Way, Kent, Renton, Seattle, and Tukwila_, and the Port of Scuttle. The future admission or elimination of a jurisdiction as a member of VNET may be accomplished by an addendum to this Agreement. 2.4 Section XII - Financial Requirements. Section XII of the Agreement, entitled "Financial Requirements", is amended as follows: XII. FINANCIAL REQUIREMENTS AND CONTRACTING AUTHORITY VNET utilizes a Fiscal Agent for all account transactions and accounting. One of the participating jurisdictions will provide the services of the Fiscal Agent as approved by the Board. The VNET operating budget relies primarily on three funding sources: State and Federal Grants, VNET assets forfeited at the state and federal levels, and funds provided by the participating jurisdictions. Federal Grant funds are administered by the state and follow the state budget cycle of July 1 through June 30 of the following year. VNET shall request monthly reimbursements of expenses until the awarded amount is exhausted. Once the Federal Grant has been exhausted, forfeited assets will be used to pay expenses for the remainder of the budget cycle. FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 2 10 The Fiscal Agent is further authorized to enter into any contracts required to support VNET operations, subject to the Executive Board's approval of the terms and conditions of those contracts, including grant agreements, lease agreements for office space, or purchase agreements that may be required in accordance with Section XI. VNET shall prepare a budget each year that estimates the grant funds available, and each participating jurisdiction shall provide VNET with the annual cost to assign an officer and other approved personnel to the unit. A jurisdiction's annual contribution is then divided by 12 and credited towards the monthly salary and benefits of the jurisdiction's participating personnel. All other expenses are paid for by VNET utilizing either Grant funds or forfeited assets. The Board shall agree upon a date each year by which time it will notify the participating jurisdictions of each jurisdictions' expected contribution. The Fiscal Agent shall perform those reporting obligations on behalf of VNET members as it relates to VNET operations, as required by applicable law. Gpacc, storagc spacc, parking, and phonc scrvicc at no cost to VNET jurisdictions. 2.5 Section XV - Liability, Hold Harmless, and Indemnification. Section XV of the Agreement, entitled "Liability, Hold Harmless, and Indemnification", is amended as follows: XV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of VNET without the threat of being subject to liability to one another, and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VNET actions that are brought against the jurisdictions. To this end, and to the extent allowed by applicable law, the participating jurisdictions agree to equally share responsibility and liability for the acts and omissions of their participating personnel when acting in furtherance of this Agreement. Except as otherwise provided in this Agreement, lin the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 3 11 subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved in VNET Response. In the event a jurisdiction or its personnel were not involved in the actions, coordination, command, or any other aspect of a VNET response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. For purposes of this section, a member agency is deemed to have been involved in a VNET response when any employee from that member agency arrives at a VNET scene. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VNET personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual, for wrongfully violating VNET directives, or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorney fees accrued by its individual representation or defense. Each jurisdiction and its respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VNET members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 4 12 any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and Subsection A of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. No Waiver of Title 51 RCW. This section shall not be interpreted to waive any defense arising out of Title 51 RCW. G. Insurance. The failure of any insurance carrier or self -insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 5 13 The provisions of this section shall survive the expiration or termination of this Agreement. 2.6 Section XIX - Notification of Claims and Lawsuits. Section XIX of the Agreement, entitled "Notification of Claims and Lawsuits", is amended to remove the notice information for the Port of Seattle and the City of Seattle. 2.7 Remaining Provisions. Except as specifically amended by this First Amendment, all remaining provisions of the Agreement shall remain in full force and effect. 2.8 Ratification. All acts consistent with the authority of the Agreement and prior to the effective date of this First Amendment are hereby ratified and affirmed, and the terms of the Agreement and this First Amendment shall be deemed to have applied. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. City of Auburn City of Auburn Print Name: Print Name: Its: Its: Mayor City Clerk Date: Date: City of Auburn Print Name: Its: City Attorney Date: City of Kent City of Kent Print Name: Print Name: Its: Its: Mayor City Clerk Date: Date: City of Kent Print Name: Its: City Attorney Date: FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 6 14 City of Federal Way City of Federal Way Print Name: Print Name: Its: Its: City Manager City Clerk Date: Date: City of Federal Way Print Name: Its: City Attorney Date: City of Renton City of Renton Print Name: Print Name: Its: Its: Mayor City Clerk Date: Date: City of Renton Print Name: Its: City Attorney Date: City of Tukwila City of Tukwila Print Name: Print Name: Its: Its: Mayor City Clerk Date: Date: City of Tukwila Print Name: Its: City Attorney Date: FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 7 15 16 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/15/25 DR ITEM INFORMATION ITEM NO. 4.E. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 9/15/25 AGENDA ITEM TITLE Grant Acceptance: RCO WWRP - Water Access Grant CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 9/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Police ❑ PJF SPONSOR'S SU LMARY The City of Tukwila Parks & Recreation Department has been awarded a $1,810,000 grant through the RCO WWRP-Water Access program for the Tukwila Community Center Riverside Campus & Canoe Launch Project. This project's construction is estimated to take place from October 2027 through October 2028. The contract has been reviewed and approved to form by the City Attorney. City staff recommend the City Council approve the proposed grant agreement for signing and execution by the Mayor. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 9/8/25 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department COMMII IEE Unanimous Approval; Forward to 9/15 Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $1,810,000 AMOUNT BUDGETED $1,810,000 APPROPRIATION REQUIRED $0.00 Fund Source: STATE GRANT Comments: Matching funds secured via King County Parks Levy Grants & Earmarks MTG. DATE RECORD OF COUNCIL ACTION 9/15/25 MTG. DATE ATTACHMENTS 9/15/25 Informational Memorandum dated 8/15/25 A --- Proposed Grant Agreement with Washington State RCO (Project 24-1802D) B --- Proposed TCC Riverside Campus and Canoe Launch Concept Plan C --- Proposed TCC Campus Master Plan Concept Minutes from the 9/8/25 Community Services & Safety Committee Minutes (distributed separately) 17 Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: Thomas McLeod, City of Tukwila Mayor Community Services & Safety Committee FROM: Pete Mayer, Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: August 18, 2025 SUBJECT: Grant Acceptance: Recreation and Conservation Office (RCO) Washington Wildlife and Recreation Program (WWRP) Water Access Grant ISSUE The City of Tukwila Parks & Recreation Department has been awarded a $1,810,000 grant administered through the RCO WWRP-Water Access program. Per city policy, a grant agreement for this amount of funding requires city council approval before the Mayor may sign the contract for execution and recording. BACKGROUND Enhancing and improving the Tukwila Community Center campus was identified as a priority project in the 2020 Parks, Recreation and Open Space (PROS) Plan. In 2024, the City of Tukwila contracted with the Berger Partnership to engage in a park master planning process for the Tukwila Community Center Campus. This work led to the creation of concept plans for a Tukwila Community Center Riverside Campus and Canoe Launch, a re -imagining of the Duwamish River waterfront located onsite. The Parks and Recreation Advisory Committee reviewed the conceptual master plan in April of 2024. In the Spring of 2024, department staff sought to prepare and submit a grant application to the Washington Wildlife and Recreation Program (WWRP) Water Access program, which specifically provides funding to "create access to shorelines for non -motorized, water -related recreation activities such as boating and fishing". Prior to submitting and consistent with City policy, staff obtained Council approval on August 19th, 2024, recorded as City Resolution 2100, to pursue the grant, which requires a 50% or one-to-one match share from the City. In addition, the City must contribute at least 10% of the total cost of the project in the form of a local contribution (not from a state or federal source). The City's match requirements will be met via funding from the King County Parks Levy. RCO administered grant applications are accepted, evaluated, and ranked in even -numbered years. The Recreation and Conservation Funding Board (RCFB) awards funding in odd -numbered years, upon the State Legislature approving the State capital budget. Of the 12 projects submitted across the state, Tukwila's project ranked 4th and was awarded its full funding request on June 24, 2025. The City's 2025-2030 Capital Improvement Program (CIP) defines the TCC Campus Master Plan project (#72530301), including estimated project costs and funding sources. Staff are taking the next step in executing the approved project. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 9818'8 • 206-433-1800 • ite:: TukwifQWAgav 18 Community Services & Safety Committee Page 2 DISCUSSION Project Overview The Tukwila Community Center Riverside Campus and Canoe Launch re -develops the Duwamish River waterfront onsite into a nature -focused community gathering space, bringing the river and native Washington flora within reach of community members and park users. Improvements to the campus are planned to include but are not limited to, improvements to the campus trail loop to allow for ADA access, a brand-new boardwalk/walkway adjacent to the Duwamish River, improved picnic areas, a non -motorized watercraft launch site, an ADA-accessible river overlook tower, and a log jam seating wall facing the Duwamish River. Additionally, ecological restoration will be completed along the riverbank. These elements will provide new recreation and community gathering opportunities for all Tukwila Community Center visitors. The WWRP-Water Access Grant will provide $1.81 M in state grant funding, equivalent to approximately 50% of the total estimated project cost (design development, construction drawings, construction, and project management) of $3.62M at the time of the grant application's submission. Currently, department staff continue to work with the Berger Partnership and its subcontractors to complete project scoping, and estimation to confirm the total project cost before eventual construction. This work will cost approximately $90,000 and lead to completion of construction documents and provision of a final project budget estimate. These materials will be brought before council before the issuance of an RFP for construction contractors, currently planned for release in Fiscal Year 2027. The immediate next phases of work by the Berger Partnership and supported by the grant and matching funds include local, state and federal permit applications, 60% design, construction drawings, bid preparation and contract administration, project management. Preliminary project milestones include: Year Milestone 2026 2027 2028 Project Start ................ Permit Application 60% Design Turn In to RCO SEPA/NEPA Completion All Bid Docs/Plans Turn -In to RCO Construction Started 50% Construction Completion 90% Construction Completion Construction Completion,,,; Agreement End Date Note: The dates above are subject to change Target Date 8/1/25 1/15/26 4/1 /26 1/15/27 4/1 10/1/27 4/1 /28 8/1/28 10/1/28 12/31/28 Grant Agreement Per RCO guidelines, the agreement shall have an initial term of approximately three and a half years, starting on 8/1/2025 and currently ending on 12/31/28. However, if necessary, the city may seek extensions to allow for project completion. The grant agreement includes a description of the intended use and purpose of a funded project and the long-term obligations, including provisions should there be a change in use of the area as a park and recreation site. It also contains Standard Terms and Conditions which provides a comprehensive list of the contractual obligations. The remainder of the grant agreement includes other documents, such as eligible scope activities and legal description. The grant agreement has been reviewed and approved to form by the City Attorney. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.,gov 19 Community Services & Safety Committee Page 3 FINANCIAL IMPACT The City's 50% match requirement may be any combination of appropriations and cash, Conservation Futures, donations, in -kind labor, equipment and/or materials, other federal, state local and private grants, local impact and mitigation fees and other sources. As stated previously, the City must also ensure at least 10% of the total cost of the project is matched in a form other than a state or federal grant. Both match requirements will be met using funding from the King County Parks Levy. Fund Source King County Parks Levy Open Spaces River Corridors Grant King County 2026-2031 Parks Levy Earmark ................................................................ Amount Status 000, 000 $1,000,000 $2,000,000_._,_ Secured Secured Per the Project Funding Section (Page 2) of the proposed grant agreement, approval of this contract encumbers $1,810,000 (50% of proposed $3,620,000 total project cost) of funds within the Land Acquisition, Recreation, and Park Development Fund (301). The city has adequate funding on hand and/or secured to provide these matching funds as provided in the table above. Approval of the proposed grant agreement does not create any net General Fund inflows or outflows. The City has $3,810,000 in total funding secured for this project at this time, department staff continue to research other funding sources that may be secured or utilized if needed. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward the proposed grant agreement to the September 15th Regular Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed Grant Agreement with Washington State RCO (Project 24-1802D) B --- Proposed TCC Riverside Campus and Canoe Launch Concept Plan C --- Proposed TCC Campus Master Plan Concept Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.,gov 20 Project Sponsor: Project Title: . is srb and n (:a Tukwila Parks & Recreation Department Community Center Riverside Trail and Canoe Launch RCO Grant Agreement Project Number: 24-1802D Approval Date: 06/24/2025 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and by and through the Tukwila Parks & Recreation Department (Sponsor, and primary Sponsor), 12424 - 42nd Ave S, Tukwila, WA 98168, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Tukwila will use this grant to improve water access to the Duwamish River at Tukwila Community Center Park. The project will provide multiple ways for the public to access and enjoy the river, including a canoe launch, log jam seating feature, river overlook tower, and trail and boardwalk improvements along the river. The project also includes picnic shelters and landscaping. The primary recreation opportunities provided by this project are hand launch boating and passive recreation along the river. PERIOD OF PERFORMANCE The period of performance begins on August 1, 2025 (project start date) and ends on December 31, 2028 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. RCO: 24-1802 Revision Date: 1/31/2025 Page 1 of 22 21 STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this development project, the Sponsor's long-term obligations for the project area shall be in perpetuity, beginning at project completion, unless otherwise identified in the Agreement or as approved by the funding board or RCO. PROJECT FUNDING The total grant award provided for this project shall not exceed $1,810,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: RCFB - WWRP - Water Access Project Sponsor Total Project Cost Percentage Dollar Amount Source of Funding 50.00% 50.00% $1,810,000.00 State $1,810,000.00 100.00% $3,620,000.00 At the direction of the legislature and RCO best practices, sponsors must utilize the project funds in a timely and efficient manner in accordance with the project milestones set forth in this Agreement. Projects not aptly progressing towards completion may have funding rescinded. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. RCO: 24-1802 22 Revision Date: 1/31/2025 Page 2 of 22 For the purpose of this Agreement, WAC Title 286, RCFB policies shall apply as terms of this Agreement. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: • Development Projects - Manual 4 • Long Term Obligations - Manual 7 • Reimbursements - Manual 8 • WWRP - Recreation Programs - Manual 10a SPECIAL CONDITIONS None SPECIAL CONDITIONS - CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Tukwila Community Center Riverside Trail & Play Area State - RCO Lead: DAHP excavation permit required: This agreement requires compliance with Executive Order 21-02. RCO has completed the initial consultation for this project and a cultural resources survey is required to facilitate archaeological site avoidance, a DAHP excavation permit may also be required. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings that may be affected by the project. The Sponsor must submit final reports for any investigations or monitoring to RCO and receive a notice of cultural resources completion. Project actions started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting project actions, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. State - RCO Lead: Survey required: This agreement requires compliance with Executive Order 21-02. RCO has completed initial consultation for this project and a cultural resources survey is required. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings in the project area. The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Project actions started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting project activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact David Rosen Fiscal Analyst 12424 42nd Ave S Tukwila, WA 98168 david.rosen@tukwilawa.gov RCO Contact Hayley Dalgetty Senior Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 hayley.dalgetty@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. RCO: 24-1802 Revision Date: 1/31/2025 Page 3 of 22 23 EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 24-1802, shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. Tukwila Parks & Recreation Department By: Name (printed): Title: Date: State of Washington Recreation and Conservation Office On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) By: Date: FOR Megan Duffy Director Recreation and Conservation Office Pre -approved as to form: By: e,. Assistant Attorney General Date: 01 /31 /2025 RCO: 24-1802 24 Revision Date: 1/31/2025 Page 4 of 22 . iorV ard Rtion Office RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Community Center Riverside Trail and Canoe Launch Project Number: 24-1802D Approval Date: 06/24/2025 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Development Metrics Worksite #1, Tukwila Community Center General Site Improvements Construct picnic shelter Number of group picnic shelters: Develop circulation paths or access routes Enter length of circulation paths and routes by surface type: Concrete Lighting provided (yes/no): Develop viewpoint Number of designated viewpoints: Select the viewpoint structures: 4 new, 0 renovated 2000 No 1 new, 0 renovated View shelter ADA-accessible lookout tower with walkway Install general site structures Select one or more of the sheltered structures included in the project: None Select one or more of the surface structures included in the project: Seating wall Log jam seating feature Landscaping improvements Acres of landscaped area : Select the landscape features: Site Preparation General site preparation Trails 2.83 Grass/turf, Native vegetation, Trees/shrubs Trail development Miles of hard surfaced trail developed / renovated by surface type: Boardwalk 0.05 Concrete 0.15 Miles of natural surfaced trail developed / renovated by surface type: Natural surface 0.00 Select the trail structures : None Water Access Develop hand launch facilities Number of hand launches: Select the type of hand launch facility: Cultural Resources Cultural resources Permits Obtain permits Architectural & Engineering 1 new, 0 renovated Natural RCO: 24-1802 Revision Date: 1/31/2025 Page 5 of 22 25 Architectural & Engineering (A&E) RCO: 24-1802 26 Revision Date: 1/31/2025 Page 6 of 22 .ion ur ( Rtiron Office RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Community Center Riverside Trail and Canoe Launch Project Number: 24-1802D Approval Date: 06/24/2025 PROJECT MILESTONE REPORT Complete Milestone Project Milestones Target Date Comments/Description Project Start Design Initiated Cultural Resources Study Applied for Permits Progress Report Due Other 60% Plans to RCO Annual Project Billing Due Progress Report Due SEPA/NEPA Completed Progress Report Due Cultural Resources All Bid Docs/Plans to RCO RCO Notice to Proceed Bid Awarded/Contractor Hired Annual Project Billing Due Progress Report Due Construction Started Progress Report Due RCO Interim Inspection 50% Construction Complete Annual Project Billing Due Progress Report Due 90% Construction Complete Construction Complete Funding Acknowl Sign Posted Cultural Resources RCO Final Inspection Cultural Resources Complete Final Billing Due Final Report Due Agreement End Date 08/01/2025 09/01/2025 11 /01 /2025 01 /15/2026 01/31/2026 03/01/2026 04/01/2026 07/31/2026 07/31/2026 01 /15/2027 01 /31 /2027 02/01/2027 04/01/2027 05/01/2027 06/01/2027 07/31/2027 07/31/2027 10/01/2027 01 /31 /2028 04/01/2028 04/01/2028 07/31/2028 07/31/2028 08/01/2028 10/01/2028 10/15/2028 11/01/2028 11/01/2028 11/15/2028 12/01/2028 12/05/2028 12/31/2028 Cultural Resources Survey Report Required. Includes recording arch. sites and built environment (houses, structures, parks, sports fields) over 45 years old in APE on Site/Isolate Forms or HPI Forms. See CR Special Condition for details. Inform RCO of whether DNR lease/permit/easement is required (if so, amendment to add DNR property to grant may be needed). Evidence that DAHP Permit has been obtained. Receive Notice to Proceed from RCO prior to any ground disturbance. DAHP letter stating that Permit has been satisfactorily closed. Cultural Resources work is complete when either an IDP has been provided by the CR Unit and signed by the Sponsor, or (if applicable) the final Monitoring Report has been submitted and accepted by DAHP. RCO: 24-1802 Revision Date: 1/31/2025 Page 7 of 22 27 .ion ur ( Rtiron Office RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Community Center Riverside Trail and Canoe Launch Project Number: 24-1802D Approval Date: 06/24/2025 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 9 CITATIONS, HEADINGS AND DEFINITIONS 9 PERFORMANCE BY THE SPONSOR 12 ASSIGNMENT 12 RESPONSIBILITY FOR PROJECT 12 INDEMNIFICATION 12 INDEPENDENT CAPACITY OF THE SPONSOR 13 CONFLICT OF INTEREST 13 COMPLIANCE WITH APPLICABLE LAW 13 ARCHAEOLOGICAL AND CULTURAL RESOURCES 14 RECORDS 15 PROJECT FUNDING 15 PROJECT REIMBURSEMENTS 16 RECOVERY OF PAYMENTS 16 COVENANT AGAINST CONTINGENT FEES 16 INCOME (AND FEES) AND USE OF INCOME 17 PROCUREMENT REQUIREMENTS 17 TREATMENT OF EQUIPMENT AND ASSETS 17 RIGHT OF INSPECTION 18 STEWARDSHIP AND MONITORING 18 PREFERENCES FOR RESIDENTS 18 ACKNOWLEDGMENT AND SIGNS 18 PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS 18 LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS 19 CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS 19 ORDER OF PRECEDENCE 20 LIMITATION OF AUTHORITY 20 WAIVER OF DEFAULT 20 APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH 20 SPECIFIC PERFORMANCE 20 TERMINATION AND SUSPENSION 21 DISPUTE HEARING 22 ATTORNEYS' FEES 22 GOVERNING LAW/VENUE 22 SEVERABILITY 22 END OF STANDARD TERMS AND CONDITIONS 22 RCO: 24-1802 28 Revision Date: 1/31/2025 Page 8 of 22 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 07/08/2025. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement — The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual — A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the "RCO director" for the term "board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) — Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant — Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application — The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. — Code of Federal Regulations completed project or project completion — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. conversion — A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. RCO: 24-1802 Revision Date: 1/31/2025 Page 9 of 22 29 Cultural Resources — Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. development project — A project that results in the construction of, or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. A development project may also involve activities that redevelop or renovate an existing facility, and these may occur exclusively in the project or in combination with new construction. For projects in the Boating Facilities Program, the term "development project" includes all of the above and may also include those activities that are defined as maintenance in 50 C.F.R 86. director — The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date — The date when the signatures of all parties to this agreement are present in the agreement. equipment — Tangible personal property (including information technology systems) having a useful service life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)). funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity — the entity that approves the project that is the subject to this Agreement. grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. long-term compliance period — The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share — The portion of the total project cost provided by the Sponsor. milestone — An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office — Means the Recreation and Conservation Office or RCO. pass -through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass -through entity. period of performance — The period beginning on the project start date and ending on the project end date. pre -agreement cost — A project cost incurred before the period of performance. primary Sponsor — The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project — The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area - A geographic area that delineates a grant assisted site which is subject to project agreement requirements. project completion or completed project — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. RCO: 24-1802 30 Revision Date: 1/31/2025 Page 10 of 22 • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally funded projects). project end date — The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date — The specific date identified in the Agreement on which the period of performance starts. RCFB — Recreation and Conservation Funding Board RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW — Revised Code of Washington reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project — A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. subaward — Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass -through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially -affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC — Washington Administrative Code. RCO: 24-1802 Revision Date: 1/31/2025 Page 11 of 22 31 PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or RCO: 24-1802 32 Revision Date: 1/31/2025 Page 12 of 22 communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. 2) Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization RCO: 24-1802 Revision Date: 1/31/2025 Page 13 of 22 33 affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on -site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. RCO: 24-1802 34 Revision Date: 1/31/2025 Page 14 of 22 4) Implement the IDP when cultural resources or human remains are found at the project site. G. Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non - Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. RCO: 24-1802 Revision Date: 1/31/2025 Page 15 of 22 35 C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On -site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and 3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. RCO: 24-1802 36 Revision Date: 1/31/2025 Page 16 of 22 INCOME (AND FEES) AND USE OF INCOME See WAC 286-13-110 for additional requirements for projects funded from the RCFB. A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: 1) Grant program laws, rules, and applicable manuals; 2) Value of any service(s) furnished; 3) Value of any opportunities furnished; and 4) Prevailing range of public fees in the state for the activity involved. PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the RCO: 24-1802 Revision Date: 1/31/2025 Page 17 of 22 37 equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. ACKNOWLEDGMENT AND SIGNS A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs. 1) During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and 2) During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in force: A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if RCO: 24-1802 38 Revision Date: 1/31/2025 Page 18 of 22 the RCO guidance would not meet such requirements. 1) Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species" which is available on the WISC Web site. E. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no way responsible for any risks associated with the project. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS A. Long -Term Obligations. This section applies to completed projects only. B. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. C. Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it) to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. 1) When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set forth in this Agreement (with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision -making body, and the RCO may pursue all remedies as allowed by the Agreement or law. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force for this agreement: A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: 1) According to applicable federal, state, and local laws and regulations, including public health standards and building codes; 2) In a reasonably safe condition for the project's intended use; RCO: 24-1802 Revision Date: 1/31/2025 Page 19 of 22 39 40 3) Throughout its estimated useful service life so as to prevent undue deterioration; 4) In compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: 1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. 2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3) Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at its discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy RCO: 24-1802 Revision Date: 1/31/2025 Page 20 of 22 of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean RCO: 24-1802 Revision Date: 1/31/2025 Page 21 of 22 41 all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. GOVERNING LAW/VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO: 24-1802 42 Revision Date: 1/31/2025 Page 22 of 22 Tukwila Community Center Campus WWRP TRAILS & WATER ACCESS GRANTS LEGEND 0 0 0 TRAIL IMPROVEMENTS Address cage. accessibility: and material ens s paved ❑rfacces. Replacepervious concrete paying. Add split rail fence near steep slopes and selectiveI rct r limb removal along trail. WOOD BOARDWALK Elevated )_C:e existng path < 3 to addre aod.ng. ESC-certified wood decking On aluminum fra org coo [e footings PICNIC AREAS Ground and scuipt,'r9pee reatures doedina as cold season pia • elements Os CIP safety su,rfac no CANOE LAUNCH Slope regsadog for loot access. Restosed shoreline planting and rad.,ot features. RIVER OVERLOOK Prefabricated Lookout tosses Ith ADA accesible;rted 0 LOG JAM SEATING Stone block stepped _eat:na .I:,...00dtoppn:g, .. 100 FEET 200 10 W Commia Lty Center Canivs 2024 MASTER PLAN ,�\\ems\ \_\ KING LOT' I L i FEET 0 50 100 2G0 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/15/25 JB ITEM INFORMATION ITEM No. 4.F. STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 9/15/25 AGENDA ITEM TITLE Mental Health Field Response Grant Acceptance CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 9/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ® Police ❑ PJF SPONSOR'S SUNDIARY The City has been awarded WASPC's Mental Health Field Response Grant that will provide no -match funding ($267,750 total) towards the PD's unbudgeted MHP Co -Responder Program over the next two years. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 9/8/25 COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONsoR/ADMIN. Police Department COMMII1EE Unanimous Approval; Forward to 9/15 Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: Comments: No -match grant revenue to partially fund PD's unbudgted Co -Responder Program MTG. DATE RECORD OF COUNCIL ACTION 9/15/25 MTG. DATE ATTACHMENTS 9/15/25 Informational Memorandum dated 9/8/25 Agreement Titled "MHFR Grant Agreement" as reviewed/approved by CA Sand Minutes from the 9/8/25 Community Services & Safety Committee Meeting (distributed separately) 45 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM dTO: Community Services & Safety Committee FROM: Eric Dreyer, Chief of Police BY: Jake Berry, Police Finance & Grants Analyst CC: Thomas McLeod DATE: September 8, 2025 SUBJECT: Mental Health Field Response Grant Acceptance ISSUE The Police Department has been awarded the Mental Health Field Response (MHFR) Grant that will partially fund the Department's Co -Responder Program for two years. This grant has no matching component. BACKGROUND Tukwila Police Department's Mental Health Professional Co -Responder team has become a vital resource for the City. In the past year alone, the Program co -responded to 866 calls for service and served 478 community members in dire need of both immediate and longer -term assistance with a myriad of substance, behavioral, and/or lifestyle challenges. Due to budget constraints, the City was unable to provide a General Fund allocation for the program in the 2025/26 budget and instead relied on the Police Department to seek other funding sources. DISCUSSION The Police Department applied for the MHFR grant via the Washington Association of Sheriffs and Police Chiefs and was subsequently awarded funding to be applied towards the contracted fee the Department pays to Sound Mental Health each month for the Program's two Co - Responders. Due to the amount of funding awarded, the Police Department is requesting the Committee's and Council's permission for the Mayor to formally accept the grant award. FINANCIAL IMPACT Funding for 7/1/25 — 6/30/26: $137,700 Funding for 7/1/26 — 6/30/27: $130,050 Total Grant Funding: $267,750 Total estimated contractual cost of program for this two-year period: $408,000 The portion of the Co -Responder Program not covered by the MHFR grant will be paid using Opioid Relief Settlement Funds. RECOMMENDATION The Committee is being asked to forward this matter to the September 15, 2025 Regular Meeting and for consideration for inclusion into that meeting's Consent Agenda with the goal of authorizing the Mayor to sign this no -match grant agreement. ATTACHMENTS WASPC Mental Health Field Response Grant Agreement (as reviewed by City Attorney) 46 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Washington Association of SHERIFFS & POLICE CHIEFS Grant Award Agreement for Mental Health Field Response WASPC Grant Award Number M H FR-25-012 This Grant Award Agreement is made by and between the Washington Association of Sheriffs and Police Chiefs (WASPC) and Tukwila Police Department (Grantee). Grantee Name: Tukwila Police Department Tax Identification Number: 91-6001519 Grantee Mailing Address: 15005 Tukwila Intl Blvd Grantee Primary Contact Name and Title: Jake Berry, Finance Manager & Data Analyst WASPC Primary Contact Name and Title: Cheyenne Sanders WASPC Mailing Address: 3060 Willamette Drive NE, Suite 200 Grant Program: Mental Health Field Response Grant Start Date: July 1, 2025 Total Award Amount: $267,750.00 Is the grantee a sub -recipient under this agreement? ❑X YES ❑ NO Purpose of Award: To provide services to communities in Washington State as set forth in RCW 36.28A.440. and the grantee's grant application Grantee Doing Business as (DBA): NA Unique Entity Identification Number: U EQN M C26C8T3 City: Tukwila State: WA Primary Contact Phone: 206-510-6061 WASPC Contact Phone: 360-486-2389 City: Lacey State: WA Authority for Award: RCW 36.28A.440 Grant End Date: June 30, 2027 Zip Code: 98188 Primary Contact Email: j.berry@tukwilawa.gov WASPC Contact Email: csanders@waspc.org Zip Code: 98516 Funding Source(s): ❑ State Non -Trueblood Phase I, II, and III ® State Trueblood Phase I, II, and III ($267,750.00) ❑ HCA Trueblood Expansion Grant Service Area: City of Tukwila. Grantee Signature Printed Name Title Date Signed WASPC Signature Printed Name Title Date Signed r--DocuSigned by: /'1 YvKit,_._ ne2ann,.Ev na Jamie Weimer Chief of Staff 8/13/2025 47 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 2 of 29 CONTENTS RECITALS 4 1 STATEMENT OF WORK (SOW) 4 2 DEFINITIONS 4 3 SPECIAL TERMS AND CONDITIONS 6 3.1 PERFORMANCE EXPECTATIONS 6 3.2 TERM 6 3.3 DATA COLLECTION 6 3.4 COMPENSATION 7 3.5 INVOICE AND PAYMENT 7 3.6 GRANTEE AND WASPC GRANT MANAGERS 8 3.7 LEGAL NOTICES 8 3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE 9 3.9 INSURANCE 9 4 GENERAL TERMS AND CONDITIONS 10 4.1 ACCESS TO DATA 10 4.2 ADVANCE PAYMENT PROHIBITED 10 4.3 AMENDMENTS 10 4.4 ASSIGNMENT 10 4.5 ATTORNEYS' FEES 11 4.6 AUDIT 11 4.7 CHANGE IN STATUS 11 4.8 CONFIDENTIAL INFORMATION PROTECTION 11 4.9 GRANTEE'S PROPRIETARY INFORMATION 12 4.10 CONFORMANCE WITH 2 CFR § 200 AND RELEVANT STATE AND LOCAL LAWS 12 4.11 COVENANT AGAINST CONTINGENT FEES 12 4.12 DEBARMENT 12 4.13 DISPUTES 12 4.14 ENTIRE AGREEMENT 13 4.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA) 13 4.16 FORCE MAJEURE 14 4.17 FUNDING WITHDRAWN, REDUCED OR LIMITED 14 4.18 GOVERNING LAW 14 4.19 HUMAN SUBJECTS PROTECTION 14 4.20 WASPC NETWORK SECURITY 15 4.21 INDEMNIFICATION 15 4.22 INDEPENDENT CAPACITY OF THE GRANTEE 15 48 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 3 of 29 4.23 INDUSTRIAL INSURANCE COVERAGE 15 4.24 LEGAL AND REGULATORY COMPLIANCE 15 4.25 LIMITATION OF AUTHORITY 16 4.26 NO THIRD -PARTY BENEFICIARIES 16 4.27 NONDISCRIMINATION 16 4.28 NON -SUPPLANTING CERTIFICATION 16 4.29 OVERPAYMENTS TO Grantee 16 4.30 PAY EQUITY 16 4.31 PUBLICITY 17 4.32 RECORDS AND DOCUMENTS REVIEW 17 4.33 REMEDIES NON-EXCLUSIVE 17 4.34 RIGHT OF INSPECTION 18 4.35 RIGHTS IN DATA/OWNERSHIP 18 4.36 RIGHTS OF STATE AND FEDERAL GOVERNMENTS 18 4.37 SERVICES TO PERSONS WITH LIMITED ENGLISH PROFICIENCY 19 4.38 SEVERABILITY 19 4.39 SITE SECURITY 19 4.40 SUBGRANTING 19 4.41 SURVIVAL 20 4.42 CORRECTIVE ACTION PLAN/SUSPENSION/TERMINATION 20 4.43 TERMINATION PROCEDURES 21 4.44 WAIVER 22 4.45 WARRANTIES 22 SCHEDULE A: STATEMENT OF WORK 23 SCHEDULE B: APPROVED BUDGET 26 EXHIBITS 29 49 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 4 of 29 GRANT AWARD RECITALS House Bill 2982, Chapter 142, Laws of 2018, went into effect on June 7, 2018. The purpose of the grant program is to assist local law enforcement agencies to establish and expand mental health field response capabilities, utilizing mental health professionals to professionally, humanely, and safely respond to crises involving persons with behavioral health issues with treatment, diversion, and reduced incarceration time as primary goals. WASPC has determined that entering into an Agreement with the Tukwila Police Department will meet WASPC's needs. NOW THEREFORE, WASPC awards to the Tukwila Police Department this Grant Award Agreement, the terms and conditions of which will govern Grantee's providing to WASPC the services and data from Grantee's Mental Health Field Response program. IN CONSIDERATION of the mutual promises as set forth in this Grant Award Agreement, the parties agree as follows: 1 STATEMENT OF WORK (SOW) The Grantee will provide the services and staff as described in Schedule A: Statement of Work. 2 DEFINITIONS "Agreement" or "Award" means the same as "Grant" or "Grant Agreement" or "Grant Award Agreement." "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. "Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. "business daysand Hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington. "CFR" means the Code of Federal Regulations. All references in this Agreement to CFR chapters or sections include any successor, amended, or replacement regulation. The CFR may be accessed at Ihttp://w w .ec:tu°.gov. "Community Agency" means an organization that works with and supports people working through behavioral health challenges but does not directly provide treatment. The organization can be a nonprofit or government/public agency as defined in the application. "Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, (see also Protected Health Information); finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, software source code or object code, or WASPC or State security information. "Contract" where used, shall have the same meaning as "grant" "grant agreement" and "grant award agreement". "Contractor" where used shall mean the same as "Grantee." 50 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 5 of 29 "Data" means information produced, furnished, acquired, or used by Grantee in meeting requirements under this Agreement. "Effective Date" means the first date this Agreement is in full force and effect. "Government/Public Agency" means an educational service district, school district, law enforcement agency, therapeutic court or probation office, public health district, a recognized American Indian organization, an Urban Indian Health Organization, or a Tribe. "Grant" or "Grant Agreement" or "Grant Award Agreement" means this grant document and all schedules, exhibits, attachments, incorporated documents and amendments. "Grantee" means the Tukwila Police Department, its employees, officers, and agents. Grantee includes any firm, provider, organization, individual or other entity performing services under this Grant Award Agreement. It also includes any Subgrantee retained by Grantee as permitted under the terms of this Agreement. "WASPC Grant Manager" means the individual identified on the cover page of this Agreement who will provide oversight of the Grantee's activities conducted under this Agreement. "Overpayment" means any payment or benefit to the Grantee in excess of that to which the Grantee is entitled by law, rule, or this Award, including amounts in dispute. "Proprietary Information" means information owned by Grantee to which Grantee claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. "Protected Health Information" or "PHI" means individually identifiable information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR § 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR § 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC § 1232g(a)(4)(b)(iv). "RCW" means the Revised Code of Washington. All references in this Agreement to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: hrttp'://aIpps.IIeg.wva.gov/urc w/. "Statement of Work" or "SOW" means a detailed description of the work activities the Grantee is required to perform under the terms and conditions of this Agreement, including the deliverables and timeline, and is Schedule A hereto. "Subgrantee" means a person or entity that is not in the employment of the Grantee, who is performing all or part of the business activities under this Agreement under a separate Agreement with Grantee. The term "Subgrantee" means Subgrantee(s) of any tier. "Subrecipient" shall have the meaning given in 45 CFR § 75.2, or any successor or replacement to such definition, for any federal award from HHS; or 2 CFR § 200.93, or any successor or replacement to such definition, for any other federal award. 51 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 6 of 29 "USC" means the United States Code. All references in this Agreement to USC chapters or sections will include any successor, amended, or replacement statute. The USC may be accessed at lhttl �..house.�:�� "WAC" means the Washington Administrative Code. All references to WAC chapters or sections will include any successor, amended, or replacement regulation. Pertinent WACs may be accessed at: Ihntt:.Ila.. 3 SPECIAL TERMS AND CONDITIONS 3.1 PERFORMANCE EXPECTATIONS Expected performance under this Agreement includes, but is not limited to, the following: 3.2 TERM 3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to subject of the Agreement; 3.1.2 Use of professional judgment; 3.1.3 Collaboration with WASPC staff in Grantee's conduct of the services; 3.1.4 Conformance with WASPC directions regarding the delivery of the services; 3.1.5 Timely, accurate and informed communications; 3.1.6 Regular completion and updating of project plans, reports, documentation and communications; 3.1.7 Regular, punctual attendance at all meetings; 3.1.8 Provision of high -quality services, and 3.1.9 Prior to payment of invoices, WASPC will review and evaluate the performance of Grantee in accordance with Agreement and these performance expectations and may withhold payment if expectations are not met or Grantee's performance is unsatisfactory as defined and evaluated by WASPC. 3.2.1 The initial term of the Award shall be July 1, 2025 and continue through June 30, 2027, unless terminated sooner as provided herein. 3.2.2 Work performed without an award or amendment signed by the Authorized Representatives of both parties will be at the sole risk of the Grantee. WASPC will not pay any costs incurred before the effective date listed on the face sheet attached to this agreement. 3.2.3 A completed Agreement is expected within 30 days following the letter of intent to award. In the event an Agreement is not signed (through no fault of WASPC) by the Grantee within 30 days, WASPC may elect to cease negotiations, and withdraw the award. 3.3 DATA COLLECTION 3.3.1 The Grantee shall utilize the data collection tool selected by WASPC, hereinafter referred to as the WASPC Data Collection Tool, which is the JULOTA Reach Software. The Grantee must provide sufficient resources to establish the administrative permissions necessary for the WASPC Data 52 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 7 of 29 Collection Tool to be fully operational at the time services begin at the site(s). The Grantee, if they have not already done so, shall execute the JULOTA "SaaS Use Agreement", which will be separately executed between the Grantee and JULOTA within 30 days of the execution of this Agreement. 3.4 COMPENSATION 3.4.1 The Maximum Compensation payable to Grantee is $267,750.00. As this is a multi -year award it is subject to the following restrictions: • The maximum amount payable to the Grantee for services rendered in year one (July 1, 2025-June 30, 2026) is $137,700.00. Funds that are not utilized from year one WILL NOT carry over to year two and are no longer able to be claimed by the Grantee under any circumstances. • 3.4.1.2 The maximum amount payable to the Grantee for services rendered in year one (July 1, 2026-June 30, 2027) is $130,050.00. Funds that are not utilized from year two WILL NOT carry over to any other period and are no longer able to be claimed by the Grantee under any circumstances. 3.4.2 Grantee's compensation for services rendered will be based in accordance with Schedule A: Statement of Work. 3.5 INVOICE AND PAYMENT 3.5.1 Grantee must submit accurate invoices to WASPC utilizing the online billing tool made available to Grantee by WASPC. Invoices are due monthly and should be submitted no later than thirty (30) calendar days following the period for which services are billed. WASPC reserves the right to deny payment for invoices that are submitted forty -Five (45) calendar days beyond the period for which services were provided. An exception to this requirement may be found in 3.5.5. 3.5.2 Invoices must describe and document to WASPC's satisfaction a description of the work performed, the progress of the project, fees, and a statement that includes the following language: "We certify pursuant to 2 CFR § 200.201(1)(iii)(3) that the activities described in this invoice and associated report(s) have been completed,". If expenses are invoiced, invoices must provide a detailed breakdown of each type. All invoices will be reviewed and must be approved by WASPC prior to payment. 3.5.3 Grantee must submit properly itemized invoices to include the following information, as applicable: • WASPC Award number "MHFR-25-012" • Grantee name, address, phone number • Description of Services • Date(s) of delivery • Net invoice price for each item • Applicable taxes • Total invoice cost 3.5.4 WASPC will return incorrect or incomplete invoices to the Grantee for correction and reissue. The Award Number must appear on all invoices, bills of lading, packages, and correspondence 53 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 relating to this Agreement. Page 8 of 29 3.5.5 Invoices for services rendered under this Agreement from July 1, 2025 to June 30, 2026 MUST be submitted by the Grantee to WASPC by July 14, 2026. WASPC is under no obligation to pay any claims for the period mentioned above that are submitted on or after July 15, 2026 ("Belated Claims"). WASPC will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 3.5.6 Invoices for services rendered under this Agreement from July 1, 2026 to June 30, 2027 MUST be submitted by the Grantee to WASPC by July 14, 2027. WASPC is under no obligation to pay any claims for the period mentioned above that are submitted on or after July 15, 2027 ("Belated Claims"). WASPC will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 3.6 GRANTEE AND WASPC GRANT MANAGERS 3.6.1 Grantee's Grant Manager will have prime responsibility and final authority for the services provided under this Agreement and be the principal point of contact for the WASPC Grant Manager for all business matters, performance matters, and administrative activities. 3.6.2 WASPC's Grant Manager is responsible for monitoring the Grantee's performance and will be the contact person for all communications regarding Agreement performance and deliverables. The WASPC Grant Manager has the authority to accept or reject the services provided and must approve Grantee's invoices prior to payment. 3.6.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. Grantee: Grant Manager Information WASPC: Grant Manager Information Name: Jake Berry Name: Cheyenne Sanders Address: 15005 Tukwila Intl Blvd Tukwila, WA 98188 Address: 3060 Willamette Dr NE, STE 200 Lacey, WA 98516 Phone: (206) 510-6061 Phone: (360) 486-2389 Email: j.berry@tukwila.gov Email: csanders@waspc.org 3.7 LEGAL NOTICES Any notice or demand or other communication required or permitted to be given under this Agreement or applicable law is effective only if it is in writing and signed by the applicable party, properly addressed, and delivered in person, via email, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail, return receipt requested, to the parties at the addresses provided in this section. 3.7.1 In the case of notice to the Grantee: Jake Berry Tukwila Police Department 15005 Tukwila Intl Blvd Tukwila, WA 98188 54 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 9 of 29 3.7.2 In the case of notice to WASPC: Attention: Chief of Staff Washington Association of Sheriffs and Police Chiefs 3060 Willamette Drive NE, STE 200 Lacey, WA 98516 3.7.3 Notices are effective upon receipt or four (4) business days after mailing, whichever is earlier. 3.7.4 The notice address and information provided above may be changed by written notice of the change given as provided above. 3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE Each of the documents listed below is by this reference incorporated into this Agreement. In the event of an inconsistency, the inconsistency will be resolved in the following order of precedence: 3.8.1 Applicable Federal and State of Washington statutes and regulations; 3.8.2 Recitals 3.8.3 Special Terms and Conditions; 3.8.4 General Terms and Conditions; 3.8.5 Schedule A: Statement of Work; 3.8.6 Schedule B: Approved Budget; 3.8.7 Exhibit A: 2025-2027 Grant Application Packet; 3.8.8 Exhibit B: Final Budget Submission; and 3.8.9 Any other provision, term, exhibit or material incorporated herein by reference or otherwise incorporated. 3.9 INSURANCE The Grantee must provide insurance coverage as set out in this section. The intent of the required insurance is to protect the WASPC should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Grantee or Sub -grantee, Subgrantee, or agents of either, while performing under the terms of this Agreement. The Grantee must provide insurance coverage that is maintained in full force and effect during the term of this Award, as follows: 3.9.1 Commercial General Liability Insurance Policy —Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1 million per occurrence/$2 million general aggregate. Additionally, the Grantee is responsible for ensuring that any Sub -grantees and Subgrantees provide adequate insurance coverage for the activities arising out of subgrants and subcontracts. 55 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 10 of 29 3.9.2 Business Automobile Liability —In the event that services delivered pursuant to this Agreement involve the use of vehicles, either owned, hired, or non -owned by the Grantee, automobile liability insurance is required covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 3.9.3 Professional Liability Errors and Omissions —Provide a policy with coverage of not less than $1 million per claim/$2 million general aggregate. 3.9.4 The insurance required must be issued by an insurance company/ies authorized to do business within the state of Washington, and must name WASPC, its agents and employees as additional insureds under any Commercial General and/or Business Automobile Liability policy/ies. All policies must be primary to any other valid and collectable insurance. In the event of cancellation, non -renewal, revocation or other termination of any insurance coverage required by this Agreement, the Grantee must provide written notice of such to WASPC within one (1) Business Day of Grantee's receipt of such notice. Failure to buy and maintain the required insurance may, at WASPC's sole option, result in this Agreement's termination. 3.9.5 The Grantee shall submit to WASPC a certificate of insurance that outlines the coverage and limits defined in the Insurance section before any work is performed and will not receive any payment or reimbursement until such certificate of insurance is provided to WASPC. Grantee must submit renewal certificates as appropriate during the term of the Award Agreement. 3.9.6 If the Grantee certifies that it is self -insured, is a member of a risk pool, or maintains the types and amounts of insurance identified above, Grantee will provide certificates of insurance to that effect to WASPC upon request. 4 GENERAL TERMS AND CONDITIONS 4.1 ACCESS TO DATA In compliance with RCW 39.26.180 (2), RCW 36.28A.440 and federal rules, the Grantee must provide access to any data generated under this Agreement to WASPC, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Grantee's reports, including computer models and methodology for those models. 4.2 ADVANCE PAYMENT PROHIBITED No advance payment will be made for services furnished by the Grantee pursuant to this Agreement. 4.3 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4.4 ASSIGNMENT 56 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 11 of 29 4.4.1 The Grantee may not assign or transfer all or any portion of this Agreement or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 4.39, Subcontracting/Subgranting, without the prior written consent of WASPC, which may be withheld at WASPC's sole discretion. Any permitted assignment will not operate to relieve the Grantee of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to WASPC that may arise from any breach of the provisions of this Agreement or warranties made herein, including but not limited to, rights of setoff. Any attempted assignment, transfer or delegation in contravention of this Subsection 4.4.1 of the Agreement will be null and void. 4.4.2 WASPC may assign this Agreement to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty (30) calendar days to the Grantee. 4.4.3 This Agreement will inure to the benefit of and be binding on the parties hereto and their permitted successors and assignees. 4.5 ATTORNEYS' FEES In the event of litigation or other action brought to enforce the terms of this Agreement, each party agrees to bear its own attorneys' fees and costs. 4.6 AUDIT If Grantee is required by OMB Super Circular 2 CFR § 200.501 and 45 CFR § 75.501 to have an audit of their financial statements, the Grantee must submit the results of that audit to WASPC no later than 90 (ninety) calendar days after those results are delivered to the Grantee by their auditor. 4.7 CHANGE IN STATUS In the event of any substantive change in its legal status, organizational structure, or fiscal reporting responsibility, the Grantee will notify WASPC of the change. The Grantee must provide notice as soon as practicable, but no later than thirty (30) calendar days after such a change takes effect. 4.8 CONFIDENTIAL INFORMATION PROTECTION 4.8.1 The Grantee acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of Confidential Information. The Grantee agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Subgrantees or Subgrantees requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without WASPC's express written consent or as provided by law. The Grantee agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information. 4.8.2 The Grantee agrees to comply with all confidentiality requirements of 42 USC section 37899 and 20 CFR § 22 that are applicable to collection, use and revelation of data or information. The Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with the requirements of 28 CFR § 22 and, in particular, section 22.23. 57 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 12 of 29 4.8.3 WASPC reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Grantee through this Agreement. Violation of this section by the Grantee or its Subgrantees or Subgrantees may result in termination of this Agreement and demand for return of all Confidential Information, monetary damages, or penalties. 4.8.4 The obligations set forth in this section will survive completion, cancellation, expiration, suspension, or termination of this Agreement. 4.9 GRANTEE'S PROPRIETARY INFORMATION Grantee acknowledges that WASPC complies with chapter 42.56 RCW, the Public Records Act relating to public projects, and that this Agreement may be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Grantee to be Proprietary Information must be clearly identified as such by Grantee. To the extent consistent with chapter 42.56 RCW, WASPC will maintain the confidentiality of the Grantee's information in its possession that is marked Proprietary. If a public disclosure request is made to view the Grantee's Proprietary Information, WASPC will notify the Grantee of the request and of the date that such records will be released to the requester unless the Grantee obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the Grantee fails to obtain the court order enjoining disclosure, WASPC will release the requested information on the date specified. 4.10 CONFORMANCE WITH 2 CFR § 200 AND RELEVANT STATE AND LOCAL LAWS 4.10.1 Grantee is required to maintain compliance with 2 CFR § 200, its appendices, subparts, and state and local law. 4.10.2 Grantee is required to maintain compliance with 45 CFR § 96.135—Restrictions on expenditures of grant. 4.11 COVENANT AGAINST CONTINGENT FEES The Grantee warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Grantee for the purpose of securing business. WASPC will have the right, in the event of breach of this clause by the Grantee, to annul this Agreement without liability or, in its discretion, to deduct from the price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 4.12 DEBARMENT By signing this Agreement, the Grantee certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). The Grantee agrees to include the above requirement in any and all subgrants and subcontracts into which it enters, and also agrees that it will not employ debarred individuals. The Grantee must immediately notify WASPC if, during the term of this Agreement, The Grantee becomes debarred. WASPC may immediately terminate this Agreement by providing the Grantee written notice, if the Grantee becomes debarred during the term hereof. 4.13 DISPUTES 58 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 13 of 29 The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Agreement. Both parties will continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve any dispute. When a genuine dispute arises between WASPC and the Grantee regarding the terms of this Agreement or the responsibilities imposed herein and it cannot be resolved between the parties' Grant Managers, either party may initiate the following dispute resolution process. 4.13.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) business days(email acceptable). If the initiating party is not satisfied with the response of the responding party, then the initiating party may request that the WASPC Director review the dispute. Any such request from the initiating party must be submitted in writing to the WASPC Director within five (5) business days after receiving the response of the responding party. The WASPC Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The WASPC Director will inform the parties in writing within five (5) business days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 4.13.2 A party's request for a dispute resolution must: • Be in writing. • Include a written description of the dispute. • State the relative positions of the parties and the remedy sought. • State the Agreement number and the names and contact information for the parties. • This dispute resolution process constitutes the sole administrative remedy available under this Agreement. The parties agree that this resolution process will precede any action in a judicial or quasi-judicial tribunal. 4.14 ENTIRE AGREEMENT WASPC and the Grantee agree that this Agreement is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Agreement and supersedes all letters of intent or prior contracts, oral or written, between the parties relating to the subject matter of the Agreement, except as provided in the section titled "Warranties". 4.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA) 4.15.1 This grant is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how federal funds are spent. 4.15.2 To comply with the act and be eligible to enter into this Agreement, the Grantee must have a Unique Entity Identification Number (UEID). A UEID provides a method to verify data about your organization. If the Grantee does not already have one, a UEID is available free of charge by registering with www.sam.gov. 4.15.3 Information about the Grantee and this Grant will be made available on www.uscontractorregistration.com by WASPC as required by P.L. 109-282. WASPC's Attachment 3: Federal Funding Accountability and Transparency Act Data Collection Form, is considered part of this Agreement and must be completed and returned along with the Agreement. 59 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 14 of 29 4.16 FORCE MAJEURE A party will not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 4.17 FUNDING WITHDRAWN, REDUCED OR LIMITED If WASPC determines in its sole discretion that the funds it relied upon to establish this Agreement have been withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding after the effective date of this Agreement but prior to the normal completion of this Agreement, then WASPC, at its sole discretion, may: 4.17.1 Terminate this Agreement pursuant to the section titled: Termination for Non -Allocation of Funds; 4.17.2 Renegotiate the Agreement under the revised funding conditions; or 4.17.3 Suspend Grantee's performance under the Agreement upon five (5) Business Days' advance written notice to the Grantee. WASPC will use this option only when WASPC determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Grantee's performance to be resumed prior to the normal completion date of this Agreement. 4.17.4 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. 4.17.5 When WASPC determines in its sole discretion that the funding insufficiency is resolved, it will give the Grantee written notice to resume performance. Upon the receipt of this notice, the Grantee will provide written notice to WASPC informing WASPC whether it can resume performance and, if so, the date of resumption. For purposes of this subsection, "written notice" may include email. 4.17.6 If the Grantee's proposed resumption date is not acceptable to WASPC and an acceptable date cannot be negotiated, WASPC may terminate this Agreement by giving written notice to the Grantee. The parties agree that the Agreement will be terminated retroactive to the date of the notice of suspension. WASPC will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the retroactive date of termination. 4.18 GOVERNING LAW This Agreement is governed in all respects by the laws of the state of Washington, without reference to conflict of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of Washington, and the venue of any action hereunder is in the Superior Court for Pierce County, Washington. 4.19 HUMAN SUBJECTS PROTECTION The Grantee agrees to comply with the requirements of 28 CFR § 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, and subject informed consent. 60 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 15 of 29 4.20 WASPC NETWORK SECURITY The Grantee agrees not to attach any Grantee -supplied computers, peripherals or software to the WASPC Network without prior written authorization from WASPC's Chief Information Officer. Unauthorized access to WASPC networks and systems is a violation of WASPC Policy and constitutes computer trespass in the first degree pursuant to RCW 9A.52.110. Violation of any of these laws or policies could result in termination of the Agreement and other penalties. The Grantee will have access to the WASPC visitor Wi-Fi Internet connection while on site. 4.21 INDEMNIFICATION The Grantee shall defend, indemnify, and save WASPC harmless from and against all claims, including reasonable attorneys' fees resulting from such claims arising from intentional or negligent acts or omissions of the Grantee, its officers, employees, or agents, subgrantees, or Subgrantees, their officers, employees, or agents, in the performance of this Agreement. This indemnification shall include, but not be limited to, any or all injuries to persons or damage to property, or breach of confidentiality and notification obligations under the section titled "Confidential Information Protection" and the section titled "Confidentiality Breach -Required Notification." For purposes of the indemnification provisions above, and limited to this section only, the Grantee waives its protections under RCW Title 51 for employee claims. This limited waiver was specifically negotiated and bargained for. 4.22 INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that a Grantor to Grantee relationship will be created by this Agreement with WASPC being the Grantor. The Grantee and its employees or agents performing under this Agreement are not employees, officers, or agents of WASPC. The Grantee will not hold itself out as or claim to be an officer or employee of WASPC by reason hereof, nor will Grantee make any claim of right, privilege or benefit that would accrue to such employee, officer, or agent under law. Conduct and control of the work will be solely with Grantee. 4.23 INDUSTRIAL INSURANCE COVERAGE Prior to performing work under this Agreement, the Grantee must provide or purchase industrial insurance coverage for the Grantee's employees, as may be required of an "employer" as defined in Title 51 RCW, and must maintain full compliance with Title 51 RCW during the course of this Agreement. 4.24 LEGAL AND REGULATORY COMPLIANCE 4.24.1 During the term of this Agreement, the Grantee must comply with all local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Agreement and all other applicable federal, state and local laws, rules, and regulations. 4.24.2 While on WASPC's premises, the Grantee must comply with WASPC operations and process standards and policies (e.g., ethics, Internet/email usage, data, network and building security, harassment, as applicable). 4.24.3 Failure to comply with any provisions of this section may result in the termination of this Agreement. 61 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 16 of 29 4.25 LIMITATION OF AUTHORITY Only the WASPC Authorized Representative has the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Agreement is not effective or binding unless made in writing and signed by the WASPC Authorized Representative. 4.26 NO THIRD -PARTY BENEFICIARIES WASPC and the Grantee are the only parties to this Agreement. Nothing in this Agreement gives or is intended to give any benefit of this Agreement to any third parties. 4.27 NONDISCRIMINATION During the performance of this Agreement, the Grantee must comply with all federal and state nondiscrimination laws, regulations and policies, including but not limited to: Title VII of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW, Washington Law Against Discrimination. In the event of Grantee's noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled, or terminated in whole or in part under the Termination for Default sections, and Grantee may be declared ineligible for further contracts with WASPC. 4.28 NON -SUPPLANTING CERTIFICATION No Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. Violation of the non -supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. 4.29 OVERPAYMENTS TO GRANTEE In the event that overpayments or erroneous payments have been made to the Grantee under this Agreement, WASPC will provide written notice to the Grantee and the Grantee will refund the full amount to WASPC within thirty (30) calendar days of the notice. If Grantee fails to make timely refund, WASPC may charge Grantee one percent (1%) per month on the amount due, until paid in full. If the Grantee disagrees with WASPC's actions under this section, then it may invoke the dispute resolution provisions of Section 4.13 Disputes. 4.30 PAY EQUITY 4.30.1 Grantee represents and warrants that, as required by Washington state law (Engrossed House Bill 1109, Sec. 211), during the term of this agreement, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if (i) the individuals work for Grantee, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. 4.30.2 Grantee may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job -related factor(s); or (v) a bona fide regional 62 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 difference in compensation levels. Page 17 of 29 4.30.3 Bona fide job -related factor(s)" may include, but not be limited to, education, training, or experience, which is: (i) consistent with business necessity; (ii) not based on or derived from a gender -based differential; and (iii) accounts for the entire differential. 4.30.4 A "bona fide regional difference in compensation level" must be (i) consistent with business necessity; (ii) not based on or derived from a gender -based differential; and (iii) account for the entire differential. 4.30.5 Notwithstanding any provision to the contrary, upon breach of warranty and Grantee's failure to provide satisfactory evidence of compliance within thirty (30) Days of WASPC's request for such evidence, WASPC may suspend or terminate this Agreement. 4.31 PUBLICITY 4.31.1 The award of this Grant to Grantee is not in any way an endorsement of Grantee or Grantee's Services by WASPC and must not be so construed by Grantee in any advertising or other publicity materials. 4.31.2 Grantee agrees to submit to WASPC, all advertising, sales promotion, and other publicity materials relating to this Agreement or any Service furnished by Grantee in which WASPC's name is mentioned, language is used, or Internet links are provided from which the connection of WASPC's name with Grantee's Services may, in WASPC's judgment, be inferred or implied. Grantee further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of WASPC prior to such use. 4.32 RECORDS AND DOCUMENTS REVIEW 4.32.1 The Grantee must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Agreement and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. At no additional cost, these records, including materials generated under this Agreement, are subject at all reasonable times to inspection, review, or audit by WASPC, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431, Subpart Q; and 42 CFR § 447.202]. 4.32.2 The Grantee must retain such records for a period of six (6) years after the date of final payment under this Agreement. 4.32.3 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. 4.33 REMEDIES NON-EXCLUSIVE The remedies provided in this Agreement are not exclusive, but are in addition to all other remedies available 63 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 under law. 4.34 RIGHT OF INSPECTION Page 18 of 29 The Grantee must provide right of access to its facilities to WASPC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 4.35 RIGHTS IN DATA/OWNERSHIP 4.35.1 WASPC and Grantee agree that all data and work products (collectively "Work Product") produced pursuant to this Agreement and received by WASPC will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by WASPC. Grantee is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. 4.35.2 If for any reason the Work Product would not be considered a work for hire under applicable law, Grantee assigns and transfers to WASPC, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 4.35.3 Grantee will execute all documents and perform such other proper acts as WASPC may deem necessary to secure for WASPC the rights pursuant to this section. 4.35.4 Grantee will not use or in any manner disseminate any Work Product to any third party, or represent in any way Grantee ownership of any Work Product, without the prior written permission of WASPC. Grantee will take all reasonable steps necessary to ensure that its agents, employees, or Subgrantees will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. 4.35.5 Material that is delivered under this Agreement, but that does not originate therefrom ("Preexisting Material"), must be transferred to WASPC with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Grantee agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. WASPC will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Grantee. 4.35.6 Grantee must identify all Preexisting Material when it is delivered under this Agreement and must advise WASPC of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Grantee must provide WASPC with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Grantee with respect to any Preexisting Material delivered under this Agreement. 4.36 RIGHTS OF STATE AND FEDERAL GOVERNMENTS 64 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 19 of 29 In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including but not limited to the Centers for Medicare and Medicaid Services (CMS), will have a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to authorize others to use for Federal Government purposes: (i) software, modifications, and documentation designed, developed or installed with Federal Financial Participation (FFP) under 45 CFR Part 95, subpart F; (ii) the Custom Software and modifications of the Custom Software, and associated Documentation designed, developed, or installed with FFP under this Agreement; (iii) the copyright in any work developed under this Agreement; and (iv) any rights of copyright to which Grantee purchases ownership under this Agreement. 4.37 SERVICES TO PERSONS WITH LIMITED ENGLISH PROFICIENCY The Grantee must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI of the Safe Streets Act, the Grantee is required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The US Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the internet at www.lep.gov. 4.38 SEVERABILITY If any provision of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity will not affect the other provisions or applications of this Agreement that can be given effect without the invalid provision, and to this end the provisions or application of this Agreement are declared severable. 4.39 SITE SECURITY While on WASPC premises, Grantee, its agents, employees, or Subgrantees must conform in all respects with physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds for revoking or suspending security access to these facilities. WASPC reserves the right and authority to immediately revoke security access to Grantee staff for any real or threatened breach of this provision. Upon reassignment or termination of any Grantee staff, Grantee agrees to promptly notify WASPC. 4.40 SUBGRANTING 4.40.1 Neither Grantee, nor any Subgrantees, may enter into subcontracts for any of the work contemplated under this Agreement without prior written approval of WASPC. WASPC has sole discretion to determine whether or not to approve any such subcontract. In no event will the existence of the subcontract operate to release or reduce the liability of Grantee to WASPC for any breach in the performance of Grantee's duties. 4.40.2 Grantee agrees that any proposed subcontracts must be provided to WASPC for review no later than 10 (ten) business days before such a subcontract's effective date. 4.40.3 Grantee is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are included in any subcontracts. 4.40.4 If at any time during the progress of the work WASPC determines in its sole judgment that any Subgrantee is incompetent or undesirable, WASPC will notify Grantee, and Grantee must take 65 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 20 of 29 immediate steps to terminate the Subgrantee's involvement in the work. 4.40.5 The rejection or approval by WASPC of any Subgrantee or the termination of a Subgrantee will not relieve Grantee of any of its responsibilities under the Agreement, nor be the basis for additional charges to WASPC. 4.40.6 WASPC has no contractual obligations to any Subgrantee or vendor under Agreement to the Grantee. The Grantee is fully responsible for all obligations, financial or otherwise, to its Subgrantees. 4.41 SURVIVAL The terms and conditions contained in this Agreement that, by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the Agreement will survive. The right of WASPC to recover any Overpayments will also survive the termination of this Agreement. 4.42 CORRECTIVE ACTION PLAN/SUSPENSION/TERMINATION 4.42.1 CORRECTIVE ACTION PLAN —In the event that WASPC determines that the Grantee has failed or is reasonably likely to fail to comply with any term(s) or condition(s) of this Agreement (to include any and all attachments, references, appendices, or other documents included or referenced herein), then WASPC will immediately take steps to mitigate any harmful effects of such failure(s), and promptly prepare a Corrective Action Plan (CAP) with respect to such failure(s) and outline the steps WASPC believes to be necessary to remedy such failure(s). In the event that the Grantee is unable to complete the CAP, WASPC reserves it's right to proceed with Termination or Suspension as outlined in the General Terms of this Agreement. SUSPENSION —If WASPC reasonably determines that the Grantee has failed or is reasonably likely to fail to comply with any term(s) or condition(s) of this Agreement (to include any and all attachments, references, appendices, or other documents included or referenced herein), WASPC reserves the right to issue a Notice of Suspension to the Grantee. A Notice of Suspension acts to suspend this Agreement in its entirety, including suspending payment for future services provided by Grantee. In the event a notice of suspension is issued, WASPC agrees to pay Grantee for all services provided under this Agreement prior to the issuance of the Notice of Suspension. WASPC reserves the right to reinstate an Agreement at its discretion by issuing a Notice of Reinstatement, or to move forward with Termination as outlined in Section 4.40 of the General Terms of this agreement. TERMINATION FOR DEFAULT —In the event WASPC determines that Grantee has failed to comply with the terms and conditions of a corrective action plan or the terms of this Agreement, WASPC has the right to suspend or terminate this Agreement. WASPC will notify Grantee in writing of the need to take corrective action. If corrective action is not taken within five (5) Business Days, or other time period agreed to in writing by both parties, the Agreement may be terminated. WASPC reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by Grantee or a decision by WASPC to terminate the Agreement. 66 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 21 of 29 In the event of termination for default, Grantee will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of the competitive bidding, mailing, advertising, and staff time. If it is determined that Grantee: (i) was not in default, or (ii) its failure to perform was outside of its control, fault or negligence, the termination will be deemed a "Termination for Convenience." TERMINATION FOR CONVENIENCE —When, at the reasonable discretion of either WASPC or Grantee, it is in either party's best interest, both WASPC and Grantee may terminate this Agreement in whole or in part by providing ten (10) calendar days' written notice to the other party. If this Agreement is so terminated, each party will be liable only for payment in accordance with the terms of this Agreement for service rendered prior to the effective date of termination. No penalty shall accrue to either WASPC or Grantee in the event the termination option in this section is exercised. TERMINATION FOR NONALLOCATION OF FUNDS —If funds are not allocated to continue this Agreement in any future period, WASPC may immediately terminate this Agreement by providing written notice to the Grantee. The termination will be effective on the date specified in the termination notice. WASPC will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination. WASPC agrees to notify Grantee of such nonallocation at the earliest possible time. No penalty will accrue to WASPC in the event the termination option in this section is exercised. TERMINATION FOR WITHDRAWAL OF AUTHORITY —In the event that the authority of WASPC to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Agreement and prior to normal completion, WASPC may immediately terminate this Agreement by providing written notice to the Grantee. The termination will be effective on the date specified in the termination notice. WASPC will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination. WASPC agrees to notify Grantee of such withdrawal of authority at the earliest possible time. No penalty will accrue to WASPC in the event the termination option in this section is exercised. TERMINATION FOR CONFLICT OF INTEREST —Both WASPC and Grantee may terminate this Agreement by written notice to the other party if either WASPC or Grantee determines, after due notice and examination, that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts, or Grantee's internal policy. In the event this Agreement is so terminated, WASPC will be entitled to pursue the same remedies against the Grantee as it could pursue in the event Grantee breaches the Agreement. 4.43 TERMINATION PROCEDURES 4.43.1 Upon termination of this Agreement, WASPC, in addition to any other rights provided in this Agreement, may require Grantee to deliver to WASPC any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. 4.43.2 WASPC will pay Grantee the agreed -upon price, if separately stated, for completed work and services accepted by WASPC and the amount agreed upon by the Grantee and WASPC for (i) completed work and services for which no separate price is stated; (ii) partially completed work and services; (iii) other property or services that are accepted by WASPC; and (iv) the protection 67 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 22 of 29 and preservation of property, unless the termination is for default, in which case WASPC will determine the extent of the liability. Failure to agree with such determination will be a dispute within the meaning of Section 4.13 Disputes. WASPC may withhold from any amounts due the Grantee such sum as WASPC determines to be necessary to protect WASPC against potential loss or liability. 4.43.3 After receipt of notice of termination, and except as otherwise directed by WASPC, Grantee must: • Stop work under the Agreement on the date of, and to the extent specified in, the notice; • Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Agreement that is not terminated; • Assign to WASPC, in the manner, at the times, and to the extent directed by WASPC, all the rights, title, and interest of the Grantee under the orders and subcontracts so terminated; in which case WASPC has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; • Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of WASPC to the extent WASPC may require, which approval or ratification will be final for all the purposes of this clause; • Transfer title to and deliver as directed by WASPC any property required to be furnished to WASPC; • Complete performance of any part of the work that was not terminated by WASPC; and • Take such action as may be necessary, or as WASPC may direct, for the protection and preservation of the records related to this Agreement that are in the possession of the Grantee and in which WASPC has or may acquire an interest. 4.44 WAIVER Waiver of any breach of any term or condition of this Agreement will not be deemed a waiver of any prior or subsequent breach or default. No term or condition of this Agreement will be held to be waived, modified, or deleted except by a written instrument signed by the parties. Only the WASPC Authorized Representative has the authority to waive any term or condition of this Agreement on behalf of WASPC. 4.45 WARRANTIES 4.45.1 Grantee represents and warrants that it will perform all services pursuant to this Agreement in a professional manner and with high quality and will immediately re -perform any services that are not in compliance with this representation and warranty at no cost to WASPC. 4.45.2 Grantee represents and warrants that it will comply with all applicable local, State, and federal licensing, accreditation and registration requirements and standards necessary in the performance of the Services. 4.45.3 Any written commitment by Grantee within the scope of this Agreement will be binding upon Grantee. Failure of Grantee to fulfill such a commitment may constitute breach and will render Grantee liable for damages under the terms of this Agreement. For purposes of this section, a commitment by Grantee includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Grantee to WASPC or contained in any Grantee publications, or descriptions of services in written or other communication medium, used to influence WASPC to enter into this Agreement. 68 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 23 of 29 SCHEDULE A: STATEMENT OF WORK PURPOSE WASPC intends to enter into an agreement with the Tukwila Police Department for purposes of establishing/continuing an MHFR Program that adheres to RCW 36.28A.440, to establish and expand mental health field response capabilities, utilizing mental health professionals to professionally, humanely, and safely respond to crises involving persons with behavioral health issues with treatment, diversion, and reduced incarceration time as primary goals. WASPC RESPONSIBILITIES 1. WASPC will provide a Grant Manager to monitor all progress under the program. To accomplish this monitoring function, WASPC staff may access de -identified data related to program services. 2. The Grant Manager shall provide timely response to Grantee communication. Grantee RESPONSIBILITIES 1. Grantee must 1.1. Implement the Mental Health Field Response Program as described in their Project Narrative and Project Timeline (as attached in "Exhibit A)", with no unapproved substantive derivations. Requests for changes to this scope of work, or services laid out in the applicant's Project Narrative and Project Timeline can be made to csanders@waspc.org. WASPC is under no obligation to grant such a request. 1.2. Include the following elements as central features of their program: • Grantee must include at least one mental health professional, as defined in RCW 71.05.020, who will perform field response professional services under the plan. A mental health professional may assist patrolling law enforcement officers either in the field or in an on -call capacity. • The mental health professional may also provide preventive, follow-up, training on mental health field response best practices, or other services at the direction of the local law enforcement agency. Nothing limits the mental health professional's participation to field patrol. 1.3. Implement the data collection tool as described elsewhere in the Agreement and enter information in an accurate and timely manner. 1.4. Notify WASPC of any changes in the Agreement or program management. 1.5. Actively participate in any monitoring activities deemed necessary by WASPC. 1.6. Comply with any recommendations that arise from monitoring activities. 1.7. Participate in any WASPC sponsored or facilitated training relative to working with American Indian/Alaskan Native individuals regarding disparities and needs, Indian health care delivery system, government -to - government relationships, and applicable federal and state laws and regulations. American Indian/Alaskan Native means any individual defined at 25 U.S.C. § 1603(1), § 1603(28), or § 1679(a) or who has been determined eligible as an Indian, under 42 C.F.R. § 136.12. 69 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Special Considerations Page 24 of 29 1. To allow agencies to provide the best and most comprehensive services possible, WASPC allows funding to be utilized for staffing of programs by properly credentialed and trained staff, at the following levels, under the stated conditions: 1.1. Mental Health Professional (MHP) as defined by lRCW 71.05.020:0: • Programs must utilize an MHP as defined in RCW 71.05.020 to perform duties established in 36.28A.440(3): "...assist patrolling officers in the field or in an on -call capacity, provide preventive, follow-up, training on mental health field response best practices, or other services at the direction of the local law enforcement agency." • MHPs should prioritize grant funded hours to providing services to individuals in crisis. • MHPs must provide a minimum of 1 hour per week of direct one-on-one supervision to Non-MHPs as required if the program utilizes non-MHPs. 1.2. Non-MHPs • Unless licensed to do so, the non-MHP does not provide support or services that would require a license or certification of any kind from the Washington State Department of Health, the Washington State Healthcare Authority, or any other governing body with regulatory authority in Washington State. • Individuals not meeting the definition of MHP as defined by RCW 71.05.020 may provide services under the following circumstances: o The non-MHP must receive a minimum of 1 hour per week of direct one-on-one supervision by a licensed MHP, o The non-MHP must immediately disengage with an individual that appears to be escalating to a state of acute crisis or agitation that may present a threat to their physical safety and follow any steps identified by agency policy. o Prior to providing services and no less than yearly, the non-MHP must participate in training relevant to all of the following topics: • Interacting with and providing social services to individuals with mental health conditions, to include Substance Use Disorder, • Program policies and standard operating procedures, • Necessary and practical physical safety precautions that must be taken when interacting with community members served by the program, • Necessary and practical techniques to avoid work related vicarious trauma and burn -out, • Please note that the training listed above is meant to represent a bare minimum standard to which all non-MHPs paid for using funds under this Agreement must adhere. WASPC expects that agencies will ensure that all of these requirements are met. 70 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 2. Law Enforcement Page 25 of 29 o WASPC places no conditions or limitations on the program's use of sworn law enforcement staff that are included in "SCHEDULE B - Approved Budget." 71 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 26 of 29 SCHEDULE B: APPROVED BUDGET DEFINITIONS "Personnel" represents the base salary and wages to individuals employed by the grantee that directly support the program. This does not include any benefits expenses paid by the grantee. Personnel expenses mut be substantiated with time and effort reporting (timesheets). (2 CFR § 200.430(i)) "Fringe Benefits" represents allowances and services provided by the grantee to their employees as compensation in addition to regular salaries and wages. Fringe benefits include, but are not limited to, the costs of leave (vacation, family - related, sick or military), employee insurance, pensions, and unemployment benefit plans. (2 CFR § 200.431(a)) "Travel" represents transportation, lodging, subsistence, and related expenses incurred by employees who are in travel status on program related business. All expenses charged to this category must be applied and allocated consistently throughout the term of the award. (2 CFR § 200.475) "Equipment" represents property with an acquisition cost of $5,000 or more, and a useful life of one or more years. (2 CFR § 200.1) "Supplies" represents tangible property other than those described in the definition of equipment. (2 CFR § 200.1) "Consultants/Contracts" represents the total dollar amount budgeted for the execution of contracts and agreements with parties not employed by the grantee. Professional and consultant services are rendered by persons who are members of a particular profession or possess a special skill, and who are not officers or employees of the grantee. These costs must be reasonable in relation to the services provided. (2 CFR § 200.459) "Other" represents costs not described in or allocated to another category. "Indirect" represents those expenses that are related to the conduct of program activities, but that can not be directly attributable to any particular project. Indirect costs for this award are capped and are not to exceed 15% of actual eligible expenses. (2 CFR § 200.414) 72 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 27 of 29 2025-2026 Approved Budget (Year 1) July 1, 2025 to June 30, 2026 Budget Category Amount Awarded A. Personnel $0.00 B. Fringe Benefits $0.00 C. Travel $0.00 D. Equipment $0.00 E. Supplies $0.00 F. Consultants/Contracts $137,700.00 G. Other $0.00 H. Indirect $0.00 TOTAL 2025-2026 AWARD $137,700.00 Please note that the "Approved Budget 2025-2026" is the final approved budget for your program during that state fiscal year. Unspent amounts from the 2025-2026 fiscal year will be forfeited by the grantee and will not be added to the following fiscal year's budget amounts. Funds awarded under this Agreement must be expended as outlined in "EXHIBIT B—FINAL BUDGET SUBMISSION (As Attached)" unless otherwise noted in the "2025-2026 APPROVED BUDGET NARRATIVE". 2025-2026 APPROVED BUDGET NARRATIVE: • No Comments. 73 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 28 of 29 2026-2027 Approved Budget (Year 2) July 1, 2026 to June 30, 2027 Budget Category Amount Awarded A. Personnel $0.00 B. Fringe Benefits $0.00 C. Travel $0.00 D. Equipment $0.00 E. Supplies $0.00 F. Consultants/Contracts $130,050.00 G. Other $0.00 H. Indirect $0.00 TOTAL 2026-2027 AWARD $130,050.00 Please note that the "Approved Budget 2026-2027" is the final approved budget for your program during that state fiscal year. Funds awarded under this Agreement must be expended as outlined in "EXHIBIT B—FINAL BUDGET SUBMISSION (As Attached)" unless otherwise noted in the "2026-2027 APPROVED BUDGET NARRATIVE". 2026-2027 APPROVED BUDGET NARRATIVE: • No Comments. 74 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 GRANT AWARD MHFR-25-012 Page 29 of 29 EXHIBITS (As Attached) 75 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Form Name: MHFR 25-27 Application Submission Time: March 3, 2025 4:07 pm Browser: Chrome 133.0.0.0 / Windows IP Address: 24.16.165.126 Unique ID: 1320496705 Location: 47.3667,-122.1249 Mental Health Field Response Grant Program (MHFR) 25-27 Funding Application APPLICANT AGENCY INFORMATION Is this an initial application for review of completeness or a final application submission? Final Application - Due 3/5/25 Type of Request - Program Type Continue an Existing Program Lead Agency Tukwila Police Department Please list any agencies that are N/A partnering for this application Lead Agency/Fiscal Agent 15005 Tukwila Int'I Blvd Address Tukwila, WA 98188 Lead Agency Tax Identification 91-6001519 Number UEQNMC26C8T3 Lead Agency Unique Entity ID Number Lead Agency Project Manager's Jake Berry Name Lead Agency Project Manager's j.berry@tukwilawa.gov Email Lead Agency Project Manager's (206) 510-6061 Phone ORGANIZATIONAL OVERVIEW AND KEY PERSONNEL PROGRAM ABSTRACT 76 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Program Abstract The City of Tukwila's Police Department's Mental Health Co -Responder program is well -established and has been operating as a Mental Health Field Response Team since 2021. The Program employs two certified Mental Health Practitioners whose primary responsibility is to co -respond with Police Patrol Officers to calls involving persons in crisis. This includes those impacted by drug addiction/misuse, psychological trauma, and those suffering from diagnosed/undiagnosed psychiatric disorders. The certified Mental Health Practitioners are provided by Sound Mental Health's Tukwila office via a contract between Sound Mental Health and the City of Tukwila. In its start-up phase, Tukwila's program was funded by its Seizure Fund assets. As it grew, Tukwila secured complementary funding through the Association of Washington Cities' Alternative Response Team Grant, which allowed the program to grow from one Certified Co -Responder to two, providing our community with seven -days -a -week care. Tukwila was awarded this grant three years in a row and enjoyed tremendous success but has "aged -out" of the grant program and now must seek other funding. Like many other commercial and industrial -based cities, Tukwila's forecasted expenditures have increased at a quicker rate then its revenues, preventing it from allocating General Funds to its Co -Responder program. Tukwila is seeking to continue this valuable and proven program through the award of Mental Health Field Response Team Grant funding. PROGRAM NARRATIVE PROGRAM TIMELINE PROGRAM BUDGET ADDITIONAL APPLICATION SUPPORT DOCUMENTS DATA COLLECTION & REPORTING 77 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 have reviewed and understand Yes the Data Collection and Reporting requirements. UPLOAD FILES Organizational Overview and Key https://www.formstack.com/admin/download/file/17664693781 Personnel Program Narrative Program Timeline Program Budget https://www.formstack.com/admin/download/file/17664693782 https://www.formstack.com/admin/download/file/17664693783 https://www.formstack.com/admin/download/file/17664693784 Additional Application Support https://www.formstack.com/admin/download/file/17664693785 Documents GENERAL TERMS General Terms Agreement I Agree GRANT APPLICATION SIGNING AUTHORITY Applicant Agency Signing Authority Thomas McLeod Title -- Applicant Agency Signing City of Tukwila Mayor Authority Electronic Signature Agreement I Agree Signature Date of Signature Mar 03, 2025 78 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Key Program Personnel Program Operations Supervisor Responsibility: Oversees operation of program and supervises the Mental Health Practitioners Name: Commander Phil Glover Mailing Address: Commander Phil Glover Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 Physical Address: Commander Phil Glover Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 Email Address: tu IkvViIII a 1. v Phone: 206-431-3893 Police Department Finance Analyst & Grants Manager Responsibility: Manages Department's financial matters and grants program. This role is the grant's Project Manager. Name: Jake Berry Mailing Address: Jake Berry Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 Physical Address: Jake Berry Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 Email Address: jIIC�e rinryq�tuukwlillla.wa Phone: 206-510-6061 Certified Mental Health Practitioner Responsibility: Provides behavioral health services and outreach Name: Alison Fisk 79 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Mailing Address: Physical Address: Email Address: Phone: Alison Fisk Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 Alison Fisk Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 aIII ft.,scnu.fii sIk( FLAkwlilllawa ov 206-708-4876 Certified Mental Health Practitioner Responsibility: Provides behavioral health services and outreach Name: Mailing Address: Physical Address: Email Address: Phone: Murray "MJ" Jacobs Murray Jacobs Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 Murray Jacobs Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 y. ` ), irmui.1i�°in•w.� r:�cQ�l��:p c�tui.ulkwli a v 206-941-6245 2 80 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Police Department Chief of Police ij Assistant to the Chief /11 clafew —Budget 'AnaNyst Deputy Chief of Pol ce (1) Crime Analyst )11 Patrpl Commander 111 Patrol Sergeant Kt}: Patriot Officers (9) Patrol Sergeant (11 Patrolt Officers (9) Patrol Sergeant flit Pattnai Officers 191 Patrol F Sergeant (11 Patf,01 Officers (20 Kg Officer 1:1.1 Victim Advocate •(1.1 ! Mental Heattin I Praessional (2.1 Special Ops COminanciter tif) Traffic Sergeant /1) Traffic Enforcement (.3) Porice Support Officer (1.) 1 Specie) Emphasis Unit Sergeant 11) Special Emphasis Unit Detectives (6) 1............. VET Detective if Ili. School Resource Officer f2) Community Engagement Coordinator (1.1 SuIPPRiri Operations S Manager 1) Admin /last ft). Records Supervisor ill Records Specialist (7) Records liKsposition Specialist (1( DiscRaYares Rt[9.:5t sptemSat (Ai Lead Evidence Technician ill Evidence Technician / if — • — • — • — • — • Contra Mai Partnership kwestmgaticons Commander 111 Records Specialist /1) Major Crimes Sergeant /1) Detectives /11i Professional Dtandards, Commander Assistant 1,101 Professional Standards Sergeant (1) Training Officer 11) d PAP/ Remitter (1) 81 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 ALISON M. FISK LICENSED INDEPENDENT CLINICAL SOCIAL WORKF.R ASSOCIATE, MAY 2023, WASHINGTON STATE DEPARTMENT OF HEALTH EDUCATION OHIO STATE UNIVERSITY - MASTER OF SOCIAL WORK, 2023 ARIZONA STATE UNIVERSITY - B.A. IN PSYCHOLOGY, SUMMA CUM LAUDE, 2016 SANTA BARBARA CITY COLLEGE - A.A. IN SPANISH, WITH HONORS, 2012 PROFESSIONAL EXPERIENCE MENTAL HEALTH CO -RESPONDER, SOUND; TUKWILA, WA —JULY 2023 — PRESENT Position entails responding with the Tukwila Police Department to calls for service relating to mental health crises, substance use issues, and challenges with unmet basic needs. Related responsibilities include referring community members to appropriate resources, collaborating with health and crisis workers in the region regarding high -needs subjects, and educating community members on system navigation. CHILD AND FAMILY SERVICES CLINICLAN/INTERN, SOUND; SEATTLE, WA - JAN. 2022 —JUNE 2023 Began position as an MSW internship and was hired on to a paid position in Nov 2022. Position entailed providing mental health counseling and case management services to outpatient clients ages 7-19, primarily within the public school environment. Responsibilities also included care coordination with outside organizations, diagnostic and risk assessment, and development of individualized treatment plans. BEHAVIORAL HEALTH SPECIALIST, CINCINNATI CHILDREN'S HOSPITAL; CINCINNATI, OH - JAN. 2020 - JUNE 2021 Worked in the inpatient adolescent program in psychiatric crisis stabilization. Responsibilities included de-escalating clients in times of crisis, milieu management, leading group therapy sessions, providing individualized support, and assisting in activities of daily living as necessary. This position required regular use of Therapeutic Crisis Intervention (TCI) practices. BEHAVIOR SUPPORT SPECIALIST, ST. JOSEPH ORPHANAGE; CINCINNATI, OH - JAN. 2019 - DEC. 2019 Worked in the residential treatment facility with youth ages 5-17 experiencing mental health disorders. Responsibilities included milieu management and assisting in activities of daily living as well as accompanying youth on community outings. This position also required regular use of crisis resolution skills including verbal de-escalation and Therapeutic Crisis Intervention (TCI) practices. SKILLS TRAINER, YOUTH ADVOCATES OF SITKA; SITKA, AK - JULY 2018 - NOV. 2018 4 82 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Worked in the residential program with adolescents ages 12-18 experiencing mental health disorders. Responsibilities included assisting in group therapy sessions, conducting daily one-on-one check -in sessions with individual clients as needed, distributing medication, de-escalating clients in times of crisis, and ensuring continued safety of clients from self and others. VOLUNTEER EXPERIENCE AMERICORPS POSITION - DIRECT SERVICE PROVIDER, SITKA COUNSELING AND PREVENTION SERVICES; SITKA, AK - AUG. 2017- JULY 2018 Principle focus of position was working one-on-one with an 8-year-old client with PTSD in his 2nd grade classroom, assisting with emotional crises in addition to behavioral and academic difficulties. Also facilitated group therapy sessions for outpatient SED clients ages 4-13. SKILLS Intermediate Spanish. Cultural sensitivity as developed through traveling, studying and/or living in over thirty countries across five continents. Lived experience in recovery since 2014. 83 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Murray A. Jacobs Jr. (206) 941-6245 Murray.Jacobs@tukwilawa.gov Qualifications: - Tenured Experience working inpatient psych. - Exceptional customer service, strategic planning and conceptual skills. - Demonstrates proficient oral and written communication. - Organized and self -motivated to complete tasks in a prompt and efficient manner. - Strive to defeat new challenges in a methodical and comprehensive mindset. - Proficient in Microsoft word, excel, data base applications. Education: Morris College Sumter, SC May 2011 B.A. in Criminal Justice — Concentration: Constitutional & Criminal Law, International Relations - Dean's List - Agency Affiliated Counselor License - Crisis intervention Law enforcement training Employment History: Sound Behavioral Health Mental Health Professional Tukwila, WA August 23- present - Support Patrol Officers on special cases - Provide support to Tukwila courtrooms and other agencies - Provide follow up to community members, hospital and social welfare agencies and law enforcement. Seattle Police Dept Community Service Officer Seattle, WA August 22August 23 - Provided Customer Service to the city of city, enforce non -criminal codes - Reduce Law Enforcement workload by performing non -technical tasks - Also provide response to patrol by providing law and order, support in crime prevention investigation and response Smokey Point Behavioral Health Mental Health Technician Marysville, WA Nov 2021- Present The Mental Health Technician functions as an active part of the treatment team, - providing continuous patient care, supervision, interaction role modeling to patients ranging in age from adolescent through geriatrics depending on which unit worked Evergreen Treatment Services DTP Medical Case Manager Renton, WA Dec 2021 August 2022 6 84 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Provides Case management consultation to clinical care teams for individuals experiencing complex medical, substance use disorder. - Provides Case management consultation for behavioral health needs following up on emergency department visits and admissions. Imagine Housing Veteran's Lead Case Manager Bellevue, WA June 2019-Nov 2021 - Case manage and coordinate services to veterans who are facing chronic homelessness despite any other mental and physical disabilities they may have. Assist veterans in getting into transitional housing from homelessness and then into permanent housing. - Provide case management services for the veterans in the program. - Provide weekly, monthly, quarterly and annual reports to HMIS, The Veteran's Administration, Imagine housing etc. Manage Billing/Accounting for the program. - Train oncoming staff Manage more difficult Cases. Urban League of Metropolitan Seattle Participant Navigator Seattle, WA June 2017- June 2018 - Ensuring proper assessment and enrollment of participants into the Career Bridge Job Readiness Program Oversee participants standard of living and overall success through the program - Providing case management functions and addressing boundaries whether it be financial, restrictive, legal etc. 85 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Jacob "Jake" Berry Maple Valley, WA 1206-510-6061 I j.berry@tukwilawa.gov Education: MBA Seattle University/BS Finance University of Idaho Career Highlights • 18+ years of financial analysis and management experience. • Constructed a database by querying regional public safety emergency dispatching data and local financial sources to evaluate safety and monetary impact of additional headcount and resources. The Excel and PowerBI reports I produced from this database allowed Tukwila to reduce overtime expenditures by -'$700k during the pandemic when city revenues were falling and uncertain. • Led financial and activity -based analysis that culminated with Tukwila's Fire Department merging with a regional Fire Authority, leading to better life-saving care and more optimized use of taxpayer's resources. Experience Finance Manager & Data Analyst to Chiefs of Police and Fire City of Tukwila, Tukwila WA 2016 to Present • As a member of Tukwila Public Safety's leadership team, I was charged with leading all financial conversations to include business planning, budgeting, resource optimization, forecasting, sensitivity/variance analysis, and the development and dissemination of metrics to city leadership • Resource Optimization and Management: developed and instituted a program that brought the Police Department from a $2.3mm budget overrun to a budget savings of $2.4mm annually • Forecasting and Budgeting: Directly responsible for Public Safety's $32mm annual budget and Federal/State Grants Management • Transitioned department leadership from a police mindset to one of business ownership and fiscal prudence • Introduced periodic resource planning and headcount investment models, forecasting, and variance analysis to teams in 2017 that have evolved into weekly conversations, allowing Public Safety to better monitor and invest public funds Patrol Officer, Department Instructor City of Tukwila, Tukwila WA 2009 to 2017 • I had the distinct honor of serving the Community Members of the City of Tukwila as a Patrol Officer, Department Instructor, and Acting Supervisor Notable Accomplishments • Lead Investigatory Officer on 1,418 cases • Responded to an estimated 11,241 calls for service • Recipient of Life Saving Medal • Recognized for community -based policing efforts within one of the most diverse neighborhoods in America 86 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Founder and Owner BiggerYard, LLC, Maple Valley WA 2007 to 2011 • Grew revenues to $500Kwith 38% profit margin within first 14 months, scaled business while sole employee • Leveraged financial and behavioral data to identify emerging ecommerce trends Director, Partner Management Marchex, Seattle WA 2006 to 2007 • Managed a national team of Partner Managers responsible for growth and quality maintenance • Responsible for product portfolio P&L, including forecasting, modeling, and presenting Business Analyst Marchex, Seattle WA 2005 to 2006 • Prepared monthly and quarterly business review packets containing KPIs, key historical and near -future forecasts for each core business, and presented to Marchex executives • Presented quarterly financial and product performance reports to company and corporate leaders • Prepared and presented daily inventory and operational metric reports for Marchex-owned businesses, enabling sales, business development, and leadership to track progress against goals and better utilize available capacity Business Development Manager InfoSpace, Bellevue WA 2003 to 2005 • Identified and negotiated strategic and corporate -level partnerships involving distribution of InfoSpace's proprietary metasearch feed • Partnered with industry -leading and boutique networks to leverage sales team's expertise and bolster the strength of our search results product Business and Inventory Analyst go2net.com/InfoSpace, Seattle WA 2000 to 2003 • Created and presented set of daily advertising inventory forecasts that allowed sales and business development teams to better monetize all Go2net-owned properties • Worked with executive management to compile monthly and quarterly business review packets containing key business and financial metrics as well as variance analysis that were then presented to business owners and stakeholders Skills • Detail oriented - Specialize in product/program/organization forecasts, FP&A, P&L optimization, KPI initialization and observation, variance analysis, and resource maximization 9 87 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 • Negotiator— Experience negotiating in business and crisis situations, thrive in ambiguity, take pride in individual and team performance through the taking of measured risks and honest conversations • Technology Focused — Leveraged Power BI and PowerPivot to assemble data from disparate sources and provide executive -level reporting and analysis Volunteer Work • Screening round judge for 2018/2019 Harriet Stephenson Business Plan Competition, Albers School of Business and Economics at Seattle University • Coach (and over -involved father) for Tahoma Lacrosse Club 2013 — 2016, Basketball Club 2012-2014, Tee -ball 2008 11 C 88 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Commander Philip Glover Tukwila Police Department Experience 2024 — PRESENT Comman er / City a ""lrul u Ra, A 1..5005 Tukwila II nternationaill3lvd„elt Tukwiiia„ WA (206) 431-3893'L p.giover@tulkwilawa.zo VWI Voiunteered to accept a proviisionai appointment of Patroi Commander.. Responsibilities include. leading .four patroi sergeants and 32 patroi officers,, maintaining the Patroi scheduie, coordinating training, and overseeing policy implementation and compliance for the Patrol Division. Manage criiticai incidents, handle stakeholder commendations and compiaiints,, and impiement staffing and budget allocations for equipment and training„ Provide employee feedback on performance during annuai reviews„ Review officer and sergeant uses of force, accidents, and pursuits„ Additionai duties are as follows: ▪ Department Weliness Coordinator • Peer Support Coordinator • UAS Chief Piiot and Unit Commander ▪ Crisis Communications Unit Commander 2019 — 2024 erge nt )atrot / City u<vRa, ukwita, VVA Led and managed a team of officers in the Patrol Division. Direct resources to calk for service, and handle stakeholder commendations and complaints. Manage staffing and budget aliocations for equipment and training. Provide empioyee feedback on 'performance during annual reviiews.. Review officer use of .forcep accidents,and pursuits. Run day-to-day operations of police services within the, city. 1 '1 89 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 1997 — PRESENT WA„. e a Iran ....ender / VaUUey S°��,r`�.��A'- S uth King County As part of a regional South King County tealm, developed and led training (programs, trained in the use of small alums, specialty munitions, chemical agents, and high-powered riffles, supervised teams in support of seculrlrt:y, � , stronghold assaults, and over -watch' missions, aided superiors in the planning, resourciing, and execution of more than SOO operations, maintained security of local areas and performed route clearance and over -watch 'protection for visiting high --(ranking officials including the President of the United States and other heads of state whine working in tandem with the United States .Secret .Service. Manage the schedule and (budget allocations for equipment and training.. 2015 — 2019 o oofiluo ....,,,, Narcotics rnd Vice / City of "Tu <IIta, ,,,,ruk ita, A Planned and conducted financial and organized crime investigations specifically related to human trafficking while collaborating with federal) agencies such as the II= F311, IUII::A, Ail IF, and AIRS„ Recruited, managed, and deployed confidential informants to infiltrate illegal narcotics operations. Supervise detectives during operations and day-to-day tasks. 2004 — 2015 )etec iiv Major Crimes / City of,,, ukwiita, " uk liRa, WA investigated financial and organized crimes, directed criminal investigations of violent crimes such as domestic violence„ sexual assault, robbery, theft, and homicide, utilized forensic interviewing techniques for victim statements and suspect interrogations, collected, analyzed, and interpreted information, conducted personnel background investigations for potential law enforcement candiidates,, and (presented evidence at criminal trials. Supervised detectives during operations and day-to-day tasks„ 2001— 2004 etectiv Narcotics and Vice / City of ,,, u li t o, ,,,11 u <lito, WA Planned and conducted investigations specifically related to street --level drug and vice -related crimes. Reclruited,, (managed, and deployed confidential informants to infiltrate illegal narcotics operations., 1993 — 2001 tIr • U, Officer / City of uI <wii ta, u I<wii ta, v/y/A Actively patrolled assigned areas to prevent and detect chime, secured crime scenes, gathered evidence, 12 90 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 talked regularly to citizens to establish rapport in marginalized neighborhoods to gain trust investigated and reported crimes, accidents, offenses, and property damage,, and evaluated complaints and emergency requests to determine, the appropriate response.. De-escalated volatile situations towards non-violent solutions. Field training officer,, defensive tactics instructor,, and firearms instructor, 1990 — 1993 Manager / Olney S -noes, u A Managed retail store day-to-day operations including leadership, hiring, merchandising, audits, scheduling, and employee relations. Education JUNE 1992 3achetor of Arts University a Major in Society and Justice JUNE199 .Ass ci te Arts / Accomplishments evue asl iingtsn, Seatt. oi e 1111 Bellevue ▪ Graduate; of the West Point Modell 11....eadership for Enforcement course ▪ Certificate of Appreciation awarded by the 11:::)1EA for outstanding contributions in the field of drug law e;nforcernent Nace in four nationat taw enforcement sniper competitions • 1999 Certificate of Commendation for involvement in WTO riots • 2 OS Certificate of Commendation for response to a deadly shooting incident ▪ 2 13 Ennployee of the Quarter for investigative work and crime prevention efforts 2 23 Employee of the Quarter for work towards peer support and officer wellness 12 91 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Certifications • 1 t Il....evel Supervision • Peer Support •....earn I1....eader • 11==iirear rrns Ilinstructor • IF::ie?ld Training bffiicer (former) • Defensive Tactics Instructor (former) • Crime scene investigations • Interviewing and interrogations • Cellular phone/computer/video forensics • Surveillance and undercover operations • Ilnstructor development • Criimiinal iinvestiigatiions • Speciial Weapons and Tactics (SW.Af) • State taw enforcement sniper instructor • .ractiical Emergency Casualty Care... NAIEEIMil 92 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Thomas McLeod, Mayor Police Department - Eric Dreyer, Chief TO: WASPC Grant Review Board FROM: Tukwila Police Department BY: Jake Berry, Police Department Budget and Grants Analyst DATE: March 3rd, 2025 SUBJECT: Narrative for 2025 Mental Health Field Response Team Grant Program Introduction to the Introduction The Tukwila Police Department, in a frantic effort to provide funding for a program that we deem a basic necessity and a terrific service to our community, has submitted applications to both the WASPC Arrest & Jail Alternatives Grant and the WASPC Mental Health Field Response Teams Grant. Both applications are seeking funding to continue our Mental Health Co -Responders Program and are very similar to one another. We recognize that the services provided by our Co -Responder Program more closely align with the stated goals of the Mental Health Field Response Teams Grant and, after a conversation with WASPC's Jamie Weimer, we are selecting that grant as our preferred source of funding. If, however, we are selected as award recipients for both grants, we will document a "separation plan" to ensure funds awarded for specific aspects of each grant program are spent only on those allowable programs. Introduction to Tukwila The City of Tukwila is unique. To most people it's a commercial and industrial hub that sits at the crossroads of Interstates 5 and 405, just east of SeaTac Airport and attracts around 150,000 shoppers, employees, and visitors daily. To others, it's "South Seattle" despite having been incorporated as a city nearly 117 years ago and having been the Salish Tribe's ancestral lands for centuries prior. To its long-time residents, Tukwila is a welcoming city of distinct neighborhoods full of vibrant shops, restaurants, and abundant reasons to grow roots and raise families or to live amongst their neighbors. To many of Tukwila's newest residents, Tukwila is their first taste of America. As a sanctuary city, many immigrants are placed in our city and choose to stay here. They come from all over the world seeking stability, hope, safety, and a place to call home. In fact, our diversity is something that we are most proud of. According to the 2020 US Census, the City of Tukwila counted 21,798 residents with 72% of those identifying themselves as non -white. Furthermore, the New York Times named the Tukwila School District the most diverse in the nation with 71 % minority students and a whopping 40 distinct languages spoken. While many cities embrace diversity in their annual reports and plans, Tukwila lives it. That's just counting Tukwila's registered residents. The Tukwila community is much larger than just its 21,798 as counted in the Census. Tukwila is a temporary home to many of society's most vulnerable people. Many unhoused immigrants, partially housed individuals and families, and homeless people of all ages have come to Tukwila from neighboring cities, states, and countries near and far. Tukwila Justice Center • 15005 Tukwila International Boulevard • Tukwila, WA 98188 • 206-433-1808 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 93 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 WASPC Mental Health Field Response Team Grant Program (Submitted for Review) March 3rd, 2025 Page 2 The City of Tukwila is not without its challenges, though. Over 13% of residents live at or below the poverty line and 89% of students at Cascade Elementary School qualify for free or reduced lunch. According to the FBI's Uniform Crime Report statistics, there were 224 violent crimes and 4,003 property crimes in Tukwila per 100,000 residents in 2023. WASPC's 2023 annual report on crime in Washington State listed Tukwila's crime rate per 1,000 residents at 280.9 compared to Seattle's 90.8. It's important to note that these figures are not comparing "apples to apples" though. Due to Tukwila's daily influx of visitors, employees, and shoppers our daytime population far surpasses our actual count of residents. Our significant migrant and unsheltered populations are not counted in those figures. Still, crime is a concern in Tukwila and the Police Department is addressing it head-on in two significant ways: increased staffing and a Certified Mental Health Co -Responder Program. Due to environmental factors such as COVID, an economic recession, and emotional feelings towards policing, the Tukwila Police Department experienced a number of vacancies and frozen positions for a few years. Once the aforementioned factors eased and the positions were unfrozen, filling those vacancies took time and resources. However, we are proud to state that nearly all of our budgeted positions have recently been filled and the Department is close to full staffing for the first time in many years. Getting the right people added to the roster and in the right seats will no doubt ease some of the pressure of our high crime rate. Meeting the Need: Tukwila's Certified Mental Health Co -Responder Program Another significant means for the Department to address its crime rate is its Certified Mental Health Co -Responder Program. We realize that a meaningful portion of police contacts in our city pertain to Community Members who are suffering from a myriad of ailments related to behavioral, psychological, and substance use disorders. While it's often easier for the officer to arrest these individuals when they've committed low-level offenses or to whisk them off to a primary care facility such as an emergency room, in the long run this track is often not better for the community member, the officer, the hospital, or for society. Sometimes confinement is the best course, and that option remains open to our officers. But many times, better options are available. Options that take time, resources, and an expert -level understanding of the root cause of the issues. The goal of our new program would be to professionally, humanely, and safely respond to crises involving persons with behavioral health issues and offer them treatment/diversion and to assist in reducing incarceration rates. The Department first introduced our Co -Responder program in 2021 with one Certified Mental Health Practitioner. We spoke with several other departments with similar programs and discussed their successes, challenges, what they'd do differently, and what they'd learned. With tremendous support from City leadership and armed with knowledge shared by those ahead of us, we bootstrapped our program using funds from the Police Department's Narcotics Seizure Fund. We recognized that our officers undergo a great deal of training, both required and incremental, and have nearly -boundless skillsets, but we also know that a certified mental health practitioner has dedicated their working lives to understanding how to help these vulnerable individuals. The Police Department reached out to the Tukwila branch of Sound Mental Health and asked them for input and assistance. The team at Sound Mental Health has been amazing. They arranged for one of their Certified Mental Health Practitioners to join Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 94 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 WASPC Mental Health Field Response Team Grant Program (Submitted for Review) March 3rd, 2025 Page 3 our Police Department on a contractual basis as a Co -Responder. The idea was for this mental health expert to integrate themselves into the Patrol division of the Tukwila Police Department and to become a member of that team. The Co -Responder would work four days a week and report to the Patrol Commander. The Co -Responder was fitted with a new bullet - resistant vest, uniform, boots, radio, and other tools to increase their safety. The first year of our trial program was a success, both in terms of contacts and in lessons - learned. We assisted dozens of individuals but quickly learned that one Co -Responder wasn't enough. An additional Co -Responder was needed to assist individuals in need on days the current Co -Responder wasn't working. At about this time, we learned of the Association of Washington Cities' Alternative Response Team Grant and the funding that was available. The central theme of our application was our need for funding for a second Co -Responder, based on the success of the first. Funds were awarded, a revised agreement with Sound Mental Health provided a second Co -Responder, and we were again off and running with coverage seven days a week. We have re -applied for this same grant three years in a row and have been awarded each time. We have learned a great deal from our partners at the Association of Washington Cities and from their Jacob Ewing in particular. Unfortunately, their grant program has a maximum tenure of three years and, as of June 30th 2025, we'll have "aged -out" of their program and are again in need of financial assistance. Structure of Tukwila's Co -Responder Program As mentioned previously, Tukwila's two Certified Mental Health Co -Responders live within our Patrol Division and, since their workdays span those of our patrol crews, the Co -Responders report directly to the Patrol Commander for all Tukwila matters. This provides them with continuity of leadership and a single point of contact. Each works a ten-hour shift: one Co - Responder works Sunday/Monday/Tuesday/Wednesday while the other works Wednesday/Thursday/Friday/Saturday. Wednesday provides them with an "overlap" where they can meet with each other to discuss successes, challenges, opportunities discovered and to decompress in each other's company. Oftentimes they will schedule meetings with Co - Responders from other jurisdictions together to share experiences and !earnings. Other than being employees contracted from Sound Mental Health, our two Mental Health Practitioners are considered members of the Tukwila Police Department's Patrol team. Nothing differentiates them from any other member of our Department. They are fully integrated into police operations and are depended upon daily. They carry police radios, have their own call signs, and listen for calls that might benefit from their skills. They are able to self -dispatch or go out on patrol to meet with clients on their own (but frequently request an officer escort). Our dispatching agency, Valley Communications, knows of our team's work and frequently adds them to calls involving potential clients. The Co -Responders are immediately available to our officers and to our community. It's important to note that we take their safety seriously. Both members of our team are not only outfitted with safety gear (provided by the department) but they went through a police Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 95 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 WASPC Mental Health Field Response Team Grant Program (Submitted for Review) March 3rd, 2025 Page 4 "mini -camp" before they hit the streets. During this time they met and rode with officers to learn about police operations, awareness, and safety protocols. The two primary actors overseeing the Co -Responder Program are the Patrol Commander and the Department's Public Safety Analyst: Program Supervisor: The Patrol Commander oversees the Co -Responder Program and addresses their needs. That individual reports to the Deputy Chief of Police, who oversees all Police Operations. Our current Patrol Commander is Phil Glover and, having been employed by the Tukwila Police Department since 1993, he's collected knowledge and expertise from a great deal of our organization's history. He also oversees our department's wellness program, which caters to the belief that healthier officers contribute to healthier communities. All of Commander Glover's time spent working with our Co -Responder Program is covered by Tukwila and can be considered an in -kind contribution. Program Manager. The responsibility of managing grants, the costs, and reporting of the Co -Responder program falls to the Police Department's Public Safety Analyst Jake Berry (who is authoring this grant application). The Analyst reports directly to the Chief of Police. He has been employed by the Tukwila Police Department since 2009 and served the first ten years of his career there as a Patrol Officer before suffering a career -ending on -duty injury. Prior to joining the Tukwila Police Department, Jake graduated from the University of Idaho with a degree in Finance, graduated from Seattle University with a Masters in Business Administration, and worked in the private sector for nearly ten years. All of Jake's time spent working on the Co -Responder Program is covered by Tukwila and can be considered an in -kind contribution. Of course, the two most important people in our Co -Responder Program are the Co - Responders themselves. For the duration of our program, we've been fortunate to have been blessed with professional and caring Co -Responders provided by Sound Mental Health with minimal turnover. To date, we've employed three Co -Responders. Our first one, the one that helped pioneer our program, returned to her family's home in Minnesota after ensuring our program was well -established. We believe that part of our program's enduring success relies on Tukwila's vulnerable community becoming familiar with our Co -Responders, and vice versa. Familiar faces impart a degree of confidence with each client contact. Tukwila's Co -Responder Program: Goals, Objectives, and Timeline The goals, and how our Program has addressed each, of Tukwila's Co -Responder Program are listed below. Regarding a timeline, we are actively pursuing each of these goals daily. 1. Decrease the number of arrests for those community members who are eligible. From the inception of our Co -Responder Program, we have strongly believed that jail isn't the panacea that it was once believed to be. Some people do things that make jail a necessity. But for others, many others, jail is often nothing but an easy way out for everyone but the person going to jail, with only marginal longer -term benefits for the Phone: 206-433-1800 • Email: Mayo r TukwilaWA.gov • Website: TukwilaWA.gov 96 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 WASPC Mental Health Field Response Team Grant Program (Submitted for Review) March 3rd, 2025 Page 5 community. We believe that those suffering behavioral/psychotic or substance -induced afflictions who have committed non-violent offenses are often better served by a treatment -first program, which starts with our Certified Mental Health Practitioners being on -scene with officers. 2. Increase the access to and use of non -emergency community behavioral health services. One of the cornerstones of our Co -Responder Program is the ability of our Co -Responders to "self -dispatch". They have radios programmed to Tukwila traffic and they have assigned vehicles. If they hear a call over the radio and believe they can help, they go. They aren't fools, if they arrive on scene and they determine it's not yet safe, they'll wait and observe. But once things cool down, our Co -Responders work as a team with the on -scene officers to determine the best course of action for the subject. Often times, that best course does not involve jail or an Involuntary Treatment. Sometimes, often, a longer -term approach is more appropriate. Armed with a substantial knowledge of the region's relevant resources, these instances are perfect opportunities for our Co -Responders to utilize the region's non -emergency community behavioral health services. 3. Reduce utilization of emergency services. Much like how we viewed jail prior to our program, invoking the Involuntary Treatment Act was a quick fix but without a longer - term solution. We often committed a subject with behavioral/psychotic/substance abuse issues to local emergency rooms and "hoped" that the teams there could provide relief for the sufferer's condition. In reality, though, the emergency -department teams at our local hospitals were dealing with innumerable other issues that were often life - dependent. Accordingly, the needs of the person that we'd brought in were triaged and addressed after they'd waited, sometimes for hours. When (if) they eventually did get to meet with an ER psychologist, the immediate episode had often dissipated and the doctor had very little to observe and diagnose. While this act did provide some temporary calm for the city, it did very little for the health of the individual nor for the longer -term peace of Tukwila. By introducing our Co -Responders early, often during the initial interaction between subject and officers, they are able to make initial observations and then build upon them once their safety has been insulated. These conversations between the subjects being questioned and our Co -Responders allow our professionals to determine whether the subject would likely benefit from a visit to the emergency department or whether a less acute, longer -term, and resource -based approach is more suitable. Traditional hospitals are still sometimes the answer, but not as frequently as they used to be. Supporting Statistics: Since the introduction of our Co -Responder Program in 2021, we've reduced the annual frequency of involuntary treatments from 147 to 94, a reduction of 36%. Phone: 206-433-1800 • Email: Mayo r TukwilaWA.gov • Website: TukwilaWA.gov 97 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 WASPC Mental Health Field Response Team Grant Program (Submitted for Review) March 3rd, 2025 Page 6 4. Increase resilience, stability, and well-being for clients served. The introduction of Co - Responders to applicable calls and their impact on our Patrol teams has been significant. Not only is the team able to take the lead on many behavioral/psychotic/substance abuse related incidents and provide non jail and non- ITA solutions in the hopes for longer -term stability for our vulnerable community members, they also teach our patrol teams a level of "psycho -education" (a term provided by our initial Co -Responder), which empowers our officers with more empathy for those with severe and persistent behavioral health concerns. This empathy is a sort of emotional intelligence that arms officers with the knowledge of how their own emotions impact their actions which then have an impact on the actions and emotions of the subject with whom they are trying to keep the peace. These small but significant first steps at the scene of an incident can pave the way for the subject to not only be eligible for longer -term assistance but can also deescalate situations that might have ended in a use of force not long ago. In fact, Tukwila Police Officers used force 71.7% fewer times in 2023 than they did in 2016. This can be attributed to many factors (legislation, external events, etc) but at least one contributing factor is the presence of our Co -Responders. Tukwila prides itself on having some of the best trained officers in the country but even the best of us isn't able to provide the quality and depth of care as well as Mental Health Practitioners who have dedicated their lives to the art (it's actually a science, but it feels like an art). Further, contracting with Sound Mental Health for these Mental Health Co -Responders ensures that the personnel we work with are familiar with the area's challenges, opportunities, and available resources and they remain trained on current methodologies and techniques. Having Mental Health Experts on -hand for these types of calls increases the likelihood that the subjects in crisis have a better chance at utilizing longer -term solutions, increasing the odds of them becoming stable, resilient members of the community. This also tilts the scales away from incarceration. Not just the once, the teams help to create a path away from jail for these subjects that can reduce their visits to jail several times, relieving our judicial system of dozens of intakes each year. Fewer trips to jail, more meaningful interactions with the police, and a team to help not only explain a path but to also guide them down that path will all promote self-worth, resilience, stability, and an improved well-being for many of our community members. 5. Reduce the costs for the justice system compared to processing cases as usual. First and foremost, the Tukwila Police Department is committed to the safety, security, and stability of the Community of Tukwila. However, there are some benefits to our Co - Responder Program that are more fiscal in nature. By reducing arrests, using force less frequently, and reducing the likelihood that a person in crisis will commit future jailable Phone: 206-433-1800 • Email: Mayo r TukwilaWA.gov • Website: TukwilaWA.gov 98 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 WASPC Mental Health Field Response Team Grant Program (Submitted for Review) March 3rd, 2025 Page 7 offenses, we believe that our Program reduces the costs of not just the Tukwila Municipal Court system but also that of King County and beyond. The actual dollars saved by not needlessly entering someone into the judicial system doesn't tell the whole story. The larger impact may be that our justice systems have more resources available to work with those in the system for good reason rather than splitting their funds and time on larger, more impactful cases with less meaningful cases that don't have the same potentiality of longer -term solutions. In fact, our team of Co -Responders works frequently with the Tukwila Municipal Courts, providing outreach not just with our police officers but also as some individuals work their way through the judicial system. How Many People Does Our Program Serve and How Does It Serve Them? We believe our Co -Responder Program ultimately serves the greater Tukwila community. Each time our team works with a client and is able to provide non -arrest resources or guide a client onto a more stable path, there is a chance that the client will no longer present a criminal or civil disturbance to the community again. However, because our program has been active since 2021, we have more tangible data regarding the number of clients served. Since the Program began in 2021 our Co -Responders have participated in 1,645 calls for service through the end of 2024. This doesn't count the numerous walk-ins and isn't a count of clients served. It's a measure of how active our Co -Responder team is and how frequently our community calls upon them for assistance. In the table below, you can see that our team began in 2021 with one Co -Responder who spent a great deal of time on administrative tasks, forging the future and establishing a foundation. 2022 was her first full year and the number of calls she attended went from 43 to 330. In 2023 our Co -Responder team grew to two Mental Health Providers and the count great further to 465. This past year, 2024, we are proud to report that our Co -Responders attended 807 dispatched calls for service. Co -Responder Calls Attended 2021 2022 2023 2024 43 330 465 807 One data point that might at first seem inconsequential at first is the number of follow-ups our team responded to. Most of these were previously -contacted clients that had called 911 and requested another meeting with one of our Co -Responders. In 2021 the number of these instances was 7. It grew to 62 in 2022, then 61 in 2023, and finally to 56 in 2024. In an acute show of direct -impact and instant -need the team responded to two suicidal threats in 2021. In 2022 that number grew to seven. In 2023 it was 48 and then 59 in 2024. Their most frequent type of call response by far was welfare checks. These could be either the team going out and initiating contact themselves or, more frequently, someone had called 911 asking that someone else be checked on. In 2021 the team responded to 18 welfare checks. In 2022 that number grew to 108. In 2023 it was 202 and then 410 in 2024. Phone: 206-433-1800 • Email: Mayor TukwilaWA.gov • Website: TukwilaWA.gov 99 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 WASPC Mental Health Field Response Team Grant Program (Submitted for Review) March 3rd, 2025 Page 8 Not only is each of the 1,645 responses a direct measure of the team's impact on our community; each of those calls is an opportunity for the team to hone their skills, better their craft, and to build trust with clients. The table below details the outcomes of our Co -Responders' contacts for the past two years. The numbers show a few interesting things. First, the combined "Refused" and "Services Declined" numbers are extremely low. This shows the ability of our Team to connect with individuals and their ability to help clients understand their need of assistance. Referrals are being provided a high percentage of time and follow-ups and updates are being provided often. The more our team is able to connect, and reconnect, with clients, the better the chances they stay out of jail and are able to stay in treatment. Contact Resolutions 2023 2024 Outreach Attempt 29 100 Person Check -In Only 64 180 Referral Completed 54 92 Refused 1 5 Service Provider Follow Up 62 43 Services Declined 11 29 Services Offered 45 119 Services Provided 40 97 Treatment Update 20 85 Description of Services Provided by our Mental Health Co -Responders Because our Co -Responders more closely align themselves with crisis responders, they partner and communicate with multiple agencies and community partners that provide stabilization services for clients that are in need for these services. We frequently work with many non-profit organizations as well as King County Designated Crisis Responders in this capacity. From the data provided in the "Number of People Served" section above, you see that our Co - Responders are often dealing with clients with either suicidal intentions or suicidal ideations. In these cases, our team relies on motivational interviewing and trauma informed care methods for assessing participants for dangers to self and others. When it comes to our Mental Health Practitioners keeping themselves safe, a great deal of trust is placed on our patrol officers. Upon hiring, our Practitioners spend a great deal of time with officers to learn how best to stay safe. This includes operations briefings, ride-alongs, and debriefings. Once the Practitioners are on the street, they rely on their training and are urged to request an officer to standby at any time they feel uneasy. Most often, our Practitioners are co -dispatched with officers and the officers make the initial scene safe and often stick around to help through the duration of the contact. Because our Practitioners are considered members of our patrol group and are officially "Co -Responders", they each rely on the other a great deal. Phone: 206-433-1800 • Email: Mayo r TukwilaWA.gov • Website: TukwilaWA.gov 100 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 WASPC Mental Health Field Response Team Grant Program (Submitted for Review) March 3rd, 2025 Page 9 "High utilizers" are often referred directly to a recovery navigator as well as other inpatient and outpatient resources. For example, we've made referrals to Evergreen Treatment Services for methadone treatment and to Swedish Ballard's treatment program for pregnant women with substance abuse issues. Referrals are also made to the Mobile Crisis Team and to the Crisis Solution Center. Budget and Use of Grant Funds The Tukwila Police Department pays Sound Mental Health $17,000 each month. For this, Sound Mental Health provides us with our two Co -Responders and ensures that they continue to be properly trained and they provide oversight and serve as a reference for our Mental Health Practitioners. That amounts to $204,000 each year and $408,000 for the two-year grant period. The Tukwila Police Department covers all other costs associated with the Program. These costs include time spent managing the operations of the Program (Commander Glover and PD Analyst Jake Berry) as well as all equipment, uniforms, vehicles, and supplies the Practitioners need. I have estimated the cost of this in-kind/local-match contribution to be around $10,000 each year. The costs are greater at start-up because they include higher-cost/longer-duration items such as police radios and bullet -resistant vests (which are replaced according to NIJ and CJTC guidelines). Items such as uniforms, gear, footwear, etc are all covered by Tukwila and are replaced as needed. If awarded, 100% of grant funds provided by WASPC will go towards the Sound Mental Health contractual fee that provides the Police Department with their two Co -Responders. If Sound Mental Health has to increase the costs upward from $17,000 per month, Tukwila will cover the incremental costs. Our goal is to make this grant partnership as close to a risk-free/worry- free investment as possible for WASPC. Conclusion The Tukwila Police Department, the City of Tukwila, and our Community are all very proud of the achievements made by our Co -Responders and the jail alternatives they have provided for the past several years. We consider each person, regardless of where they came from, how long they've been here, or the afflictions they're suffering to be a member of our community. As such, they each deserve the best and most comprehensive service we can provide. A key part of those services, and an integral part of our Tukwila Team, is our Mental Health Co - Responders. We've seen the impact they make on a daily basis. An impact made not only with the many clients they serve but also with the officers and command staff with whom they work. Jail is an answer, not the answer. Through the collaborative efforts of our Co -Responders and the teams they work with, alternatives to jail are becoming more and more a norm as we seek longer -term solutions for our community. With the traction we've gained and the momentum we've gathered, we expect this investment to pay meaningful dividends for years to come. We sincerely thank the Washington Association of Sheriffs and Police Chiefs and welcome the partnership that this grant program would provide. Phone: 206-433-1800 • Email: Mayo r TukwilaWA.gov • Website: TukwilaWA.gov 101 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Thomas McLeod, Mayor Police Department - Eric Dreyer, Chief TO: WASPC Grant Review Board FROM: Tukwila Police Department BY: Jake Berry, Police Department Budget and Grants Analyst DATE: March 3', 2025 SUBJECT: Program Timeline for 2025 Mental Health Field Response Team Grant Program Implementation Timeline: Tukwila's Co -Responder Program is established and operating today. We've endured our growing pains, learned from our challenges, and have built a program that our entire community is proud of. More than that, we've built a program that our community depends on. Our implementation timeline is non-existent. Grant funds invested in our Program will go directly towards ensuring that our Program "lives" for at least another two years. These two years are critical as it will give the City time to plan for its next biennial budget cycle to include this program within its General Funds budget. An investment here will have an immediate, and known, impact. We have the pieces and parts in place. Everyone, from our Mental Health Co -Responders, patrol officers, patrol leadership, grants manager, and our city leadership understands their roles and have been operating in them well for years. Tukwila Justice Center • 15005 Tukwila International Boulevard • Tukwila, WA 98188 • 206-433-1808 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 102 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Budget Worksheet ***THIS IS A MULTI YEAR BUDGET WORKSHEET*** Please ensure that you provide all relevant informaton for each year. 103 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Budget Worksheet Year 1 April 1, 2024 - June 30, 2024 Budget Worksheet Purpose: The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All required information (including narrative) must be provided. Any category of expense not applicable to your budget may be left blank. A specific area is available at the end of this spreadsheet that allows for the identification and description of funds or items to be provided as program matching funds (cost sharing). Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 A. Personnel - List each position by title and name of employee, if available. Show the annual salary rate and percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Include a description of the responsibilities and duties of each position in relationship to fulfilling the project goals and objectives. (Note: Use whole numbers as the percentages of time, an example is 25.50% should be shown as 25.50) Name Position Computation Cost Salary Basis Percentage of Time Length of Time $ - $ - $ - $ - $ - TOTAL Personnel $ - Personnel Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 O O7 B. Fringe Benefits - Fringe benefits should be based on actual known costs. List the composition of the fringe benefit package. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Workman's Compensation and Unemployment Compensation. (Note: Use decimal numbers for the fringe benefit rates, an example is 7.65% should be shown as .0765) Description Computation Cost Base Rate $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL Fringe Benefits $ - Fringe Benefits Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 C. Travel - Itemize travel expense of staff and personnel by purpose (e.g., staff to training, advisory group meeting, field interviews, etc.). Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known; or if unknown, indicate "location to be determined." Note: Travel expenses for consultants should be included in the "Contractual/Consultant" category. Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: _ Airfare Local Travel - Other _ Baggage Fee Subtotal - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 O co Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ _ Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - TOTAL Travel $ - Travel Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 O D. Equipment - List non -expendable items that are purchased (Note: Organization's own capitalization policy for classification of equipment should be used). Expendable items should be included in the "Supplies" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project, and describe the procurement method to be used. Item Computation Cost Quantity Cost $ - $ - $ - $ - TOTAL Equipment $ - Equipment Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 E. Supplies - List items by type (office supplies, postage, training materials, copy paper, and expendable equipment costs costing less than $5,000, such as books, hand held recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the project. Supply Item Computation Cost Quantity/ Duration Cost $ - $ - $ - $ - $ - $ - TOTAL Supplies $ - Supplies Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 N F. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8 hour day), and estimated time on the project. Consultant fees in excess of $450 per day or $56.25 per hour require additional justification and prior approval from WASPC. Name of Consultant Service Provided Computation Cost Fee Basis Quantity $ - $ - $ - $ - Subtotal Consultants $ - Consultant Fee Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (i.e., travel, meals, lodging, etc.). This includes travel expenses for anyone who is not an employee of the applicant such as participants, volunteers, partners, etc. Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other - Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other - Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Lodging Meals Mileage Transportation: Local Travel Other Subtotal $ Subtotal Consultant Expenses $ TOTAL Consultants $ Consultant Expenses Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole -source contracts in excess of $100,000 Item Cost Sound Mental Health Contract/Agreement $ 204,000.00 $ - $ - $ - TOTAL Contracts $ 204,000.00 Contracts Narrative Contract with Sound Mental Health provides for two Certified Mental Health Practitioners Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 0) G. Other Costs - List items (e.g. rent, reproduction, telephone, janitorial, or security services) by major type and the basis of computation. For example, provide the square footage of the cost per square foot for rent or provide a monthly rental cost and how many months to rent. The basis field is a text field to describe the quantity such as square footage, months, etc. Computation Description Quantity Basis Cost Length of Time Cost $ - $ - $ - $ - $ - TOTAL Other Costs $ - Other Costs Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Budget Summary - When you have completed the budget worksheet, the totals for each category will appear in the spaces below. Verify the category and total dollars requested. Funding Request Summary Budget Category Amount Requested A. Personnel $ - B. Fringe Benefits $ - C. Travel $ - D. Equipment $ - E. Supplies $ - F. Consultants/Contracts $ 204,000.00 G. Other $ - TOTAL GRANT REQUEST $ 204,000.00 Local Match - Use the space below to identify and describe the dollar amounts or items that will be provided as local match or cost sharing for your program. Note that everything listed here must be in conformance with 2 CFR § 200.306. All other costs associated with the program are covered by the Tukwila Police Department. This includes time spent by the Patrol Commander, Financial Analyst, and other personnel. All supplies and equipment (radios, uniforms, boots, bullet -resistant vests, etc) are provided by the Department. The Local Match below is an estimate. PROJECT COST TO APPLICANT (NOT INCLUDING FIGURES ABOVE) $ 204,000.00 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 CO LOCAL MATCH (IF APPLICABLE) OVERALL PROGRAM VALUE $ 10,000.00 4 $ 214,000.00 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Budget Worksheet Year 2 July 1, 2024 - June 30, 2025 Budget Worksheet Purpose: The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All required information (including narrative) must be provided. Any category of expense not applicable to your budget may be left blank. A specific area is available at the end of this spreadsheet that allows for the identification and description of funds or items to be provided as program matching funds (cost sharing). Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 O A. Personnel - List each position by title and name of employee, if available. Show the annual salary rate and percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Include a description of the responsibilities and duties of each position in relationship to fulfilling the project goals and objectives. (Note: Use whole numbers as the percentages of time, an example is 25.50% should be shown as 25.50) Name Position Computation Cost Salary Basis Percentage of Time Length of Time $ - $ - $ - $ - $ - TOTAL Personnel $ - Personnel Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 B. Fringe Benefits - Fringe benefits should be based on actual known costs. List the composition of the fringe benefit package. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Workman's Compensation and Unemployment Compensation. (Note: Use decimal numbers for the fringe benefit rates, an example is 7.65% should be shown as .0765) Description Computation Cost Base Rate $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL Fringe Benefits $ - Fringe Benefits Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 C. Travel - Itemize travel expense of staff and personnel by purpose (e.g., staff to training, advisory group meeting, field interviews, etc.). Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known; or if unknown, indicate "location to be determined." Note: Travel expenses for consultants should be included in the "Contractual/Consultant" category. Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: _ Airfare Local Travel - Other _ Baggage Fee Subtotal - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ _ Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 IV Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - TOTAL Travel $ - Travel Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 D. Equipment - List non -expendable items that are purchased (Note: Organization's own capitalization policy for classification of equipment should be used). Expendable items should be included in the "Supplies" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project, and describe the procurement method to be used. Item Computation Cost Quantity Cost $ - $ - $ - $ - TOTAL Equipment $ - Equipment Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 E. Supplies - List items by type (office supplies, postage, training materials, copy paper, and expendable equipment costs costing less than $5,000, such as books, hand held recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the project. Supply Item Computation Cost Quantity/ Duration Cost $ - $ - $ - $ - $ - $ - TOTAL Supplies $ - Supplies Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 F. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8 hour day), and estimated time on the project. Consultant fees in excess of $450 per day or $56.25 per hour require additional justification and prior approval from WASPC. Name of Consultant Service Provided Computation Cost Fee Basis Quantity $ - $ - $ - $ - Subtotal Consultants $ - Consultant Fee Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 CO Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (i.e., travel, meals, lodging, etc.). This includes travel expenses for anyone who is not an employee of the applicant such as participants, volunteers, partners, etc. Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other - Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other - Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Lodging Meals Mileage Transportation: Local Travel Other Subtotal $ Subtotal Consultant Expenses $ TOTAL Consultants $ Consultant Expenses Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 W O Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole -source contracts in excess of $100,000 Item Cost Sound Mental Health Contract/Agreement $ 204,000.00 $ - $ - $ - TOTAL Contracts $ 204,000.00 Contracts Narrative Contract with Sound Mental Health provides for two Certified Mental Health Practitioners Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 G. Other Costs - List items (e.g. rent, reproduction, telephone, janitorial, or security services) by major type and the basis of computation. For example, provide the square footage of the cost per square foot for rent or provide a monthly rental cost and how many months to rent. The basis field is a text field to describe the quantity such as square footage, months, etc. Computation Description Quantity Basis Cost Length of Time Cost $ - $ - $ - $ - $ - TOTAL Other Costs $ - Other Costs Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 W N Budget Summary - When you have completed the budget worksheet, the totals for each category will appear in the spaces below. Verify the category and total dollars requested. Funding Request Summary Budget Category Amount Requested A. Personnel $ - B. Fringe Benefits $ - C. Travel $ - D. Equipment $ - E. Supplies $ - F. Consultants/Contracts $ 204,000.00 G. Other $ - TOTAL GRANT REQUEST $ 204,000.00 Local Match - Use the space below to identify and describe the dollar amounts or items that will be provided as local match or cost sharing for your program. Note that everything listed here must be in conformance with 2 CFR § 200.306. All other costs associated with the program are covered by the Tukwila Police Department. This includes time spent by the Patrol Commander, Financial Analyst, and other personnel. All supplies and equipment (radios, uniforms, boots, bullet -resistant vests, etc) are provided by the Department. The Local Match below is an estimate. PROJECT COST TO APPLICANT (NOT INCLUDING FIGURES ABOVE) $ 204,000.00 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 LOCAL MATCH (IF APPLICABLE) OVERALL PROGRAM VALUE $ 10,000.00 4 $ 214,000.00 Docusign Envelope ID: 5110E6D2-6130-4OCC-9F99-4983506D0375 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-097(a) Council Approval 12/9/24 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Sound That portion of Contract No. 23-097 between the City of Tukwila and Sound (f/k/a Sound Mental Health) is hereby amended as follows: Section 4: Duration of agreement:p This agreement is in full force and effect commencing January 1, 2025 and ending December 31, 2025, unless sooner terminated under the provisions herein after specified. Exhibit B: Compensation and Method of Payment: 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a total of $102,000 per year ending on December 31, 2025. 2. The Contractor shall invoice the City by the 10th day of each month following the month of service. 3. The Contractor and City Agree to conduct a mid -contract review to occur approximately May 2025 to evaluate filings and compensation. All other provisions of the contract shall remain in full force and effect. CA Reviewed May 2020 134 Page 1 of 2 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Dated this 23rd day of December 2024. CITY OF TUKVVILA Signed by: 144M 114-61/t/bi, -8E E241131)545a44-c Thomas McLeod, Mayor ATTEST/AUTHENTICATED: DocuSigned by: FOR Andy Andy Your17617611:y APPROVED AS TO FORM: Signed by: Office ortiaTVAletney CONTRACTOR: Printed Name: Katrina Egner Title: President & CEO CA, Reviewed May 2020 Page 2 of 2 135 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 23-097 Council Approval 5/15/23 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 Sound (f/k/a Sound Mental Health), hereinafter referred to as "the Contractor," whose principal office is located at 6400 Southcenter Blvd, Tukwila, WA 98188. 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 $102,000. 3. Contractor Budqet. 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 Aqreement. This Agreement is in full force and effect commencing on January 1, 2023 and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. Each party shall defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers 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 either party. CA Revised May 2020 Page 1 of 4 136 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 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 4 137 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 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, CA Revised May 2020 Page 3 of 4 138 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: 6400 Southcenter Blvd Tukwila WA 98188 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 31 st day of May , 2023. CITY OF TUKWILA CONTRACTOR DS ,-DocuSigned by: Qom. 'at/r 1 F89FE09132B402... Allan Ekberg, Mayor 5/31/2023 I 3:46 PM PDT ATTEST/AUTHENTICATED: [UusfDocuSigned by: y 61-iF 88678483CB594E7... City Clerk, Christy O'Flaherty APPROVED AS TO FORM: DocuSigned by: [6.AA, 5E499CA4165E452... Office of the City Attorney DocuSigned by: Signed By•166ri" nr n4rab Printed Name and Title: Address: Katrina Egner Interim CEO 6400 Southcenter Blvd Tukwila, WA 98188 CA Revised May 2020 Page 4 of 4 139 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 City of Tukwila / Sound Exhibit A — Scope of Work The Contractor will provide de-escalation, diversions and referrals to appropriate services as further described herein by providing a mental health professional, hereafter referred to as "CoResponder", to assist Tukwila Police Department ("TPD") officers. The Contractor shall provide a CoResponder Wednesday through Saturday from 12pm-10pm to ride along with TPD officers. Sound CoResponder will accompany assigned TPD Officer to dispatched calls. The intent will be to respond to the following types / nature of calls; • Intoxication • Substance Use / Abuse • Welfare Check • Suicide Prevention, Assessment, and Intervention • Indecent Exposure • Trespass / Unwanted Person • Syringe Disposal / HRAC • Disturbance • Public Nuisance / Mental Health Crisis • Domestic Violence • Integrated Child Welfare It is understood that a TPD Officer may have to respond to other types of calls when the CoResponder is in the vehicle. The CoResponder will assist to de-escalate and provide guidance to divert individuals from jails and hospitalizations. CoResponder will follow-up with previously engaged individuals to track progress and efficacy. • Follow the direction of the officer at all times. • Provide history checks for individuals identified in calls for service and advise officer of any safety or mental health concerns prior to making contact. This will occur preferably before contact but at a minimum before determining a resolution. • Conduct In -field Assessments: o The TPD officer will instruct the CoResponder, as required, to remain in the patrol car or assist with initial contact. The CoResponder will not initiate contact with an individual until the TPD officer identifies the scene is safe and it is appropriate to do so. o CoResponder will conduct an initial assessment including a safety evaluation. {EFM2796034.DOCX;1/13175.000001 / } 140 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 o CoResponder will collaborate with the officer and coordinate a resolution and defer any legal decisions to the officer. o CoResponder will provide a follow up plan as needed. o CoResponder will insure that all documentation is completed daily. • Resolution: o Should a referral/drop-off to a facility (voluntary or involuntary) be deemed warranted, the following shall occur: • CoResponder is to contact identified facility to conduct a warm hand-off, speak to staff directly upon arrival. • CoResponder will document name and details of conversation with staff person receiving warm hand-off. • CoResponder will assist and coach the officer (as needed) in filling out any paperwork required by the facility. o Safety Plan: • If it is determined that the individual is appropriate for a safety plan the CoResponder will collaborate with the officer (as appropriate), the individual, and anyone the individual identifies (as appropriate). o CoResponder's use of a Custody Authorization: • CoResponders use of a Custody Authorization in the absence of completing a detention is to be avoided unless there is sufficient and imminent risk that if the individual is not taken in to custody that there is likely and expected harm. When a Custody Authorization is completed the CoResponder will coordinate with the officer to arrange transport. In most cases this will include having an ambulance dispatched but is at the discretion of the officer to provide transportation. CoResponder will arrive at destination facility with or shortly after the arrival of the individual to coordinate with an identified social worker. CoResponder is responsible for coordinating follow up for continued investigation pending medical clearance. Complete DCR investigation as required/indicated by including documentation, paperwork, and coordination with medical personnel. o In the event a CoResponder is expected to be off shift before the investigation can be concluded they will coordinate with the drop off/referral facility to establish appropriate coordination of care and document the identified Social Worker and clinician. • CoResponder will submit additional documentation of contact in a Word document that will later be provided to an officer. The officer will enter the document into the TPD's record keeping system (Spillman). • CoResponder and TPD officer will determine if and when the CoResponder should be returned to the TPD so that the TPD officer can continue normal patrol duties. • CoResonder Detaining in the Field: o CoResponder is to follow all the policies and procedures of conducting and completing a mental health detention as is expected, this includes: • Arriving with or shortly after the detained individual at the identified facility to coordinate with that facility's social worker. {EFM2796034.DOCX;1/13175.000001 / } 141 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 • It is to be clearly stated that the individual is detained and follow up is to occur by contacting the CoResponder directly. • In the event a CoResponder is expected to be off shift before the conclusion of a mental health detention the CoResponder will coordinate with the facility and MOCT to establish appropriate coordination of care. Document the identified Social Worker and Crisis Team clinician and the CoResponder will submit additional documentation of contact in Spillman. • TPD Officers may request follow ups for CoResponders. o CoResponders will prioritize follow ups by assessed need and provide an update to referring officer as appropriate. o Follow ups are intended to identify the best resources for clients to be referred to and to assist with coordinating those resources. o CoResponders do not carry a case load and ongoing follow up is at clinician discretion. {EFM2796034.DOCX;1/13175.000001 / } 142 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Exhibit B- Compensation and Method of Payment 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a total of $102,000 per year ending on December 31, 2024. 2. The Contractor shall invoice the city by the 10th day of each month following the month of service. 3. The Contractor and the City agree to conduct a mid -contract review to occur approximately January 2024 to evaluate filings and compensation. 143 Docusign Envelope ID: 5110E6D2-6130-4OCC-9F99-4983506D0375 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-098(b) Council Approval 12/9/24 CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and Sound That portion of Contract No. 23-098 between the City of Tukwila and Sound (f/k/a Sound Mental Health) is hereby amended as follows: Section 4: Duration of agreement: This agreement is in full force and effect commencing January 1, 2025 and ending December 31, 2025, unless sooner terminated under the provisions herein after specified. Exhibit B: Compensation and Method of Payment: 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a total of $102,000 per year ending on December 31, 2025. 2. The Contractor shall invoice the City by the 10th day of each month following the month of service. 3. The Contractor and City Agree to conduct a mid -contract review to occur approximately May 2025 to evaluate filings and compensation. All other provisions of the contract shall remain in full force and effect. CA Reviewed May 2020 144 Page I of 2 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Dated this 23rd day of December 2024. CITY OF TUKWILA Signed by: 8E524,38°545134 C.: Thomas McLeod, Nayor ATTEST/AUTHENTICATED: DocuSigned by: frieL;t1.0.41, tIC.44,--1-411-4;Cek, D682573F93F2472 FOR Andy Youn, City Clerk APPROVED AS TO FORM: Signed by: N6AA, ati-ntt Office jilVecdr5,G.5 CONTRACTOR: By: Printed Name; Katrina E9ner Title: President & CEO ,012.90.10.* CA Reviewed May 2020 Page 2 of 2 145 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 23-098a Council Approval 8/19/24 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Sound That portion of Contract No. 23-098 between the City of Tukwila and Sound (f/k/a Sound Mental Health) is hereby amended as follows: Section 4: Duration of agreement: This agreement is in full force and effect commencing January 1, 2024 and ending December 31, 2024, unless sooner terminated under the provisions herein after specified. All other provisions of the contract shall remain in full force and effect. Dated this 30th day of August, 2024 ** City signatures to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Signed by: Lib,,touts 8EE24380545B44C... Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: 3D04AB9746FA4E8. Andy Youn, City Clerk APPROVED AS TO FORM: Signed by: (� E ,‘" " A 5E499CA4165E452... Office of the City Attorney ** Contractor signature to be obtained by sponsor staff. ** CONTRACTOR: By: Printed Name: Katrina Egner Title: President & CEO CA Reviewed May 2020 146 Page 1 of 1 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 23-098 Council Approval 5/15/23 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 Sound (f/k/a Sound Mental Health), hereinafter referred to as "the Contractor," whose principal office is located at 6400 Southcenter Blvd, Tukwila, WA 98188. 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 $102,000. 3. Contractor Budqet. 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 Aqreement. This Agreement is in full force and effect commencing April 24, 2023 and ending December 31, 2023, 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. Each party shall defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers 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 either party. CA Revised May 2020 Page 1 of 4 147 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 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 4 148 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 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 Keeaina and Reaortina. 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 Aareement: 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 4 149 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 14. Severabilitv 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, WA 98188 Notices to the Contractor shall be sent to the following address: Sound Health 6400 Southcenter Blvd Tukwila WA 98188 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. DS DATED this 31st day of May , 2023. CITY OF TUKWILA CONTRACTOR DocuSigned by: L U.a.lA, 'at/r 1 F89FE09132B402... Allan Ekberg, Mayor B DocuSigned by: VIA: � � y ACCA1C1{3E87A48 ... 5/31/2023 13:51 PM PDT Katrina Egner Printed Name and Title: Interim CEO Address: 6400 Southcenter Blvd ATTEST/AUTHENTICATED: Tukwila WA 98188 [Uusf DocuSigned by: y 61F 88678483CB594E7... City Clerk, Christy O'Flaherty APPROVED AS TO FORM: DocuSigned by: c` Ste. 5E499CA4165E452... Office of the City Attorney 150 CA Revised May 2020 Page 4 of 4 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 City of Tukwila / Sound Exhibit A — Scope of Work The Contractor will provide de-escalation, diversions and referrals to appropriate services as further described herein by providing a mental health professional, hereafter referred to as "CoResponder", to assist Tukwila Police Department ("TPD") officers. The Contractor shall provide a CoResponder Sunday through Wednesday from 12pm-10pm to ride along with TPD officers. Sound CoResponder will accompany assigned TPD Officer to dispatched calls. The intent will be to respond to the following types / nature of calls; • Intoxication • Substance Use / Abuse • Welfare Check • Suicide Prevention, Assessment, and Intervention • Indecent Exposure • Trespass / Unwanted Person • Syringe Disposal / HRAC • Disturbance • Public Nuisance / Mental Health Crisis • Domestic Violence • Integrated Child Welfare It is understood that a TPD Officer may have to respond to other types of calls when the CoResponder is in the vehicle. The CoResponder will assist to de-escalate and provide guidance to divert individuals from jails and hospitalizations. CoResponder will follow-up with previously engaged individuals to track progress and efficacy. • Follow the direction of the officer at all times. • Provide history checks for individuals identified in calls for service and advise officer of any safety or mental health concerns prior to making contact. This will occur preferably before contact but at a minimum before determining a resolution. • Conduct In -field Assessments: o The TPD officer will instruct the CoResponder, as required, to remain in the patrol car or assist with initial contact. The CoResponder will not initiate contact with an individual until the TPD officer identifies the scene is safe and it is appropriate to do so. o CoResponder will conduct an initial assessment including a safety evaluation. {EFM2796034.DOCX;1/13175.000001 / } 151 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 o CoResponder will collaborate with the officer and coordinate a resolution and defer any legal decisions to the officer. o CoResponder will provide a follow up plan as needed. o CoResponder will insure that all documentation is completed daily. • Resolution: o Should a referral/drop-off to a facility (voluntary or involuntary) be deemed warranted, the following shall occur: • CoResponder is to contact identified facility to conduct a warm hand-off, speak to staff directly upon arrival. • CoResponder will document name and details of conversation with staff person receiving warm hand-off. • CoResponder will assist and coach the officer (as needed) in filling out any paperwork required by the facility. o Safety Plan: • If it is determined that the individual is appropriate for a safety plan the CoResponder will collaborate with the officer (as appropriate), the individual, and anyone the individual identifies (as appropriate). o CoResponder's use of a Custody Authorization: • CoResponders use of a Custody Authorization in the absence of completing a detention is to be avoided unless there is sufficient and imminent risk that if the individual is not taken in to custody that there is likely and expected harm. When a Custody Authorization is completed the CoResponder will coordinate with the officer to arrange transport. In most cases this will include having an ambulance dispatched but is at the discretion of the officer to provide transportation. CoResponder will arrive at destination facility with or shortly after the arrival of the individual to coordinate with an identified social worker. CoResponder is responsible for coordinating follow up for continued investigation pending medical clearance. Complete DCR investigation as required/indicated by including documentation, paperwork, and coordination with medical personnel. o In the event a CoResponder is expected to be off shift before the investigation can be concluded they will coordinate with the drop off/referral facility to establish appropriate coordination of care and document the identified Social Worker and clinician. • CoResponder will submit additional documentation of contact in a Word document that will later be provided to an officer. The officer will enter the document into the TPD's record keeping system (Spillman). • CoResponder and TPD officer will determine if and when the CoResponder should be returned to the TPD so that the TPD officer can continue normal patrol duties. • CoResonder Detaining in the Field: o CoResponder is to follow all the policies and procedures of conducting and completing a mental health detention as is expected, this includes: • Arriving with or shortly after the detained individual at the identified facility to coordinate with that facility's social worker. {EFM2796034.DOCX;1/13175.000001 / } 152 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 • It is to be clearly stated that the individual is detained and follow up is to occur by contacting the CoResponder directly. • In the event a CoResponder is expected to be off shift before the conclusion of a mental health detention the CoResponder will coordinate with the facility and MOCT to establish appropriate coordination of care. Document the identified Social Worker and Crisis Team clinician and the CoResponder will submit additional documentation of contact in Spillman. • TPD Officers may request follow ups for CoResponders. o CoResponders will prioritize follow ups by assessed need and provide an update to referring officer as appropriate. o Follow ups are intended to identify the best resources for clients to be referred to and to assist with coordinating those resources. o CoResponders do not carry a case load and ongoing follow up is at clinician discretion. {EFM2796034.DOCX;1/13175.000001 / } 153 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Exhibit B- Compensation and Method of Payment 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a prorated amount from April 24, 2023 to December 31, 2023, based on the full year contract rate of $102,000 per year for 2023. 2. The Contractor shall invoice the city by the 10th day of each month following the month of service. 154 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Budget Worksheet ***THIS IS A MULTI YEAR BUDGET WORKSHEET*** Please ensure that you provide all relevant informaton for each year. 155 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 0) Budget Worksheet Year 1 July 1, 2025 - June 30, 2026 Budget Worksheet Purpose: The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All required information (including narrative) must be provided. Any category of expense not applicable to your budget may be left blank. A specific area is available at the end of this spreadsheet that allows for the identification and description of funds or items to be provided as program matching funds (cost sharing). A. Personnel - List each position by title and name of employee, if available. Show the annual salary rate and percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Include a description of the responsibilities and duties of each position in relationship to fulfilling the project goals and objectives. (Note: Use whole numbers as the percentages of time, an example is 25.50% should be shown as 25.50) Name Position Computation Cost Salary Basis Percentage of Time Length of Time - 0 0 0 $ - $ - $ - $ - $ - TOTAL Personnel $ - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Personnel Narrative B. Fringe Benefits - Fringe benefits should be based on actual known costs. List the composition of the fringe benefit package. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Workman's Compensation and Unemployment Compensation. (Note: Use decimal numbers for the fringe benefit rates, an example is 7.65% should be shown as .0765) Description Computation Cost Base Rate $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL Fringe Benefits $ - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 01 CO Fringe Benefits Narrative C. Travel - Itemize travel expense of staff and personnel by purpose (e.g., staff to training, advisory group meeting, field interviews, etc.). Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known; or if unknown, indicate "location to be determined." Note: Travel expenses for consultants should be included in the "Contractual/Consultant" category. Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Airfare Local Travel - Other _ Baggage Fee Subtotal - Purpose of Travel Location Computation Cost Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ _ Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ _ Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost Lodging - Meals - Mileage - Cn CO Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 0) O Transportation: Local Travel Other Subtotal TOTAL Travel Travel Narrative D. Equipment - List non -expendable items that are purchased (Note: Organization's own capitalization policy for classification of equipment should be used). Expendable items should be included in the "Supplies" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project, and describe the procurement method to be used. Item Computation Cost Quantity Cost $ - $ - $ - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 $ TOTAL Equipment $ Equipment Narrative E. Supplies - List items by type (office supplies, postage, training materials, copy paper, and expendable equipment costs costing less than $5,000, such as books, hand held recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the project. Supply Item Computation Cost Quantity/ Duration Cost $ - $ - $ - $ - $ - $ - TOTAL Supplies $ - CD Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Supplies Narrative F. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8 hour day), and estimated time on the project. Consultant fees in excess of $450 per day or $56.25 per hour require additional justification and prior approval from WASPC. Name of Consultant Service Provided Computation Cost Fee Basis Quantity $ - $ - $ - $ - Subtotal Consultants $ - Consultant Fee Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (i.e., travel, meals, lodging, etc.). This includes travel expenses for anyone who is not an employee of the applicant such as participants, volunteers, partners, etc. Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ _ Lodging - Meals - Mileage - Transportation: Local Travel - Other - Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost Lodging - Meals - Mileage - Transportation: a) W Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 0) $ - Local Travel - Other - Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other - Subtotal - Subtotal Consultant Expenses $ - TOTAL Consultants $ - Consultant Expenses Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole -source contracts in excess of $100,000 Item Cost Sound Mental Health Contract/Agreement $ 137,700.00 $ - $ - $ - TOTAL Contracts $ 137,700.00 Contracts Narrative Contract with Sound Mental to provide two certified Mental Health Professionals to embed within Tukwila's patrol division. G. Other Costs - List items (e.g. rent, reproduction, telephone, janitorial, or security services) by major type and the basis of computation. For example, provide the square footage of the cost per square foot for rent or provide a monthly rental cost and how many months to rent. The basis field is a text field to describe the quantity such as square footage, months, etc. Computation Description Quantity Basis Cost Length of Time Cost $ - a7 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 CP CP $ - $ - $ - $ - TOTAL Other Costs $ - Other Costs Narrative Budget Summary - When you have completed the budget worksheet, the totals for each category will appear in the spaces below. Verify the category and total dollars requested. Funding Request Summary Budget Category Amount Requested A. Personnel $ - B. Fringe Benefits $ - C. Travel $ - D. Equipment $ - E. Supplies $ - F. Consultants/Contracts $ 137,700.00 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 G. Other $ - TOTAL GRANT REQUEST $ 137,700.00 Local Match - Use the space below to identify and describe the dollar amounts or items that will be provided as local match or cost sharing for your program. Note that everything listed here must be in conformance with 2 CFR § 200.306. All other costs associated with the program are covered by the Tukwila Police Department. This includes time spent by the Patrol Commander, Financial Analyst, and other personnel. All supplies and equipment (radios, uniforms, boots, bullet -resistant vests, etc) are provided by the Department (this portion estimated to be $10,000. The Local Match below is an estimate. The local match includes also the difference between the full amount billed to Tukwila PD for the two MHPs and the grant award amount provided by the WASPC MHFR program (this portion estimated to be $66,300). PROJECT COST TO APPLICANT (NOT INCLUDING FIGURES ABOVE) LOCAL MATCH (IF APPLICABLE) OVERALL PROGRAM VALUE $ 137,700.00 $ 76,300.00 _ d $ 214,000.00 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 0) CO Budget Worksheet Year 2 July 1, 2026 - June 30, 2027 Budget Worksheet Purpose: The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All required information (including narrative) must be provided. Any category of expense not applicable to your budget may be left blank. A specific area is available at the end of this spreadsheet that allows for the identification and description of funds or items to be provided as program matching funds (cost sharing). A. Personnel - List each position by title and name of employee, if available. Show the annual salary rate and percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Include a description of the responsibilities and duties of each position in relationship to fulfilling the project goals and objectives. (Note: Use whole numbers as the percentages of time, an example is 25.50% should be shown as 25.50) Name Position Computation Cost Salary Basis Percentage of Time Length of Time $ - $ - $ - $ - $ - TOTAL Personnel $ - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Personnel Narrative B. Fringe Benefits - Fringe benefits should be based on actual known costs. List the composition of the fringe benefit package. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Workman's Compensation and Unemployment Compensation. (Note: Use decimal numbers for the fringe benefit rates, an example is 7.65% should be shown as .0765) Description Computation Cost Base Rate $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL Fringe Benefits $ - CA CO Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 O Fringe Benefits Narrative C. Travel - Itemize travel expense of staff and personnel by purpose (e.g., staff to training, advisory group meeting, field interviews, etc.). Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known; or if unknown, indicate "location to be determined." Note: Travel expenses for consultants should be included in the "Contractual/Consultant" category. Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Airfare Local Travel - Other _ Baggage Fee Subtotal - Purpose of Travel Location Computation Cost Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ _ Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ _ Lodging - Meals - Mileage - Transportation: Local Travel - Other Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost Lodging - Meals - Mileage - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Transportation: Local Travel Other Subtotal TOTAL Travel Travel Narrative D. Equipment - List non -expendable items that are purchased (Note: Organization's own capitalization policy for classification of equipment should be used). Expendable items should be included in the "Supplies" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project, and describe the procurement method to be used. Item Computation Cost Quantity Cost $ - $ - $ - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 $ TOTAL Equipment $ Equipment Narrative E. Supplies - List items by type (office supplies, postage, training materials, copy paper, and expendable equipment costs costing less than $5,000, such as books, hand held recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the project. Supply Item Computation Cost Quantity/ Duration Cost $ - $ - $ - $ - $ - $ - TOTAL Supplies $ - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Supplies Narrative F. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8 hour day), and estimated time on the project. Consultant fees in excess of $450 per day or $56.25 per hour require additional justification and prior approval from WASPC. Name of Consultant Service Provided Computation Cost Fee Basis Quantity $ - $ - $ - $ - Subtotal Consultants $ - Consultant Fee Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (i.e., travel, meals, lodging, etc.). This includes travel expenses for anyone who is not an employee of the applicant such as participants, volunteers, partners, etc. Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ _ Lodging - Meals - Mileage - Transportation: Local Travel - Other - Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost Lodging - Meals - Mileage - Transportation: Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 0) $ - Local Travel - Other - Subtotal - Purpose of Travel Location Computation Cost Item Cost Rate Basis for Rate Quantity Number of People Number of Trips Cost $ - Lodging - Meals - Mileage - Transportation: Local Travel - Other - Subtotal - Subtotal Consultant Expenses $ - TOTAL Consultants $ - Consultant Expenses Narrative Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole -source contracts in excess of $100,000 Item Cost Sound Mental Health Contract/Agreement $ 130,050.00 $ - $ - $ - TOTAL Contracts $ 130,050.00 Contracts Narrative Contract with Sound Mental to provide two certified Mental Health Professionals to embed within Tukwila's patrol division. G. Other Costs - List items (e.g. rent, reproduction, telephone, janitorial, or security services) by major type and the basis of computation. For example, provide the square footage of the cost per square foot for rent or provide a monthly rental cost and how many months to rent. The basis field is a text field to describe the quantity such as square footage, months, etc. Computation Description Quantity Basis Cost Length of Time Cost $ - Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 CO $ - $ - $ - $ - TOTAL Other Costs $ - Other Costs Narrative Budget Summary - When you have completed the budget worksheet, the totals for each category will appear in the spaces below. Verify the category and total dollars requested. Funding Request Summary Budget Category Amount Requested A. Personnel $ - B. Fringe Benefits $ - C. Travel $ - D. Equipment $ - E. Supplies $ - F. Consultants/Contracts $ 130,050.00 Docusign Envelope ID: 5110E6D2-6130-40CC-9F99-4983506D0375 G. Other $ - TOTAL GRANT REQUEST $ 130,050.00 Local Match - Use the space below to identify and describe the dollar amounts or items that will be provided as local match or cost sharing for your program. Note that everything listed here must be in conformance with 2 CFR § 200.306. All other costs associated with the program are covered by the Tukwila Police Department. This includes time spent by the Patrol Commander, Financial Analyst, and other personnel. All supplies and equipment (radios, uniforms, boots, bullet -resistant vests, etc) are provided by the Department (this portion estimated to be $10,000. The Local Match below is an estimate. The local match includes also the difference between the full amount billed to Tukwila PD for the two MHPs and the grant award amount provided by the WASPC MHFR program (this portion estimated to be $73,950). PROJECT COST TO APPLICANT (NOT INCLUDING FIGURES ABOVE) LOCAL MATCH (IF APPLICABLE) OVERALL PROGRAM VALUE $ 130,050.00 $ 83,950.00 _ d $ 214,000.00 180 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/15/25 DR ITEM INFORMATION ITEM No. 4.G. STAFF SPONSOR: KRIS KELLY ORIGINAL AGENDA DATE: 9/15/25 AGENDA ITEM TITLE Contract Amendment: Parks Security Services — B-Force Protection Services CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 9/15/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Police ❑ PJF SPONSOR'S SUILMARY The Parks and Recreation Department seeks to amend Contract 23-010 to extend the requested services through the end of Fiscal Year 2025. This three-month contract extension will add approximately $22,527 to the total contract which, per city policy, will require city council approval before mayoral signature and execution. City staff recommend this contract amendment be approved on the September 15th Regular Meeting Consent Agenda. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 9/8/25 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation COMMIIIEE Unanimous Approval; Forward to 9/15 Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $22,527.36 AMOUNT BUDGETED $22,527.36 APPROPRIATION REQUIRED $0 Fund Source: GENERAL FUND Comments: Encumbrance of contract can be covered utilizing current Parks & Recreation FY25 Budget MTG. DATE RECORD OF COUNCIL ACTION 9/15/25 MTG. DATE ATTACHMENTS 9/15/25 Informational Memorandum dated 8/22/25 A --- Proposed Contract Amendment 23-010(c) and Accompanying Exhibits Minutes from the 9/8/25 Community Services & Safety Committee Minutes (distributed separately) 181 Thomas McLeod, Mayor TO: Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM Community Services & Safety Committee FROM: Kris Kelly, Parks & Recreation Deputy Director BY: David Rosen, Parks & Recreation Analyst DATE: August 22, 2025 SUBJECT: Contract Amendment: Parks Security Services — B-Force Protection Services ISSUE The Parks and Recreation Department seeks to amend Contract 23-010 to extend its current parks security services agreement through the end of Fiscal Year 2025. This three-month contract extension will add expenses in an amount which, according to city policy, will require city council approval before the mayor may sign and execute the amendment . BACKGROUND B-Force Protection Security Inc. has been the city's parks security services provider for the past several years. At this time, the City is transitioning towards utilizing a city employed Parks Ranger for these services in the future. Currently, the Parks & Recreation Department and the Tukwila Police Department are interviewing finalists for the position. Until the position is fully deployed, the City intends to continue utilizing B-Force's services for parks security. DISCUSSION Services Provided The contract being amended currently provides the following services at the parks sites noted below: • Patrol park: Visit site and walk-through park. Report any criminal activity, such as vandalism, trespassing, and park rules violations to Tukwila Police. • Lock park gates: Locking park gates. Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. • Lock park restrooms: Ensure restrooms are clear of people and lock at night. o Bicentennial o Cascade View Park (patrol only) o Tukwila Park o Duwamish Hill Preserve o Crystal Springs (patrol through) o Tukwila Community Center (Outdoor o Joseph Foster Memorial restroom locking and patrol through) o Crestview Park (patrol and gate only) New Sales Tax Imposition During the 2025 Regular Session, the Washington State Legislature passed Engrossed Substitute Senate Bill 5814 which reenacted RCW 82.04.050 ("Sale at retail," "retail sale.") to re -define the terms "retail sale" to include, amongst other services, "Investigation, security services, security monitoring services, and armored car services...". This bill has the effect of making the services provided by B- Force, which falls under the definition of a security services, taxable per the RCW as of October 1st 2025. As of said date, the effective sales tax within the City of Tukwila will be 10.2%. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 9818'8 • 206-433-1800 • ite:: TukwifQWAgav 182 Community Services & Safety Committee August 22nd, 2025 Page 2 FINANCIAL IMPACT Execution of this contract encumbers $22,527.36 in spending against the General Fund. This encumbrance does not create new General Fund inflows or outflows as the Fiscal Year 25 Parks & Recreation budget assumed a full -year of parks security services being provided via Contract 23-010 to provide for operational flexibility depending on the exact hiring date of the Park Ranger. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward the proposed contract amendment to the September 15th Regular Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed Contract Amendment 23-010(c) & Accompanying Exhibits Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.,gov 183 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-010(c) CONTRACT FOR SERVICES Amendment #3 Between the City of Tukwila and B-Force Protection Security Inc. That portion of Contract No. 23-010 between the City of Tukwila and B-Force Protection Security, Inc. is hereby amended as follows: Section 2: The date by which work shall be completed is hereby amended to be no later than December 31 at, 2025. Section 3: The total amount to be paid under the contract is hereby amended to $240,969.59. Exhibits A & B: Exhibits A & B are hereby replaced by the new exhibit versions attached to this amendment. All other provisions of the contract shall remain in full force and effect. Dated this 13th day of August, 2025. 84 CA Reviewed May 2020 1 Page 1 of 3 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-010(c) EXHIBIT A.3 General Terms and Scope of Services Scope of Services — Contractor will provide the following services at identified park locations. • Locking park gates: Locking park gates. Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. • Locking park restrooms: Ensure restrooms are clear of people. • Patrol Through: Provide perimeter and interior patrol of parks location and facilities Park Name & Address Service Description Frequency FY25 Cost* Tukwila Community Center 12424 42nd Ave S • Lock the Restroom, Unlock on weekends & holidays 7 days/week $9,085.44 Crestview Park 16200 42nd Ave S • Lock the gate, Unlock on weekends & holidays 7 days/week $9,085.44 Crystal Springs Park 15832 51 st Ave S • Lock the restroom • Patrol through 7 days/week $9,085.44 Tukwila Park 15460 65th Ave S • Lock the restroom • Patrol through 7 days/week $9,085.44 Bicentennial Park 7200 Strander BLVD • Lock the restroom 7 days/week $9,085.44 Foster Park/Lee Phillips 13919 53rd Ave S • Lock the restroom 7 days/week $9,085.44 Cascade View Community Park 14211 37th Ave S • Patrol Through 7 days/week $9,085.44 Duwamish Hill Preserve 3800 S 115th St • Lock the gate, Unlock on weekends & holidays 7 days/week $9,085.44 Codiga Park 50' PI S • Lock the gate, Unlock on weekends & holidays 7 days/week $9,085.44 BASE FY25 SERVICES COST $83,854.07 Allowance for Additional Services if Needed $12,145.93 TOTAL FY25 CONTRACT COST $96,000.00 *Costs shown above are annual base rates. Per ESSB 5814 (Chapter 422, Laws of 2025), sales tax is applicable for these services as of 10/1/25. Exhibit B.3 Consulting Terms, Deliverables & Payment Contractor shall be paid monthly based on the scope identified in Exhibit A. The contractor will provide an invoice for payment each month for services rendered. Total compensation is not to exceed $240,969.59 without the express modification of the agreement signed by the City by written amendment. CA Reviewed May 2020 Page 2 of 3 185 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-010(c) ** 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, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: $� CA Reviewed May 2020 1 Page 3 of 3 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's revieav Council revieav 9/15/25 BJM 9/22/25 BJM ITEM INFORMATION ITEM No. 5.A. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 9/15/25 AGENDA ITEM TITLE Briefing on Awarding a Grant Agreement with Low Income Housing Institute (LIHI) for the Construction of a Tiny Homes in the City of Tukwila. CATEGORY ® Discussion Mtg Date 9/15/25 ® Motion Mtg Date 9/22/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIV SPONSOR'S SUMMARY Update on the City's partnership with the Church by the Side of the Road (CBSR) to establish a new tiny home village on church property along Tukwila International Boulevard. At the August 18, 2025 Work Session, City staff provided an overview of the planned tiny home village at CBSR in Tukwila. Since that briefing, staff has been working with the Low Income Housing Institute (LIHI) to structure a grant to support the next steps in establishing the village. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Approve. COMMII"IEE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $577,722 AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $577,722 Fund Source: KING COUNTY GRANT Comments: No general funds will be used. MTG. DATE RECORD OF COUNCIL ACTION 9/15/25 9/22/25 MTG. DATE ATTACHMENTS 9/15/25 Informational Memorandum, dated September 9, 2025. August 12, 2025 Memorandum to the City Council. Proposed conceptual site plan for tiny home village. Proposed grantee budget, dated September 8, 2025. 9/25/25 187 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Brandon Miles, Director, Strategic Initiatives and Government Relations CC: Thomas McLeod DATE: September 9, 2025 SUBJECT: Church by the Side of the Road Tiny Home Village Proposed Grant Award, Low Income Housing Institute ISSUE Update on the City's partnership with the Church by the Side of the Road (CBSR) to establish a new tiny home village on church property along Tukwila International Boulevard. BACKGROUND At the August 18, 2025 Work Session, City staff provided an overview of the planned tiny home village at CBSR in Tukwila. Since that briefing, staff has been working with the Low Income Housing Institute (LIHI) to structure a grant to support the next steps in establishing the village. The proposed village will serve unhoused individuals who are employed or actively seeking employment, as well as asylum seekers. The goal is to provide safe, temporary housing as a short stop on the pathway to long-term, stable housing. Funding for the village will come from a King County grant. As part of the City's initial grant application, the City identified the need to designate a subrecipient to manage the project and expenditures. DISCUSSION Staff recommends awarding a grant to LIHI to serve as the subrecipient of the City's King County grant funds. LIHI will use these funds to complete site preparation, deliver the tiny homes and hygiene facilities, and cover operational startup costs for the village. FINANCIAL IMPACT The total estimated cost to establish the tiny home village is $1,096,232. To date, $505,390 in prepayments and credits have been applied through existing contracts, leaving $577,722 in remaining costs, which will be funded by the King County grant. Operating funds have not yet been identified once construction is 188 INFORMATIONAL MEMO Page 2 complete. The City has reached out to King County, the State of Washington, and other potential funders seeking funds for operations. Cost Item Amount Funding Source Pre -purchase of homes, hygiene trailer, etc. (Contract ($387,353) State Commerce 25-202) Grant Delivery of homes (Contract 25-202) Survey, engineering, planning (Contract 25-238) Credit (Contract 25-202) Total Pre -Payments & Credits Remaining Costs RECOMMENDATION ($5,462) King County Grant ($59,575) King County Grant ($66,120) N/A ($505,390) — $577,722 King County Grant Staff will present a draft grant award agreement to the City Council at the September 22, 2025 Committee of the Whole meeting, with possible action at the Special Meeting scheduled the same evening. ATTACHMENTS • August 12, 2025 Memorandum to the City Council. • Proposed conceptual site plan for tiny home village. • Proposed grantee budget, dated September 8, 2025. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's 0ffce/2025.09.15/LIHI/0.0 Informational Memorandum, LIHI, Tiny Homes, 2025.09.09.docx 189 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Brandon Miles, Mayor's Office CC: Thomas McLeod DATE: August 12, 2025 SUBJECT: Tiny Home Village at Church by the Side of the Road ISSUE Update on the City's partnership with the Church by the Side of the Road (CBSR) to establish a new tiny home village on church property at Tukwila International Blvd. BACKGROUND CBSR has expressed interest in developing a tiny home village on its property. Similar villages are used across the Puget Sound region and nationwide to provide transitional housing for unhoused individuals. Tukwila currently hosts two such villages —one on Interurban Ave South and one at Riverton Park United Methodist Church —both operated by the Low Income Housing Institute (LIHI). A tiny home village typically consists of small, individual shelters plus shared facilities such as restrooms, kitchens, and offices. Benefits include stability, community connection, financial flexibility, and reduced environmental impact compared to other temporary housing. Villages generally include on -site services, such as case management, and are intended as short-term housing that leads to more permanent placements. CBSR TINY HOME VILLAGE • Size: 30 tiny homes plus supporting structures (office space, hygiene trailer, etc.). • Population Served: Primarily unhoused individuals or couples who are employed or actively seeking employment, including asylum seekers. • Services: Tailored to working -age residents; focus on pathways to employment and housing stability. COST AND FUNDING Total Design & Construction Cost: $1,096,232 The City is working with LIHI, which has extensive experience in setting up and operating tiny home villages. CBSR is also interested in partnering with LIHI for implementation. Two grants have been secured to fund capital costs —no City general funds are proposed for construction. 190 INFORMATIONAL MEMO Page 2 Cost Item Pre -purchase of homes, hygiene trailer, etc. (Contract 25-202) Delivery of homes (Contract 25-202) Survey, engineering, planning (Contract 25-238) Credit (Contract 25-202) Total Pre -Payments & Credits Remaining Costs PERMITTING AND APPROVALS Amount Funding Source ($387,353) State Commerce Grant ($5,462) King County Grant ($46,575) King County Grant ($66,000) N/A ($505,390) — $590,842 King County Grant UnderTMC 18.50.270, the operator must execute a Memorandum of Agreement (MOA) with the City. As the primary funder of development, the City will also have influence over operations through the MOA and other agreements. OPERATIONAL FUNDING & ENTITY • Estimated annual operating cost: $600,000—$1 million. • No operator or operational funding source has been identified to date. • King County grant includes operational funds, but the village will likely not be completed in time to access them. • City staff are contacting potential funders. The City is not proposing to fund operations directly. • The operating entity will be selected through a competitive process jointly by the City and CBSR after construction. LONG-TERM PLANS CBSR may pursue permanent housing development on this site in the future. The tiny home village will allow CBSR to gain operational experience with housing on its property. DISCUSSION To use County funds, the village must be completed by year-end. Staff recommends proceeding with construction while funding and operator searches continue. • Tiny homes have already been purchased and are being stored on City property. • LIHI has Mayor -authorized contracts for design and preconstruction. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's 0ffce/2025.09.15/LIHI/1.0 Info Memo - Tiny Home Village CBSR.docx 191 INFORMATIONAL MEMO Page 3 NEXT STEPS Date Q3 2025 Q4 2025 — Q 1 2026 Q1 2026 Task Present draft agreement to Council authorizing LIHI to construct the village. Select operator; execute MOA (Council approval required). Village opens. KEY CONSIDERATIONS 1. If operational funding is not secured —Village could remain vacant until funding is found. City is not offering to cover the operating costs. 2. Ownership after construction —Village ownership would transfer to CBSR or the selected operator, with City retaining rights for a set period to ensure continued use for community benefit. 3. City controls after transfer — MOA and transfer agreement will outline operational and use requirements. 4. Public outreach — LIHI will conduct outreach in fall 2025 during development. RECOMMENDATION Information only- no action requested at this time. ATTACHMENTS • Conceptual site plan (note: shows 40 units; final project will have 30 units). • Proposed Capital Budget (July 10, 2025) • Photos of Tiny Homes • Example MOU for Riverton Park United Methodist Church tiny home village. 192 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's 0ffce/2025.09.15/LIHI/1.0 Info Memo - Tiny Home Village CBSR.docx KITCHEN 6. ILLUMINATION: ILLUMINATION WILL BE PROVIDED AND MAINTAINED ALONG ROUTES OF EGRESS FROM EVERY SLEEPING UNIT TO THE PUBLIC RIGHT-OF-WAY AND AT ALL EXITS AT ALL TIMES. 7. COOKING EQUIPMENT: THE INSTALLATION AND USE OF COOKING EQUIPMENT MUST COMPLY WITH TUKWILA AND FIRE CODE REQUIREMENTS. 8. CHARGING PROHIBITION: SIGNS SHALL BE INSTALLED WITHIN EACH SLEEPING UNIT INDICATING THAT THE CHARGING OF ELECTRIC BICYCLES, SCOOTERS, AND SIMILAR MICRO -MOBILITY DEVICES IS PROHIBITED. \ac:40o\! NOTES 1. THIS FIRE SAFETY PLAN WILL BE POSTED IN THE CHECK -IN OFFICE. 2. SMOKING AREA: THIS IS A WOOD- AND STEEL -FRAMED PREMANUFACTURED PRODUCT. THE COVERED AREA IS UNDER 120 SF. 3. FIRE EXTINGUISHERS: PORTABLE FIRE EXTINGUISHERS RATED 2-A:10-B:C SHALL BE LOCATED IN CLEARLY VISIBLE AND IMMEDIATELY ACCESSIBLE LOCATIONS OUTSIDE BUILDINGS. TRAVEL DISTANCE TO EXTINGUISHERS SHALL NOT EXCEED 75'. 4. EGRESS: EGRESS GATES AT THE NORTH AND EASTERN ENDS OF THE SITE SHALL BE CLEARLY IDENTIFIED, UNOBSTRUCTED, AND READILY OPENABLE IN THE DIRECTION OF EGRESS TRAVEL AT ALL TIMES. 5. TINY HOMES: HOMES ARE WOOD -FRAMED CONSTRUCTION. MINIMUM 5'-0" SEPARATION DISTANCE, MEASURED FROM OUTSIDE FACE OF EXTERIOR WALL, IS REQUIRED FOR ALL PROPOSED BUILDINGS UNLESS OTHERWISE NOTED. EACH HOME SHALL INCLUDEA SINGLE -STATION SMOKE ALARM AND CO MONITOR. 6' HIGH CEDAR FENCE -0 a C FFIC 1' t 1' 1 a,...11h�_ S I 7 1 II --� I- I) 12 ' NhV�I l� 18J ■ - - = SIBLE T PAVING L — L b-- e24 ............ ............. �........... A.......... SMOKING AREA t......m....e z.10,0 ll�1�iili III . 12'-6/119 ENT(GA E PICNIC TABLE, TYP UNtiR HYGIEAILER EXIS'AIN LINK FENCE Fire Safety Plan EMERGENCY EXIT GATE EXISTING TREE) TYP EMERGENCY EXIT GATE TRASH AREA VEHICLE GATE GRAVEL DRIVEWAY 0' 15' 30' 60' Env,,rc' mental Works 402 15th Ave E I Seattle, WA 206.329.8300 I eworks.org 98112 Issuance Schematic Design Date August 26, 2025 CBSR Tiny House Village 14820 Military Road S Tukwila, WA 98168 Fire Safety Plan Original Sheet Size 11"x17" G0.04 Low Income Housing Institute - THV Budget R5 Site Name: Site Address: Jurisdiction: Date: Site SF: Tiny Houses: Church By the Side of the Road 14820 Military Rd S Tukwila 9/8/2025 23,000 30 Budget Item Projected Cost Notes 01-000 Pre -Construction $ i 35,000.00 01-100 Feasibility & Startup $ 8,000.00 Site survey 01-200 Design $ 11,000.00 Site planner and civil engineer 01-300 Permitting $ 15,000.00 Public works permit and over-the-counter MEP permits 01-400 Community Outreach $ 1,000.00 02-000 Construction $ 918,245.00 02-100 Mobilization, Site Services, & Rent $ 5,500.00 Garbage, sanitary services, and temporary fencing 02-200 Earthwork $ 150,000.00 Grading, gravel, utility trenching, and ADA asphalt 02-300 Demolition $ - 02-400 Utilities $ 190,000.00 Electrical, water, and side sewer 02-500 Tiny Houses and Offices $ 301,000.00 (30) tiny homes and (3) offices at $8,000/each plus delivery and finishing. 02-600 Common Buildings $ 145,000.00 Kitchen tent, 4-bay hygiene trailer, laundry room, and security office 02-700 Site Furnishing & Other $ 100,000.00 Decking, fencing, security system, and outdoor furnishings 02-800 Miscellaneous Construction Costs $ - 02-900 Construction Contingency [1] $ 26,745.00 3% 03-000 LIHI Project Management $ 142, 986.75 03-100 Project Management Fee [2] $ 142,986.75 15% TOTAL PROPOSED BUDGET: $ 1,096,231.75 Cost Per SF: $ 47.66 Cost Per Tiny House: $ 36,541.06 Low Income Housing Institute - THV Budget R5 Site Name: Church By the Side of the Road Site Address: 14820 Military Rd S Jurisdiction: Tukwila Date: 9/8/2025 Site SF: 23,000 Tiny Houses: 30 Deductions Description Cost Notes 1 Early purchase of (30) tiny houses, (3) staff offices, and (1) 4-bay hygiene trailer. $ (387,353.00) Amount equal to Invoice #2 provided to Tukwila on 6/25/25. 2 Delivery of (30) tiny houses, (3) staff offices, and (1) 4-bay hygiene trailer. $ (5,462.33) Amount equal to Invoice #3 provided to Tukwila on 7/16/25. 3 LIHI donation of 25% of tiny homes. $ (66,120.00) $2,000 credit per house (30) with 10.2% sales tax. 4 Village Design & Permitting Contract $ (59,575.00) Contract dated 7/16/25. Amendment A dated 8/27/25. FUNDS TO COMPLETE: $ 577,721.42 [1] 02-900 Construction Contingency covers all required unforeseen construction labor and materials. This may be triggered by unforeseen site conditions, design changes, etc. [2] 03-100 Project Management Fee covers all direct LIHI management and labor hours, reimbursable costs, and overhead. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/15/25 BJM ITEM INFORMATION ITEM NO. 5.B. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 9/15/25 AGENDA ITEM TITLE Discussion on Sound Transit's "Enterprise Initiative Principles." CATEGORY ® Discussion Mtg Date 9/15/25 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIV SPONSOR'S SUMMARY Sound Transit has begun a nearly year long process to examine ways to reduce costs associated with capital development and Sound Transit operations. Staff will provide information it knows to date regarding the initiative and discuss next steps for the City. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. N/A COMMII"IEE 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 9/15/25 MTG. DATE ATTACHMENTS 9/15/25 Sound Transit Motion No. M2025-36 197 T SOUNDTRANSIT Motion No. M2025-36 A motion of the Board of the Central Puget Sound Regional Transit Authority adopting principles and a process to help guide the Board on how best to achieve the planned outcomes of the Enterprise Initiative work, including an update to the current system plan (Sound Transit 3) and long-range finance plan. Background Since the last updates to the Long -Range Plan (2014) and System Plan (2016), much has changed for Sound Transit and other large public agencies due to lower -than -expected revenues, rising costs across capital and service delivery, post -pandemic ridership patterns, and ongoing uncertainty around tariffs and federal funding commitments. Board action is needed to address ST3 affordability challenges and operate a dependable, resilient, and safe system. As the region faces new challenges and uncertainty, the fundamental benefits of the Sound Transit system remain clear —the region's population has continued to grow along with the need for high - capacity transit to meet this growth. In times of economic stress, Sound Transit's projects serve as a critical engine for regional stability — creating family -wage jobs, stimulating economic activity, and keeping the region moving forward. Sound Transit services link people to jobs, schools, healthcare, and essential services. With reliable, congestion -free travel times, light rail gives riders more predictability and freedom from the gridlock that clogs our roads. Strengthening connections between cities and counties, and major employment and population centers, Sound Transit drives economic growth, expands opportunity, and supports a cleaner, more resilient Puget Sound region. At the Board Retreat on May 29, 2025, the Board discussed the importance of an agencywide, comprehensive approach that goes beyond capital delivery. The Enterprise Initiative will be a comprehensive effort touching planning, capital, operations, maintenance, and finance to ensure Sound Transit is meeting both current and future regional mobility needs. If the agency does not take proactive measures via this Enterprise Initiative, the ST3 program will become unaffordable, and we risk our ability to operate a dependable, resilient, and safe system. Motion It is hereby moved by the Board of the Central Puget Sound Regional Transit Authority that: Section 1: The chief executive officer is directed to develop a comprehensive framework to evaluate opportunities and actions across the areas of Planning & Policy, Capital Delivery, Service Delivery, and Finance with the goal of achieving a balanced and affordable long-range finance plan and a clear path to deliver the benefits of Sound Transit projects and services as quickly as possible. Section 2: The framework and its implementation will comply with the ST3 voter -approved ballot measure (Resolution 2016-17) and should plan for the following outputs: an updated System Plan, with modified capital and operating plans; an updated Long -Range Plan that looks beyond ST3; and a balanced and affordable long-range finance plan. The proposed framework should outline a new process to proactively and iteratively manage affordability, service delivery, and related issues. The framework should be presented to the Board at the next scheduled Board retreat. 198 Section 3: The framework should be inclusive of the following process elements to help inform the Board on how to best achieve the planned outcomes of the Enterprise Initiative work: • Engage Communities Through Inclusive Collaboration — We are a collaborative region full of subtle differences and diverse populations. We should rely on a fair process and will depend on each Board member working as collaboratively as possible. We must listen to and engage with communities in the region to ensure we understand the many nuances of our decisions. And as challenges arise, we must also be adaptive and creative —willing to explore new approaches that keep us moving toward our regional goals. • Build Trust Through Transparent Governance — To maintain public trust in our work, we must be transparent. The public trust is eroded when information is not shared openly. As we advance the Enterprise Initiative, we will clearly communicate the reasons behind our decisions, including the benefits and risks, and ensure information is shared in a timely manner with both the Board and the public. • Drive Decisions with Data and Insight — The Sound Transit Board, to the maximum extent possible, will ground its decisions in data and the best available information. While uncertainty is inherent in major infrastructure projects, we will rely on third -party expertise when appropriate to support objective review and ensure informed decision -making at every stage. Section 4: The framework should build on ST3 performance characteristics and project -specific evaluation measures to be inclusive of the following principles to help inform the Board on how to best achieve the planned outcomes of the Enterprise Initiative work: • Advance Regional Connectivity — Our region's voters have had the long-range vision to build a safe, dependable, and resilient mass transit system to serve our population and job centers. Completing the regional transit spine is central to that vision of connecting communities with high -capacity transit. As we look toward building an affordable system, our decisions should be grounded on what benefits the whole region and best achieve the objectives of the ST3 Plan. We are at our best when we think and act as one region. • Support Future Growth — Maintaining and growing ridership depends on connecting potential riders to their homes, jobs, schools, special events, and other activities. Aligning our investments with current land use and future growth will accrue benefits to the region's economic, environmental, and equity goals. The region's transit riders and voters have entrusted Sound Transit with their ridership and tax dollars and the investments that we prioritize should engender broad future support for the system's operations, maintenance, and expansion. • Prioritize the Passenger Experience — Passengers must be at the center of our decision making. We must make decisions that will prioritize the riders' experience, maximize opportunities for connections and ridership, keep everyone safe, and ensure our system is dependable. Our decisions must allow the riders to have facilities that meet their needs, easy transfers, hassle free payment of fares, and minimal disruptions. • Protect Public Investments with Fiscal Integrity — Taxpayers work hard for their money, and we must be careful stewards of public resources. That means actively seeking cost savings and efficiencies wherever possible, maintaining strong oversight and accountability, understanding the trade-offs behind every decision, and spending responsibly to ensure the long-term health and sustainability of our regional transit system. The above principles will guide the Board in its work to deliver an affordable, dependable, resilient, and safe high -capacity transit system that puts riders first. Motion No. M2025-36 Page 2 of 3 199 Section 5: Details of the framework will be considered by the Board in Fall 2025 that will include deliverables and timelines for each Enterprise Initiative output with the goal of making updates to the System Plan by the end Q2 2026, an adopted Long Range Plan by Q3 2026, and an updated Long Range Financial Plan by{242020. Section 0: Motion No. M2024-59 is superseded by this action as the programmatic, financial and project level workplan will be incorporated into this comprehensive effort. APPROVED by the Board of the Central Puget Sound Regional Transit Authority at a regular meeting thereof held on August 28, 2025. Dave Somers Board Chair Kathryn Flores Board Administrator Motion No. M2025-36 Page 3 of 3 Thomas McLeod, Mayor TO: Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: September 9, 2025 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 • Lake to Sound Trail Design: Public Works staff kicked off partnership with King County on August 25 to design the Lake to Sound Trail segment in Tukwila, including a "road diet" for Southcenter Boulevard. • Lunch with Ambassador of India: Mayor McLeod joined the Consul General of India, Prakash Gupta, and other regional Mayors at a luncheon for the Ambassador of India to the United States, Honorable Vinay Kwatra on August 26 at the Clove Indian restaurant in Renton. • Housing Shortages Roundtable: Mayor McLeod and Building Official Nick Waggood attended a Roundtable regarding Housing Shortages held by Lt. Governor Heck in Olympia on August 27. • Meeting with Federal Lobbying Firm: On August 28 Mayor McLeod and Director Miles met the City's lobbying firm, CFM, who were in town for other Western Washington events. • Washington State Recycling Association: Public Works staff attended the monthly Washington State Recycling Association Board meeting on August 28. • Cascade Water Alliance Meeting re Rate Adjustments: Public Works staff attended Cascade Water Alliance (CWA) meeting on September 4 to learn how Seattle Public Utilities rate adjustments might affect CWA member costs. • Meeting with Seattle Public Utilities: Public Works staff met with Seattle Public Utilities Deputy Director, Water and Utility Operations and Maintenance on September 5 to discuss opportunities for mutual support and system coordination. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 201 City Administrator's Report September 9, 2025 Page 2 II. Community Events • Summer Souk Event: Community Development staff, Community Services & Engagement staff and Transportation Demand Management staff participated in the Summer Souk event at the Abu Bakr Islamic Center on August 30, providing information about non-SOV transportation options, the upcoming Critical Areas Ordinance update process, Tree Giveaway and other City resources. • Duwamish Hill Preserve Community Engagement Opportunity: The Duwamish Hill Preserve Phase 3 had its second community engagement at the Tukwila Farmer's Market on September 7. Community members were invited to view three concept alternatives, talk to the project team and complete an online survey to express their preferences. • Safer Cleaning Workshop: King County Hazardous Waste Management Program hosted a Safer Cleaning workshop at the Tukwila Community Center for seven people on September 3. Public Works provided safer cleaning kits for the participants. • Community Play Day: Parks & Recreation staff hosted the 3rd Annual Free Community Play Day at the Tukwila Community Center on September 7. Ill. Staff Updates Public Safety • Special Emphasis Focus: The Special Emphasis Unit continued to conduct homeless outreach as well as drug and prostitution emphasis. • Tip -A -Cop Fundraising Events: The Police Department is participating in two Law Enforcement Torch Run fundraising Tip -a -Cop events being held at Top Golf in Renton on September 9, 2025, and September 23, 2025, from 5:30 PM - 8:30 PM. Along with Special Olympics Washington athletes and staff, officers will be greeting customers as they enter, and provide information on why we are there and what we are trying to accomplish. The goal is to raise funds for athletes to train and compete in various Olympic style sports. Project Updates • Gilliam Creek Culvert Erosion Repair: Expect traffic impacts for the month of September and early October on southbound 66th Ave S and westbound Tukwila Parkway (weekdays only). Project includes streambank improvements and stabilization of the 66th Ave S roadway prism. • 2025 Annual Small Drainage Program: Expect traffic impacts for the month of September and early October on Macadam Rd S in the vicinity of S 144th St and 40th Ave S/42nd Ave S. Project improvements include roadside stormwater conveyance and water quality improvements. • Gaco/Mitchell Levee Repair: The Army Corps of Engineers is slated to begin repair the week of September 15 on the Green River levee in Tukwila South that was previously damaged. There will be no traffic impacts since all work is happening off the roadway, but the area will be closed to the public. There is no formal trail at this location. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 202 City Administrator's Report September 9, 2025 Page 3 • Youth Amateur Sports Grant - Capital: Parks & Recreation staff continue to work with the King County Department of Natural Resources and Parks (DNRP) to develop grant agreements for two $250,000 grant awards ($500,000 total) for the Tukwila Community Center and Joseph Foster Memorial Park turf field conversion projects. These grant agreements will be brought to Council this Fall. • Youth Amateur Sports Grant - Programming: Department staff have coordinated with the Tukwila School District to plan out the deployment of the department's $100,000 grant for youth sports programming. This program will run from this fall into spring/summer immediately preceding the 2026 FIFA World Cup. • RAVE Grant: Department staff are preparing to launch eight (8) free U12 soccer clinics supported by the department's $7,500 RAVE Grant. This program will provide clinics and free soccer equipment to local youth, building excitement for the 2026 FIFA World Cup. • Tukwila Community Center Riverside Campus & Canoe Launch: The Department's $1.81M grant award from the Washington State Recreation & Conservation Office is being presented to the Community Services & Safety Committee on September 8. Department staff are meeting with the project's consulting team, the Berger Partnership (Architect), Shannon & Wilson (Biology and Hydrology), and KPFF (Civil Engineering). The next meeting is scheduled for mid -September to review initial findings as they relate to updated design and planning. • Duwamish Park Playground Replacement: Department staff continue to meet with our nonprofit partner KABOOM! and funding partner Delta Airlines to finalize construction and other logistics regarding the playground replacement taking place at Duwamish Park on September 27. 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 September 17, 2025. 2 resident position terms expire March 31, 2026. No vacancies. • Civil Service Commission: The next meeting is scheduled for September 18, 2025. 1 resident position term expires March 31, 2026. No vacancies. • COPCAB: The next meeting is scheduled for September 11, 2025. 3 resident position terms expire March 31, 2026. VACANT: 1 Business Position and Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for October 2, 2025. 1 City Employee position term expires March 31, 2026. 2 Education position terms expire March 31, 2026. 1 Community position term expires March 31, 2026. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 203 City Administrator's Report September 9, 2025 Page 4 • Human Services Advisory Board: The next meeting is scheduled for October 16, 2025. 1 Resident position term expires March 31, 2026. 1 School District position term expires March 31, 2026. 1 Medical/Health position term expires March 31, 2026. No vacancies. • Library Advisory Board: The next meeting is scheduled for October 7, 2025. 3 Resident position terms expire March 31, 2026. VACANT: Student Representative. • Lodging Tax Advisory Committee: The next meeting is scheduled for September 26, 2025. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for September 10, 2025. 2 Community position terms expire March 31, 2026. VACANT: 1 Community Member Position and Student Representative. • Planning Commission: The next meeting is scheduled for September 25, 2025. VACANT: 1 Business Representative. IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response July 14, 2025 Council President Sharp requested information on current regulations regarding camping in sensitive areas and any potential future considerations City Attorney provided a response to this question on 8/29. In summary: The Tukwila Municipal Code (TMC) has no prohibition on camping or encampments in public areas or on City property, but there are city codes that may apply in certain contexts. City departments have a practice and procedure to address coordinated clean-up response on city property. There are city codes that address trespassing, environmentally critical areas, and nuisance abatement. If Council wishes to directly address or prohibit camping in public areas, the city could pass an ordinance that aligns with established case law and within public safety and health goals. July 28, 2025 August 18, 2025 Council President Sharp asked about the cost of sidewalks and speed cushions. Director Tetatzin provided rough cost estimates for typical sidewalk improvements and speed cushions: with sidewalks ranging from $600 - $1,600 per linear foot and 1 set of speed cushions installed on a 2-lane residential street costing approximately $6,600. August 11, 2025 Council President Sharp asked why fees increased at Foster Golf Course. Foster Golf raised prices $1.22 on April 1, 2025. Current green fees weekday range is $25 - $45 and weekend range is $31 - $56. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 204 Tentative Agenda Schedule MEETING 1— MEETING 2 — MEETING 3 — MEETING 4 — REGULAR C.O.W. REGULAR C.O.W. SEPTEMBER 1 SEPTEMBER 8 SEPTEMBER 15 SEPTEMBER 22 Y��m H ; � � �'- SPECIALD ISSUES - Prato District Development jil�� G� �,A a,2! ®t �ti September S, 2t'Z,S Slpeciall Meeting September 15� WorkSession Agreement. ilitka igiaith CITY OFFICES CLOSED September 8, 2 25 September 15, 2 25 Committee of the Wlholle Meeting Cancelled g- Regniair MeetingSpecial Meeting to follow of the Whole Meeting. Meeting. CONSENT AGENDA - Authorize the Mayor to execute an agreement with Low Income Housing Institute (LIHI) for the construction of a tiny home village. MEETING 1— MEETING 2 — MEETING 3 — MEETING 4 — REGULAR C.O.W. REGULAR C.O.W. OCTOBER 6 OCTOBER 13 OCTOBER 20 OCTOBER 27 WORK SESSION SPECIAL ISSUES WORK SESSION - Resolution updating the Compensation Policy. - Ordinances for Zoning Code updates relating to Tukwila REGULAR MEETING International Boulevard. REGULAR MEETING CONSENT AGENDA CONSENT AGENDA - Grant Acceptance from King - Resolution updating the County Metro for 2025-2027 Compensation Policy. Transportation Management - Ordinances for Zoning Code Demand Agreement. updates relating to Tukwila - Grant acceptance from International Boulevard. Department of Ecology for South - Grant Acceptance from King County 130' Bioretention Planters. Youth Amateur Sports for Tukwila - Grant acceptance from Community Center Turf Field Department of Ecology for Conversion. Stormwater Outfall Water Quality - Resolution adopting Comprehensive Retrofit Park. Emergency Management Plan. - Interlocal Agreement with Washington State Department of PUBLIC HEARINGS Revenue for Data. - Ordinance adopting 2026 Mid- - Contract for Annual Concurrency Biennium Budget Adjustment. Report. - Ordinance levying 2026 Property Tax. UNFINISHED BUSINESS - 2026 Mid -Biennium Budget UNFINISHED BUSINESS Adjustment. - Ordinance adopting 2026 Mid - Biennium Budget Adjustment. - Ordinance levying 2026 Property Tax. 205