HomeMy WebLinkAboutFS 2012-05-08 COMPLETE AGENDA PACKETCity of Tukwila
Distribution:
D. Quinn
Finance and Safety
D. Robertson
K. Kruller
Committee
V. Seal
Mayor Haggerton
D. Cline
O De'Sean Quinn, Chair
P. McCarthy
O Dennis Robertson
C. o'Raherty
S. Kerslake
O Kate Kruller
K. Matej
T. Kinlow
M. Villa
AGENDA
TUESDAY, MAY 8 1 2012
CONFERENCE ROOM #3, 5:15 PM
Item Recommended Action Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Interlocal Agreement with the City of SeaTac for
probation services.
Trish Kin /ow, CourtAdministrator
b. Lease for the Neighborhood Resource Center. b. Forward to 5/14 C.O.W
Mike Vi/ /a, Po /ice Chief and 5/21 Regular Mtg.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, May 22, 2012
a. Forward to 5/21 Consent Pg.1
Agenda.
Pg.9
S The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 or TukwilaCityClerk @TukwilaWA.gov) for assistance.
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Kimberly A. Walden, Presiding Judge
BY: Latricia Kinlow, Court Administrator
DATE: April 3, 2012
SUBJECT: Interlocal Agreement with City of SeaTac for Probation Services
ISSUE
SeaTac Municipal Court is in need of probation and jail alternative services. They recently ended
their contract with the person who provided services due to SeaTac's need to increase probation
availability, services and jail alternatives to their court customers.
RECOMMENDATION
The Council is being asked to approve the agreement to forward the interlocal agreement to the
consent agenda for approval.
BACKGROUND
Tukwila Municipal Court's Misdemeanant Probation Division is highly respected throughout the
Washington State judiciary. This team, consisting of Mindy Breiner (Probation Officer) and Kerry
Carlson (Jail Alternative Specialist), is known for their innovative ways of providing probation
services. They are often sought -out by other municipal courts as a resource for dealing with
probation related issues. SeaTac desires to avail itself of their services.
SeaTac Municipal Court approached Tukwila Municipal Court to discuss the possibility of having
probation services provided by Tukwila. We discussed the scope of services, the caseload impact
on the Tukwila probation staff, as well as the benefits this service provides for both municipal
courts. Tukwila's City Attorney drafted the attached interlocal agreement and SeaTac's City
Council approved the signing of the agreement.
The scope of service and details of the compensation for probation services are provided in Exhibits
A and B of the interlocal agreement. The interlocal also specifies the indemnification for both the
City of Tukwila and the City of SeaTac.
FINANCIAL IMPACT
This agreement reimburses Tukwila for the service. SeaTac's participation in Tukwila's Jail
Alternative Program will require an increase of .25 FTE for the Jail Alternative Specialist position.
Exhibit B of the agreement details the costs and fees SeaTac will remunerate to Tukwila for
probation services. The schedule includes a one -time fee of $15,000 for services Tukwila will
provide for SeaTac's existing caseload. SeaTac's current caseload is approximately 90+ cases.
We estimate annual caseload revenue of $45,000 based on the assignment of 7 probation cases
per month. The projected expense resulting from the increase will range from $14,500 to $30,000.
The determining factor of the increase will be based on the employee's decision to participate in the
city's benefit package.
ATTACHMENTS
Interlocal Agreement between the City of Tukwila and the City of SeaTac for Probation Services.
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INTERLOCAL AGREEMENT BETWEEN THE
CITY OF TUKWILA AND THE CITY OF SEATAC FOR
PROBATION SERVICES
THIS INTERLOCAL AGREEMENT "Agreement is made and entered into pursuant
to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by
and between the City of Tukwila "Tukwila and the City of SeaTac "SeaTac for
SeaTac's utilization of Tukwila's Probation Services "Service
WHEREAS, Tukwila currently provides Probation Services (the "Service for its
Municipal Court;
WHEREAS, SeaTac desires to avail itself of the Service;
NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by
and between Tukwila and SeaTac as follows:
Statement of Purpose. The purpose of this agreement is to define the
parameters of SeaTac's utilization of Tukwila's Probation Services, which is
administered by Tukwila Municipal Court.
2. Scope of Services. SeaTac hereby engages Tukwila to perform the services
described in Exhibit A, Scope of Services, attached hereto and incorporated
herein. During the term of this Agreement SeaTac or Tukwila may request
changes in the Scope of Services. Any such change requires the mutual
agreement of the parties and shall be effective upon execution of a written
amendment.
Compensation. SeaTac agrees to pay the costs and fees set forth in Exhibit B,
Cost and Fee Schedule, attached hereto and incorporated herein. Tukwila shall
submit a monthly invoice to SeaTac Municipal Court for all probation
services and administrative costs due. Payment shall be due within 30 days of
the date of the invoice. SeaTac shall pay a one -time $15,000.00 Existing
Caseload Fee for assuming SeaTac's current probation caseload. This fee will
be invoiced over nine months at $1,666.67 per month.
4. Duration. This Agreement shall take effect on April 1, 2012 and shall remain
in effect through December 31, 2012.
5. Termination. Either party may terminate this Agreement by giving thirty (30)
days written notice of termination to the other party. In the event that this
Agreement terminates prior to December 31, 2012, SeaTac Municipal Court
will invoice Tukwila Municipal Court within 30 days of termination of the
Agreement for reimbursement for services paid by SeaTac Municipal Court
Interlocal Agreement 1
3
but not yet rendered by Tukwila Municipal Court. Such invoice should
include a detailed list of case numbers and defendants names.
6. Amendments. This agreement may be changed only by written amendment
between SeaTac and Tukwila. Both parties will cooperate in preparing any
documentation necessary to seek approval or to amend this agreement.
7. Independent Contractors. This Agreement shall not constitute, create, or
otherwise imply an employment, joint venture, partnership, agency or similar
arrangement. Each party to this Agreement shall act as an independent
contractor, and neither party shall have the power to act for or bind the other
party except as expressly provided for herein.
No income, social security, state disability or other federal or state payroll tax
shall be deducted from payments made to Tukwila under this Agreement.
Tukwila's services shall be exempt from State sales, use or similar taxes.
Tukwila may provide services to others during the same period Tukwila
provides service to SeaTac under this Agreement.
8. Indemnification.
A. SeaTac shall indemnify and hold harmless Tukwila and its officers, agents
and employees or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by any
reason of or arising out of any negligent act or omission of SeaTac, its
officers, agents and employees, or any of them relating to or arising out of the
performance of this Agreement; and if final judgment be rendered against
Tukwila and its officers, agents and employees or any of them, or jointly
against the Tukwila and SeaTac and their representative officers, agents and
employees, or any of them, SeaTac shall satisfy the same to the extent that
such judgment was due to SeaTac's negligent act or omissions.
B. Tukwila shall indemnify and hold harmless SeaTac and its officers, agents
and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by any
reason of or arising out of any negligent act or omission of Tukwila, its
officers, agents and employees, or any of them relating to or arising out of the
performance of this Agreement; and if final judgment be rendered against
SeaTac and its officers, agents and employees or any of them, or jointly
against SeaTac and Tukwila and their representative officers, agents and
employees, or any of them, Tukwila shall satisfy the same to the extent that
such judgment was due to the Tukwila's negligent act or omissions.
Interlocal Agreement 2
0
9. Governing Law and Venue. This Contract shall be governed by the laws of
the State of Washington both as to interpretation and performance. Venue
shall be in Superior Court in the State of Washington for King County.
10. Severabilitv. If any provision of the Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions shall nevertheless continue in full force without being impaired or
invalidated in any manner.
11. Correspondence and Notices. All correspondence and notices related to this
agreement shall be delivered or mailed to the following addresses:
Tukwila: Tukwila Municipal Court
6200 Southcenter Blvd.
Tukwila, WA 98188
SeaTac: SeaTac Municipal Court
4800 South 188 Street
SeaTac, WA 98188
Interlocal Agreement 3
5
IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement this day of
March 2012.
City of Tukwila
Jim Haggerton, Mayor
Date:
Tukwila Municipal Court
Kimberly Walden, Presiding Judge
Date:
Approved as to Form:
City Attorney
Interlocal Agreement 4
City of SeaTac
Todd Cutts, City Manager
Date:
SeaTac Municipal Court
Elizabeth Bejarano, Presiding Judge
Date:
Approved as to Form:
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Tukwila Probation Services
Tukwila agrees to provide the following services:
To the degree permitted by law and ordered by SeaTac Municipal Court:
1. Provide supervised probation, monitored probation, deferred prosecution
monitoring, or record checks as ordered by the SeaTac Municipal Court
"Court").
2. Provide Jail Alternative services as ordered by the Court, including day
reporting, community work, and electronic home detention.
3. Attend review calendars at the Court on the first (1 Thursday of each month.
4. Assist the Court Administrator in developing a policy and procedure manual
for SeaTac Probation.
SeaTac agrees to provide the following services under this Agreement:
1. Provide Tukwila access to CaseloadPro case management system for two
users.
2. Provide Tukwila with two key cards for access to Court offices.
3. Provide an appropriate meeting space in SeaTac City Hall for Tukwila
Probation Services to use as an alternate location.
4. Provide Tukwila with JIS user names and passwords for all Tukwila Probation
Services staff.
5. Refer all appropriate cases to Tukwila for the provision of those services
indicated by this Agreement.
6. Provide payment to Tukwila for services rendered pursuant to Exhibit B,
Costs.
Interlocal Agreement 5
7
EXHIBIT B
COST AND FEE SCHEDULE
PAYMENTS TO TUKWILA
SeaTac shall be charged the following amounts for Tukwila Probation Services:
Probation Services:
Supervised Probation $300.00 per case, per year
Monitored Probation $200.00 per case, per year
Record Check Only $100.00 per case, per year
Deferred Prosecution $1200.00 per case
Jail Alternative Fees:
Intake Fee
Day Reporting
Community Work
Electronic Home Detention
$25.00 per case
$10.00 per case, per day
$10.00 per case, per day
$10.00 per case, per day plus
$10.00 one -time processing
fee per case
Administrative Costs
Monthly Probation Administrative Fee
Existing Caseload Fee
Interlocal Agreement 6
$200.00 per month
$15,000.00 (one -time fee)
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Mike Villa, Chief of Police
DATE: April 20, 2012
SUBJECT: Neighborhood Resource Center
ISSUE
The Police Department would like to re -open a Neighborhood Resource Center on
Tukwila International Boulevard (TIB) to increase police visibility and effectiveness
along the TIB corridor.
Staff is recommending the Council consider and approve the lease agreement with Mike
West for the building located at 14862 Tukwila International Boulevard and the
expenditure of drug asset forfeiture seizure funds to cover the one -time costs of
approximately $74,071.
BACKGROUND
The Police Department opened a Neighborhood Resource Center (NRC) on the 14600
block of Tukwila International Boulevard in the mid 1990's. The NRC increased police
visibility, interaction with the community, and enforcement effectiveness for crimes
occurring in the area. Due to cuts in our budget we discontinued the funding for the
NRC for the 2011/2012 biennial budget. The NRC was closed at the beginning of 2011.
Many citizens and business owners on TIB complained about increased prostitution and
drug activity after the NRC closed. Our police officers expressed the same concerns.
We have attributed the increase in part to the mere absence of a police facility within the
TIB corridor. Even more we believe we have seen an increase in street crimes due to
the loss of a frequently utilized tactic monitoring of closed circuit cameras. These
cameras enabled officers to observe crimes covertly and respond and take immediate
enforcement action.
The city administration plans to open a neighborhood resource center during phase two
of the Tukwila Village project. However, that facility will not be completed for an
estimated three years.
In addition, the Community Oriented Policing (COP) bicycle team will begin working on
TIB mid to late summer of 2012. The team currently does not have an office space from
which to work.
Given the above background, the department set out to find a suitable location for a
neighborhood resource center that we could re -open in the summer of 2012. The former
Southtowne Auto Rebuild office on the 14800 block of TIB was for lease and provided
9
INFORMATIONAL MEMO
Page 2
an ideal location. We entered into negotiations with Mike West and have reached a
tentative agreement to lease the office building for three years beginning July 1, 2012.
DISCUSSION
Leasing the former Southtowne Auto Rebuild office provides several benefits and meets
current needs for both our police department and the community as follows:
Increases our visibility in the community and along TIB
❑Accommodates volunteers
Provides a good location for citizen walk -ins and community interaction
Provides a facility to monitor cameras and enable immediate response
Gives our COP /bike officers an office on TIB
Enhances enforcement capabilities
Re- opening an NRC at this location will increase our overall law enforcement
effectiveness on TIB and in the surrounding neighborhoods.
Although we plan to open an NRC within the Tukwila Village development, we need a
suitable location between now and then. We have listened to both the community's
concerns and the concerns of our police department personnel and believe that we
should not wait.
Opening an NRC will require one -time costs and tenant improvements, the most
significant being the installation of the camera monitoring system. It also requires a
three -year lease agreement.
Mayor Jim Haggerton and City Administrator David Cline are in support of this proposal
and the funding plan as stated below.
FINANCIAL IMPACT
The lease agreement is attached. In summary, and pending Council approval, we have
agreed to a three year lease with the following:
$1,465 per month for the period of July 1, 2012 through December 31, 2012
❑$1,650 per month from January 1, 2013 through December 31, 2013
$1,700 per month thereafter
Cost of utilities
50% of property tax
The lease, utilities, property tax, fire and burglar alarm, and telephone are estimated to
cost $13,110 for 2012, July through December. The Police Department will absorb that
expense from its 2012 budget.
The lease, utilities, property tax, fire and burglar alarm, and telephone are estimated to
cost $28,440 in 2013 and $29,040 in 2014. Funding will be allocated during the
2013/2014 budget planning process and will come from the general budget.
10 WA2012 Info Memos- CoundNnfoMemoNRC.doc
INFORMATIONAL MEMO
Page 3
Startup costs include tenant improvements, purchase and installation of video cabling
and monitoring equipment, and purchase and installation of computer and phone
equipment. Tenant improvements are estimated to be $1,500. Monitoring city video
cameras requires connecting to fiber cables on the west side of TIB. The recommended
method is to drill and run fiber underneath TIB. The estimated cost is $18,300.
Purchasing and installing commercial grade video monitors and surveillance equipment
is estimated at $34,522. The computer and telephone set up will cost approximately
$14,248. There are additional taxes and permit costs that bring the total to
approximately $74,071. The equipment, about $42,000 of the $74,071, may be moved
and continue to be utilized at a new NRC when the time comes.
The Police Department proposes these one -time costs be funded by monies from the
drug asset forfeiture account. There are sufficient funds in that account for this purpose.
RECOMMENDATION
The Finance and Safety Committee is being asked to forward this item for consideration
at the May 14, 2012 Committee of the Whole meeting and subsequent May 21, 2012
Regular Meeting.
ATTACHMENTS
Draft Lease Agreement between the City and Mike West
Budget Projection Summary
Diagram of Monitoring System
WA2012 Info Memos- CoundRInfoMemoNRC.doc 11
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ME
D IL J
S A I ✓IE�
THIS LEASE AGREEMENT, dated this day of 2012, is entered into by and
between Mike West, the property owner, hereinafter referred to as "Lessor," the City of Tukwila, a
political subdivision of the State of Washington and hereinafter referred to as "Lessee," for the
purpose of leasing the former Southtowne Auto Rebuild office building located at 14862 Tukwila
International Boulevard, Tukwila, Washington 98168.
WITNESSETH:
1. Description of Premises. Lessor hereby leases to Lessee, upon the terms and conditions
herein set forth, the building located at 14862 Tukwila International Boulevard, Tukwila,
Washington (hereinafter "Premises The Premises include the entire building except the basement
and rear entryway /foyer.
2. Additional Rights of Access. Lessor hereby grants Lessee non exclusive rights for
ingress and egress to and from the Premises through the rear entryway /foyer. Lesssor hereby grants
Lessee exclusive rights to park between the Premises and Tukwila International Boulevard and non-
exclusive rights to park up to six vehicles in the lot behind the building.
3. Rent. Lessee shall pay Lessor rent in the amount of $1,465 per month for the period
from 7/1/12 through 12/31/12, $1,650 per month for the period from 1/1/13 through 12/31/13, and
$1 ,700 per month thereafter. Rent shall be due to Lessor on the first day of the month.
4. Deposit. Lessee shall pay Lessor a $2,500.00 refundable security deposit prior to taking
possession of the Premises.
5. Term. The term of this Lease Agreement is three (3) years commencing on July 1, 2012
and terminating on June 30, 2015 unless sooner terminated as a result of either party's default
hereunder or in accord with the termination provisions set forth in paragraph 18. At the conclusion
of the stated term, the lease will remain in effect on a month -to -month basis.
6. Ownership. The real property, improvements, and all permanent fixtures shall become
and remain the property of Lessor. Any personal property on the premises shall remain the property
of the party that supplied it.
7. Permitted Uses. Lessee intends to use the Premises for a police department
neighborhood resource center but may use the Premises for any other lawful purpose.
8. Acceptance of Premises. Lessee has examined the premises and accepts them in their
present condition.
9. Maintenance and Repair. Lessee may maintain, clean, and repair any part of the interior
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of the Premises. Said maintenance, cleaning and repairs shall be at Lessee's sole discretion and
expense. Lessor shall maintain, clean, and repair the exterior of the Premises and related property.
10. Utilities. Lessee shall be responsible for paying for all utilities.
11. Property Taxes. Lessee shall reimburse Lessor for 50% of the property taxes paid by
Lessor for the parcel on which the Premises are located (assessor parcel number 004100 0329).
Lessee's portion of said taxes shall be prorated to reflect the term of this lease as it relates to the
calendar year of the respective property taxes. Lessee shall issue payment due under this section to
Lessor within 30 days of receiving proof of payment from Lessor.
12. Tenant Imtirovements. Lessee may make improvements and other alterations to the
interior of the Premises at Lessee's expense. Lessee may make any interior and exterior alterations
necessary to install communications cabling and equipment. Any improvements proposed under
this paragraph must receive approval from the Lessor before such improvements are undertaken.
Lessor shall not unreasonably withhold approval and shall consider Lessee's installation costs when
evaluating alteration alternatives.
13. Signage. Lessee has exclusive rights to signage on the Premises and may remove all or
a portion of the existing Southtowne pole sign. Lessee may, at its own expense, install a sign or
signs on the existing pole sign or exterior wall of the Premises. Lessee may install exterior lighting
for the signage on the Premises at Lessee's expense.
14. Default. Failure to comply with provisions of this Lease Agreement renders this Lease
Agreement null and void, and gives either party the right to terminate this agreement.
15. Hold Harmless. Lessee shall defend, indemnify, and hold harmless the Lessor 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 Lessee in or
about the Premises except only such injury or damage as shall have been occasioned by the
negligence of the Lessor.
16. Assivnment. Neither party shall assign or sublet its rights or responsibilities under this
Lease Agreement without the written authorization of the other party. Written authorization shall
not be unreasonably withheld.
17. Binding on Heirs, Successors, and Assigns. This Lease shall be binding upon the heirs,
executors, administrators, successors, and assigns of both parties hereto.
18. Termination. 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.
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19. Insurance. Lessee shall procure and maintain for the duration of this Lease Agreement,
insurance against claims for injuries to person or damage to property which may arise from or in
connection with the Lessee's operation and use of the Premises.
21. Liens. Lessee shall keep the premises free from liens arising out of obligations incurred
by Lessee.
22. Access For Inspection or Upkeep. Lessor reserves the right to inspect the premises at a
reasonable time and with reasonable notice. Lessee must be present during such times.
23. Compliance With All Laws and Regulations. In using the premises, Lessee shall
comply with all applicable laws, ordinances and regulations from any and all authorities having
jurisdiction.
24. Entire Lease. This agreement contains all of the terms and conditions agreed upon by
the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the
subject matter of the Lease. No changes or modifications of this Lease shall be valid or binding
upon either party to this Lease unless such changes or modifications are in writing and executed by
both parties.
25. Severability. It is hereby agreed that no waiver of any condition or covenant in this
Lease Agreement, or any breach thereof, shall be taken to constitute a waiver of any subsequent
breach.
26. Applicable Law: Venue: Attorney's Fees. This Lease 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 Lease, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
27. Notices. Any written notice required or permitted to be given herein shall be made by
registered or certified U.S. mail, or by delivery in person to the party which is the 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 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:
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Tukwila Police Department
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to the Lessor shall be sent to the following address:
Mike West
18047 Military Road South
SeaTac, WA 98188
Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed by the
United States Post Office shall be conclusive evidence.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the
date first written above.
LESSEE
IN
LESSOR
Title: Jim Haggerton, Mayor Title:
ATTEST /AUTHENTICATED: Printed Name:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
an
Office of the City Attorney
Date approved by City Council:
(Applicable if contract amount is over $40,000)
Address:
C:\ Users \876\AppData\Local\Microsoft \Windows \Temporary Intemet Fil es\ Content.Outlook\LOVUDYTV\Police NRC Lease v5.doc/pIVO4 /24/12
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