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HomeMy WebLinkAboutCOW 2009-08-10 COMPLETE AGENDA PACKETMonday, August 10, 2009, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE led by Mary Ellen Stone, Executive Director of the King County Sexual Assault Resource Center. 2. SPECIAL a. Presentation of Treasures of Tukwila award. PRESENTATIONS b. King County Sexual Assault Resource Center update; Mary Ellen Stone, Executive Director. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL a. A resolution for sole source purchase of lift station control systems. Pg.1 ISSUES b. An agreement with Starfire Sports for the Interurban Water Reuse Pg.7 Reclaimed Water Service. c. An interlocal agreement for the Valley Narcotics Enforcement Team Pg.31 (VNET). 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Council Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Rhonda Berry, City Administrator Joan Hernandez, Council President Councilmembers: Joe Duffie Pamela Linder Dennis Robertson Verna Griffin Kathy Hougardy De'Sean Quinn Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. I CAS NUMBER: CA I'EGORY SPONSOR SPONSOR'S SUMMARY REVIEWED BY Fund Source: Comments: MTG. DATE 08/10/09 08/17/09 MTG. DATE 08/10/09 08/17/09 Discussion Motion Mtg Date 08/10/09 Mtg Date EXPENDITURE REQUIRED $0.00 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 08/10/09 7 08/17/09 Mtg Dat8/ 10 /09 Mtg Date Initials 1 Mayor's review h AMOUNT BUDGETED $0.00 1 Council revieay I (1 ITEM INFORMATION Q C1 I ORIGINAL AGENDA DATE: AUGUST 10, 2009 AGENDA ITEM TITLE Resolution for Sole- Source Purchase of Lift Station Control Systems Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ The City currently has 10 sewer lift stations and 5 storm lift stations. Starting in 1995, Public Works converted all alarm functions, pump control logic, radio communication and data logging functions to one specific type of panel for operational consistency at all lift stations. These configurations were built and supported by Calvert Technical Services, Inc. Council is being asked to approve this resolution to authorize the continuation of sole source purchase of the lift station control systems from Calvert Technical Services, Inc. CA &P Cmte F &S Cmte Transportation Cmte Arts Comm. Parks Comm. Planning Comm. El COW Mtg. Utilities Cmte DATE: 07/28/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMI'1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 07/14/09 Draft Resolution Minutes from the Utilities Committee meeting of 07/28/09 ITEM No. A. APPROPRIATION REQUIRED $0.00 TO: Mayor Haggerton Utilities Committee FROM: Public Works Directo DATE: July 14, 2009 SUBJECT: Lift Station Control Systems Resolution for Sole- Source Purchase ISSUE Authorize the sole- source purchase of lift station control systems from Calvert Technical Services, Inc. BACKGROUND The City currently has 10 sewer lift stations and 5 storm lift stations. Starting in 1995, Public Works converted all alarm functions, pump control logic, radio communication, and data logging functions to one specific type of panel for operational consistency at all lift stations. These configurations were built and supported by Calvert Technical Services, Inc. We are in the process of upgrading the Allentown storm pump station #18 to expand, relocate and rebuild to meet drainage and discharge requirements. Installing the same control panel that is used at all of the other stations is critical to maintaining interoperability and system efficiency. The radio units must also be the same in order to transmit data to the data logging computer base station at Minkler Shops. RECOMMENDATION The Council is being asked to approve this resolution for sole- source purchasing of lift station control systems from Calvert Technical Services, Inc. and consider this item at the August 10, 2009 Committee of the Whole meeting and subsequent August 17, 2009 Regular meeting. Attachment: Draft Resolution City of Tukwila INFORMATIONAL MEMORANDUM W: \PW Eng \OTHER \Pat Brodin \Info Memo Sole Source Calvert Tech.doc Jim Haggerton, Mayor and A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, WAIVING COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZING THE SOLE SOURCE PURCHASE OF LIFT STATION CONTROL SYSTEMS THROUGH CALVERT TECHNICAL SERVICES, INC. WHEREAS, RCW 39.04.280(1)(b) provides for exemption from competitive bidding requirements when purchases are clearly and legitimately limited to a sole source of supply; and WHEREAS, the City's sewer and surface water lift stations are equipped with identical control systems for operational consistency; and WHEREAS, the City currently has 10 sewer lift stations and 5 storm lift stations; WHEREAS, the City's existing control system consists of lift station control panels built by Calvert Technical Services; and WHEREAS, any panel upgrades should be compatible with the original system to ensure a seamless retrofit with minimal training; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. In accordance with RCW 39.04.280(1)(b), it has been determined that the purchase of the City's lift station upgrades is limited to a sole source. The competitive bidding requirements for the City's purchase of lift station control systems are hereby waived in order to ensure panel upgrade compatibility with the original system and a seamless retrofit with minimal training. Section 2. The Public Works Department is authorized to purchase lift station control systems through Calvert Technical Services, Inc. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Council Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney DRAFT W:\ Word Processing Resolutions \Sole Source Control System Calvert.doc GLksn 08/05/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 UTILITIES COMMITTEE Meeting Minutes July 28, 2009 5:00 p.m. Conference Room #1 CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No Presentations City of Tukwila Utilities Committee PRESENT Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Mike Cusick, Mary Miotke, Gail Labanara and Kimberly Matej Guest: Chuck Parrish and David Weaver II. BUSINESS AGENDA A. Resolution for Sole Source Purchase: Lift Station Control Systems Staff is seeking full Council approval of a resolution waiving the competitive bidding requirements and authorizing the sole- source purchase of lift station control systems from Calvert Technical Services, Inc. The City is currently in the process of upgrading the Allentown Storm Pump Station No. 18. In order to maintain interoperability with the other lift stations throughout the City, upgrades and /or changes made to the Allentown location should be configured, built and supported by the same vendor as the other lifts stations, which is Calvert Technical Services, Inc. UNANIMOUS APPROVAL. FORWARD TO AUGUST 10 COW FOR DISCUSSION. B. Interurban Water Reuse: Reclaimed Water Service and Use Agreement with Starfire Sports Staff is seeking full Council approval to enter into an agreement with Starfire Sports and King County for the use and service of reclaimed water. In the past, Starfire Sports utilized reclaimed water to irrigate the softball fields which were located at Fort Dent Park. With the addition of a new soccer field and landscaped areas in the northern portion of the park, they would like to expand the use to reclaimed water to that area. King County Department of Natural Resources requires a formal user agreement for the distribution of reclaimed water to ensure compliance for distribution. The City of Tukwila is responsible for the service, metering and billing of the reclaimed water. UNANIMOUS APPROVAL. FORWARD TO AUGUST 10 COW FOR DISCUSSION. C. Proiect Closeout Acceptance: Side Sewer Installation at 13906 51st Avenue South Staff is requesting full Council approval for formal contract acceptance and release of retainage to Duane Cameron Bulldozing, Inc. for the side sewer installation at 13906 51st Avenue South. One change order was required on this project due to sewer stub location issues and extraordinary depth (see Utilities Committee minutes dated 06/09/09. UNANIMOUS APPROVAL. FORWARD TO AUGUST 3 CONSENT AGENDA. CAS NUMBER: AGENDA ITEM TITLE CATEGORY SPONSOR SPONSOR'S SUMMARY REVIEWED BY Fund Source: Comments: 1 MTG. DATE 08/10/09 08/17/09 EXPENDITURE REQUIRED $0.00 MTG. DATE 08/10/09 08/17/09 COUNCIL AGENDA SYNOPSIS Meeting Date 08/10/09 08/17/09 Initials Prepared b Mayor's review 1 1 ITEM INFORMATION Council re, iem U 1 1 1 ORIGINAL AGENDA DAI "E: AUGUST 10, 2009 Reclaimed Water Service and Use Agreement with Starfire Sports AMOUN1 BUDGETED $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 07/21/09 Reclaimed Water Service Use Agreement with Starfire Sports Minutes from the Utilities Committee meeting of 07/28/09 I7E Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 08/10/09 Mtg Date 08/17/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Council Mayor Adm Svcs DCD Finance Fire Legal Pe R Police PW Tukwila continues to be on the leading edge of water reuse in King County. This agreement between Starfire Sports, the City and King County is for the sale and distribution of reclaimed water for sanctioned uses within the City. Starfire is seeking to expand their use of reclaimed water for the new north soccer field. The agreement includes a rate structure for potable water at 80% of the Seattle Public Utilities contract base for wholesale potable supplies. COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/28/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works CONDEI Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE APPROPRIATION REQUIRED $0.00 TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: July 21, 2009 SUBJECT: Interurban Water Reuse Project 92 -WTO6 Reclaimed Water Service Use Agreement with Starfire Sports ISSUE Implement an end -user agreement for Starfire Sports to expand their use of reclaimed water for irrigation. BACKGROUND Tukwila continues to be on the leading edge of water reuse in King County. For the past few years, Tukwila and King County have discussed the potential for using reclaimed water at Foster Golf Links and Fort Dent Park during the peak irrigation season. Starfire is seeking to expand their use of reclaimed water for the new north soccer field area. They have already used reclaimed water with the old softball fields. King County DNR must have end user agreements in place to ensure compliance with their Department of Ecology permit for the distribution of reclaimed water. Tukwila conveys the service and does the metering and billing. Rates for the end -user are 80% of the most current potable water rates. ANALYSIS Cascade Water Alliance endorses and encourages Tukwila to utilize supplemental sources which serves to lessen the impact on developing new water sources. Reclaimed water is now a key part of Tukwila's Water Comprehensive System Plan to help meet supply and conservation goals required as part of the new Municipal Water Law put into effect last year by the Washington State Department of Health. The attached end -user agreement with Starfire will expand their use of reclaimed water for irrigation. RECOMMENDATION City of Tukwila INFORMATIONAL MEMORANDUM The Council is being asked to approve and endorse this Reclaimed Water Service and Use Area Agreement with Starfire Sports and consider this item at the August 10, 2009 Committee of the Whole meeting and subsequent August 17, 2009 Regular meeting. Attachment: Reclaimed Water Service Use Agreement W: \PW Eng \OTHER \Pat Brodin \Info Memo Starfire Reclaimed Water Ag 7- 22- 09.doc Jim Haggerton, Mayor DRAFT RECLAIMED WATER SERVICE AND USE AREA AGREEMENT BETWEEN STARFIRE SPORTS, CITY OF TUKWILA, AND KING COUNTY This Reclaimed Water Service and Use Area Agreement is made and entered into this day of 2009, between Starfire Sports, a Washington non -profit corporation "Starfire the City of Tukwila, a Washington municipal corporation (the "City and King County, a political subdivision of the State of Washington (the "County together referred to as the "Parties." 1. RECITALS 1.1 Washington State law encourages the use of reclaimed water "to replace potable water in nonpotable applications, to supplement existing surface and groundwater supplies, and to assist in meeting the future water needs of the State and 1.2 King County has authority to produce and distribute reclaimed water in accordance with Reclaimed Water Permit Number ST -7445 issued by the State Department of Ecology on September 30, 2004, as amended or modified from time to time (the "County Permit 1.3 King County and the City entered into an Agreement for the Sale and Distribution of Reclaimed Water dated September 11, 2008. 1.4 The City and Starfire entered into an Agreement on March 1, 2003, to operate as a ground and use concession and licenses granting Starfire the exclusive right to develop, construct and operate facilities at the Fort Dent Regional Park located at 6800 Fort Dent Way, Tukwila, Washington (the "Park 1.5 Starfire desires to purchase reclaimed water for irrigation of a soccer field and landscaped area contained within the Park as depicted on Exhibit A, hereinafter referred to as the "Use Location;" and 1.6 The use of reclaimed water for irrigation is regulated by the Permit, state and local laws, regulations and standards governing the delivery and use of Class A Reclaimed Water; and NOW, THEREFORE, in consideration of the recitals and the mutual promises and covenants contained herein, the County and City agree to supply reclaimed water and Starfire agrees to purchase reclaimed water on the following terms and conditions: 2.0 SUPPLY AND SALE OF RECLAIMED WATER 2.1 The County and the City agree to deliver Class A Reclaimed Water (as defined in Exhibit B) to Starfire for use in the Use Location. The County and City make no other representation concerning the quality of the reclaimed water and make no express or implied warranties whatsoever. 2.2 The County and the City will deliver Class A Reclaimed Water for use by Starfire in the Use Location up to the maximum flow rate and pressure range specified in Exhibit C. 2.3 The County and the City will deliver Class A Reclaimed Water to Starfire through. the conveyance system which connects to the Park's irrigation system for the Use Location. The City has installed and will maintain a reclaimed water meter on the outlet side of the conveyance system, to provide accurate measurement of the quantity of reclaimed water supplied to Starfire. Reclaimed water will be available for use during the time periods identified in Exhibit C. 2.4 In the event of a natural disaster, fire, storm, flood, earthquake or similar occurrence, an order by a regulatory body or court, the need for emergency repairs or other necessary work, or whenever the public health or safety so demands, the County and the City may change, reduce or limit the time for or temporarily discontinue the supply of Class A Reclaimed Water to Starfire. Before so changing, reducing, limiting or discontinuing the supply of Class A Reclaimed Water to Starfire, the County shall, insofar as practicable, notify Starfire and the City. The County and the City shall not be responsible for any damage resulting from interruption or change of the Class A Reclaimed Water supply, or for any damages incurred by Starfire arising out of the use or transportation of the Class A Reclaimed Water. In the event that the County and/or City cannot deliver Class A Reclaimed Water to the Use Location, through no fault of Starfire, for a period exceeding forty eight continuous hours, then the City will provide a back -up water source only to the extent needed to irrigate the Use Location (not to exceed the maximum quantity or flow rate specified in section 2.2 and Exhibit C) and only up to a maximum of ninety (90) days. If the inability to deliver Class A Reclaimed Water is due to the actions, omissions or willful conduct of Starfire, its representatives, agents, employees or volunteers then the obligation, stated herein, to provide a back -up water source shall not be triggered. In the event that the County and /or City cannot deliver Class A Reclaimed Water to the Use Location for more than ninety (90) days then the County and City may terminate this agreement and shall be under no further obligation to provide Class A Reclaimed Water or a back -up water source under this Agreement. If after ninety (90) days reclaimed water is still not available and this agreement is terminated as allowed above, the City will connect the existing 4" reclaimed 2 water line to the existing capped 4" potable water line downstream of the backflow preventer to allow potable water delivery to the irrigation system. Any modification requiring a change in the meter size or the existing pipe connected directly to the 8 -inch potable water line, will be the responsibility of Starfire. Starfire shall be solely responsible for paying all potable water use charges at potable water rates. 3.0 RESTRICTIONS ON USE OF RECLAIMED WATER 3.1 Subject to the terms and conditions of this Agreement, Starfire may use the Class A Reclaimed Water only on the Use Location and only for the irrigation of the soccer field and landscaping area within the Use Location identified on Exhibit A. Starfire's use of the Class A Reclaimed Water shall conform to all requirements of the State Water Reclamation and Reuse Standards and the Reclamation Criteria issued by the Washington State Departments of Health and Ecology, as amended from time to time or contained in any successor standards or regulations. A copy of the State Water Reclamation and Reuse Standards and the Reclamation Criteria shall be made available to Starfire. 3.2 Starfire shall not sell, transfer, gift or convey the reclaimed water to any person or party. 3.3 Starfire shall not discharge or release or allow the discharge or release of reclaimed water to any surface water body or stormwater collection or conveyance facility from the Use Location. 3.4 Starfire shall irrigate the soccer field at agronomic rates and minimize underdrain flow to the stormwater pond, reduce ponding, runoff, overspray, and groundwater infiltration. 3.5 Per the Washington State Water Reclamation and Reuse Standards, September 1997, the public and employees shall be notified of the use of reclaimed water at all use areas. Starfire shall post advisory signs at the Use Location in plain view and clearly identifying the Use Location and notify the public and employees by other methods such as notices on flyers, distribution of written notices to residents or employees, or by other methods. Starfire shall notify the public and Starfire's licensees, invitees, members, volunteers and employees, in such a manner(s) so as to provide actual notice to each such person, of the use of reclaimed water at the Use Location. 3.6 Starfire shall ensure that its irrigation system is in good working order, maintained regularly and kept free of leaks. Starfire shall further ensure that its irrigation controllers are set so that reclaimed water is applied appropriately to the landscape, to avoid excessive ponding or runoff of water. Sprinkler heads should be adjusted as necessary to avoid application of water to impervious surfaces. 3 Reclaimed water, including runoff and spray, shall be confined to the designated Use Location in accordance with this Agreement. 3.7 Starfire shall ensure that there are no cross connections of potable water and reclaimed water or reclaimed water and sewage. Starfire shall install appropriate cross connection control devices on all potable water lines (if any) in the Use Location in accordance with the State Water Reclamation and Reuse Standards. 3.8 Starfire shall ensure that all reclaimed water valves, storage facilities, and outlets are tagged or labeled to warn the public and/or employees that the water is not intended for drinking. 3.9 Starfire shall ensure that all reclaimed water piping, valves, outlets and other appurtenances are color -coded purple or otherwise marked to identify the source of the water as being reclaimed water. If Starfire desires to modify or extend the irrigation system it must, prior to any work, submit plans for such modifications or extensions to the City and the County for their review and approval prior to commencement of construction. The City and/or the County may deny said plans at their sole discretion. 3.10 Starfire shall ensure that there are no cross connections with any potable water systems, including hose bibbs. 3.11 Starfire shall ensure that no hose bibbs are in place for reclaimed water. 3.12 Starfire shall ensure that all employees, members or volunteers using reclaimed water have completed training in the requirements for appropriate use of the reclaimed water provided by King County and /or the City. Starfire shall ensure that all reclaimed water valves and outlets are of a type, or secured in a manner, that permits operation only by personnel trained. 3.13 Starfire shall not irrigate with reclaimed water when the ground is saturated, frozen, or during rain events. Precautions shall be taken to assure that reclaimed water or reclaimed water mist shall not be sprayed on people, any facility, or area not designated as the Use Location. 3.14 If Starfire is not in breach of any term or condition of this Agreement and if the City concurs, then Starfire may, during the term of this Agreement, propose a modification to the Use Location described in Section 1.5 and depicted on Exhibit A of this Agreement, by submitting to the County a written request for modification of Use Location, setting forth a description of the proposed modification, the purpose of the modification, and the proposed quantity, flow rate, pressure and desired availability of Class A Reclaimed Water requested for the proposed modification. The County will review the Request for Modification of Use Location and either approve or deny the request. The County's decision to approve or deny the request for Modification of Use Location shall be in the 4 County's sole and absolute discretion. Starfire shall not make any modification or expansion of the Use Location without the prior written approval of the County which approval may be withheld in the County's sole and absolute discretion. If the County approves the proposed modification of Use Location, then the County shall revise Exhibits A and C to this Agreement to reflect the approved modification to the Use Location (the "Revised Use Location and shall send the revised Exhibits A and C to the Parties at the addresses set forth in Section 11 below. The Revised Use Location shall become effective on the date of the County's transmittal of the revised exhibits. Starfire shall bear any and all costs associated with any and all requests for modification of the Use Location. The County is, and shall be, under no obligation, directly or indirectly, to pay for any labor, material, or improvements associated with any modification to the Use Location. 4.0 RIGHT OF ENTRY /INSPECTION Representatives from the Departments of Health and Ecology, King County, and /or the City shall have authority to regulate distribution, enter and inspect the Park and Use Location and to terminate service of reclaimed water for any violation of the Washington State Water Reclamation and Reuse Standards, the Permit, or any term or condition in this Agreement. Starfire hereby grants the City and the County and their duly authorized employees, agents, representatives and contractors, reasonable access to the Park and the Use Location, for any such purpose including, but not limited to, meter reading, cross connection control inspections and verification of reclaimed water use, use patterns, and signage. 5.0 PRICE OF RECLAIMED WATER 5.1 During the term of this Agreement, Starfire shall pay the City an agreed upon rate identified in Exhibit D for the volume measured at the reclaimed water meter. 5.2 The price charged by the City for the use of the reclaimed water may change as the cost of providing the reclaimed water changes. 5.3 The City shall bill Starfire on a monthly basis and Starfire shall pay the amount due based upon the metered flow and said price. 5.4 In the event of non payment for sixty (60) days after mailing of invoice, the City and /or the County may disconnect Starfire's irrigation system and stop delivery of Class A Reclaimed Water to the Use Location. This remedy is in addition to all other remedies. 5.5 Starfire shall provide to the County and the City all requested documentation and records, including, but not limited to, reclaimed water use quantities, methods of 5 application, and other information required by the County as part of the County's annual regulatory reporting and five year permit submittal process. 6.0 WATER RIGHTS No water right is created by this Agreement. 7.0 COMPLIANCE WITH LAWS GOVERNING RECLAIMED WATER 7.1 Starfire agrees that it will comply with all applicable federal, state and local laws, regulations and standards governing the use of Class A Reclaimed Water. 7.2 Starfire's use of Class A Reclaimed Water must meet all applicable requirements contained in the Water Reclamation and Reuse Standards issued by the Washington State Departments of Health and Ecology, as amended from time to time or contained in any successor standards or regulations. 7.3 A violation of these terms and conditions or of State standards and regulations may result in termination of Class A Reclaimed Water service under this Agreement. 8.0 INDEMNIFICATION To the maximum extent permitted by law, Starfire shall hold harmless, indemnify and defend the City and King County from any claims, suits, actions, losses, penalties, judgments, and awards for damages of any kind arising out of or in connection with the use of Class A Reclaimed Water provided under this Agreement, except to the extent arising out of the negligence or other fault of the City and/or King County. 9.0 TERMINATION This Agreement may be terminated immediately for cause, including but not limited to non payment of water charges or a violation of the requirements described in Sections 3 and 7 of this Agreement. This Agreement may also be terminated upon thirty (30) days written notice by the County if the County cannot deliver Class A Reclaimed Water to the Use Location for more than ninety (90) days as described in Section 2.4 of this Agreement. 6 10. TERM OF AGREEMENT The term of this Agreement shall commence on the date of execution by the Parties and continue, subject to the terms and conditions hereof, for a term of 5 years, unless terminated earlier as allowed herein. 11. NOTICES Any notices required or authorized herein shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight delivery service, or sent by registered or certified mail if mailed or deposited in the United States mail, return receipt requested, postage prepaid to the Parties at the addresses listed below Starfire Sports: Julie Hoyle Lowe ATTN: General Manager Starfire Sports 14800 Starfire Way Tukwila, WA 98188 (206) 431 -3232 julie@starfiresports.com City of Tukwila: Pat Brodin ATTN: Operations Manager 600 Minkler Blvd Tukwila, WA 98188 (206) 433 -1861 pwutil @ci.tukwila.wa.us King County: For contractual related notices: Kristina Westbrook ATTN: Reclaimed Water Engineer Wastewater Treatment Division KSC -NR -0512 201 S. Jackson Street Seattle, WA 98104 -3855 206 -296 -5279 kristina.westbrook@kingcounty.gov 7 For reclaimed water operational related notices: Curtis Steinke ATTN: Reclaimed Water Process Analyst South Treatment Plant RTP -NR -0100 1200 Monster Rd SW Renton, WA 98055 206- 684 -2456 curtis. steinke(r�kinacounty. gov or to such other addresses as the Parties may from time to time designate in writing and deliver in a like manner. Notices may also be given by facsimile transmission (provided the fax machine has printed a confirmation of receipt). All notices that are mailed shall be deemed received three (3) business days after mailing. All other notices shall be deemed complete upon actual receipt or refusal to accept delivery. 12. ASSIGNMENT This Agreement may not be assigned by Starfire and may not be transferred to a location or for a purpose not authorized under this Agreement without the express written consent of the County. 13. NON WAIVER Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach, and shall not be construed to be a modification of this Agreement: 14. AMENDMENT Except as provided in Section 3.16 above, this Agreement may be amended only by an instrument in writing duly executed by all of the Parties to this Agreement. 15. GOVERNING LAW; VENUE This Agreement shall be governed by and construed and enforced in accordance with Washington law and the Parties agree that for any legal action or proceeding, venue shall be in King County Superior Court, in Seattle Washington. 16. AUTHORITY Each individual signing this Agreement warrants that he or she has the authority to enter into this Agreement on behalf of the Party for which that individual signs. 8 IN WITNESS HEREOF the undersigned, being duly authorized, have caused this Agreement to be executed on the dates shown below. CITY OF TUKWILA Approved as to form BY: BY: Title: Jim Haggarton, Mayor Title: City Attorney Date: Date: KING COUNTY Date: Date: Date: Date: 9 Approved as to form BY: BY: Title: Wastewater Treatment Division Title: King Director County Prosecuting Director Attorney's Office STARFIRE SPORTS Approved as to form BY: BY: Title: Title: Exhibits A Map and Depiction of Use Location B Definitions C Quantity, Flow Rate, Pressure, and Availability of Reclaimed Water D Rate and Price for Reclaimed Water Usage Ratak Water Fackky Far Dark Perk Ro i,in d vale, Meter I m_. South Trnntment Ptatk ReCialmad Water Reclaimed Water Plea the taxation Feel kg King County Department of Natural Resources and Parks Wastewater Treatment Division no Information Included on figs map lot been compiled hoer a witty of sovoos and In sublet( (o change without nonce. King County nukes no repraaenttllons a warnotke, express or Implied, as b scouraoy, Com t, tlmettroas. or tlahls to the seta of such tntomatlon. This doctment is not intended for use in a PAM,' product. King County shall not be babel for any general, epedot, (maraet, tncidm9+i, a coeaeglsndat damages including, eta not limited to, lost revenues or bat thorns masoning from (he use or ndsue IN the Intonnsibn contsfned on thus map. Any into of This crop or irt.rmignon on Ns trop to prdNbbed (ntxptby written permission of Ping County. File Nine: Q:V\W M1F rolectsg 5W_Ftand ,ProlacttFtCent_pe+mllmid Shen Crow Exhibit A Starfire Sports Complex (formerly Fort Dent Park) Reclaimed Water Use Area DEFINITIONS EXHIBIT B 1. Class A Reclaimed Water: means reclaimed water that, at a minimum, is at all times an oxidized, coagulated, filtered, disinfected wastewater and meets State Class A standards as defined in the State Reclamation and Reuse Standards. At the date of this Agreement, the standards are: the wastewater shall be considered adequately disinfected if the median number of total coliform organisms in the wastewater after disinfection does not exceed 2.2 per 100 milliliters as determined from the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform organisms does not exceed 23 per 100 milliliters in any sample. 2. Reclaimed Water: means water derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a beneficial use or a controlled use that would not otherwise occur, and it is no longer considered wastewater. For the purpose of this Agreement, reclaimed water shall be further defined as Class A reclaimed water. 3. Reclamation Criteria: means the criteria set forth in the Washington State Water Reclamation and Reuse Standards, Publication #97 -23 (September 1997) and any subsequent revisions adopted by the Departments of Ecology and the Department of Health, as defined in RCW 90.46.010(12) prior to and during the term of this agreement. 11 EXHIBIT C QUANTITY, FLOW RATE, PRESSURE, AND AVAILABILITY OF RECLAIMED WATER Quantity, Flow Rate, and Pressure of Class A Reclaimed Water: Flow Rate Range Available (except as noted in Sections 2.5 and 9.0): 50 -200 gpm Maximum Annual Quantity Usage: 2.5 million gallons per year Pressure Range: 60 -100 psig immediately prior to the pressure reducer at the Use Location. Availability of Reclaimed Water: February 1 March 1: Available upon request for emergency irrigation water needs due to unusually dry weather conditions, with 7 days notice March 2 April 1: Three (3) days per week April 2 October 31: Seven (7) days per week November 1 November 7: Three (3) days per week November 8 January 31: Not available 12 L EXHIBIT D RATE AND PRICING OF RECLAIMED WATER King County will deliver reclaimed water to the City of Tukwila as per the terms of the AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS AND THE CITY OF TUKWILA dated January 2008. The cost of delivery to Starfire shall be based upon 80% of the City of Tukwila water rate for retail customers. The rates outline below may be adjusted annually based upon any subsequent rate adjustment ordinance by the City. Tukwila Commercial Retail Water Customer Rates (Effective: January 1, 2009) Water Commodity Charge per CCF (100 cubic feet) 1 Tukwila Potable Off Peak Usage Charge (Sept 16 May 15) $3.62 per CCF Tukwila Peak Usage Charge (May 16 Sept 15) $4.98 per CCF Tukwila Commercial Retail Reclaimed Water Rates (Effective:. The signed date of this agreement) Reclaimed Water Commodity Charge per CCF (100 cubic feet) 13 Reclaimed Water Off Peak Usage Charge (Sept 16 May 15) $2.90 per CCF 1 Reclaimed Water Peak Usage Charge (May 16 Sept 16) $3.98 per CCF NOTE: Minimum base meter charge also applies according to meter size. Table is found at httn:// www. ci. tukwila .wa.us/finance /finutilitv.html #rates. UTILITIES COMMITTEE Meeting Minutes July 28, 2009 5:00 p.m. Conference Room #1 City of Tukwila Utilities Committee PRESENT Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Mike Cusick, Mary Miotke, Gail Labanara and Kimberly Matej Guest: Chuck Parrish and David Weaver CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. Resolution for Sole Source Purchase: Lift Station Control Systems Staff is seeking full Council approval of a resolution waiving the competitive bidding requirements and authorizing the sole source purchase of lift station control systems from Calvert Technical Services, Inc. The City is currently in the process of upgrading the Allentown Storm Pump Station No. 18. In order to maintain interoperability with the other lift stations throughout the City, upgrades and /or changes made to the Allentown location should be configured, built and supported by the same vendor as the other lifts stations, which is Calvert Technical Services, Inc. UNANIMOUS APPROVAL. FORWARD TO AUGUST 10 COW FOR DISCUSSION. B. Interurban Water Reuse: Reclaimed Water Service and Use Agreement with Starfire Snorts Staff is seeking full Council approval to enter into an agreement with Starfire Sports and King County for the use and service of reclaimed water. In the past, Starfire Sports utilized reclaimed water to irrigate the softball fields which were located at Fort Dent Park. With the addition of a new soccer field and landscaped areas in the northern portion of the park, they would like to expand the use to reclaimed water to that area. King County Department of Natural Resources requires a formal user agreement for the distribution of reclaimed water to ensure compliance for distribution. The City of Tukwila is responsible for the service, metering and billing of the reclaimed water. UNANIMOUS APPROVAL. FORWARD TO AUGUST 10 COW FOR DISCUSSION. C. Proiect Closeout Accentance: Side Sewer Installation at 13906 51st Avenue South Staff is requesting full Council approval for formal contract acceptance and release of retainage to Duane Cameron Bulldozing, Inc. for the side sewer installation at 13906 51st Avenue South. One change order was required on this project due to sewer stub location issues and extraordinary depth (see Utilities Committee minutes dated 06/09/09. UNANIMOUS APPROVAL. FORWARD TO AUGUST 3 CONSENT AGENDA. CAS NUMBER: C I'I?GOR1' SPONSOR SPONSOR'S )R'S SUMMARY RI. \'Ili\\'I,D BY Fund Source: Comments: MTG. DATE 08/10/09 MTG. DATE I 08/10/09 O 115 Alts Date 08/10/09 Mtg Date 08/17/09 Rltg Date COW Mtg. Utilities Cmte fl CO UNCIL AGENDA SYNOPSIS Meeting Date Prepared by 08/10/09 MV 08/17/09 MV 1 /Layor reuien' I Connci/ evi av I I ITEM INFORMATION AGI;ND,\ I'rk\I Ti'n An Interlocal Agreement for the Valley Narcotics Enforcement Team (VNET) Discussion Motion Resolution Ordinance 1 I Bid Award Public Hearing l l Other illtg Date 1 Ltg Date Council U Mayor Adm Svcs n DCD Finance Fire Legal U P&'R Police U PI VNET has been in existence for many years and includes detectives from Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle. The multi jurisdictional team investigates and enforces mid to high level narcotics crimes. The team is currently functioning with a mutual aid understanding and without an Interlocal agreement. The Council is being asked to consider and approve the attached Interlocal Agreement between the participating agencies. CA &P Cmte Arts Comm. DATE: 08/04/09 RECOMMENDATIONS: SPC)NS()R /ADMIN. Police Department Initials ORIGINAI,AG1?NDADATE: AUGUST 10, 2009 F &S Cmte n Parks Comm. COMivfIY1J 1t Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI?NDI'CURI? Rl ,t )U1RVD AMOUNT BUDGETED RECORD OF COUNCIL ACTION ITEM No. Rltg Date tlltg Date Transportation Cmte Planning Comm. APPROPRIATION REQUIRED ATTACHMENTS Informational Memorandum dated 07/29/09 Interlocal Cooperative Agreement for the Valley Narcotics Enforcement Team Minutes from the Finance and Safety Committee meeting of 8/04/09 TO: FROM: Mike Villa, Assistant Chief of Police DATE: July 29, 2009 SUBJECT: Interlocal Agreement for VNET ISSUE The City needs to sign an Interlocal agreement in order to continue to participate in the Valley Narcotics Enforcement Team (VNET). BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Jim Haggerton, Mayor The multi jurisdictional VNET has been in existence for many years, the members of which are Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle. The team works with DEA on mid to high level narcotic investigations. The team concept has resulted in more effective pooling of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased capacity to investigate and enforce narcotic crimes. The team is currently functioning with a mutual aid understanding and without an Interlocal agreement. DISCUSSION Team objectives, duration of the agreement, governance, staff, equipment, training, financial issues, and legal concerns are all critical issues that need to be defined and agreed upon by the participants. Therefore, the agencies have drafted and are proposing the attached Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Valley Narcotics Enforcement Team. RECOMMENDATION The Council is being asked to consider this item at the August 10, 2009 Committee of the Whole meeting and subsequent August 17, 2009 Regular Meeting. ATTACHMENTS Interlocal Cooperative Agreement for VNET W:12009 InfoMemos \VNET Interlocal.doc June 17, 2009 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM I. PARTIES The parties to this agreement are the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle, and Federal Way. The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement Administration (DEA) Task Force. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties desire to establish and maintain a multi jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. IV. FORMATION There is hereby established a multi jurisdictional team to be hereafter known as the Valley Narcotics Enforcement Team "VNET the members of which shall be the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle and Federal Way. VNET has been in existence for some time and this Agreement establishes an Inter -local Agreement between the listed jurisdictions. The future admission or elimination of a jurisdiction as a member of VNET may be accomplished by an addendum to this agreement. V. STATEMENT OF PROBLEM The municipalities within the Puget Sound area have experienced an increase in urbanization, and in population densities. The ability to address drug abuse and the crimes associated to controlled substances has stretched the resources of individual police department specialty units. Law enforcement efforts directed at dealing with narcotic issues have, for the most part, been conducted by law enforcement agencies working independently. A multi jurisdictional effort to handle specific and complicated narcotic investigations will result in more effective pooling of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization /application of a combined narcotic enforcement team. The results will be improved services for all of the participating entities, increased safety for officers and the community, and improved cost effectiveness. Valley Narcotics Enforcement Team Interlocal Agreement 1 June 17, 2009 VI. TEAM OBJECTIVES The assigned personnel from each participating agency will form a combined investigation team "Team through VNET. Each Police Officer is assigned to the Team via this agreement, and to DEA through individual agreements with DEA. VNET shall also be available to outside law enforcement agencies as outlined under mutual aid and as approved by DEA. The objective of the VNET shall be to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training. The combined Team or individual detectives shall respond as able and as approved by the DEA Supervisor when requested by any of the participating agencies. VII. DURATION /TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in VNET by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The VNET may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. In the event that VNET withdraws its participation in the DEA Task Force, this agreement will remain in effect as VNET operates independently as it has done in the past. VIII. GOVERNANCE The affairs of the VNET shall be governed by an Executive Board whose members are composed of the police chief, or his /her designee, from each participating jurisdiction. A presiding officer shall be elected by the Board to serve as Chair. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. The Board shall meet monthly, unless otherwise determined by the Board. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The Chair shall provide no less than forty -eight (48) hours notice of all meetings to all members of the Board; PROVIDED, however, that in Valley Narcotics Enforcement Team Interlocal Agreement 2 June 17, 2009 emergency situations, the Chair may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. IX. STAFF The following Staff shall serve at the pleasure of the Board. Staff may be removed for any reason by majority vote of the Board. Team Supervisor: A Team Supervisor with the rank of Sergeant or equivalent from his /her respective agency shall be appointed by the Board. The VNET Supervisor shall act as the first level supervisor for the team and shall report directly to the VNET Chair. Office Manaaer: The VNET Office Manager shall be provided by the City of Kent on a reimbursable basis and shall work under the direction of the Board. The Office Manager reports directly to the Team Supervisor and is responsible for unit accounting, reports, office support, and other duties as appropriate. Attorney: An attorney shall be a member of the Team. The King County Prosecutor's Office shall select and interview candidates and make a recommendation to the Executive Board. The Executive Board will make the selection after considering the recommendation. The attorney will be responsible for reviewing and filing cases, wire orders, search warrants, the prosecution of forfeiture cases, and other services as needed. VNET Detectives: Each agency shall contribute one (1) full -time commissioned officer to the Team. Employees of Contributina Jurisdictions: The personnel assigned to the Team shall be considered an employee of the contributing agency. That agency shall be solely and exclusively responsible for the compensation and benefits for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual agency. Each agency shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. In cases where the DEA procedures do not apply, each individual will follow the General Orders as specified by the home agency. X. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating VNET Detectives. Each jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VNET Detectives. Each jurisdiction shall provide sufficient funds to provide for training of its participating VNET Detectives. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VNET shall be equal to those provided by the other participating jurisdictions. Valley Narcotics Enforcement Team Interlocal Agreement 3 June 17, 2009 The Board shall be responsible for purchasing VNET equipment. Property purchased using VNET funds or forfeited property shall remain the property of the VNET unless the Board transfers it to a participating jurisdiction. The Board will insure a record of the transaction is maintained. The Board must approve any joint capital expenditure for VNET equipment of $1,500.00 or more. Approval for capital expenditures of less than $1,500.00 may be authorized by the VNET Chair. XI. FINANCIAL REQUIREMENTS VNET utilizes a Fiscal Agent for all account transactions and accounting. One of the participating jurisdictions will fulfill the responsibility of Fiscal Agent. The VNET operating budget relies primarily on three (3) funding sources: State and Federal Grants, the participating agencies, and the VNET assets forfeited at the state and federal levels. Federal Grant funds are administered by the state and follow the state budget cycle of July 1 through June 30 of the following year. VNET shall request monthly reimbursements of expenses until the awarded amount is exhausted. Once the Federal Grant has been exhausted, forfeited assets will be used to pay expenses for the remainder of the budget cycle. VNET shall prepare a budget each year that estimates the grant funds available, and each participating agency shall provide VNET with the annual cost to assign an officer or other approved personnel to the unit. An agency's annual contribution is then divided by twelve (12) and credited towards the monthly salary and benefits of the agency's participating personnel. All other expenses are paid for by VNET utilizing either Grant funds or forfeited assets. The Board shall agree upon a date each year by which time it will notify the participating agencies of each agencies' expected contribution. The DEA contribution to VNET includes providing office space, storage space, parking, and phone service at no cost. XII. DISTRIBUTION OF SEIZURE FUNDS The VNET Board provides oversight of seized and forfeited assets via the Fiscal Agent. Forfeited assets may be distributed to participating agencies when deemed appropriate by the Board. The Board will endeavor to maintain adequate financial resources to fund ongoing operations of the VNET. XIII. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of the VNET, each participating jurisdiction shall retain sole ownership of the equipment purchased and provided to its participating VNET members. Any assets acquired with joint funds of the VNET shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VNET shall be determined by using Valley Narcotics Enforcement Team Interlocal Agreement 4 June 17, 2009 commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any VNET property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VNET at the time of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VNET, but the VNET continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VNET or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: a. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VNET upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. b. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and /or written presentation to the Arbitrator in support of its position. c. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the VNET without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VNET actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In VNET Resoonse. In the event that a jurisdiction or its personnel were not involved in the VNET response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular Valley Narcotics Enforcement Team Interlocal Agreement 5 June 17, 2009 jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wronaful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VNET personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VNET members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. Valley Narcotics Enforcement Team Interlocal Agreement 6 June 17, 2009 F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. The failure of any insurance carrier or self- insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. XV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VNET operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a VNET action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XVI of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XVI. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of VNET activities. The lead jurisdiction shall be the jurisdiction within which the VNET response occurred; PROVIDED, that in the event the jurisdiction within which the VNET response occurred did not participate in the VNET response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VNET response originated. In the event that a jurisdiction that was not involved in the VNET response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XVII of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of VNET Supervisor. The VNET Supervisor shall assist the lead jurisdiction in responding to a claim. The VNET Supervisor shall be responsible for gathering all records relating to the VNET response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence Togs, recorded statements, documents from ernergency dispatch centers, and warrants from all jurisdictions that participated in the VNET response. The VNET Supervisor shall also provide a list of personnel who participated in the response and their contact information. The VNET Supervisor shall deliver all copies of the records to the lead jurisdiction promptly upon request. Valley Narcotics Enforcement Team Interlocal Agreement 7 June 17, 2009 C. Claims of $5,000 or Less. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Supervisor to gather records relating to the VNET response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VNET is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and /or the VNET. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the VNET response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the VNET and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VNET is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and /or the VNET, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters. In the event a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating Valley Narcotics Enforcement Team Interlocal Agreement 8 June 17, 2009 D. Claims over $5,000. jurisdictions with a letter stating the determination and the bases for such determination. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VNET to discuss the claim and to determine the appropriate manner in which to respond and /or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XVII of this Agreement. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VNET to discuss the lawsuit and to determine the appropriate manner within which to respond and /or defend the lawsuit. The Board and persons listed in Section XX of this Agreement shall be notified of the meeting. XVIII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XVII of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XVII of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: Valley Narcotics Enforcement Team Interlocal Agreement 9 June 17, 2009 Auburn: Auburn City Attorney 25 West Main Street Auburn, WA 98001 (253) 931 -3030 Auburn Police Chief 101 N. Division Auburn, WA 98001 (253) 931 -3080 Auburn Human Resources Director /Risk Manager 25 West Main Street Auburn, WA 98001 (253) 931 -3040 Auburn City Clerk 25 West Main Street Auburn, WA 98001 (253) 931 -3039 Port of Seattle: Port of Seattle Claims Manager P.O. Box 1209 Seattle, WA 98111 Valley Narcotics Enforcement Team Interlocal Agreement 10 Kent: Kent City Attorney 220 4 Avenue South Kent, WA 98032 (253) 856 -5781 Kent Risk Manager 220 4 Avenue South Kent, WA 98032 (253) 856 -5285 Kent City Clerk 220 4 Avenue South Kent, WA 98032 (253) 856 -5728 Kent Police Chief 220 4 Avenue South Kent, WA 98032 (253) 856 -5888 Federal Way: Federal Way City Clerk P.O. Box 9718 Federal Way, WA 98063 Federal Way City Attorney P.O. Box 9718 Federal Way, WA 98063 Renton: Renton Risk Manager 1055 So. Grady Way Renton, WA 98055 CIAW: Director of Claims Canfield Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 June 17, 2009 Tukwila: City Clerk City of Tukwila 6200 .Southcenter Blvd. Tukwila, WA 98043 WCIA: Claims Manager WCIA P.O. Box ef'30 t1C4 WA 4 19435 XIX. COMPLIANCE WITH THE LAW The VNET and all its members shall comply with all federal, state, and local laws that apply to the VNET. XX. ALTERATIONS This agreement may be modified, amended, or altered by agreement of all participating agencies and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement. It is recognized that during the course of operations, it may become necessary to alter the terms of this Agreement to provide for efficient operation of the VNET and to meet the goals of the VNET. It is further recognized that the Board has the expertise necessary to provide for the efficient operation of the VNET. To that end, the jurisdictions agree that changes may be made to this Agreement, or addendums added to this Agreement, without prior approval of the legislative bodies of the jurisdictions on the condition that such changes or addendums shall be effective only by a unanimous vote of all members of the Board. XXI. RECORDS Each agency shall maintain records relating to work performed by its employees assigned to the VNET when operating outside DEA operations. The VNET office manager shall maintain records relating to the operation of the VNET to the extent required by law. All records shall be available for full inspection and copying by each participating jurisdiction. XXII. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. XXIII. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. XXIV. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution Valley Narcotics Enforcement Team Interlocal Agreement 11 June 17, 2009 or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. Valley Narcotics Enforcement Team Interlocal Agreement 12 June 17, 2009 By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn City Clerk, City of Auburn Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Mayor, City of Renton City Clerk, City of Renton Date Mayor, City of Tukwila City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Auburn Date Date City Attorney, City of Renton Date Date C ty Atne Cit of Tukwila Date Date City Attorney, City of Kent Date City Clerk, City of Kent Date Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date Valley Narcotics Enforcement Team Interlocal Agreement 13 FINANCE AND SAFETY COMMITTEE Meeting Minutes August 4, 2009, 5:00 p.m.; Conference Room #3 CALL TO ORDER: Chair Linder called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn Staff: Peggy McCarthy, Dave Haynes, Katherine Kertzman, Derek Speck, Rhonda Berry and Kimberly Matej II. BUSINESS AGENDA A. Valley Narcotics Enforcement Team (VNET) Interlocal Asreement Staff is seeking full Council approval to enter into an interlocal agreement for continued participation in the Valley Narcotics Enforcement Team (VNET). VNET is a joint task force comprised of six area police agencies who work with the DEA on narcotics investigations. This cooperative Team has been operation for many years, and has functioned without an interlocal agreement. Modeled after the Valley SWAT, this interlocal agreement will be signed by all participating agencies, and will assist VNET to continue operating efficiently. No additional or new City funding is required for participation in the agreement. UNANIMOUS APPROVAL. FORWARD TO AUGUST 10 COW FOR DISCUSSION. B. Seattle Southside Visitor Center Lease Staff is seeking full Council approval to enter into a new lease agreement with Dollar Development Co. for two, five -year periods for Seattle Southside Visitor Services office space. Seattle Southside is currently located at 14220 Interurban Avenue South, Suite 130, Tukwila and is considering relocating to 3100 South 176 Street, SeaTac. After a lengthy discussion, the Committee determined that there was not enough information provided in the staff informational memo to make either a recommendation, or to forward the item onto full Council for discussion. In consideration of time constraints (the current lease in the Tukwila location is set to expire on August 31, 2009), the Committee has recommended staff make changes to the informational memo as listed below, and after review by the Committee Chair, the item may be forwarded to the August 17 Regular Council Meeting for discussion. The item will not be forthcoming from Committee with a recommendation at this time. Items for inclusion in the revised informational memo include: Specific information regarding sites that were considered, looked at, and those which submitted proposals A chart comparing and /or outlining amenities of locations being considered Pros and cons of the locations being considered Offer /terms submitted by landlord of current location Cost implications for going month -to -month on the current lease NO COMMITTEE RECOMMENDATION. REQUEST TO REVISE INFORMATION AND POSSIBLY FORWARD TO AUGUST 17 REGULAR MEETING FOR DISCUSSION. 10th (Monday) ..ity Affairs Parks Cmto CANCELLED City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) Executive Session 6:30 PM (POTENTIAL LITIGATION) (immediately prior to Regular Meeting) City Council Regular Mtg., 7:00 PM (Council Chambers) 11th (Tuesday) Utilities Cmtc CANCELLED City Council Special Mtg. (Work Session on Shoreline Master Program) 6:00 to 8:00 PM (Council Chambers) Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) 17th (Monday) 18th (Tuesday) Transportation Finance Safety Cmte, Cmte, 5:00 PM 5:00 PM (CR #1) (CR #3) Primary and Special Election Day VOTE! LJ Upcoming Meetings Events AUGUST 2009 12th (Wednesday) 13th (Thursday) 14th (Friday) Sports for Hunger Volleyball Tournament (to benefit Tukwila Pantry) Starts at 6:00 PM (Community Center) Call 206 768 -2822 for information 19th (Wednesday) 20th (Thursday) 21st (Friday) Parks Commission, 5:30 PM (Conununity Center) Library Advisory Board CANCELLED Crime Hot Spots Task Force Mtg., 10:00 AM (CR #5) Domestic Violence Task Force, 12:00 NOON (Human Svcs. office) Tukwila Historical Society, 7:00 PM (George Long facility) Human Services Advisery Board CANCELLED Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). 15th (Saturday) TUKWILA DAYS COMMUNITY FESTIVAL (at the Tukwila Community Center) Splash into Summer! Pancake Breakfast: 8:00 10:00 AM Parade Starts at 9:00 AM Vendor Fair, Art Show, Vintage Car Show, Fun Zone and more great family entertainment! 9:00 AM 3:00 PM 22nd (Saturday) 16th Annual Community Garage Sale August 22 23 The City website will have a list of sale locations at www.ci.tukwila. wa. us, plus ads on Craigslist and in the Renton Reporter and Kent Reporter newspapers. Or, just drive around Tukwila's neighbor- hoods on Sat. Sun. looking for the bright yellow signs! ➢City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. >City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 43. Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Hztynh at 206 -433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Services Office. Contact Stacy Hansen at 206 433 -7181. >Finance Safety Committee: Ist 3rd Tues., 5:00 PM, Conf. Room #3. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 767 -2342. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf Room #1. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860. >Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #l. Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 REGULAR C.O.W. August 3 31st Fifth Monday of the month —no Council meeting scheduled September 8 (Tuesday) 14 7 —Labor Day Snecial Presentation: (City offices closed) Fire Department awards Proclamation: National Payroll Week 10 October 5 12 See agenda packet cover sheet for this week's agenda (August 10, 2009 Committee of the Whole Meeting) MEETING 3 REGULAR 17 6:30 Pm EXECUTIVE SESSION Snecial Presentation: Introduction of new police officers Plein Air Paint Out (Jacque Carroll) Human Services and Multi- Service Center update (Evelyn Boykan, Human Services Manager, and Manuela Ginnett, Housing Program Director, Multi- Service Center) Unfinished Business: Valley Narcotics Enforcement Team (VNET) interlocal agreement Lift station control systems resolution for sole source purchase Interurban water reuse reclaimed water service and use agreement with Starfire Sports Seattle Southside Visitor Center lease 21 Snecial Presentation: Tukwila School District English Language Learners Program (Dave Larson, Program Director) Proclamation: Mayor's Day of Concern for the Hungry 19 MEETING 4 C.O.W. 24 Special Presentation: Police Department promotion of Don Lincoln to Assistant Chief Special Issues: Tukwila Village development negotiations update (discussion only) COMMII I t hE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING 28 26