HomeMy WebLinkAboutCAP 2014-06-10 COMPLETE AGENDA PACKETCity of Tukwila
Community Affairs &
Parks Committee
• Joe Duffle, Chair
O Dennis Robertson
• Verna Seal
AGENDA
Distribution:
J. Duffie
D. Robertson
V. Seal
D. Quinn
Mayor Haggerton
D. Cline
C. O'Flaherty
S. Kerslake
L. Humphrey
E. Boykan
D. Johnson
J. Pace
TUESDAY, JUNE 10, 2014 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(formerly known as CR #3) at east entrance of City Hall
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Tukwila School District After - School Program.
a. Committee direction.
Pg.1
Evelyn Boykan, Human Services Program Manager
b. An update on Parks and Recreation on -line
registration.
b. Committee direction.
Pg.3
Dave Johnson, Recreation Superintendent
c. Park rules and regulations.
c. Committee direction.
Pg.5
Dave Johnson, Recreation Superintendent
d. Amendments to the Interlocal Agreement with the
d. Forward to 6/23 C.O.W.
Pg.7
Tukwila Pool Metropolitan Park District.
David Cline, City Administrator
e. Follow -up to May 29, 2014 code enforcement tour.
e. Information only.
Jack Pace, Community Development Director
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, June 24, 2014
The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: David Cline, City Administrator
Joyce Trantina, Project Analyst
BY: Evie Boykan, Human Services Manager
DATE: June 3, 2014
SUBJECT: Tukwila School District After School Program
ISSUE
There is need to identify an afterschool program provider for the 2014/2015 school year. A
committee made up of Tukwila School District and City staff collectively agreed to issue a
Request for Qualifications (RFQ) to help identify a possible provider.
BACKGROUND
Historically the Community Schools Collaboration (CSC) has provided after school programming
at the Tukwila School District. With change in Administration, both at the District and the CSC
organization and the need to evaluate costs of service delivery, the committee felt that a fresh
look should be taken to identify a provider.
DISCUSSION
The School District has gathered preliminary information from three different potential providers
of service; Community Schools Collaboration, The YMCA, and the Tukwila Parks and
Recreation program. These are potentially the parties that would be interested in providing the
service.
We are working together to finalize the RFQ process and an ensuing interview process. It will
be important for the potential providers to know what the City's financial commitment is as well
as the District's financial commitment. The City provided $100,000 for the 2014 fiscal year, as
well as an additional $21,548 to ensure that programming would take place through June 2014.
RECOMMENDATION
Staff is seeking Council discussion on budgetary commitment for afterschool programming for
2015/2016.
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TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director
BY: Dave Johnson, Recreation Superintendent
DATE: June 3, 2014
SUBJECT: Recreation Registration Software Discussion
ISSUE
Discussion related to Recreation Registration Software, including the addition of On-Line
Registration.
BACKGROUND
The Parks and Recreation Department uses a software program called CLASS to manage its
Activity Registrations and Facility Bookings. Through CLASS, participants can register in person
at the Community Center, mail their registration in, or call in to register — all of which are
processed by staff. Our current system does not support On-Line Registration.
CLASS is supported by Active Network, who has notified all of its CLASS customers that they
will no longer support CLASS effective December 1, 2017. The City is working with other
regional agencies to review options in light of this impending service change.
While there has not been a high demand for online registration from citizens, Council has
expressed interest in this service being investigated. Most of the surrounding cities do utilize
some form of online registration. To move forward with this enhanced service, inclusion of a
new module will need to be added, with approximate costs shown in the table below.
0 tions include:
Options A & B = While the system will still be available to use, it will not be supported as of
December 1, 2017.
Options B & C = Will require staff resources from P&R and IT to integrate (not factored into
above costs.
Committee consideration is needed regarding whether to pursue an online solution at this time
or wait until 2017 when staff has had time to review the options for the full Parks and Recreation
system solution.
RECOMMENDATION
The Committee is being asked to provide guidance regarding online registration options.
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Description
Implementation
Cost
Additional
Annual Cost
Timing
A
Continue with existing level of service
Now
None
None
B
Add On-Line Registration component to
existing CLASS system
Now
$12,000
$7,000
C
Research options to integrate new program to
include On-Line Registration
Now —
12/1/17
Up to
$25,000
Up to
$40,000
Options A & B = While the system will still be available to use, it will not be supported as of
December 1, 2017.
Options B & C = Will require staff resources from P&R and IT to integrate (not factored into
above costs.
Committee consideration is needed regarding whether to pursue an online solution at this time
or wait until 2017 when staff has had time to review the options for the full Parks and Recreation
system solution.
RECOMMENDATION
The Committee is being asked to provide guidance regarding online registration options.
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TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director
BY: Dave Johnson, Recreation Superintendent
DATE: June 3, 2014
SUBJECT: Park Rules & Regulations
ISSUE
Discussion related to updating the City's Park Rules and Regulations.
BACKGROUND
The City's Park Rules and Regulations are covering in the Tukwila Municipal Code (12.08) and
were last updated in 1998. Staff is working with the Park Commission to update the code and is
seeking guidance from the Community Affairs and Parks Committee.
In addition to updating the sections currently in the code, we are also considering the following
areas:
a) No Golfing (except as designated at Foster Golf Course)
b) Noise
c) Bounce Houses, inflatables, etc. at parks
d) Hot Coals (disposal of)
e) Alcohol
f) Soliciting/Concessions
g) Overnight Camping
h) Parking (non-park use & overnight)
i) Trail Use (etiquette)
j) Urban Hunting/Foraging
k) Posting Information
I) Conduct
m) Smoking/Marijuana
The Park Commission will be meeting later this month to further discuss this item and hope to
bring recommendations forward to this committee this summer.
RECOMMENDATION
The Committee is being asked to provide guidance to the Parks Commission regarding parks
rules and regulations.
ATTACHMENTS
None
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TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: David Cline, City Administrator
DATE: June 5, 2014
SUBJECT: Amendments to the Inter local Agreement for Pool Operations and Support
Services
ISSUE
The Tukwila Pool Metropolitan Park District (TPMPD) is recommending making revisions to the
current Inter local Agreement for Pool Operations and Support Services with the City of Tukwila
("ILA").
BACKGROUND
The City of Tukwila and the TPMPD approved the current ILA for the City to continue to provide
Operation and Support Services to the Tukwila Pool in December 2013. Over the past few
months, the TPMPD has proposed several revisions to the ILA and has asked the City
Administration and City Council to review these changes. This was also brought forward for
discussion at the March 25, 2014 Community Affairs and Parks Committee (CAP). At that time,
there was agreement to have the TPMPD finish their proposed revisions and then to have these
revisions reviewed by the City Council. The City Attorney has commented on these revisions.
Any final amendments to the ILA will have to be approved by both the City Council and the
TPMPD Board.
DISCUSSION
The TPMPD Board is proposing that language be drafted to cover the following topics:
1. Dispute Resolution
2. Termination for non-payment, lack of insurance or material breach of contract
3. Accountability and Reporting — including a work plan with measurable goals, financial
and other reports and performance audits
4. Cost controls — setting an annual cap on spending beyond which additional approval
would be required
5. Policies and Procedures — reserving TPMPD's right to adopt reasonable policies in the
future that set a different standard and would supersede previous policies once adopted.
The following attachments provide a crosswalk from the current ILA to the most recently
proposed ILA that the City Attorney and the TPMPD Attorney have agreed upon. The CAP is
now being asked to review this language and provide direction on any additional changes or
modifications to this agreement.
• Attachment A is the current ILA signed by both parties in December 2013
• Attachment B is City Attorney Memo to the TPMPD attorney regarding the final list of
proposed changes to the ILA.
• Attachment C is the final amended ILA with all changes shown from the original.
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INFORMATIONAL MEMO
Page 2
The actual changes by section are discussed below:
Section
Item
Requested Change
Notes
1.1
Change day of
termination by one
day, to 12/31/2015
instead of 1/1/2016
Both parties
Minor administrative change
1.1.1
Termination for
non-payment
Requested by TPMPD
No concerns, current
expectation is that TPMPD will
reimburse City on a timely basis
1.1.2
Termination for
failure to carry
insurance
Requested by TPMPD
No concerns, not an issue since
both entities carry WCIA
1.1.3
Termination
without Cause
Requested by TPMPD and City
Agreed to by both parties, allows
for reasonable transition of 120
days if a change in service
2.4
Change "will cost"
to "are estimated
to cost"
Requested by City
Minor administrative change to
clarify cost structure
2.5
Cost Controls
Requested by TPMPD
See City Attorney Memo —
Attachment B: City should
recover its full cost of services.
NOTE: The first four months of
administrative costs have been
below the original estimated
costs for these services.
2.6
Employees
Requested by TPMPD
Minor administrative change
4.1 to
Accountability and
Requested by TPMPD
See City Attorney Memo —
4.4
Reporting
Attachment B: New section of
additional requirements such as
work plan, financial reports, and
financial audits.
5.
Tukwila Policies
and Procedures
Requested by TPMPD
See City Attorney Memo —
Attachment B:
6.
TPMPD Policies
and Procedures
Requested by TPMPD
See City Attorney Memo —
Attachment B: The City has
concerns with not being able to
weigh in on policies that may
affect pool operations.
7.
Dispute Resolution
Requested by TPMPD
See City Attorney Memo —
Attachment B: The City Attorney
believes it is best if the parties
work through mediation and not
incur the additional legal costs of
arbitration.
8.1 to
Additional General
Requested by TPMPD
No concerns
8.4
Provisions
W: \ 2014 Info Memos-CouncilIMPD ILA 6-5-14.doc
INFORMATIONAL MEMO
Page 3
FINANCIAL IMPACT
Unknown
RECOMMENDATION
A copy of the current ILA is attached for your review. The Community Affairs and Parks
Committee members can discuss any recommended amendments to the ILA and then forward
to the Committee of the Whole and Regular Meeting for action.
ATTACHMENTS
• Attachment A: 2014-2015 Inter local Agreement for Pool Operations and Support Services
between the City of Tukwila and the Tukwila Pool Metropolitan Park District (ILA).
• Attachment B is a City Attorney memo to the TPMPD attorney regarding the last proposed
changes with an attached revised ILA
• Attachment C is the final proposed ILA with all changes shown from the original.
W:12014 Info Memos-Council\MPD ILA 6-5-14.doc
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ATTACHMENT A
13 -204
Council Approval 12/9/13
INTERLOCAL AGREEMENT
FOR SUPPORT SERVICES
BETWEEN THE CITY OF TUKWILA AND
THE TUKWILA POOL METROPOLITAN PARK DISTRICT
In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila
( "Tukwila ") and the Tukwila Pool Metropolitan Park District ( "TPMPD "), both of whom are
Washington municipal corporations, hereby enter into the following agreement:
I. RECITALS
Tukwila and TPMPD, through their respective legislative bodies, have declared their
intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and
Tukwila and TPMPD recognize that the cost savings from shared support services greatly
outweighs the increased facility and administrative expenses in creating and maintaining separate
facilities and accounting practices associated with the operation of the City of Tukwila Pool and
related services;
Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support
services to facilitate the operation of TPMPD and the City of Tukwila Pool:
II. AGREEMENT
1. Term of Agreement and Renewal.
1.1 Term. This Agreement shall be valid from the Effective Date set forth in
Section 4.1 of this Agreement until January 1, 2016.
1.2 Renewal. This Agreement may be renewed only by written agreement of both
Parties.
2. Scope of Work.
2.1 Pool Operations Scope of Work. Duties shall be performed by the incumbent
identified by job title(s), however the City Administrator may delegate
responsibilities based on staff availability and organization needs. Tukwila
shall perform the duties described in "Exhibit 1" for the TPMPD.
2.2 Pool Staff and Management. The cost of pool staff and management salaries
and benefits are not included in this agreement. The cost of pool staff and
management salaries and benefits shall be billed separately to the TPMPD. The
positions of Aquatics Program Coordinator, Aquatics Program Specialist, and
Extra Labor comprise pool staff and management.
2.3 Support Services Scope of Work. Duties shall be performed primarily by the
incumbent identified by job title, however, the City Administrator may delegate
ILA — City & MPD Pool Operations and Support Services
ILA - CITY MPD Pool Operations and Suppod Services Attachment A (Scope) FINAL 12 11.2013 rs (FINAL for signature approved 12.10 -13)
[ -1 -]
157‘ ,,.y-o-r t &-
11
responsibilities based on staff availability and organizational needs. Tukwila
shall perform duties described in "Exhibit 2" as needed and requested by the
Board President or his or her designee.
2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support
services based on the hourly wages and benefits of City staff and their time
spent providing support services, plus 10% for overhead expenses. Support
Services will cost approximately $6,600 per month; however nothing in this
agreement limits Tukwila's ability to invoice more than $6,600 per month.
2.5 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for
support services provided to TPMPD outlining the nature of the services
provided, the hours of service provided, the hourly rate applicable to such
services and the expenses incurred no later than 15 business days after the end
of each month. Payment shall be due from TPMPD 30 days from the date of
invoice and made payable to the City of Tukwila.
2.6 Employees. All City employees who provide the TPMPD the services called for
in this Agreement shall be employees of the City, and not employees of the
TPMPD. Except as provided in this Agreement, the employees of the City who
are performing the services called for in this Agreement shall not be entitled to
any benefit from the TPMPD. The City shall, at all times, be solely responsible
for the conduct of its employees in performing the services called for in this
Agreement. The City shall be solely responsible for all compensation, benefits
and insurance for its employees. The TPMPD agrees to adopt and enforce the
City's policies and procedures related to employee safety, pool behavior and
workplace harassment.
2.7 Records. All records relating to the provision of the services called for in this
Agreement shall be considered records of the TPMPD, and shall be retained in
accordance with the records retention requirements of the TPMPD; provided,
the City may retain copies of any records that it must retain to comply with its
own retention requirements or other applicable laws.
3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold
harmless the other party and each of its employees, officials, agents, and volunteers from
any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any
negligent or willfully tortious actions or inactions by the performing party or any of its
employees, officials, agents, or volunteers, while acting within the scope of the duties
required by this Agreement. Each party shall be responsible for its own legal costs and
attorneys' fees. This provision shall survive the expiration of this Agreement. This
provision shall also survive and remain in effect in the event that a court or other entity
with jurisdiction determines that this Agreement is not enforceable. It is further
specifically and expressly understood that the indemnification provided herein constitutes
each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to
carry out the purposes of this indemnification clause. The parties further acknowledge
that they have mutually negotiated this waiver.
ILA — City & MPD Pool Operations and Support Services
ILA • CITY MPD Pod Operations and Support Services Attachment A (Scope) FINAL 12.11.2013 is (FINAL for signature approved 12.10.13)
12
[ -2 -]
3.1 Insurance. Each party shall carry and maintain, for the duration of this
Agreement property and liability insurance coverage for all operations,
facilities, equipment, and personnel, including liability, at not less than the
amount and coverage's as existing on the date of this Agreement in a form and
with a company acceptable to the other party.
4. General Provisions.
4.1 Effective Date. This Agreement shall be effective upon ratification by each
Party's governing body and execution by TPMPD's Board President and the
Mayor of Tukwila.
4.2 Amendment. This Agreement may be amended only upon the consent of both
Parties. Any amendments shall be in writing and shall be ratified and executed
by the Parties in the same manner in which this Agreement was originally
adopted.
4.3 Waiver. The waiver by any party of any breach of any term, covenant, or
condition of this Agreement shall not be deemed to be a waiver of any
subsequent breach of the same term, covenant, or condition of this Agreement.
4.4 Severability. If any provision of this Agreement shall be held invalid, the
remainder of the Agreement shall not be affected thereby.
4.5 Entire Agreement. This Agreement represents the entire understanding of the
Parties and supersedes any oral representations that are inconsistent with or
modify its terms and conditions.
4.6 Counterparts. This Agreement shall be effective whether signed by all Parties
on the same document or signed in counterparts.
4.7 Notices. Any notice to be provided under the terms of this Agreement, shall be
delivered by certified mail, return receipt requested, or by personal service to
the following:
For Tukwila: For TPMPD:
City Clerk President
City of Tukwila TPMPD
6200 Southcenter Blvd. 6200 Southcenter Blvd.
Tukwila, WA 98188 Tukwila, WA 98188
ILA — City & MPD Pool Operations and Support Services
ILA - CITY MPD Pod Operations and Support Services Attachment A (Scope) FINAL 12.112013 rs (FINAL for signature approved 12.10.13)
[ -3 -]
13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
CITY OF TUKWILA
B
Jim
Dat
Attest:
TUKWILA POOL METROPOLITAN
PARK D STRICT
By:
Title: Board President
Dated:
Attest:
Christy 0 " aherty, City Clerk Title: erk of the Board
Approved as to Form: Approved as to Form:
Qj51I Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD
Attachment:
Exhibit 1: Pool Operations Scope of Work
Exhibit 2: Support Service Scope of Work
ILA — City & MPD Pool Operations and Support Services
ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12.11.2013 rs (FINAL for signature approved 12.10.13)
14
1 -4 -j
ATTACHMENT B
TO: Brian Snure, Attorney for the Tukwila Pool Metropolitan Park District
FROM: Rachel Turpin, Attorney for the City of Tukwila
DATE: May 28, 2014
RE: interlocal Agreement for Support Services Between Tukwila and TPMD
Michael R. Kenyon
Bruce L. Disend
Shelley M. Kerslake
Kari L. Sand
Chris D. Bacha
Rachel B.Turpin
Arm Marie J. Soto
John 9 Long, Jr.
Danielle M. Evans
Kim Adams Pratt
As you know, the City of Tukwila (City) and the Tukwila Pool Metropolitan Park District
(TPMPD) entered into the current interlocal Agreement for Support Services ("ILA") in
December, 2013. On March 17, 2014, the City received the TPMPD's proposed changes to the
ILA. At that time, the TPMPD Board of Commissioners had not yet weighed in on the changes.
On March 18, 2014, on behalf of the City administration, I provided comments to the changes.
On April 30, 2014, you provided me with a revised version of the ILA, which only resolved a
few of the City's issues.
I have had a chance to review the latest version with the City administration, and there
are still a number of changes to the current agreement that trouble the City. I have addressed
those issues section by section below. Please note that the City Council has not yet had an
opportunity to weigh in on the proposed revisions to the ILA. The City administration would
like to take this to a Community Affairs and Parks (CAP) committee meeting in June so that our
City Council Members can weigh in on behalf of the City, as well.
Please feel free to contact me with any questions. I look forward to working with you to
resolve these issues and to negotiate an agreement that both parties are satisfied with.
Section 2.4, Support Services
The language added to this Section by the City is language that is included in the current
agreement. It is simply to clarify the fact that invoices could potentially exceed $6,600.
Kenyon Disend, PLLC The Municipal Law Firm
I I Front Street South Issaquah,WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 www.kenyondisend.com
15
Section 2.5, Cost Controls
Unfortunately, there could be circumstances under which the City would not be able to
provide advance written notice that the annual maximum was going to be exceeded, and the City
would still need to recover costs for whatever service it had provided. For example, April, 2014
expenses were higher than $6,600 due to a large public records request. Since there was no way
the City could determine the cost of processing this request up front, it would have been tillable
to get advance written approval for that expenditure. if this were to happen toward the end of the
year, it could make the City exceed the annual maximum; however, the City would not know
until the services had already been rendered.
While the City will not agree to set an annual maximum, it understands the TPMPD's
desire to control costs. As such, the City is suggesting language requiring the City to notify the
TPMPD when costs hit $60,000, so that the parties can then work together to find ways to cut
costs moving forward,
Section 4.1, Annual Operations Plan ("Work Plan")
The current ILA does not have a requirement for a Work Plan. The City is not
necessarily opposed to creating a Work Plan, but further clarification is needed about what is
being requested and why. The City would like to see Sections 4.1.3 and 4.1.4 either removed or
clarified so that the City understands what is expected of it. Additionally, it is important to note
that preparing a Work Plan will add to the TPMPD's costs.
Section 4.3, Other Reporting
The City has changed "monthly" reporting to "quarterly." Monthly Work Plan reports
will be a lot of added work for the City, which will in turn drive up costs for TPMPD. Quarterly
reporting seems more appropriate.
Section 6, TPMPD Policies and Procedures
The City has added language requiring TPMPD to get prior approval from the City before
adopting policies that affect operations. Since the City is the pool operator, it is essential that the
City have input on any policy that affects operations.
Section 7.3, Arbitration
While the City is not opposed to alternative dispute resolution, and would be happy to
agree upfront to mediate a dispute prior to litigation, it is opposed to agreeing up front to
arbitration. If a dispute arises that is subject to mandatory arbitration, the City will, of course,
arbitrate. However, many civil actions are not subject to mandatory arbitration and there may be
cases where the City may feel arbitration is not appropriate. This is not unique to this
agreement—the City always attempts to remove mandatory arbitration clauses from contracts.
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INTERLOCAL AGREEMENT
FOR SUPPORT SERVICES
BETWEEN THE CITY OF TUKWILA AND
THE TUKWILA POOL METROPOLITAN PARK DISTRICT
In accordance with the Inter local Cooperation Act (RCW 39.34), the City of Tukwila
("Tukwila") and the Tukwila Pool Metropolitan Park District ("TPMPD"), both of whom are
Washington municipal corporations, hereby enter into the following agreement:
RECITALS
Tukwila and TPMPD, through their respective legislative bodies, have declared their
intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and
Tukwila and TPMPD recognize that the cost savings from shared support services greatly
outweighs the increased facility and administrative expenses in creating and maintaining separate
facilities and accounting practices associated with the operation of the City of Tukwila Pool and
related services;
Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support
services to facilitate the operation of TPMPD and the City of Tukwila Pool:
II. AGREEMENT
1. Term of Agreement, Termination and Renewal.
1.1 Term. This Agreement shall be valid from the Effective Date set forth in
Section 4.1 of this Agreement until December 31, 2015 unless terminated by
consent of the parties or by one of the termination methods set forth below, etc.
1.1.1 Termination for non-payment. If the TPMPD has not made a monthly
payment within ten (10) days after its due date of net 30, Tukwila shall
send, by registered mail and email, written notice to the TPMPD that
such payment is overdue. If payment is not made within five (5)
business days after said notice has been received, Tukwila may
terminate this Agreement by providing written notice to the TPMPD, it
being understood that nothing in this shall limit or impair Tukwila's
right to any remedy otherwise available under applicable law.
1.1.2 Termination for failure to carry insurance. Either party may terminate
this Agreement immediately in the event the other party fails to maintain
the insurance coverage required under Section 3.1.
1.1.3 Termination Without Cause. Either party may terminate this agreement
at any time with one hundred twenty (120) days written notice to the
other Party.
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1.2 Renewal. This Agreement may be renewed only by written agreement of both
Parties.
2. Scope of Work.
2.1 Pool Operations Scope of Work. Duties shall be performed by the incumbent
identified by job title(s), however the City Administrator may delegate
responsibilities based on staff availability and organization needs. Tukwila
shall perform the duties described in "Exhibit 1" for the TPMPD.
2.2 Pool Staff and Management. The cost of pool staff and management salaries
and benefits are not included in this agreement. The cost of pool staff and
management salaries and benefits shall be billed separately to the TPMPD. The
positions of Aquatics Program Coordinator, Aquatics Program Specialist, and
Extra Labor comprise pool staff and management.
2.3 Support Services Scope of Work. Duties shall be performed primarily by the
incumbent identified by job title, however, the City Administrator may delegate
responsibilities based on staff availability and organizational needs. Tukwila
shall perform duties described in "Exhibit r as needed and requested by the
Board President or his or her designee.
2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support
services based on the hourly wages and benefits of City staff and their time
spent providing support services, plus 10% for overhead expenses. Support
Services are estimated to cost approximately $6,600 per month; however,
nothing in this agreement limits Tukwila's ability to invoice more than $6,600
per month.
2.5 Cost Controls. Tukwila is authorized to invoice on a cost for service basis--ttp-t e.
the annual maximum amount of $80,000. Once costs Costs for support services
- - -0 -
from the Board .have reached $60,000. Tukwila shall notify the TPMPD
soon as it determines that the annual maximum amount may be exceeded and
the parties shall provide TPMPD with variouswork together to find options for
reducing the costs. TPMPD will actively seek and implement cost saving
measures to assist in maintaining costs below the annual maximum.
2.6 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for
support services provided to TPMPD outlining the nature of the services
provided, the hours of service provided, the hourly rate applicable to such
services and the expenses incurred no later than 15 business days after the end
of each month. Payment shall be due from TPMPD 30 days from the date of
invoice and made payable to the City of Tukwila.
2.7 Employees. All City employees who provide the TPMPD the services called for
in this Agreement shall be employees of the City, and not employees of the
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TPMPD. Except as provided in this Agreement, the employees of the City who
are performing the services called for in this Agreement shall not be entitled to
any benefit from the TPMPD. The City shall, at all times, be solely responsible
for the conduct of its employees in performing the services called for in this
Agreement. The City shall be solely responsible for all compensation, benefits
and insurance for its employees. The TPMPD agrees to adopt and follow the
City's personnel policies and procedures related to employee safety, pool
behavior and workplace harassment.
2.8 Records. All records relating to the provision of the services called for in this
Agreement shall be considered records of the TPMPD, and shall be retained in
accordance with the records retention requirements of the TPMPD; provided,
the City may retain copies of any records that it must retain to comply with its
own retention requirements or other applicable laws.
Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold
harmless the other party and each of its employees, officials, agents, and volunteers from
any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any
negligent or willfully tortious actions or inactions by the performing party or any of its
employees, officials, agents, or volunteers, while acting within the scope of the duties
required by this Agreement. Each party shall be responsible for its own legal costs and
attorneys' fees. This provision shall survive the expiration of this Agreement. This
provision shall also survive and remain in effect in the event that a court or other entity
with jurisdiction determines that this Agreement is not enforceable. It is further
specifically and expressly understood that the indemnification provided herein constitutes
each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to
carry out the purposes of this indemnification clause. The parties further acknowledge
that they have mutually negotiated this waiver.
3.1 Insurance. Each party shall carry and maintain, for the duration of this
Agreement property and liability insurance coverage for all operations,
facilities, equipment, and personnel, including liability, at not less than the
amount and coverage's as existing on the date of this Agreement in a form and
with a company acceptable to the other party.
4. Accountability and Reporting.
4.1 Annual Operations Plan, (also known as the "Work Plan"). Tukwila, working
in conjunction with the Executive Director, shall provide the TPMPD with an
Annual Operations Plan for the coming year on or before November 15th of
each year. The Work Plan shall be subject to the approval of the TPMPD,
within 45 days of submittal, which approval shall not be unreasonably withheld.
If the TPMPD does not approve the Work Plan, it shall specify in detail a
reasonable basis for its disapproval. If the TPMPD fails to provide its approval
or a reasonable basis for disapproval within the foregoing 45-day period, the
Work Plan as submitted by Tukwila shall be deemed approved. In the event of
dispute or disagreement regarding the adoption of or compliance with the Work
19
Plan, the parties shall resolve such dispute pursuant to the Dispute Resolution
provisions in Paragraph 6. The Work Plan shall include, at a minimum, the
following elements:
4.1.1 Proposed pool hours, programs, partnerships, and user fees.
4.1.2 Proposed routine maintenance plan and identification of non-routine
maintenance for the year.
4.1.1 Benchmarks for staff development and other efforts that contribute to
overall swimmer safety and customer stitaction.
471750 3 Proposed annual operating budget including all operational
expenses and expected revenue (not to include capital expenses or
TPMPD administrative costs).
4.2 Financial Reporting. Tukwila shall provide monthly financial reports to the
TPMPD. The monthly reports shall provide all income and expenses, including
staffing and support services, separating operational expenses from capital
expenses and TPMPD administrative costs. The reporting shall be submitted to
the TPMPD Board in time to be included in the distribution for the monthly
public meeting.
4.3 Other Reporting. Tukwila shall provide the TPMPD with MetAly-quarterly
reports including, but not limited to, progress toward goals outlined in the
Work Plan. These reports are due to the Executive Director one week (seven
days) prior to the monthly TPMPD Board of Commissioner's meetings.
4.4 Performance Audits. The TPMPD may conduct Performance Audits at such
time as TPMPD determines a Performance Audit is necessary. Performance
Audits will include, but are not limited to, review of Tukwila's performance
against Work Plan benchmarks, budget, timelines of current and future projects
and other deliverables as presented to the Executive Director and outlined in the
annual Work Plan.
5. Tukwila Policies and Procedures. The TPMPD agrees to adopt and follow all Tukwila
policies and procedures relating to the operation of the pool existing on the date of this
Agreement. Tukwila reserves the right to modify, remove or add policies and procedures
relating to the operation of the pool, provided however, if such policies and procedures
affect the TPMPD's costs under this Agreement, such modified, removed or additional
policies shall be subject to the prior approval of the TPMPD, such approval by the
TPMPD not being unreasonably withheld.
6. TPMPD Policies and Procedures. The TPMPD reserves the right to adopt TPMPD
policies and procedures that govern pool policy and operations. If such policies or
20
procedures affect the wages or working conditions of Tukwila employees or pool
operations, such policies and procedures shall be subject to prior approval by Tukwila,
such approval not being unreasonably withheld. TPMPD policies may not relax
requirements below current local, state or federal standards. TPMPD policies shall
supersede all previous policies once adopted.
7. Dispute Resolution.
7.1 Negotiation. In the event a dispute arises under this Agreement the parties agree to
engage in a process of negotiation to resolve such dispute.
7.2 Mediation. If the parties are unable to resolve a dispute regarding this Agreement
through negotiation, either party may demand mediation through a process to be
mutually agreed to in good faith between the parties within 30 days. The parties shall
share equally the costs of mediation and each party shall be responsible for their own
costs in preparation and participation in the mediation, including expert witness fees
and reasonable attorney's fees.
Arbitration, including the Local Mandatory Arbitration Rules of the King County
Superior Court, King County, Washington, as amended, unless the parties agree in
writing to an alternative dispute resolution process. The arbitration shall be before a
disinterested arbitrator selected pursuant to the Mandatory Arbitration Rules with
arbitration shall be mutually agreed or established by the assigned Arbitrator, and thc
laws of Washington will govern its proceedings. Each party shall be responsible for
its own costs in preparing for and participating in the arbitration, including expert
witness fees and r asonable attorney's fees.
7.4 Judicial Review. Following the arbitrator's issuance of a ruling/award, either party
demand for a bench trial de novo in the King County Superior Court. The court shall
the party demanding the trial de novo does not improve its position from the
arbitrator's ruling/award following a final judgment, that party shall pay all costs,
7.5 Exclusive Process. Unless otherwise agreed in writing, this dispute resolution
dispute regarding this Agreement, and its interpivation, application or br-ach,
; Z "
law, state statute or local ordinance or for any breach of administrative rule or
regulation and regardless of the amount or type of relief demanded.
21
8. General Provisions.
8.1 No Separate Entity Created. This Agreement does not establish a separate legal
entity, joint board, or administrative section for the purpose of acquiring,
managing, or disposing of property, or any other financial obligation allowed
under the Interlocal Cooperation Act.
8.2 Administration. Unless the Parties otherwise agree, there shall be no lead
agency responsible for the administration of this Agreement. This Agreement
shall be administered jointly by the chief officers of the respective Parties.
8.3 Property Ownership. This Agreement does not provide for jointly owned
property. All property presently owned or hereafter acquired by using TPMPD
funds shall remain the property of the TPMPD and all property presently owned
or hereafter acquired using City funds in performing services under this
Agreement shall remain the property of the City in the event of the termination
of this agreement.
8.4 Benefits. This agreement is entered into for the benefit of the parties to this
agreement only and shall confer no benefits, direct or implied, on any third
persons.
8.5 Effective Date. This Agreement shall be effective upon ratification by each
Party's governing body and execution by TPMPD' s Board President and the
Mayor of Tukwila.
8.6 Amendment. This Agreement may be amended only upon the consent of both
Parties. Any amendments shall be in writing and shall be ratified and executed
by the Parties in the same manner in which this Agreement was originally
adopted.
8.7 Waiver. The waiver by any party of any breach of any term, covenant, or
condition of this Agreement shall not be deemed to be a waiver of any
subsequent breach of the same term, covenant, or condition of this Agreement.
8.8 Severability. If any provision of this Agreement shall be held invalid, the
remainder of the Agreement shall not be affected thereby.
8.9 Entire Agreement. This Agreement represents the entire understanding of the
Parties and supersedes any oral representations that are inconsistent with or
modify its terms and conditions.
8.10 Counterparts. This Agreement shall be effective whether signed by all Parties
on the same document or signed in counterparts.
8.11 Notices. Any notice to be provided under the terms of this Agreement, shall be
delivered by certified mail, return receipt requested, or by personal service to
the following:
22
For Tukwila: For TPMPD:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
President
TPMPD
6200 Southcenter Blvd.
Tukwila, WA 98188
23
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
C1 1Y OF TUKWILA TUKWILA POOL METROPOLITAN
PARK DISTRICT
By: By:
Jim Haggerton, Mayor Title: Board President
Dated: Dated:
Attest: Attest:
Christy O'Flaherty, City Clerk
Approved as to Form:
Title: Clerk of the Board
Approved as to Form:
Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD
24
ATTACHMENT C
INTERLOCAL AGREEMENT
FOR SUPPORT SERVICES
BETWEEN THE CITY OF TUKWILA AND
THE TUKWILA POOL METROPOLITAN PARK DISTRICT
In accordance with the Inter local Cooperation Act (RCW 39.34), the City of Tukwila
("Tukwila") and the Tukwila Pool Metropolitan Park District ("TPMPD"), both of whom are
Washington municipal corporations, hereby enter into the following agreement:
RECITALS
Tukwila and TPMPD, through their respective legislative bodies, have declared their
intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and
Tukwila and TPMPD recognize that the cost savings from shared support services greatly
outweighs the increased facility and administrative expenses in creating and maintaining separate
facilities and accounting practices associated with the operation of the City of Tukwila Pool and
related services;
Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support
services to facilitate the operation of TPMPD and the City of Tukwila Pool:
II. AGREEMENT
Term of Agreement, Termination and Renewal.
1.1 Term. This Agreement shall be valid from the Effective Date set forth in
Section 4.1 of this Agreement until Januacy-12-14-4-6--Decerriber 3 1_, 2O1 unless
terminated by_consent of the _parties or t cme of the tertinnation methods sel
1,1,1„...._„—,,,c;t1.111111.1.11,91:1, for no.11211,4,YIPqr11,_.,117..1h.e.„3,11Y1PRIALII1Ot_1114..d.g.A....IDP11,41,tY
paKment within ten (JO) c1 iy,s. after its (JUL date Of net :30 Tukwila shall.
serich.:12y_yegisteredrniaiLapct cinu1, writtellnoticeto_ths:Lf"PMPT) t.1.at
such payment. is overdue, If ...p,'aynnent is n.ot made within
business Chas .ifter said notice ha..s been .received,_ Tukwila.. rniy
terminate this Agreerne.nt by.Erovidiav written .notice to the TPMPD it
being_ Understood th.at in this shall lim.it or imp_air Tukwila's
right to any re.medyptherwise available under allOicabklavy,
1.1.2 Termination for failure to carty insiirance. Ea ter party may terminate
1111.5 Agr.g.g.I.I1c111.I11111flechatel Oh the eve1,11..Sh.gJ2t.h.PEPYrtY_Ila.11 11.14intAA
the insurance cover°4e revired under Section
1..1.3 I ermination Without Cau se„ Either jpany maiyjermi nate this 41u:cement
41, any tHfle Wth OnI hUnclR(l (WUfl,y (l2O) day5WiittU)flOtft( Jo the,
P.,11-1.11.,Part3L
25
1.2 Renewal. This Agreement may be renewed only by written agreement of both
Parties.
2. Scope of Work.
2.1 Pool Operations Scope of Work. Duties shall be performed by the incumbent
identified by job title(s), however the City Administrator may delegate
responsibilities based on staff availability and organization needs. Tukwila
shall perform the duties described in "Exhibit 1" for the TPMPD.
2.2 Pool Staff and Management. The cost of pool staff and management salaries
and benefits are not included in this agreement. The cost of pool staff and
management salaries and benefits shall be billed separately to the TPMPD. The
positions of Aquatics Program Coordinator, Aquatics Program Specialist, and
Extra Labor comprise pool staff and management.
2.3 Support Services Scope of Work. Duties shall be performed primarily by the
incumbent identified by job title, however, the City Administrator may delegate
responsibilities based on staff availability and organizational needs. Tukwila
shall perform duties described in "Exhibit 2" as needed and requested by the
Board President or his or her designee.
2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support
services based on the hourly wages and benefits of City staff and their time
spent providing support services, plus 10% for overhead expenses. Support
Services witlare estimated to cost approximately S6,600 per month; however,
nothing in this agreement limits Tukwila's ability to invoice more than $6,600
per month.
Cost Controls. "..fu.kwila is authorized to invoice on a cost. for service basis„
Oii . c ( - 1 5 1 S 1 1gr.....StiPPQit§f.;IYkLe5 tWV(1EQ2S211c4._'S(501:290.a.
'IPMPD and th.e parties shall work . together to find. utions fdr .reducina the
costs. TIPMPD will actively seek and innplement cost, savip&rriKasluxIsteL4SSi.S11
in maintain:ha! costs below t.he annual maximum.
_6 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for
support services provided to TPMPD outlining the nature of the services
provided, the hours of service provided, the hourly rate applicable to such
services and the expenses incurred no later than 15 business days after the end
of each month. Payment shall be due from TPMPD 30 days from the date of
invoice and made payable to the City of Tukwila.
Employees. All City employees who provide the TPMPD the services
called for in this Agreement shall be employees of the City, and not employees
of the TPMPD. Except as provided in this Agreement, the employees of the
City who are performing the services called for in this Agreement shall not be
entitled to any benefit from the TPMPD. The City shall, at all times, be solely
26
responsible for the conduct of its employees in performing the services called
for in this Agreement. The Ci shall be solely responsible for all compensation,
benefits and insurance for its employees. The TPMPD agrees to adopt and
enffweefpl low the City`a policies and procedures related to employee
safety, pool behavior and workplace harassment.
Records. All records relating to the provision of the services called for in
this Agreement shall be considered records of the TPMPD, and shall be retained
in accordance with the records retention requirements of the TPMPD; provided,
the City may retain copies of any records that it must retain to comply with its
own retention requirements or other applicable laws.
3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold
harmless the other party and each of its employees, officials, agents, and volunteers from
any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any
negligent or willfully tortious actions or inactions by the performing party or any of its
employees, officials, agents, or volunteers, while acting within the scope of the duties
required by this Agreement. Each party shall be responsible for its own legal costs and
attorneys' fees. This provision shall survive the expiration of this Agreement. This
provision shall also survive and remain in effect in the event that a court or other entity
with jurisdiction determines that this Agreement is not enforceable. It is further
specifically and expressly understood that the indemnification provided herein constitutes
each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to
carry out the purposes of this indemnification clause. The parties further acknowledge
that they have mutually negotiated this waiver.
3.1 Insurance. Each party shall carry and maintain, for the duration of this
Agreement property and liability insurance coverage for all operations,
facilities, equipment, and personnel, including liability, at not less than the
amount and coverage's as existing on the date of this Agreement in a form and
with a company acceptable to the other party.
Annual Qperations , working
.
each year., The 'Work Pltni. shall be subject to .th.e approval of ^
the TPMPIL
within 45 da.ys of submitted„which approval shall not be unreasonably withheld,
If the it
reasonable basis for its disapp[oval, If the TP... fails to Novide its approyal
or a reasonable basis for ^ .the foregoibg 45-day .peripd..„Ille
submitted In the event of.'
Work Plan tts j: or ClisnIr&pleat
the_parties dispute_pursuant to the Dispute
LI-1).1:QPcY',iqd. EctfAt11211.rar...B.EQUITILVIllitcfsb1125Land user
maintenan.ce I.'or tile year,
Proposed. annual ppera.ting riudgct.includi.rig all operati.onal ekvenses
acimillistrative riosts),„
4.2 .Financial R..eporting Atiovila shall Trovide fina.ncial. reports to the
TR...Pa The triotithly pQorts shalfprovidc all income a.nd. ermiensesjnclurling
sta.:1E1_1.g id support services.„ separating, oartrational enienses fro.rn capital
e.xpprises and TPM.PD adrpinistratiAre costs. The reppitingiiiiall be submitted to
the TPMPD Board in ti.rne to he included in .th.e distribution .for th.e monthly
public meeting,
Other Reporting. Tuk.wila shall provide the TPMPD with quarterly_ reports
including, 12pLpotitmisedtoprogresi,t toward goals outin.ed in the Work. Plan.„
These reports ..tre due to .the .Director one week f seven day) Jirior to
4.4 .Performance .Au.dits. The "111PM.IPD inay„ conduct .Perforthan.ce Audits at such
tirne as TPIVIRD determines a Perforrnance Audit is net7ressaily. Performance
Auditswifl tOrd'Ild's to,
against Work Plan benchmarks budget„timelin.es of current and future_ppidects
and other d.eliverables a xesented to the "Executive Di..rector and outlin.ed .in the •
annual.
Tukwila Policies and .Procedures. The TPM..PD agrees to adopt and follow nH Tukwila
policies and procedures relating to the operation of the ...pool existing_ on. tlie date of this
I:elating to the operation of the prxt, provided howeverli1 suchpolicics a..nd_procedures.
policies shall be. sithjeet to the prior approval of the TPMPD, such wall by t.he
6. TPMPD Policies and ,Procedures. The TP,',MPD„ Jesetryes_the_odght_lp:adopt,„,IPMPD
policies and procedures th.at gpvern pool policy and operations. IS such ..policies_or
procedures af.fect the w....4ges or working condition.s
pperationti„ silch policies and.Lproced:ures shall be subject to prior approval by Tukwila,
,,itioll_approyalLnot _I:wing unreasonably withheld. TPMPD pohccs tricu not .rej.ax.
requirements below current local,„ state or federal standards. TPMPD
LJQJii.
PNegotiationApr_the event a dispute arises .under this Aziceenlient the _parties .tgree
evvqein Jt_plopes.5„„ofiRegotiation_to resolve such dispute,
28
7 .2 ediation If t he_partie s tlre Una b Ite tO apuittLItz...a.rd Agree inep
n
ffi(ghcotIutliJL , e th e r party _inn_ tIt2pItipd _pled t t o La proees s to_he
rptitpt,tit y agtepd iuu n go, od fa i th between th p at es wi th n 30 days ]he ipArdes hall
eachTarty shall be responsible fotr their own
costs in .11f9.1Plgat oh a h(1....114fIlttiP.:4.11h11:111,..lhedrfl attitAi.
and reasonable attorney's fees.
4,8.General Provisions.
8.1 No Separate .Entity Created. 'This Agreement d.oes not establish a septtr4te,,,,,,,,kzal
eptityjoint boarcl„ or administrative section for the purpose of acctuirl,pg,„
m.an.a.gipg, or, dis,tposipz ofTrope.rty, or any other financial obliption. allowed
Administration.. 'Unless the Parties otherwise agee, there shall be noJed
pzency reaon.sible tbr the administration of this Agreement. This Agreerrient,
shall be administeredjointly, by the chief officers of the respectiveYtxtigs.,
8.3 Pr.c42..ertY Owhersh112 t his gLeefneot.,......kp.gi.......pigyik...._.1PLigintlygssn01,
property. All prwerty_presentl.K owned or herea..fter acquired by .Lising
funds shall remain the_prope.rtyof the TP. ..PD and altpropertypresently owned
oiiberealler acquired using.__ reIty, funds in. pprforming services under ilus
zreem.ent shall remain the property of the City in th.e event of the termination
.9t.this
8,4 Benefits. This agreement is entere in.to for the ben.efit of the rties to this
,agiLeerne.ht only and shall confer no benefits„direa or iinphed, .. in dEty t1
por.:5opk:,„,
Effective Date. This Agreement shall be effective upon ratification by
each Party's governing body and execution by TPMPD's Board President and
the Mayor of Tukwila.
Amendment. This Agreement may be amended only upon the consent of
both Parties. Any amendments shall be in writing and shall be ratified and
executed by the Parties in the same manner in which this Agreement was
originally adopted.
_48.7 Waiver. The waiver by any party of any breach of any term, covenant, or
condition of this Agreement shall not be deemed to be a waiver of any
subsequent breach of the same term, covenant, or condition of this Agreement.
4-48.8 Severability. If any provision of this Agreement shall be held invalid, the
remainder of the Agreement shall not be affected thereby.
29
Entire Agreement. This Agreement represents the entire understanding of
the Parties and supersedes any oral representations that are inconsistent with or
modify its terms and conditions.
Counterparts. This Agreement shall be effective whether signed by all
Parties on the same document or signed in counterparts.
4-78 1 1 Notices. Any notice to be provided under the terms of this Agreement,
shall be delivered by certified mail, return receipt requested, or by personal
service to the following:
For Tukwila: For TPMPD:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
30
President
TPMPD
6200 Southcenter Blvd.
Tukwila, WA 98188
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
CII Y OF TUKWILA TUKWIT A POOL METROPOLITAN
PARK DISTRICT
By: By:
Jim Haggerton, Mayor Title: Board President
Dated: Dated:
Attest: Attest:
Christy O'Flaherty, City Clerk Title: Clerk of the Board
Approved as to Form: Approved as to Form:
Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD
31
32