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Home My WebLink AboutFS 2016-03-08 COMPLETE AGENDA PACKETCity of Tukwila Finance and Safety Committee O Verna Seal, Chair O Dennis Robertson O Kate Kruller AGENDA Distribution: Recommended Action V. Seal P. McCarthy D. Robertson C. O'Flaherty K. Kruller R. Turpin K. Hougardy L. Humphrey T. McLeod D. Tomaso Mayor Ekberg B. Miles D. Cline Don Tomaso, Fire Marsha/ TUESDAY, MARCH 8, 2016 — 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. A fireworks permit from Sounders S2 for the 2016 soccer a. Forward to 3/14 Special Pg.i season at Starfire Sports Complex. Meeting Consent Don Tomaso, Fire Marsha/ Agenda. b. A lease agreement with the Tukwila Historical Society b. Forward to 3/14 Special Pg.13 for the old City Hall facility. Meeting Consent Brandon Miles, Economic Development Liaison Agenda. c. An Interlocal Agreement with the City of Burien for c. Forward to 3/14 Special Pg.27 Public Defense Program monitoring and evaluation. Meeting Consent David Cline, City Administrator Agenda. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, March 22, 2016 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Safety FROM: Interim Chief Flores BY: Don Tomaso, Fire Marshal CC: Mayor Ekberg DATE: February 29, 2016 SUBJECT: Sounders S2 Fireworks Permit ISSUE The Sounders S2 has applied for a fireworks permit for the 2016 soccer season. BACKGROUND The Sounders S2 has requested a fireworks permit pursuant to RCW 70.77 and TMC 8.12.020(3). They will be using proximity type fireworks called "GERBS ": these specialty fireworks emit a shower of sparks that quickly extinguish before they fall to the ground or turf The Sounders Men's Group also conducts the same style event at Century Link Field home games. DISCUSSION The Sounders S2 will be using the fireworks at select home games over the course of the 15 home games this season and any post- season S2 home games. If the S2 proposes any additional fireworks other than the GERBS, it will be reviewed on a case by case basis for compliance and safety. The proposed GERB fireworks have been reviewed for the intended use and fall within the manufacturer's recommendations. Starfire Sports is supportive of this request and has provided a letter of support. FINANCIAL IMPACT None RECOMMENDATION Staff recommends that the application be approved and placed on the March 14, 2016 consent agenda. ATTACHMENTS Memo to Interim Chief Flores dated February 29, 2016 Washington State Public Fireworks Display Permit Packet Letter from Starfire Sports dated February 29, 2016 S2 Home Game Schedule 2 DATE: February 29, 2016 TO: Interim Chief Flores FROM: Don Tomaso, Fire Marshal SUBJECT: Sounders S2 Fireworks Permit Application The Sounders S2 has applied for a fireworks permit to utilize proximity fireworks called GERBS for select home games this season at Starfire Sports stadium. There are 1.5 scheduled home games and an undetermined number of potential post season games. Starfire Sports has also provided a letter of support for this permit at their stadium GERBS emit a shower of sparks into the air that extinguish before falling to the ground or turf and are commonly used at sporting and concert events. The company preforming the show is Advanced Entertainment Technologies, DBA Image Engineering. The firm has supplied the required application and certificate of insurance as required by RCW 70.77 and TMC 8.12, and provided the current copy of the pyro technician's license. I conducted additional research on Image Engineering. They conduct special effects for a variety of public sporting and concert venues across the country, and have multiple offices in several major cities, such has Seattle, Los Angles and Baltimore. They have provided gyro technical services to The Wiz Man, LA Galaxy Radio Show, Kevin Hart — Let Me Explain Tour and the Baltimore Ravens. I have scheduled this fireworks permit for the March 81h Finance and Safety Meeting and will be seeking to have it placed on the March 141h consent agenda. If you have any questions, please let me know. 3 El THIS FORM IS INTENDED TO BE USED AS GENERIC PUBLIC DISPLAY PERMIT FOR THE AUTHORITY HAVING JURISDICTION AND.PYROTECHNIC OPERATORS WITHIN THE STATE OF WASHINGTON Name of Event Sounders S2 Home Games Street Address 14800 Starfire Way City Tukwila Event Date March 25, 2016 Applicant County King Event Time 7:30 EIAM 0 P Applicant's/Sponsor's Name Sounders S2 Phone No. 206-512-1210 Pyrotechnic Operator Michelle Wuscher License No. 16-1296 Experienced Assistant's Name Rick Olsen General Display Company Name Advance Entertainment Techn Phone No. 410-355-2055 Attach a separate piece of paper and/or copies of the following documents: • The number of set pieces, shells (specify single or multiple break), and other items. • The manner and place of storage of such fireworks prior to the display, • A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of all buildings, highways, and other lines of communication; the lines behind which the audience will be restrained; and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction. • Documentary proof of procurement of Surety bond or public liability insurance. ILocal Fire Code Authority I Authority Having Jurisdiction Tukwila Fire Department Name of Permitting Official Don Tomaso Title Fire Marshal Phone No. 206-575-4407 Permit Granted: ❑ Yes R] Yes, with Restrictions (see "Notations" below) ❑ No Restrictions/Notations Have standby personnel with portable fire extinguishers, both dry chemical and water based within 50' of discharge locations. March 14, 2016 Signature of Permitting Official Date of Approval Permit Number If approved, this permit is granted for the date and time noted herein under the authority of the International Fire Code in accordance with Revised Code of Washington 70.77 and all applicable rules and ordinances pertaining to fireworks in this jurisdiction. This permit is INVALID unless in the possession of a properly licensed Pyrotechnic Operator, who is responsible for any and all activities associated with the firing of this show. MUST BE APPROVED BY THE AUTHORITY HAVING JURISDICTION 3000-420450 (R 3113) SounderS2 Home Game Schedull Starfire Stadium 14800 Starfire Way Date Opponent Kick-off PM Friday, March 25, 2016 Sacramento Republic 7:30 Wednesday, March 30, 2016 Arizona United 7:30 Sunday, April 03, 2016 San Antonio 5:00 Tuesday, April 12, 2016 Rio Grande Valley 7:30 Sunday, April 17, 2016 Colorado Springs 7:00 Sunday, May 01, 2016 Oklahoma City 7:00 Sunday, May 08, 2016 Tulsa Roughnecks 7:00 Sunday, May 22, 2016 LA Galaxy 11 5:00 Thursday, June 09, 2016 Whitecaps 2 7:30 Sunday, June 26, 2016 Kansas City 5:00 Sunday, July 10, 2016 Colorado Springs 5:00 Sunday, July 24, 2016 Timbers 2 5:00 Monday, August 01, 2016 Real Monarchs 7:30 Monday, August 29, 2016 Timbers 2 7:30 Friday, September 02, 2016 Whitecaps 2 7:30 N. ADVAN16 OP ID: SG CERTIFICATE OF LIABILITY INSURANCE pATE,>aIIw.DD,YYY„ 03/01/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Insurance Services Group, Inc. 309 International CIr.,Ste 100 Hunt Valley, MD 21030 Sharon Gardner NAME-. Sharon Gardner PHONE Ns.� ,,:410-296-5700 A/C No ; 410- 296 -7490 �; s ardnert�is usa.com INSURE AFFORDING COVERAGE NAIC t A INsunm A: James River Insurance Co. COMMERCIAL GENERAL LIABILITY CLAJMS -MADE X ; OCCUR X INSURED ADVANCED ENTERTAINMENT TECHNOLOGIES INC INSURER 6: 01/31/2016 INSURER C: EACH OCCURRENCE BSA IMAGE ENGINEERING INSURER D: PREM SES (Ea oxurr TECHNOLOGIES, INC PO Box 15695 MED EXP (Any one peraw) Baltimore, MD 21221 INSURER E ..... _.__.__ ...,_..,.. INSURER F ['i41r /=4:T Tei THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUI.C�EyD BY PAID CLAIMS. IN SR TYPE OF INSURANCE POLICY NUMBER MMM/DOffYYYY M Mf POLICY YXY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAJMS -MADE X ; OCCUR X 00065516-1 01/31/2016 01/31/2017 EACH OCCURRENCE S 1,000,00 PREM SES (Ea oxurr $ 100,00 MED EXP (Any one peraw) $ 5,00 ..... _.__.__ ...,_..,.. X POI) S1 m PERSONAL s ADV INJURY $ 1,D00,00 GENERALAGGREGA71 $ 5,000,00 GENL AGGREGATE LIMIT APPLIES PER- ER' _._'1 f PRO- POLICY JECT LOC r e.m. PRODUCTS - COMPtOPAGG s 2,000,00 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIW1T Ea acdc(eno S BODILY INJURY (Per person) S ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE Pnrawderd S 5 UMBRELLA LIAR OCCUR EACH OCCURRENCE S 10,000,00 A X EXCESSUAa CLAIMS -MADE 00065517.1 01/31/2016 01/31/2017 AGGREGATE $ 10,000,00 DEO I I RETENTION 5 Is , WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERrEXECUTNE OFFICER/MEMBEREXCLUDED? Q N!A STATUTE ER E L. EACH ACCIDENT S E L. DISEASE • EA EMPLOYE - $ (Mande my In NHI Utf es, da0 fender SCRIPTI satbOF OPERATIONS below E.L. DISEASE • POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Rwaarks Schadtie. may be attached If more space Is required) RE: 2016 Sounders FC 2 season Starfire Stadium Is an Additional Insured with regard to work performed by the Named Insured and as required by written contract or agreement. The gerbs are described as: (10) Garb 3 1 Os20' fired on top of flagpoles at Starfire Stadium Starfire Stadium 14800 Starfire Way Tukwila, WA 98188 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WTrH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Sharon Gardner 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (20140101) The ACORD name and logo are registered marks of ACORD 4 lR Licensee Data Washington State Patrol Fire Protection Bureau Office of the State Fire Marshal Pyrotechnic Operator License Michelle Wuscher P.O. Box 193 Gig Harbor, WA 98335 License Number: P-04359 State Fire 'MarolAv Phone Number: Email Address: Date of Issue: Date of Expiration: Licensee WO Mount Card 16-1296 (360) 791-0745 pyroandfirefx@gmaii.com January 26, 2016 January 31, 2017 Licensee Signature WIMAGEENGWEERING 1.800771.7938 1. All shooters carrying flag poles will bm instructed bnalicensed pyro technician using the flag pole and firing device prior to allowing them bo handle live product. During this training no live product will beinstalled or used 2. Once the shooters have been trained the licensed sbooter(s) will take the live product and install on each flagpole. These flagpoles will be stored iothe pyrotechnics staging area under the supervision of the pyrotechnic crew. 3. Sounders crew and pyrotechnic crew will take the flagpoles and stage them io one of the entrance tunnels tn the field where the shooters will pick thcmm up. The entire time the flagpoles will be under the supervision ofthe licensed mboobyr(s) and Sounders crew. 4, Only when itis immanent that the shooters will take the field then and only then will they be given their flagpole under the supervision uf the Sounder's crew and licensed p}rotechnician. 5. Once they take the field they will be under the supervision of the pyrocrew who will supervise them executing the device. The licensed shooter will also have fire extinguisher with them. NOTES: A. There will be(1U)Gerb31OoW. No breaking shells, B. The product will be shipped ho the shooters location and stored inan existing approved bunker and delivered bo the stadium the day of the event. Any unfired product will beboxed in approved boxes and taken back to the shooters storage facility for storage. � = February 29, 2016 DomTomaso Battalion Chief Fire Marshal City of Tukwila IBM, aim |onn writing to confirm that | grant the Seattle Sounders FC permission tn use fireworks during the 32 games inside the StarUne Sports Stadium for the 2O16season. egards Ben Oliver Vice President and General Manager Starfire Sports StarfireSporft 14e00 Stamm Way Tukwila, ww 98188 Phone: 206.431.3232 Fax: 206.431.6811 www.atarfimoports.com Home Game Schedule Starfire Stadium 14800 Sta rf i re Way Date Opponent Kick -off PM Friday, March 25, 2016 Sacramento Republic 7:30 Wednesday, March 30, 2016 Arizona United 7:30 Sunday, April 03, 2016 San Antonio 5:00 Tuesday, April 12, 2016 Rio Gra nde Va I I ey 7:30 Sunday, April 17, 2016 Colorado Springs 7:00 Sunday, May 01, 2016 Oklahoma City 7:00 Sunday, May 08, 2016 Tulsa Roughnecks 7:00 Sunday, May 22, 2016 LA Galaxy 11 5:00 Thursday, June 09, 2016 Whitecaps 2 7:30 Sunday, June 26, 2016 Kansas City 5:00 Sunday, July 10, 2016 Colorado Springs 5:00 Sunday, July 24, 2016 Timbers 2 5:00 Monday, August 01, 2016 Real Monarchs 7:30 Monday, August 29, 2016 Timbers 2 7:30 Friday, September 02, 2016 Whitecaps 2 7:30 12 City of Tukwila Allan Ekberg, Mayor To: Finance and Safety Committee From: Brandon J. Miles, Economic Development Date: March 3, 2016 CC: Mayor Ekberg Subject: New Lease Agreement with Tukwila Historical Society for Tukwila Grade School /Old City Hall Premise ISSUE Should the City enter into a new lease agreement with the Tukwila Historical Society (hereinafter "Society ") for continued use of the Tukwila Grade School /Old City Hall, located at 14475 591h Avenue South? BACKGROUND In 2010 the City entered into a five year lease agreement with the Society to occupy the old Tukwila Grade School /Old City Hall building. City Administration and the Society desire to enter into a new lease agreement, allowing the Society to continue to operate from the property. DISCUSSION The Society's utilization of the building has been mutually beneficial to both the City and the Society. The City has been able to hand over the day to day care of the building to a third party with a vested interest in the upkeep of the building. While the Society's ability to have a permanent physical space has allowed the Society to grow its membership and expand its offerings. The following are the proposed deal terms of the new lease agreement: Consideration: As with the previous lease, the City will not charge the Society a base rent; instead, the Society will agree to perform certain services: Work to continue to secure funding for upkeep and repairs to the historic building. All repairs and building work must be approved by the City. Provide general upkeep of the building and grounds. Develop programing for children and youth to educate about the history of Tukwila and the Duwamish /Green River Valley. Term: The term of the lease is for five years with a provision that allows the Mayor to execute an amendment to extend the agreement for an additional five years. Rental of Space: In order to generate funds to support and sustain the Society, the Society has requested the ability to rent the space to private groups for events. The lease agreement permits renting the space with limitations on the duration of events, time of day of events and insurance requirements. City may terminate the right to rent the space in the event that the rentals create disturbances for adjacent residents or impact the residential neighborhood. 13 INFORMATIONAL MEMO Page 2 The agreement prohibits the Society from renting the space out long term. Insurance: The Society is required to maintain adequate insurance coverage and name the City as an additional insured. City's (Lessor) Responsibilities: The City is responsible for all utilities, routine janitorial, cleaning, and minor repairs. City's responsibilities for repairs shall not exceed $100.00 per month, $1,200 per month. The City is responsible for maintenance and repair of the building. City retains absolute authority and discretion in determine, what if any maintenance or repairs are performed on the building. It is staff's understanding that members of the Society are still reviewing the proposed lease. Furthermore, staff understands that some members of the Society desire a ten year term for the agreement. FINANCIAL IMPACT None. RECOMMENDATION Administration recommends that the City enter into a new lease agreement with the Society. The Committee is being asked to forward the new lease agreement to the March 14th consent agenda. ATTACHMENTS • Draft Lease Agreement 14 DRAFT, March 3, 2016 LEASE AGREEMENT •._,i5- THIS LEASE AGREEMENT, dated this day of 2016, is entered into by and between the City of Tukwila, a political subdivision of the State of Washington (hereinafter, "Lessor "), and the Tukwila Historical Society, a local 501(c)(3) organization (hereinafter, "Lessee "), for the purpose of leasing the building and improvements formerly referred to as the Tukwila Grade School /Tukwila City Hall, located at 14475 59th Ave South, Tukwila, Washington, 98168 (hereinafter, "Heritage Center "). II. RECITALS WHEREAS, the Lessor is the owner of the Premises, which consists of a building on real property located at 14475 59th Avenue South, Tukwila, Washington, 98168, depicted in the map attached hereto as Exhibit A; and WHEREAS, the Lessee has leased the Premises since September of 2010; and WHEREAS, the Premises is a nationally registered historic place and one of the oldest structures in the City of Tukwila; and WHEREAS, since leasing the Premises in 2010 the Lessee has pursued and obtained funding to complete tenant improvements on the historical structure; and WHEREAS, the Lessee performs a vital community service of preserving the history of the City of Tukwila and Duwamish /Green River Valley; and WHEREAS, the Lessee is taking due care in occupying the space and keeping the Lessor informed of any issues that may need owner attention; and WHEREAS, the Lessee and Lessor desire to enter into a new lease agreement for the Premises; and NOW THEREFORE, in consideration of the mutual promises set forth herein, the Lessor and Lessee agree as follows: III. AGREEMENT A. Description of the Premises. Lessor hereby leases to Lessee, upon terms and conditions herein set forth, the Premises consisting of the former Tukwila Grade School /Tukwila City Hall officially named Tukwila Heritage and Cultural Center, situated in the City of Tukwila, King County, Washington, and whose common address is 14475 59th Avenue South, Tukwila, Washington, depicted in Exhibit A hereto. B. Consideration. There is no base rent for the term of this lease, but in exchange for this lease the Lessee shall maintain the City's history and perform the tasks stated herein at Section III.H, at Lessee's sole cost and at no cost to the Lessor. C. Term. The term of this Lease Agreement is five years, commencing on April 1, 2016 and terminating on March 31, 2021. Upon mutual agreement of the Mayor of the City of Tukwila and 1 15 DRAFT, March 3, 2016 the President of the Tukwila Historical Society, this agreement may be extended for an additional five year period to commence on April 1, 2021 and terminating on March 31, 2026. The Mayor is authorized to execute an amendment to facilitate an extension and to include any needed consideration or modifications to this agreement, without the need for City Council approval. D. Ownership. The real property, improvements, all permanent fixtures, and landscaping shall become and remain the property of Lessor. Any personal property stored at the Premises (e.g. furniture, pictures, clothing, etc.) shall remain the property of the party that supplied it. Permitted Uses. The Premises shall be used by the Lessee for the primary purpose of enhancing the historical and cultural place Tukwila holds in the region by collecting, preserving, and displaying collections, artifacts and digital information pertaining to Tukwila's past, and to be an educational resource for future generations. To that end, the Lessee may: 1. Improve and renovate the Premises, with the Lessor's oversight, so as to use the Heritage Center as an historic and cultural resource for the citizens of Tukwila; 2. Rent the Premises, in accordance with Section III.F. F. Rental of Space. In order to generate funds to support and to sustain the Tukwila Historical Society, the Lessee is permitted to rent the premise out to an organization and /or individual (hereinafter, "Renter ") for special events, subject to the following: 1. No single rental may have a duration greater than 72 hours. 2. The Lessee shall obtain and maintain all required permits necessary to conduct events on the site. The Lessee is required to fully comply with all building, fire, and other applicable life safety code regulations. 3. The Lessee shall ensure that Renters do not significantly impact the surrounding residential neighborhood. Rental activities may only take place between the hours of 8:00 AM and 10:00 PM. 4. City of Tukwila sponsored events shall not be charged a fee for use of the Premises. Lessor shall work with the Lessee on scheduling City sponsored events. 5. Termination of Right to Rent: The Lessor may, at its sole discretion and absolute authority, terminate Lessee's right to rent the premises in the event the Lessee's actions or the Renter's actions pose a threat to health or safety, or to the physical structure of the building. The Lessor shall provide the Lessee notice of termination, and the termination is effective immediately. The Lessor has sole discretion and absolute authority to determine whether the Lessee's actions or the Renter's actions pose a threat to health or safety, or to the physical structure of the building. Lessor shall not be responsible for loss of rental income or reimbursement of rental funds due to Lessor's exercise of this provision. 16 DRAFT, March 3, 2016 ii. The Lessor may terminate Lessee's right to rent the premises for any violation of the terms of this agreement as follows: 1. A written warning will be mailed to the Lessee for the first, second and third violations, specifying the non - compliance. 2. If the Lessee receives four violations within a three hundred sixty five day period (365) day period, calculated from the date of the issuance of the first violation, the Lessor may issue a Notice of Termination to the Lessee, indicating the intention of the Lessor to terminate the Lessee's right to rent the premises not less than thirty (30) days after the receipt of the Notice. The Lessor has sole discretion and absolute authority to determine whether a violation has occurred. Lessor shall not responsible for loss of rental income or reimbursement of rental funds due to Lessor's exercise of this provision. iii. The Lessor may terminate Lessee's right to rent the premises for any reason whatsoever, provided the Lessee issues a Notice of Termination to the Lessee, indicating the intention of the Lessor to terminate the Lessee's right to rent the premises not less than one (1) year after the receipt of the Notice. Lessor has sole discretion and absolute authority to determine whether to terminate Lessee's right to rent the premises. Lessor shall not responsible for loss of rental income or reimbursement of rental funds due to Lessor's exercise of this provision. Lessor may, at its sole discretion, terminate Lessee's right to rent the premises in accordance with Sections F.5.i. and F.5.ii of this agreement at any time, even where a Notice of Termination has been issued pursuant to Section F.5.iii. of this agreement. 6. The Lessee shall require all Renters to execute a rental agreement that: L States that the City of Tukwila is not a party to the rental agreement; ii. States that the Renter shall defend, indemnify, and hold harmless the City of Tukwila, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the Renter's use of the Site, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Tukwila. 7. A template of the rental agreement must be provided to the Lessor for review and approval prior to the first rental of the Premises. G. Acceptance of Premises. Lessee has examined the Premises and accepts them in their present condition. H. Lessee's Responsibilities. In exchange for Lessor providing the Lessee use of the premise at no charge, Lessee shall: 3 17 DRAFT, March 3, 2016 1. Use and occupancy of the Premises shall at all times be consistent with applicable building, fire, and sign code requirements. 2. Continue to work to secure funding, available grants, and private contributions to complete any tenant improvements or restoration upgrades to the Premises. Proposed improvements include, but are not limited to, completing additional bathroom upgrades; and restoring the interior lighting to be more historically appropriate for the building. 3. Subject to the provisions of this Agreement, the Lessee shall design and implement improvements to the Premises. All work performed by the Lessee in, on, or about the Premises shall be subject to prior written review and approval of the Lessor. Materials and installation shall be provided by the Lessee except when structure and systems within the building are found to be in deficient condition. The lessor is under no obligation to repair any latent defects in the structure or systems within the building 4. Obtain all permits that may be necessary to perform such work and ensure all work shall be performed in a good and workmanlike manner. 5. Capital improvements must meet the City's Facility Plan and follow applicable guidelines of both state and national covenants related to the Premises' status as a registered historical landmark. 6. Keep the Premises and the immediate surrounding area neat, clean and in a sanitary condition. 7. Develop programing for children and youth to educate about the history of Tukwila and the Duwamish /Green River Valley. 8. Lessee shall maintain appropriate non - profit status and 501(c)(3) status with the Washington State Secretary of State Office and the United States Internal Revenue Service, including filing all required annual reports, registrations, and tax documents. Lessee shall provide documentation of same to Lessor, upon demand. Lessor's Responsibilities. 1. Lessor shall provide and pay for all utilities, routine janitorial, cleaning, and minor repairs. Lessor's responsibility for said minor repairs shall not to exceed $100.00 per month on average, or a total of $1,200 per year. 2. Lessor shall maintain and repair the building, including structural, electrical, mechanical and plumbing systems, as well as grounds and landscaping. Lessor retains absolute authority and discretion in determining what, if any maintenance is performed to the building. J. Hazardous Substances. Lessee shall not, without first obtaining Lessor's prior written approval, generate, release, spill, store, deposit, transport or dispose of (collectively "Release ") any hazardous substance, sewage, petroleum products, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and /or local laws and regulations in any reportable quantities (collectively "Hazardous Substances ") in, on, or about the Premises. Lessee shall attach a separate list of Hazardous 4 im DRAFT, March 3, 2016 Substance it proposes to store on site and Lessor must accept the list or the Hazardous Substances cannot be stored on site. In the event, and only in the event, Lessor approvals Release of Hazardous Substances on Premises, Lessee agrees that such Release shall occur safely and in compliance with all applicable federal, state, and local laws and regulations. Lessee shall indemnify, hold harmless, and defend Lessor from any and all claims, liabilities, losses, damages, clean -up costs, response costs, and expenses, including reasonable attorney fee, arising out of or in any way related to the Release by Lessee in, on or about the Premises occurring at any time after the effective date of this Lease Agreement to the full extent of Lessee's liability therefor. K. General Indemnification. Lessee shall defend, indemnify, and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of the Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by the Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. Lessee shall ensure that similar hold harmless language is included in any rental agreement, as discussed in Section III.F.6.iii. of this Lease Agreement. L. Subletting Space. Subletting the space by Lessee is strictly prohibited. M. Assignment. Neither party shall assign its rights or responsibilities under this Lease Agreement without the written authorization of the other party. Written authorization shall not be unreasonably withheld. N. Termination. 1. Pursuant to the terms and conditions of this Lease Agreement between the parties, this Lease Agreement may be terminated upon written mutual agreement between the parties hereto. 2. In the event Lessee violates any provision of this Lease Agreement, Lessor may terminate Lessee's use of the Premises upon thirty (30) days prior written notice. 0. Liability Insurance. 1. Insurance Term. Lessee shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the Premises. 2. No Limitation. The Lessee's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. 3. Minimum Scope of Insurance. Lessee shall obtain insurance of the types described below; Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and 5 19 DRAFT, March 3, 2016 contractual liability. The Lessor shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured - Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. ii. Lessee shall maintain adequate insurance coverage for Lessee's personal property located at the premise. 4. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. ii. Personal property insurance shall be written covering the full value of Lessee's personal property with no coinsurance provisions. 5. Other Insurance Provisions. L Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self - insurance, or insurance pool coverage maintained by the City of Tukwila shall be excess of the Lessee's insurance and shall not contribute with it. 6. Acceptability of Insurers. i. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A, unless approved otherwise by Lessor in writing. 7. Verification of Coverage. i. Within ten (10) days of execution of the Lease, Lessee shall furnish the Lessor 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 Lessee. 8. Waiver of Subrogation. L Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 9. Lessors Property Insurance. i. Lessor shall purchase and maintain during the term of the lease all -risk property insurance covering the Building for its full replacement value without any coinsurance provisions. C.1 20 DRAFT, March 3, 2016 10. Notice of Cancellation. i. Lessee shall provide the Lessor with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 11. Failure to Maintain Insurance. i. Lessee shall provide proof of liability insurance coverage at anytime upon request by the Lessor. ii. Failure on the part of Lessee to maintain the insurance as required shall constitute a material breach of Lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease 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 Lessor on demand. 12. Lessor Full Availability of Lessee Limits. If Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidence limits of liability lower than those maintained by the Lessee. P. Anti - Discrimination. In all hiring, employment, or provision of services made possible resulting from this Lease Agreement between the parties, Lessee shall not discriminate against any employee, applicant for employment or any person seeking service of Lessee on the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability. Q. Liens. Lessee shall keep the Premises free from liens arising out of obligations incurred by Lessee. Upon written request from Lessor, Lessee will furnish written proof of payment of any charge which, if not paid, could provide the basis for a lien on the Premises. R. Access for Inspection or Upkeep. Lessor reserves the right to inspect and maintain the Premises, at a reasonable time and upon responsible notice. Lessee may be present during any and all inspections and /or maintenance. Lessor reserves the right to access the Premises in the event of an emergency, without advance notice to Lessee. S. Compliance with All Laws and Regulations. In using the Premises, Lessee shall comply with all applicable laws, ordinances and regulations form any and all authorities have jurisdiction. T. Entire Agreement; Modification. This Agreement, together with attachments or addenda, constitutes the entire and integrated Lease Agreement between the Lessee and the Lessor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Lease Agreement shall be of any force or effect unless it is in writing and signed by the parties. N 21 DRAFT, March 3, 2016 U. Severability and Survival. If any term, condition or provision of this Lease 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 Lease 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. V. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City of Tukwila granted by the Washington State Constitution or by general law. W. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. X. Legal Representation. In entering into this Agreement, Lessee represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Lease Agreement; that it has carefully read the foregoing Lease Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Lease Agreement. Y. Notices. Any written notice required or permitted to be given herein shall be made by registered or certified mail, or by delivery in person to the party which is intended recipient of the notice, at the following addresses or to such other respective addresses as either party hereto may from time to time designate in writing: Notices to the Lessor /City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 With a Copy to: Office of the Mayor 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Lessee /Tukwila Historical Society shall be sent to the following address: President, Tukwila Historical Society Tukwila Heritage and Cultural Center 144755 9th Ave South Tukwila, Washington 98168 Z. 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 N 22 DRAFT, March 3, 2016 and agree that venue shall be properly laid in King County, Washington. Each party shall be responsible for its own legal cost incurred in enforcing any provision of this Lease Agreement. DATED this day of 20 LESSOR /CITY OF TUKWILA LESSEE / TUKWILA HISTORICAL SOCIETY Mayor, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney Printed Name and Title 23 24 ��:'r"�11LjA Ly Exhibit A 4 Zx E u c Old Tukwila Tukw�la� teoa,i, 26 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Safety Committee CC: Mayor Ekberg FROM: David Cline, City Administrator, "Me BY: Cheryl Thompson, Executive Assistant DATE: February 29, 2016 SUBJECT: Interlocal Agreement with Burien for Public Defense Program Evaluation and Monitoring ISSUE The recent federal court decision, Wilbur v. Mt. Vernon mandates independent monitoring and evaluation of municipal public defense programs on a regular basis. BACKGROUND The Washington State Bar Association and the Washington State Supreme Court have established standards for indigent defense. In the federal court decision, Wilbur v. Mt. Vernon the court found that municipal public defense programs must be independently monitored and evaluated on a regular basis to ensure compliance with the standards. DISCUSSION Since all municipal jurisdictions must comply with the same standards for public defense, it is fiscally and ethically responsible for municipal jurisdictions to exchange monitoring and evaluation services to avoid budget impacts and conflicts of interest. In the third quarter of the second year of the biennial budget the City Attorney or appropriate designee from each City will: • Review the other City's Public Defense records comprised of but not limited to available monthly, quarterly and annual caseload and statistic reports, surveys and client comment and complaint forms on file; • Attend a session in the other City's Municipal Court to observe public defense attorneys; • Contact clients and /or stakeholders, as needed, to obtain additional information; and • Submit a written report summarizing observations and any recommendations or suggested improvements. FINANCIAL IMPACT None. The agreement provides for an even exchange of services. RECOMMENDATION The Council is being asked to forward the interlocal agreement to the consent agenda of the March 14, 2016 Council special meeting for approval. ATTACHMENTS Interlocal Agreement 27 W City of Tukwila Agreement Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BURIEN AND THE CITY OF TUKWILA FOR PUBLIC DEFENSE PROGRAM EVALUATION THIS IS AN INTERLOCAL AGREEMENT between the City of Burien, and the City of Tukwila, each a municipal corporation of the State of Washington. WHEREAS, pursuant to the 6th Amendment of the United States Constitution, and Article I, Section 22 of the Washington State Constitution, persons charged with misdemeanors who are deemed indigent are entitled to the effective assistance of counsel at the public expense; and WHEREAS, the Washington State Bar Association and Washington State Supreme Court have established standards for indigent defense; and WHEREAS, the federal court decision, Wilbur v. Mt. Vernon mandates monitoring and evaluation of municipal public defense programs on a regular basis; and WHEREAS, it is fiscally and ethically responsible for municipal jurisdictions to exchange monitoring and evaluation services to avoid an impact to the budget and conflicts of interest; NOW THEREFORE, in consideration of the terms and conditions contained herein, it is mutually agreed by both parties as follows: 1. AUTHORITY This Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. 2. PURPOSE To comply with Wilbur v. Mt. Vernon and have independent evaluation of the municipal public defense program on a biennial basis. 3. CITY OF BURIEN RESPONSIBILITIES In the third quarter of the second year of the biennial budget the Burien City Attorney, or appropriate designee, will: 3.1 Review Tukwila Public Defense records comprised of but not limited to available monthly, quarterly and annual caseload and statistic reports, surveys and client comment and complaint forms on file; 3.2 Attend a session in Tukwila Municipal Court to observe public defense attorneys; 3.3 Contact clients and/or stakeholders, as needed, to obtain additional information; and 3.4 Submit a written report summarizing observations and any recommendations or suggested improvements. 4. CITY OF TUKWILA RESPONSIBILITIES In the third quarter of the second year of the biennial budget the Tukwila City Attorney, or appropriate designee, will: 29 4.1 Review Burien Public Defense records comprised of but not limited to available monthly, quarterly and annual caseload and statistic reports, surveys and client comment and complaint forms on file; 4.2 Attend a session in Burien District Court to observe public defense attorneys; 4.3 Contact clients and/or stakeholders, as needed, to obtain additional information; and 4.4 Submit a written report summarizing observations and any recommendations or suggested improvements. 5. INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 6. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this contract shall be subjected to inspection, review or audit by either party at the requesting party's sole expense during the term of this Agreement and shall be retained in accordance with Washington State records retention laws. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7. DURATION This Agreement shall be in full force and effect for a period commencing January 1, 2015, and ending December 31, 2016, and shall automatically renew for two -year increments, unless terminated under the provisions hereinafter specified. 8. TERMINATION Termination. This Agreement may at any time be terminated by either party giving thirty (30) days written notice of their intention to terminate the same. 9. NOTICES Notices to the City of Burien shall be sent to the following address: City Clerk City of Burien 400 SW 152nd St Suite 300 Burien, WA 98166 Burien/Tukwila Public Defense Evaluation ILA Page 2 30 Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 9. JOINT BOARD /SEPARATE LEGAL ENTITY It is not intended that a separate legal entity be established to conduct this cooperative undertaking. The City of Tukwila shall act as administrator of this Agreement. 10. FINANCE AND BUDGET No special budget or funds are anticipated, nor shall any be created. The parties are each responsible for their own finances in connection with this Agreement and no funds shall be exchanged pursuant to this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. 11. PROPERTY ACQUISITION, HOLDING, AND DISPOSAL The parties do not intend to acquire, hold, or dispose of any real or personal property pursuant to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date last written below. CITY OF BURIEN CITY OF TUKWILA Kamuron Gurol, City Manager Allan Ekberg, Mayor DATE DATE Approved as to Form: City Attorney DATE Attest /Authenticated: City Clerk, Monica Lusk DATE Burien/Tukwila Public Defense Evaluation ILA Approved as to Form: City Attorney DATE Attest /Authenticated: City Clerk, Christy O'Flaherty DATE Page 3 31