HomeMy WebLinkAboutFS 2013-12-03 COMPLETE AGENDA PACKETCity of Tukwila
Finance and Safety
Committee
O Dennis Robertson, Chair
O Verna Seal
O De'Sean Quinn
AGENDA
Distribution:
D. Robertson
V. Seal
D. Quinn
K. Hougardy
Mayor Haggerton
D. Cline
P. McCarthy
C. O'Flaherty
S. Kerslake
K. Matej
L. Humphrey
P. Brodin
M. Miotke
R. Still
TUESDAY, DECEMBER 3, 2013 — 5:30 PM
CONFERENCE ROOM #3 (at east entrance of City Hall)
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Status of options to enhance revenues.
a. Information only.
Pg.1
Peggy McCarthy, Finance Director
b. A lease for Engineering Solutions (tenant at
b. Forward to 12/9 C.O.W.
Pg.3
6300 Southcenter Blvd.).
and 12/9 Special Mtg.
Pat Brodie, Public Works Operations Manager
c. An agreement with King County relating to Institutional
c. Forward to 12/9 C.O.W.
Pg.13
Network (I -NET) services.
and 12/9 Special Mtg.
Mary Miotke, IT Director
d. An Interlocal Agreement for support services between
d. Forward to 12/9 C.O.W.
Pg.53
City and Tukwila Metropolitan Park District.
and 12/9 Special Mtg.
David Cline, City Administrator
e. An update on Community Schools Collaboration funding
issues.
e. Information only.
Pg.83
Rick Still, Parks & Recreation Director
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: January 2014
The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL U��U�^�������U�
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Mayor Haggerton
Finance & Safety Committee
FROM: Peggy McCarthy, Finance Director
BY: Vicky Carlsen, Deputy Finance Director
DATE: November 26, 2013
SUBJECT: Status of Options to Enhance Revenues
ISSUE
Provide status of false alarm and billing for hazardous materials cleanup revenue option and
update on Transportation Benefit Districts.
BACKGROUND
At the January 14, 2013 City Council Committee of the Whole Councilmember Robertson, as
Chair of the Finance and Safety Committee, distributed a draft of committee goals that included
researching revenue increases and expenditure decreases.
An Info Memo identifying 3 potential revenue sources was distributed at the June 12, 2013
Finance and Safety Committee meeting. One option proposed was to review current false
alarm fees and the feasibility of increasing the fees.
On September 4, 2013' information on Transportation Benefit Districts was presented to
Finance & Safety.
DISCUSSION
Transportation Benefit Districts (TBD)
Information on TBDs was presented at the September 4, 2013 Finance & Safety Committee
meeting. A question was asked regarding the how many commercial vehicles versus personal
vehicles were registered in the City.
This question was posed to Department of Licensing and the response provided did not include
the split between commercial and private vehicles but they did provide the total number of
vehicles. As of September 2013, there are 25,089 vehicles registered to the City that could be
subject to a TBD fee. However, they did indicate that per RCW 36.73.065 if a City would like to
impose a $20 fee without a vote of the people, the boundaries of the TBD must include the all
the territory within the boundaries of the City. The only way to create a TB[) that would have
smaller boundaries than the City would be for the fee to be voter approved.
False Alarm Fees
Current false alarm fees have not been increased since 2004 for fire and 1985 for police.
Research has been done to compare the City's current fee structure to other local jurisdictions.
A recommendation will be coming to Finance & Safety in January to increase false alarm fees
for both police and fire. We hope to bring this forward at the same time that Fire updates the
International Fire Code. This will ensure a smooth transition to the new rates and will make it
easier to amend the Tukwila Municipal Code.
INFORMATIONAL MEMO
Page 2
Billing for Hazardous Materials (Haz Mat) Cleanup on Highways
There are many variables to consider before making a recommendation on billing for haz mat
clean up on highways.
Existing programs within the tri-county area will be analyzed to determine the best approach for
the city. Upon completion of the research and analysis, a recommendation will be presented to
the Committee for consideration.
RECOMMENDATION
For Information Only
ATTACHMENTS
2
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Bob Giberson, Public Works Director
BY: Pat Brodin, Operations Manager
DATE: November 26, 2013
SUBJECT: Updated New Lease for Engineering Solutions
Suite 209, 6300 Building
ISSUE
Approve the updated lease with Engineering Solutions on a year to year basis with no
agreement to extend the term beyond December 31, 2016.
BACKGROUND
Engineering Solutions has been a tenant in the 6300 Building since 2005. They
currently occupy 1,982 square feet of general office space on the second floor. They
also have two reserved parking spaces in the garage below the building. Their current
lease expires on December 31, 2013. The rental is for $19.50 per square foot for 2014
and increases by $0.25 each year thereafter if extended.
Engineering Solutions has been an excellent tenant for the City over the years. Their
track record is stellar with our Finance Department wherein they have consistently paid
the necessary rent on a timely basis. Throughout the period since 2005, maintenance
and repairs to the space (Suite 209) have been minimal and Engineering Solutions
continues to abide under Section 7a of the lease to "peaceably and quietly enjoy the
premises."
RECOMMENDATION
It is being recommended that Council authorize the Mayor to sign a new lease with
Engineering Solutions for a term of one year that may extend until December 31, 2016.
The Committee is being asked to forward this item to the December 9, 2013 Committee
of the Whole and Special Meeting to follow that night.
ATTACHMENTS
Lease Agreement
W: \2013 Info Memos-Council \LeaseEngr Solutions.docx
3
4
LEASE AGREEMENT
This Lease Agreement (the "Lease ") is entered into on this day of , 2013,
between the City of Tukwila, a Washington municipal corporation, (the "City") and Engineering
Solutions, Inc. (the "Lessee "). The City and Lessee agree as follows:
1. PREMISES: The City leases to Lessee the commercial property currently situated at 6300
Southcenter Boulevard, Suite 209, Tukwila, Washington (the "Premises "). The "Premises"
is that portion of the building containing approximately 1,982 square feet of rentable area,
shown by diagonal lines on Exhibit "A," located on the 2nd floor of the Building. Tenant
shall be permitted to park two (2) cars on a reserved basis in the area(s) designated by the
City for parking. Tenant shall abide by any and all parking regulations and rules established
from time to time by the City.
2. TERM: The term of this Lease shall commence on January 1, 2014, and shall end on
December 31, 2014, unless sooner terminated pursuant to Section 24 below. This Lease
may be extended for an additional one year term without further City Council approval if
such an extension is agreed to by the Parties. Upon termination of this Lease, Lessee shall
surrender all keys to the City at the place then fixed for notice.
3. POSSESSION: Lessee shall be deemed to have accepted possession of the Premises in an
"as -is" condition. The City makes no representations to Lessee regarding the Premises
including the structural condition of the Premises and the condition of all mechanical,
electrical, and other systems. Lessee shall not engage in any improvements or alterations to
the Premises without the express written consent of the City.
4. RENT: Monthly rent shall be set at $21.50 per square foot per year and shall be paid in 12
equal monthly installments due on the fifth (5th) day of each month. If any sums payable by
Lessee to the City are not received by the tenth (10th) day of each month, Lessee shall be
responsible for paying a late payment for the cost of collecting and handling the late
payment. The amount of the late payment shall be five (5) percent of the delinquent amount
and shall be in addition to the delinquent amount due. In addition, all delinquent sums not
paid within thirty (30) days of the date due shall bear interest at the rate of twelve (12)
percent per annum or the highest rate of interest allowable by law, whichever is less.
Interest on all delinquent amounts shall be calculated from the original due date to the date
of payment. The City's acceptance of less than the full amount of any payment due from
Lessee shall not be deemed an accordance and satisfaction or compromise of such payment.
5. SECURITY DEPOSIT: City will transfer security deposit in the amount of $2,642.67
from the expiring lease. If Lessee breaches any covenant or condition of this Lease
including but not limited to the payment of Rent, the City may apply all or any part of the
security deposit to the payment of any sum in default or any damages suffered by Landlord
as a result of Lessee's breach. Any payment to the City from the security deposit shall not
be construed as a payment of liquidated damages for any default. If Lessee complies with
all of the covenants and conditions of this Lease throughout the Lease term, the security
deposit shall be repaid to Lessee without interest within thirty (30) days after the vacation of
the Premises by Lessee.
LEASE AGREEMENT Page 1 of 8
5
6. USE: Lessee shall use the Premises for the following purposes: General Office. The
Premises shall be used only for the uses specified herein and for no other business or
purpose without the prior written consent of the City. No act shall be done on or around the
Premises that is unlawful or that will increase the existing rate of insurance on the Premises
or cause the cancellation of any insurance on the Premises. Lessee shall not commit or
allow to be committed any waste upon the Premises or any public or private nuisance.
Lessee shall not do or permit anything to be done on the Premises which will obstruct or
interfere with the rights of other tenants, or occupants of the Premises or their customers,
clients, and visitors or to injure or annoy such persons.
7. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessor shall, when and
if needed, at Lessor's sole expense, make repairs to the Premises and every part thereof; and
Lessee shall maintain the Premises in a neat, clean, sanitary condition. Lessee shall
surrender the Premises to the City in good condition upon the termination of this Lease,
reasonable wear and tear excepted.
7a QUIET ENJOYMENT: Tenant, upon paying the rent and performing all of its obligations
under this Lease, shall peaceably and quietly enjoy the Premises, subject to the terms of this
Lease and to any mortgage, lease, or other agreement to which this Lease may be
subordinate.
8. SIGNAGE: Lessee shall obtain the City's written consent before installing any signs up
on the Premises. Lessee shall install any approved signage at Lessee's sole expense and in
compliance with all applicable laws. Lessee shall not damage or deface the Premises when
installing or removing signage and shall repair any injury or damage to the Premises caused
by such installation or removal.
9. UTILITIES: Lessor shall pay prior to delinquency for all heat, light, water, and all other
utility services supplied to the Premises.
10. DESTRUCTION OF PREMISES: If the Premises are completely or partially destroyed by
fire or other casualty, or if they are damaged by an uninsured casualty, or by an insured
casualty to such an extent that the damage cannot be repaired within sixty (60) days of the
occurrence, Lessor shall have the option to restore the Premises or to terminate this Agreement
on thirty (30) days written notice, and Lessee shall have the option to terminate this Agreement
on thirty (30) days written notice, effective as of any date not more than sixty (60) days after
the occurrence. If this Section becomes applicable, Lessor shall advise Lessee within thirty
(30) days after such casualty whether Lessor elects to restore the Premises or to terminate this
Agreement. If Lessor elects to restore the Premises, it shall commence and prosecute the
restoration work with diligence. For the period from the date of the casualty until completion
of the repairs (or the date of termination of this Agreement, if Lessor elects not to restore the
Premises), the monthly minimum rent shall be abated in the same proportion that the
untenantable portion of the Premises bears to the whole thereof, unless the casualty results
from Lessee's negligence or its breach of its obligations under this Agreement.
11. HAZARDOUS SUBSTANCES: Lessee shall not generate, release, spill, store, deposit,
transport, or dispose of (collectively "Release ") any hazardous substances, sewage, petroleum
products, radioactive substances, medicinal, bacteriological, or disease - producing substances,
hazardous materials, toxic substances or any pollutants or substances defined as hazardous or
LEASE AGREEMENT Page 2 of 8
6
toxic in accordance with applicable federal, state and local laws and regulations in any
reportable quantities (collectively "Hazardous Substances ") in, on or about the Premises.
Lessee shall attach a separate list of Hazardous Substances they propose to store on site and
Lessor must accept the list in writing or the Hazardous Substances cannot be stored on site.
Lessee shall indemnify, hold harmless, and defend Lessor from any and all claims, liabilities,
losses, damages, clean -up costs, response costs and expenses, including reasonable attorney's
fees, arising out of or in any way related to the Release by Lessee, or any of its agents,
representatives or employees, or to the presence of such Hazardous Substances in, on or about
the Premises occurring at any time after the effective date of this Agreement to the full extent
of Lessee's liability.
12. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior written
consent of the City, Lessee may make, at its sole expense, such additional improvements or
alterations to the Premises, which it may deem necessary or desirable. Any repairs or new
construction by Lessee shall be done in conformity with plans and specifications approved
by the City. All work performed shall be done in a workmanlike manner and shall become
the property of the City.
13. LIENS: Lessee shall keep the Premises free from any liens arising out of any work
performed, materials furnished, or obligations incurred by Lessee, including those utilities
which Lessee is responsible for.
14. INSURANCE: The Lessee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the Lessee's operation and use of the leased Premises. Lessee's
maintenance of insurance as required by the agreement shall not be construed to limit the
liability of the Lessee to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance.
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on Insurance Services
Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual
liability. The City shall be named as an insured on Lessee's Commercial General
Liability insurance policy using ISO Additional Insured - Managers or Lessors of
Premises Form CG 20 11 or a substitute endorsement providing equivalent
coverage.
2. Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance.
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $1,000,000 general aggregate.
LEASE AGREEMENT Page 3 of 8
7
2. Property insurance shall be written covering the full value of Lessee's property and
improvements with no coinsurance provisions.
C. Other Insurance Provisions.
The Lessee's Commercial General Liability insurance policy or policies are to contain,
or be endorsed to contain that they shall be primary insurance as respect to the City.
Any insurance, self - insurance, or insurance pool coverage maintained by the City shall
be in excess of the Lessee's' insurance and shall not contribute with it.
D. Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:
VII.
E. Verification of Coverage.
Lessee shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Lessee.
F. Waiver of Subrogation.
Lessee and the City hereby release and discharge each other from all claims, losses
and liabilities arising from or caused by any hazard covered by property insurance on
or in connection with the premises or said building. This release shall apply only to the
extent that such claim, loss or liability is covered by insurance.
G. City's Property Insurance.
The City shall purchase and maintain during the term of the lease all -risk property
insurance covering the Building for their full replacement value without any
coinsurance provisions.
H. Notice of Cancellation.
The Lessee shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
I. Failure to Maintain Insurance.
Failure on the part of the Lessee to maintain the insurance as required shall constitute a
material breach of Lease, upon which the City may, after giving five (5) business days
notice to the Lessee to correct the breach, terminate the Lease or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand.
15. INDEMNIFICATION: Lessee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims, suits,
actions, or liabilities for injury or death of any person, or for loss or damage to property,
which arises out of Lessee's use of 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
LEASE AGREEMENT Page 4 of 8
8
Premises including any injuries or damages caused by any dogs allowed under Section 30,
except only such injury or damage as shall have been occasioned by the sole negligence of
the City.
16. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part
thereof, either by operation of law or otherwise, without first obtaining the prior written
consent of the City.
17. HOLDING OVER: If after expiration of the Lease term, Tenant remains in possession of
the "Premises" with the City's permission, Tenant shall become a tenant from month to
month only, upon all the provisions of this Lease, but the monthly rent payable by the
Tenant shall be increased to one hundred fifty percent (150 %) of the base monthly rent
payable by the Tenant at the expiration of the Lease term. If either the City or the Tenant
desires to terminate such month to month tenancy, it shall give the other party not less than
thirty (30) days advance written notice of the date of termination.
18. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or
provisions of this Lease, where such failure shall continue for a period of thirty (30) days
after written notice from the City to cure the default, shall constitute a default and breach of
the Lease by the City. Lessee shall notify the City promptly of any default not by its nature
necessarily known to the City.
19. ACCESS: After reasonable notice from the City (except in cases of emergency where no
notice is required), Lessee shall permit the City and its agents, employees, and contractors
to enter the Premises at all reasonable times to make repairs, alterations, improvements, or
inspections. This Section shall not impose any repair or other obligation upon the City not
expressly state elsewhere in this Lease.
20. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its
sole cost and expense, promptly comply with all laws, statutes, ordinances, and
governmental rules, regulations or requirements now in force or which may hereafter be in
force relating to or affecting the conditions, use, or occupancy of the leased premises.
Lessee shall faithfully observe and comply with the rules and regulations that the City shall
from time to time promulgate, including, without limitation, those regulations affecting
signage on the Property.
21. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any
permits or licenses that are necessary to perform the work and covenants of this Lease.
22. PROPERTY TAXES: The City shall be responsible paying all property taxes on the
premises.
23. NOTICE: All notices under this lease shall be in writing and shall be effective when
mailed by certified mail or delivered to the City at the address below stated, or to Lessee at
the address below stated or to such other address as either party may designate from time to
time:
LEASE AGREEMENT Page 5 of 8
9
CITY OF TUKWILA: LESSEE:
CITY OF TUKWILA
ATTN: Mayor's Office
6200 Southcenter Boulevard
Tukwila, Washington 98188
ENGINEERING SOLUTIONS INC.
6300 Southcenter Boulevard
Tukwila, Washington, 98188
24. TERMINATION: Either party has the right to terminate this Agreement if the other party
is in default of any material obligation or representation of this Lease which default is
incapable of cure, or which being capable of cure, is not cured within fifteen (15) days after
receipt of written notice of such default.
25. APPLICABLE LAW; VENUE; ATTORNEY'S FEES: This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. In the
event any suit, arbitration, or other proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that venue shall be properly laid in
King County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
26. AUTHORITY OF LESSEE: Lessee, and each individual executing this Lease on behalf
of Lessee, represent and warrant that s /he is duly authorized to execute and deliver this
Lease, and that this Lease is binding upon Lessee in accordance with its terms.
27. WAIVER AND FORBEARANCE: No waiver by the City of any breach or default by
Lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a
waiver of any subsequent breach or default of the same or any other covenant, agreement or
obligation, nor shall forbearance by the City to seek remedy for any breach or default of
Lessee be deemed a waiver by the City or its rights and remedies with respect to such
breach or default.
28. ENTIRE AGREEMENT; MODIFICATION: This Lease, together with any attachments
or addenda, represents the entire and integrated Lease Agreement between the City and the
Lessee and supersedes all prior negotiations, representations, or agreements written or oral.
No amendment or modification of this Lease shall be of any force or effect unless it is in
writing and signed by the parties.
29. SEVERABILITY AND SURVIVAL: If any term, condition or provision of this Lease is
declared void or unenforceable or limited in its application or effect, such event shall not
affect any other provisions hereof and all other provisions shall remain fully enforceable.
The provisions of this Lease, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Lease, shall survive termination of
this Lease.
30. DOG OCCUPANCY: Landlord grants permission for Tenant to have his dog in the subject
space. This permission is conditioned upon no difficulties with the dog such as barking,
"house broken," attacking occupants or visitors of the building. Upon lease expiration,
Tenant shall pay $400.00 for professionally deodorizing the subject space.
LEASE AGREEMENT Page 6 of 8
10
31. TENANT IMPROVEMENTS: City at its sole cost and expense will
- Repaint the subject space
- Recarpet the subject space
Tenant is granted permission to install static -free tile in two (2) of the offices. Such work
shall be done in a professional and workman -like manner.
IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above
written.
CITY OF TUKWILA: LESSEE:
By: By:
Its: Its:
Date: Date:
APPROVED AS TO FORM:
Office of the City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
Mayor, is the person who appeared before me, and said person acknowledged that they signed
this instrument, and on oath stated that they were authorized to execute the instrument on behalf
of the City of Tukwila and acknowledged it to be his /her free and voluntary act for the purposes
mentioned in the instrument.
DATED:
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of Washington
My appointment expires:
[Stamp or Seal]
LEASE AGREEMENT Page 7 of 8
11
STATE OF
COUNTY OF
) ss.
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, and on oath stated that said person was authorized to execute the instrument and
acknowledged it to be his /her free and voluntary act for the purposes mentioned in the
instrument.
DATED:
[Stamp or Seal]
LEASE AGREEMENT
12
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
Page 8 of 8
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: Mary Miotke, IT Director
DATE: December 3, 2013
SUBJECT: King County Institutional Network (I-Net) Services Contract Renewal
ISSUE
The City's current contract with King County for I-Net Services expires on December 31, 2013.
This secure connectivity service provided by the County is necessary for many of the City's
public safety applications associated with other governmental agencies. Data hosting services
at the County's Network Operations Center at Sabey are also included in this renewal for off-site
redundancy and disaster recovery purposes.
BACKGROUND
The City originally entered into an agreement with King County in 2007 for the purpose of
connectivity and secure communication between government agencies. The agreement was
then renewed in 2010 for an additional three-year term. A new option for data center hosting
services has been made available by King County this past year. Their hosting and Network
Operations site is located in the Sabey Data Center where the City is interested in positioning
servers and data storage devices for redundancy and disaster recovery purposes. In addition to
the connectivity and secure communication service, this critical hosting service has been
included in this contract renewal.
DISCUSSION
Secure connections are required for many of the City's public safety communications and
business processes. Our Police Department connects with King County through I-Net, which
then allows connection to the secure state-wide Intergovernmental Network (IGN) channel. The
encrypted IGN link allows communication with the State Patrol, DMV, County Public Safety
agencies, SCORE Jail and other state, county and federal agencies. The Fire Department
connects with county emergency management systems and regional messaging switches for
required national reporting and fire record and EMS systems updates. Police and Fire (both in-
station and in their vehicles) connect via I-Net to Valley Communications for Computer Aided
Dispatch communications. The Municipal Court conducts Video Arraignments over I-Net
connections and accesses King County's Jail information System. The Information Technology
Department procures the City's Public IP Addresses from the County through this contract and
has configured the I-Net connection as a primary internet connection. All of these connections
are critical to conducting important City business.
Because we have the I-Net connection in place, we are already physically connected to the King
County Network Operations Center located in Sabey Data Center. At the Sabey site, the county
now offers co-location services of a whole- or half-cabinet of server rack space along with
"Remote Hands" remote technical and troubleshooting assistance. The rack space is secure,
air-conditioned, and powered; moving our designated equipment into their co-location center
means that we are not having to provide these utilities ourselves to run this equipment in our
facilities and therefore we are saving money by reducing utility costs.
Our current connection to I-Net is only 100Mbs, which will not support the bandwidth needed for
off-site redundant disaster recovery. In consideration of our need to upgrade the bandwidth on
13
INFORMATIONAL MEMO
Page 2
top of paying for the co-location full-rack charge, the City (PW and IT) and King County (I-Net)
came to an agreement that in exchange for allowing County use of City-owned conduit to reach
the King County Libraries located in Tukwila, the County will upgrade the City to a 1GB network
connection as an even trade of services and reduce the added monthly fee to $0. This is a
significant savings for the City as the County's 1GB I-NET transport service is normally charged
at $1,450 per month.
FINANCIAL IMPACT
The monthly cost for the I-Net secure communication and connectivity services for this renewal
period is $994/mo. This portion of the invoice is currently paid cooperatively by multiple City
departments (PD, FD, EOC, Court, IT) at a percentage of total, with one-time costs originally
paid by IT. The full-rack data hosting with "Remote Hands" service will be billed at $1000/mo.
and the IT budget will pay this full portion plus a one-time provisioning charge of $995. The
annual amount for both secure connectivity and hosting services totals $23,928; the three-year
agreement renewal total will be $71,784, excluding tax.
RECOMMENDATION
The Council is being asked to forward this contract renewal for consideration at the December
9, 2013 Committee of the Whole meeting and subsequent December 9, 2013 Special Meeting
and approve the Mayor to sign the King County I-Net contract for an additional three-year term.
ATTACHMENTS
King County Institutional Network Contract Renewal
HAMy Documents I InfoMemoINET112313.doc
14
Institutional Network Services
This Contract, number 02COT13, is made this by and between King County,
Washington, with its principal place of business at 401 5th Avenue, Suite 600, Seattle, WA
(hereinafter "County ") and the City of Tukwila, with its principal place of business at 6200
Southcenter Blvd., Tukwila, WA (hereinafter "Customer "), collectively the "Parties ".
i. Preface
This Contract includes these terms and conditions and Attachments A through O.
ii. Recitals
WHEREAS, the County operates and maintains the Institutional Network (hereinafter "I-
Net"); and
WHEREAS, the County offers I -Net services to municipal, county, school, library and other
governmental, educational and non - profit agencies; and
WHEREAS, the Customer wants to purchase I -Net services as defined below; and
WHEREAS, the Customer agrees that it will use I -Net facilities and services solely for
educational, public access television channel, County and government communication purposes,
and not for any for - profit commercial purposes by itself or third parties; and
WHEREAS, the purpose of this Contract is to establish the contractual, service and support
responsibilities between the County and the Customer.
NOW, THEREFORE, in consideration of the payments, covenants, and obligations
contained herein, the Parties mutually agree as follows:
iii. Entire Agreement
This Contract contains all of the agreements of the Parties with respect to any matter covered or
mentioned in this Contract. No oral representations or other agreements have been made by the
Parties.
IN WITNESS, THEREOF, the Parties have executed this Contract.
KING COUNTY
CITY OF TUKWILA
Print Name:
Print Name:
Jim Haggerton
Signature:
Signature:
Title:
Title:
Mayor, City of Tukwila
Date:
Date:
15
16
TABLE OF CONTENTS
i. Preface 1
ii. Recitals 1
iii. Entire Agreement 1
1. Definitions 3
2. Use of the I -Net 3
3. Term of Contract 3
4. Notices 3
5. Charges and Payment Procedures 3
5.1 Invoiced Charges 3
5.2 Installation and Monthly Fees 3
5.3 Invoicing and Payment 4
5.4 New Site Costs 4
5.5 Services Activations and Changes 4
6. Reporting 4
7. Subcontracting 5
8. Insurance 5
9. Indemnification 5
9.1 Limitation of Liability 5
9.2 Risk of Loss 5
9.3 Warranty Disclaimer by the County 6
9.4 Customer Warranties 6
9.5 Survival 6
10. Contract Change Orders 6
11. Force Majeure 6
12. Severability 7
13. Nondiscrimination 7
14. Termination 8
15. Applicable Law and Forum 8
15.1 Dispute Resolution 8
15.2 Mediation 8
16. Services to Be Provided by I -Net 8
16.1 Service Types 8
16.2 Redundant Front Door (RFD) 8
16.3 Demarcation Device 8
16.4 Network Infrastructure Upgrade and Migration 9
17. Service Levels 9
18. Services Not Currently Provided by I -Net 9
19. Service Requirements 9
20. Security 10
21. Nonwaiver of Breach 10
22. No Third Party Agreement 10
23. Taxes 10
Attachment A - Sites(s) Covered Thru 12/31/2016 11
Attachment B - I -Net Connectivity Change Request Form 12
Attachment C - Acceptable Use Policy 13
Attachment D - Definitions 15
Attachment E - Key Persons 20
Attachment F - Termination 21
Attachment G - Service Offerings Thru 12/31/2016 22
Attachment H - Service Levels 27
Attachment I - IPV4 Addresses 30
Attachment J - Evidence of Insurance Coverage 31
Attachment K - I -Net Rate Card 32
Attachment L - Customer Network Topology 33
Attachment M - Customer Access to I -Net SharePoint Site 34
Attachment N - Data Center Services Rate Card 35
Attachment O - Colocation Agreement 36
17
18
1. Definitions
Words and terms Shall be given their ordinary and usual meanings. Where used in the Contract
documents, the words and terms contained in Attachment D - Definitions Shall have the meanings
indicated therein. The meanings Shall be applicable to the singular, plural, masculine, feminine and
neuter of the words and terms.
2. Use of the I -Net
The I -Net services provided under this Contract are for the exclusive use of the Customer at the
authorized Sites. Use of I -Net services by organizations other than those listed in Attachment A -
Site(s) Covered must be approved in advance in writing by the County. Allowing any other Site or
agency to connect to or use I -Net services is a material breach of this Contract and may be cause
to terminate service in whole or in part.
Customers may use the I -Net solely for educational, public access television channel and County
and government communication purposes and not for any for - profit commercial purposes.
Contrary use could result in the County losing the right to use most of the fibers that make up
the I -Net. Customer covenants that it will comply with this requirement, and will monitor and
regulate the traffic content it transports on the network to ensure its compliance with this
requirement. This requirement does not prevent the Customer from collecting fees from Users to
pay the direct costs of providing non - commercial services, such as fees for video class instruction
or charges to recover the cost of special use equipment. See also, Attachment C— Acceptable Use
Policy.
The Customer agrees that it Shall not resell any of the services provided under this Contract and
Shall comply with Attachment C— Acceptable Use Policy.
3. Term of Contract
This Contract is effective upon execution by both Parties for a term of three (3) years, subject to:
(a) the terms and conditions of the County's franchise agreements with Comcast, WAVE, and any
other franchisees and related I -Net lease agreements and obligations, as amended or renewed,
and (b) the Parties termination rights under Attachment F. Thereafter, this Contract may be
renewed upon execution of an amendment that may include a revised Attachment A, Attachment
G, Attachment H, Attachment K and /or Attachment N for additional three (3) year terms.
4. Notices
Any notice provided by one Party to the other Party under Attachment F — Termination Shall be in
writing and sent by certified or registered mail, return receipt requested. All other notice Shall be
in writing but may be provided by email. The effective date of a notice is the date on which one
Party receives the notice from the other Party. If to the County, notice under Attachment F Shall
be sent to the I -Net Business Manager as identified in Attachment E. If to the Customer, notice
under Attachment F Shall be sent to the Primary contact as identified in Attachment E. For all
other matters, notice shall be sent to the Key Person(s) as specified in Attachment E.
5. Charges and Payment Procedures
5.1 Invoiced Charges
A service cost summary applicable to the Contract is provided in Attachment A — Sites(s)
Covered. I -Net charges will begin on the Date of Activation.
5.2 Installation and Monthly Fees
A table indicating Customer Sites, services and costs as provided by this Contract is shown
in Attachment A — Sites(s) Covered. The County reserves the right to review and amend
pricing at the end of each term of this Contract.
City of Tukwila 3 of 36 CONTRACT NO. 02COT13
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5.3 Invoicing and Payment
Charges will be invoiced monthly (12 invoice periods per year).
Payment is due within thirty (30) Days of receipt of invoice. Thereafter, interest will be
charged as allowable by law but in no event Shall be more than one (1) percent per Month
on the balance due.
5.4 New Site Costs
Additional Sites may be added during the term of this Contract upon execution of an
amendment to this Contract which will include a revised Attachment A - Site(s) Covered.
Upon request, the County will prepare a written estimate of the costs necessary to design,
prepare, install and connect the new Site to the I -Net, and the service fees. To request an
additional site, the Customer must complete Attachment B — I -Net Connectivity Change
Request Form.
5.5 Services Activations and Changes
Services will not be activated until the Customer completes and the County approves
Attachment B — I -Net Connectivity Change Request Form.
5.5.1 Service Changes
A Service Change is defined as one that requires I -Net configuration changes,
equipment moves or add -ons. Additional charges may occur based on Attachment
K — I -Net Rate Card.
All Service Change requests Shall be in writing from the Customer using
Attachment B — I -Net Connectivity Change Request Form. A service ticket will be
generated and evaluated to assess engineering issues and determine whether the
Service Change is a no -cost change or an additional cost change. Additional cost
changes must be approved in writing by the Customer and the cost will be added to
the Customer's invoice in the next billing cycle. The County will typically implement
the requested change in service within ten (10) Days after receiving an I -Net
Connectivity Change Request Form.
5.5.2 Customer Network Architecture Changes
The Customer Shall provide a minimum of sixty (60) Days' written notification for all
requests for design or architecture changes to the Customer's network using
Attachment B — I -Net Connectivity Change Request Form. The County will review
the request and evaluate for compatibility with I -Net equipment and services. If the
architecture change is complex in nature, the County may request additional time to
perform its review. If an architecture change is made to the Customer's topology
without consultation with the County, the County will have the right to request the
topology revert to the original design, assess new fees based on the new topology,
or the County may terminate service per Attachment F — Termination.
5.5.3 No -Cost Changes
Bandwidth Services (Transport and Internet) include one no -cost Service Change
per Site, per year as part of this Contract price.
6. Reporting
The I -Net Network Operations Center will actively monitor the state of the network (e.g., alarms
and errors, Bandwidth utilization, and availability). Reports on the Customer's service will be
used as part of the annual Contract review.
City of Tukwila 4 of 36 CONTRACT NO. 02COT13
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7. Subcontracting
The County may subcontract for some or all of the services covered by this Contract.
8. Insurance
During the term of the Contract both Parties Shall maintain Commercial General Liability
Insurance with limits of not less than $1 million combined single limit per occurrence, $2 million
aggregate. Such coverage shall include Stop Gap /Employers Liability coverage in the amount of
$ 1,000,000. The above policies Shall cover or be endorsed to cover the other Party, its officers,
officials, employees and agents as an additional insured to include but not be limited to ongoing
operations and products - completed operations. If either Party is a municipal corporation or an
agency of the state of Washington and is self- insured or a member of the Washington Cities
Insurance Corporation for any of the above insurance requirements, a certificate of self- insurance
or a letter of coverage Shall be attached hereto as Attachment J — Evidence of Insurance
Coverage and be incorporated by reference and Shall constitute compliance with this section. By
requiring such minimum insurance, neither Party Shall be deemed or construed to have assessed
the risks that may be applicable to the other Party under this Contract. Each Party Shall assess
its own risks and, if it deems appropriate and /or prudent, maintain greater limits and /or broader
coverage.
9. Indemnification
Each Party Shall protect, defend, indemnify, and save harmless the other Party, its officers,
employees, and agents from and against any and all costs, claims, judgments, and /or awards of
damages, for injuries to persons and /or damage to tangible property, arising out of or in any way
resulting from each Party's own negligent acts or omissions associated with the I -Net services
provided by the Contract to the extent each Party is liable for such acts or omissions. . Each party
agrees that its obligations under this provision extend to any claim, demand, and /or cause of
action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is
specifically and expressly intended to constitute a waiver of each party's immunity under
Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to
the extent necessary to provide the indemnified party with a full and complete indemnity of claims
made by the indemnitor's employees. The parties acknowledge that these provisions were
specifically negotiated and agreed upon by them. In the event the indemnified Party incurs any
costs including attorney fees to enforce the provisions of this paragraph, all such costs and fees
Shall be recoverable from the indemnitor.
9.1 Limitation of Liability
Limitation of Liability and Damages; Exclusion of Damages. Notwithstanding the above
paragraph in Section 9, all liability, claims, loss or damage arising out of Customer's use of
INET or any other goods or services provided under this Contract is at the sole risk of the
Customer and its Users. IN NO EVENT WILL COUNTY BE LIABLE HEREUNDER FOR
ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, LOST PROFITS, LOST SALES OR ANTICIPATED ORDERS, OR DAMAGES
FOR LOSS OF GOODWILL, LOSS of DATA, EVEN IF COUNTY WAS INFORMED OR
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSS. County's sole liability for damages will be limited to direct damages in the amount of
One Hundred Dollars ($100).
9.2 Risk of Loss
Customer and Users Shall be responsible for loss of or damage to all equipment provided to
the Customer under the terms of this Contract however caused.
City of Tukwila 5 of 36 CONTRACT NO. 02COT13
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9.3 Warranty Disclaimer by the County
EXCEPT AS PROVIDED IN ATTACHMENT H — SERVICE LEVELS, INET OR ANY OTHER
GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT IS PROVIDED BY
COUNTY "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
SUPPORT, OR UPDATES OR REPRESENTATIONS WHATSOEVER. CUSTOMER
ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY WARRANTIES OR
REPRESENTATIONS MADE BY THE COUNTY IN ENTERING INTO THIS CONTRACT.
ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED.
STATUTORY, OR OTHERWISE REGARDING THE SERVICES OR GOODS, INCLUDING
WITHOUT LIMITATION THE CONDITION, QUALITY, FUNCTIONALITY, PERFORMANCE
OR FREEDOM FROM ERROR OF THE INET SERVICES OR ANY OTHER GOODS OR
SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING MERCHANTABILITY,
NON - INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE
EXPRESSLY EXCLUDED AND DISCLAIMED. THE COUNTY MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE I -NET SERVICE OR ANY OTHER
GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT WILL BE
UNINTERRUPTED, FREE OF HARMFUL COMPONENTS, OR THAT ANY MATERIALS,
INCLUDING YOUR MATERIALS OR THE THIRD PARTY MATERIALS, WILL BE SECURE
OR NOT OTHERWISE BE LOST OR DAMAGED.
9.4 Customer Warranties
9.4.1 Customer warrants and represents that Customer and Customer's User's
(including any use by employees and personnel of Customer) use of the INET
Service or any other goods or services provided under this Contract will be in
compliance with all applicable laws, rules and regulations.
9.4.2 Customer warrants and represents that (a) it or Customer's licensors own all
right, title, and interest in and to your materials; (b) Customer's materials (including
the use, development, design, production of your materials) or the combination of
Customer's materials with other applications, content or processes, do not and will
not violate any applicable laws or infringe or misappropriate any third -party rights;
and (c) Customer's use of the INET service or any other goods or services provided
under this Contract will not cause harm to any other customers of the County's INET
service or any other goods or services provided under this Contract by the County.
9.5 Survival
The provisions of this section Shall survive the expiration or termination of this Contract with
respect to any event occurring prior to expiration or termination.
10. Contract Change Orders
Either Party may request changes to this Contract. Proposed changes which are mutually agreed
upon Shall be incorporated by written amendment to this Contract. If any Contract Change Order
causes an increase or decrease in the price (fees) for, or the time required for, performance of
any part of the services under this Contract, the Parties Shall agree to an equitable adjustment in
the Contract price, the delivery schedule, or both. The County Shall be responsible for preparing
all County- required documents associated with modifying the Contract to include the agreed upon
Contract Change Order. No written request, oral order, or conduct by the County will constitute a
binding Contract Change Order unless confirmed in writing by the Parties.
11. Force Majeure
The term "force majeure" means: (a) an event that is unforeseeable at the time of Contract
execution, (b) that is not within a Party's reasonable control, and (c) that causes an inability to
perform or comply, in whole or in part, with any obligation or condition of this Contract. Upon giving
prompt notice and full particulars to the other Party, such obligation or condition Shall be suspended
City of Tukwila 6 of 36 CONTRACT NO. 02COT13
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but only for the time and to the extent necessary to restore normal operations. So long as (a) -(c)
are satisfied, a force majeure event may include, without limitation, acts of nature, acts of civil or
military authorities, terrorism, fire, strikes and other industrial, civil or public disturbances, epidemic
and quarantine.
12. Severability
Whenever possible, each provision of this Contract will be interpreted to be effective and valid
under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such
provision or portion thereof Will be modified to the extent necessary to render it legal, valid and
enforceable and have the intent and economic effect as close as possible to the invalid, illegal
and unenforceable provision. If it is not possible to modify the provision to render it legal, valid
and enforceable, then the provision will be severed from the rest of this Contract and ignored.
The invalidity, illegality or unenforceability of any provision will not affect the validity, legality or
enforceability of any other provision of this Contract, which will remain valid and binding.
13. Nondiscrimination
13.1 The Customer must comply with all applicable local, state and federal laws and
regulations prohibiting discrimination, including without limitation, laws and regulations
prohibiting discrimination in the provision of services or employment under this Contract. These
laws include, but are not limited to, Titles VI and VII of the Civil Rights Act of 1964, as amended,
the American with Disabilities Act, and the Resotration Act of 1987, Compliance with Section
504 of the Rehabilitation Act of 1973, as amended (Section 504) and the American with
Disabilites Act of 1990, as amended (ADA), Chapter 49.60 of the Revised Code of Washington,
as amended, and Chapters 12.16 and 12.18 of the King County Code, as amended. If the
Customer engages in unfair employment practices as defined in King County Code Chapter
12.18, as amended, the remedies set forth in that Chapter, as amended, Shall apply.
13. 2 The Customer is specifically prohibited from discriminating or taking any retaliatory
action against a person because of that person's exercise of any right s \he may have under
federal, state, or local law, nor may the Customer require a person to waive such rights as a
condition of receiving service.
13. 3 The Customer is specifically prohibited from denying access or levying different rates
and charges on any individual or group because of the income of the residents of the local area
in which such group resides.
13.4 To the extent the County may enforce such a requirement; the Customer is specifically
prohibited from discriminating in its rates or charges or from granting undue preferences to any
individual or group.
13.5 During the performance of this Contract, neither the Customer nor any party
subcontracting under the authority of this Contract Shall discriminate on the basis of age,
ancestry, creed, color, marital status, national origin, race, religion, sex, sexual orientation, or
presence of any mental, physical or sensory handicap against any employee or applicant for
employment, unless based on a bona fide occupational qualification, or in the administration or
delivery of services or any other benefit under this Contract.
13. 6 During the term of this Contract, the Customer Shall not create barriers to open and
fair opportunities to participate in the use of these services and Shall not discriminate against
any person on the basis of race, color, creed, religion, sex, age, nationality, marital status,
sexual orientation or the presence of any mental or physical disability in an otherwise
qualified disabled person.
13.7 Any violation of the mandatory requirements of the provisions of this section Shall be
a material breach of Contract for which the Customer may be subject to damages and
sanctions provided for by Contract and by applicable law.
City of Tukwila 7 of 36 CONTRACT NO. 02COT13
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14. Termination
This Contract may be terminated only in accordance with the provisions of Attachment F —
Termination.
15. Applicable Law and Forum
This Contract Shall be governed by and construed according to the laws of the State of
Washington. Any suit arising between the Parties Shall be brought in King County Superior Court,
which shall have sole and exclusive jurisdiction and venue.
15.1 Dispute Resolution
15.1.1. Disputes. In the event that a dispute arises between the Parties which
cannot be resolved in the normal course, the following dispute resolution procedures
Shall be followed as a condition precedent to litigation:
15.1.1.1 If a dispute arises, then (i) within ten (10) business days of a written
request by either Party, County's I -Net Business Manager and Customer's Primary
Contact Shall meet and resolve the issue; if these Parties cannot resolve the issue
within ten (10) business days of the meeting, then (ii) the issue Shall be submitted
to each Party's designated information technology manager; if these Parties cannot
resolve the issue within fifteen (15) business days of submission to them, then (iii)
the issue Shall be submitted for resolution to the King County Chief Information
Officer and Customer's Chief Information Officer or equivalent.
15.2 Mediation
If a dispute arises between the Parties that is not resolved through the procedure in Section
15.1, the Parties may, upon mutual agreement, seek to resolve the dispute by mediation or
other agreed form of alternative dispute resolution.
16. Services to Be Provided by I -Net
The specific services applicable to this Contract are listed in Attachment A — Site(s) Covered. The
Parties Shall conduct an annual joint review to determine if the services provided meet the
Customer's needs, and whether modifications or changes in service levels should be made. The
services Shall be selected from the service list contained in Attachment G — Service Offerings.
16.1 Service Types
I -Net services provided by the County include Internet Bandwidth, Transport Bandwidth, and
engineering services. Internet Bandwidth and Transport Bandwidth are provided across I-
Net fiber. Other available I -Net fiber shall not be used by the Customer without written
approval from I -Net management.
16.2 Redundant Front Door (RFD)
I -Net has a Redundant Front Door (RFD) that is the interconnection point between I -Net
customers, the upstream Internet Service Providers and is the peering point for local transit
peering agreements.
16.3 Demarcation Device
The Demarcation Device for each of the Customer Sites subject to this Contract is defined
and listed in Attachment A - Site(s) Covered.
The County Will provide equipment specifications required for connectivity including
equipment that meets the County's requirements. Installing specified equipment helps
ensure ease of maintenance and customer support. Equipment chosen by the Customer
that meets the provided specifications may be acceptable.
City of Tukwila 8 of 36 CONTRACT NO. 02COT13
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16.4 Network Infrastructure Upgrade and Migration
Network Infrastructure Upgrade and Migration refers to projects that provide for the
modification of I -Net network equipment to take advantage of new technologies or
architecture that is not the result of an emergency or standard maintenance
upgrade. Network Infrastructure Upgrade and Migration activities may occur outside of the
regularly scheduled maintenance.
Planned Network Infrastructure Upgrade and Migration notice will be given to the Customer
when such changes affect the Customer. If notification is applicable, the County will notify
the Customer in accordance with Attachment E — Key Persons at least thirty (30) business
days in advance. The County will endeavor to notify the Customer of the: project scope;
new network deployment and architecture; benefits; migration plans; and provide County
contacts that are not already identified in Attachment E — Key Persons, if applicable.
The County may, at its option, set a migration schedule and require Customer migration by a
specified date. The County will work jointly with the Customer to set mutually agreeable
migration dates based on the migration schedule.
17. Service Levels
Service levels and corresponding prices Shall be provided in accordance with Attachment A
Site(s) Covered and Attachment H — Service Levels. Procedures for reporting and handling
problems are also contained in this Attachment H — Service Levels.
18. Services Not Currently Provided by I -Net
The following services are not covered by this Contract:
• Application development or support.
• Customer LAN or desktop support services.
• Technical support for Users not named in Attachment E - Key Persons.
• Other non - transport Customer network design or support on the Customer side of the I-
Net Demarcation Point.
• VoIP services.
• I Pv6.
• Dark fiber.
• I -Net controlled fiber.
19. Service Requirements
The Customer agrees it Will complete the items listed below throughout the Contract at no cost to
the County. Failure to do so Shall be grounds for and may result in the termination of I -Net
service or delay in the County's installation of I -Net services.
19.1 Provide the County with any contact person changes within five (5) Days of the
change. Failure to keep the Contact information current may result in delays in processing
of service requests.
19.2 Provide County with timely access to the Site(s).
City of Tukwila 9 of 36 CONTRACT NO. 02COT13
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19.3 Provide, at no cost to the County, sufficient rack or wall space, and sufficient cooling
to maintain a temperature no greater than 80 degrees Fahrenheit.
19.4 Keep the area around the I -Net equipment dry, clean, and free of obstructions to
facilitate airflow and protect the equipment investment.
19.5 Notify County within 24 hours of any damage or other apparent problems with the
equipment or fibers.
19.6 Keep the I -Net equipment in the place where the County has installed it, and not
move, alter or use the equipment in any way without the written permission of the County.
19.7 Use only port Al on the Demarcation Device provided by I -Net unless I -Net
management has provided written consent to use additional ports on the Demarcation
Device.
19.8 Provide Ethernet cables to the Demarcation Device.
19.9 Process reimbursement with USAC (Spin #143015282).
20. Security
The County requires the installation of physical security measures to protect the fiber connections
and equipment provided by the County as a condition of starting or continuing to receive I -Net
Service and may change those requirements from time to time.
Physical security of the I -Net racks, cabinets and fibers located at the Customer's Site(s) is the
responsibility of the Customer. The Customer Shall ensure that all I -Net equipment is protected
from unintended physical access through the use of locked rooms and /or cabinets. The Customer
is responsible for securing its computer resources attached to the I -Net against all unauthorized
access or use.
King County reserves the right to inspect the physical security measures at the Customer's
Site(s) at any time with two (2) business days' notice to the Customer. Failure to remediate
findings of such an inspection within seven (7) business days from written notice may result in
suspension of I -Net connectivity until compliance is achieved.
21. Nonwaiver of Breach
No action or failure to act by either Party shall constitute a waiver of any right or duty afforded to
the other under this Contract; nor shall any such action or failure to act by either Party constitute
an approval of or acquiescence in any breach, except as may be specifically stated by the
nonbreaching party in writing.
22. No Third Party Agreement
This Contract is not intended, nor shall it be construed to create a contractual relationship of any
kind between any persons or entities other than the County and Customer.
23. Taxes
The Customer shall maintain and be liable for payment of all applicable taxes, fees, licenses
permits and costs as may be required by applicable federal, State or local laws and regulations
as may be required to provide the work under this Contract.
City of Tukwila 10 of 36 CONTRACT NO. 02COT13
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Attachment A_Sites(s) Covered Thru 12/31/2016
All Site and contact data will be maintained by I-Net Operations. Customer Shall report changes
in contact personnel or location data to I-Net management. The Contracted Site Services &
Monthly Fees table below identifies Service Type and Bandwidth (Svc Type & BW), Site ID
(number), Site Name, Site Address, City, Site Contact, CPE Device, Hub, Demarcation Point, and
monthly cost for each Site covered under this Contract. I-Net owns all CPE devices installed at
Customer Sites. See Attachment G — Service Offerings for a description of service offerings.
I-Net fiber is reserved for I-Net use only, to support delivery of I-Net services to the Sites
specified below.
rin Summar
1.
Internet Ba ~ dth (IB)
2.
Transport Bandwidth (TB)
3.
Support Services - Platinum, Gold, Silver
Bronze
4.
T1 Connection (Tl)
5.
Additional Internet Bandwidth (AIB)
6.
Additional Tr nsport Bandwidth (ATB)
7.
Additional |PV4 Addresses (\|P)
8.
Professional Services:
Network Engineering Service (NES)
Solution Architecture (SA)
Project Management Service (PMS)
Support Surcharge (SS)
9.
Data Center Services (See Attachment 0)
Contracted
Svc
Type &
BW
/o100
Site ID
2033
Site Services
Site Name
City of Tukwila
& inonkm .tees
Site Addres
6200 Southcenter Blvd.
City
Tukwila
Site
Contact
Mary Miotke
e06-433-7150
CPE
Device
/2ci-
tukwila
Hub
Sea Tac
Demarcation
Point
Computer
Room
Monthly
Fee
s930.00
Gold
Support
2033
City of Tukwila
6200 Southcenter Blvd.
Tukwila
mouu``
mp
2033
City of Tukwila
6200 Southcenter Blvd.
Tukwila
$64o0
CL2W
2033
City of Tukwila
6200 Southcenter Blvd.
Tukwila
m999.00
Smart-
hands
2033
City of Tukwila
6200 Southcenter Blvd.
Tukwila
$1»0
TB 1G
2033
City of Tukwila
6200 Southcenter Blvd.
Tukwila
moon ^~
—omnumxxoreurate
*— TB 10
conduit for
TOTAL Monthly p000:m1.99w.00
service will be provided in exchange for Customer allowing County use of Customer-owned
I-Net purposes. The final apreement will be attached once complete.
Installation Costs .\—tmbm included on November 2013 invoice
*Provision Fees
Additional Site Provisioning Cost(s
Site Visit Re.uired
AdditiomalSemimm — NoSiteVisitRe^uirod
Total Non-Recurring Costs
Per Site
Per Site
$ 150 ier hour
Contract No.
$995.00
$995
^ Provision Fees include $59S for AOVA-2068 Switch (1Gig) and $400 for Provisioning
Services.
City of Tukwila
11 of3G CONTRACT NO. O2COT13
Attachment B — I-Net Connectivity Change Request Form
Service Change and Architecture Change Requests must be approved by the Customer's
Primary or Technical Contact and will be implemented per the terms of the Customer's
Contract with I-Net.
Date
Requestor Contact Information
Requestor Name
Requestor E-Mail
Requestor Phone
Organization (Customer) Information
Organization Name
Primary Contact E-Mail
Technical Contact E-Mail
Duration of Change
Cl] Permanent
CI Temporary - Ending Date
Description (identify services to be changed)
Sites (
..
Type
Site ID
_
Site Name
Address
Select
Select
Select
Select
For County use only:
Ticket # LID I MCM
Assigned Engineer
0 Billable 0 No-Cost Change Request
City of Tukwila
28
12 of 36 CONTRACT NO. 02COT13
Attachment C - Acceptable Use Policy
❖ IMPORTANT: The County's franchise agreement and I -Net lease agreement with
Comcast, as amended or renewed, and franchise agreement with WAVE prohibit
the County from building or running a cable television network or any commercial
for - profit endeavor over the fiber optic cable. Customer acknowledges and agrees
that the restrictions in the franchise agreement and lease agreement flow down
and apply to the Customer.
This Acceptable Use Policy ( "Policy ") sets forth applicable requirements for the responsible use of
the I -Net.
In General.
I -Net must be used solely for lawful and intended purposes. No one Shall use or aid anyone else
in using the I -Net to transmit, distribute or store material: (1) in violation of any applicable law or
regulation, including export or encryption laws or regulations, or this Policy; or (2) that may
expose the County to criminal or civil liability. Customers and Users are further prohibited from
assisting any other person in violating any part of this Policy. Any Customer or User the County
determines has violated any part of this Policy may be subject to a temporary or permanent
suspension of service, including, if the County deems it necessary, immediate suspension or
termination of such Customer's or User's service without notice. The County may temporarily
suspend the Customer or User without notice if the County deems such action is required for the
County to comply with its franchise, lease or applicable laws. The County may take such further
action as it deems appropriate under the circumstances to eliminate or preclude repeat violations.
The Customer will protect, defend and indemnify the County from any liability whatsoever arising
out of any violation of the acceptable use of the I -Net and the County Shall not be liable for any
damages of any nature suffered by any Customer, User, or any third party.
Responsibility for Content.
The County takes no responsibility for any material created or accessible on or through the I -Net.
No User or Customer should hold an expectation of privacy with respect to any matter transmitted
over or by the I -Net. By entering into this Contract with King County, Customer acknowledges
and accepts the absence of privacy in transmitting or using the I -Net. The County may monitor
the I -Net traffic for maintenance or repair or to determine usage of the I -Net. The County does not
plan to exercise any editorial control over material transmitted over or by the I -Net, but reserves
the right to do so consistent with applicable laws. If the County becomes aware that any material
may violate this Policy, the County reserves the right to block access to such material and to
suspend or terminate any User or Customer creating, storing or disseminating such material. The
County further reserves the right to cooperate with cable system representatives, legal authorities
and third parties in the investigation of alleged wrongdoing, including disclosing the identity of any
User or Customer.
Impermissible Content.
Customers and Users Shall not use I -Net to transmit or distribute material not permitted under the
County's franchise contracts, permits, or other contracts with or grants to cable television or
communications companies. Customers and Users Shall not use I -Net to transmit or distribute
unlawful material or information containing fraudulent material, or to make any offer containing
unlawful, false, deceptive, or misleading statements, claims, or representations. In addition,
Customers and Users are prohibited from submitting any unlawful, false or inaccurate information
regarding I -Net's use to the County or any other Person.
Customers and Users Shall not use I -Net to transmit, distribute or store material that is unlawful,
including but not limited to, material that is indecent, obscene, pornographic defamatory, libelous,
or not Constitutionally protected. The Parties agree that law enforcement may intentionally
receive and store information or materials that may be indecent, obscene, pornographic,
defamatory or libelous. Such use by law enforcement as part of its law enforcement activities
City of Tukwila 13 of 36 CONTRACT NO. 02COT13
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Shall not be considered a violation of this Policy. Customers and Users Shall not use material in
any unlawful manner that would infringe, violate, dilute or misappropriate any person's protection
under privacy, publicity, or other personal rights or intellectual property rights, including but not
limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary
information. The use of a domain name in connection with any of the I -Net services Shall not
violate the trademark, service mark, or similar rights of any third party.
Customers and Users Shall not Use I -Net to transmit, distribute or store material that contains a
virus, worm, Trojan horse, or other component harmful to the I -Net, to any other network or
equipment, or to other Customers or Users.
Third Party Rules; Usenet.
Customers and Users may have access through I -Net to search engines, subscription Web
services, chat areas, bulletin boards, Web pages, Usenet, or other services that promulgate rules,
guidelines or contracts to govern their use. Users must adhere to any such rules, guidelines, or
contracts. Users who post messages to Usenet news groups are responsible for becoming
familiar with any written charter or FAQ governing use of such news groups and complying
therewith.
System and Network Security.
Customers and Users Shall not use I -Net to violate or attempt to violate the security of any
person or network, including, without limitation, (a) accessing data not intended for such
Customer or User or logging into a server or account which such Customer or User is not
authorized to access, (b) impersonating County personnel, (c) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or authentication measures without
proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host
or network, including, without limitation, via means of overloading, "flooding ", "mailbombing ",
"denial of service" attacks or "crashing ", (e) forging any TCP /IP packet header or any part of the
header information in any e-mail or news group posting, (f) taking any action in order to obtain
services to which such User is not entitled, or (g) attempting to utilize another Customer's or
User's account name or persona without that person's authorization. Customers and Users are
also prohibited from attempting any action designed to circumvent or alter any method of
measuring or billing for I -Net services. Security violations may result in civil or criminal liability.
The County will investigate occurrences which may include such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting Customers and Users who are
involved in such violations.
Modification.
The County reserves the right to modify this Policy in its discretion at any time. Such
modifications will be effective when the Customer receives notice from the County.
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Attachment D - Definitions
Acceptable Use Policy or AUP
The rules for use of the I -Net set forth in Attachment C — Acceptable Use Policy.
Availability
The ability of the user network equipment to connect to I -Net Demarcation Devices for the
purpose of receiving or transmitting data, voice and video. If the user network equipment cannot
access the I -Net Demarcation Devices, it is said to be unavailable.
Bandwidth
The amount of digital data that can be carried or is moved from one place to another in a given
time.
Bps or Bits per second
A unit of information used, for example, to quantify computer memory or storage capacity.
CIR
Committed Information Rate for the management tunnel. Minimum setting is 0 bps; maximum
setting is network port Bandwidth.
Circuit
A methodology of implementing a telecommunication network in which two network nodes
establish a dedicated communications channel (circuit) through the network before the nodes
may communicate.
Customer or Customer Agency
A municipality, school district, college or other governmental or non - profit agency that is a
participant in the King County Institutional Network. See Attachment A - Site(s) Covered for the
specific Site locations included in this Contract.
Customer Premise Equipment or CPE
The Demarcation Device at the Customer's site with ports for connecting Customer fiber.
Dark Fiber
An optical fiber strand not coupled to an optical light source.
Date of Activation
The date when I -Net services are available for Customer use.
Day
Calendar day unless otherwise specified.
Demarcation Device
The network interface equipment that serves as the Demarcation Point between I -Net and the
Customer's premises wiring or equipment.
Demarcation Point
The point of interconnection between the County's I -Net fibers, cables, or Hardware and the
Customer's fibers, cables, or Hardware.
Dense Wavelength Division Multiplexing or DWDM
Technology that puts data from different sources together on an optical fiber, with each signal
carried at the same time on its own separate light wavelength.
Domain Name Services or DNS
Services which convert domain names into IPV4 addresses.
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Downtime
Refers to periods when the I -Net network is unavailable.
EIR
Excess Information Rate for the management tunnel. Minimum setting is 0 bps; maximum is
Network Port bandwidth.
Fee Basis
A service is provided on a Fee Basis if there is a charge, whether in money, in -kind service, or
otherwise, to those using the service or application.
Fiber Optic Cable
A cable installed by I -Net or for I -Net that is composed of strands of glass fiber, each strand which
is designed to conduct signals of modulated light (optical signals) from one end to the other.
Fiber Strand or Strand of Fiber
A thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects
light throughout its length by internal reflections.
Gbps or Gigabit per second
One billion bits per second. A unit of information used, for example, to quantify computer
memory or storage capacity.
Hardware
The actual physical computing machinery, including the hardware, software, and firmware. An
integrated access device is an example of Hardware.
Holiday
The following ten (10) days are designated as official County holidays: January 1 (New Year's
Day), third Monday in January (Martin Luther King Jr. Day), third Monday in February (President's
Day), last Monday in May (Memorial Day), July 4 (Independence Day), first Monday in September
(Labor Day), November 11 (Veteran's Day), Thanksgiving and the day after, December 25
(Christmas Day). For holidays falling on a Saturday, the holiday will be observed the Friday
before. For holidays falling on a Sunday, the holiday will be observed the Monday after.
Hub
A physical location, outside of Customer premises, where I -Net network equipment is installed.
Normally used for the core network or interconnection purposes.
Intergovernmental Network or IGN
Provides connectivity among state agencies, counties, and local government entities.
I -Net
The King County Institutional Network, a fiber optic -based transport network shared by municipal,
county, school, library and other governmental, educational and non - profit agencies for the
purpose of supporting voice, video and data communication among the participants and with the
Internet.
Internet
A global system of interconnected computer networks that use the standard Internet protocol
suite (TCP /IP) to serve billions of users worldwide. It is a network of networks that consists of
millions of private, public, academic, business, and government networks, of local to global
scope, that are linked by a broad array of electronic, wireless and optical networking technologies
Internet Service Provider or ISP
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An organization that provides access to the Internet. Access ISPs directly connect clients to the
Internet using copper wires, wireless or fiber -optic connections.
IPV4
Internet Protocol version 4 (IPv4) is the fourth version in the development of the Internet Protocol
(IP) and the first version of the protocol to be widely deployed. Together with IPv6, it is at the core
of standards -based internetworking methods of the Internet. IPv4 is still used to route most traffic
across the Internet.
IPV6
Internet Protocol version 6 (IPv6) is the latest revision of the Internet Protocol (IP), the
communications protocol that routes traffic across the Internet. It is intended to replace IPv4,
which still carries the vast majority of Internet traffic.
Kbps or Kilobit per second
One thousand bits per second. A unit of information used, for example, to quantify computer
memory or storage capacity.
King County
King County, Washington. A political subdivision of the State of Washington.
King County Information Technology or KCIT
A department within the Executive branch of King County government.
Local Area Network or LAN
A network designed to move data between stations within a campus.
Mbps or Megabit per second
One million bits per second. A unit of information used, for example, to quantify computer memory
or storage capacity.
Metro Optical Ethernet or MOE
A highly scalable, high capacity, Ethernet network operating a combination of traditional Layer 2
and /or Layer 3 switches interconnected through optical fiber. The latest platforms provide
extensive capacity improvements in fiber asset usage allowing newer advanced services to be
deployed over existing fiber infrastructures providing extensive value to fiber owners and their
customers.
Multimode Fiber Optic Cable or MMF
Fiber optic cable in which the signal or light propagates in multiple modes or paths. Since these
paths may have varying lengths, a transmitted pulse of light may be received at different times
and smeared to the point that pulses may interfere with surrounding pulses. This may cause the
signal to be difficult or impossible to receive. This pulse dispersion sometimes limits the distance
over which a MMF link can operate.
Month
The period commencing on the first calendar day of a calendar month and ending on and including
the last day of that calendar month.
Network Design
A computer network diagram is a schematic depicting the nodes and connections among nodes
in a computer network or, more generally, any telecommunications network.
Network Latency
The time measured for data to transmit across the I -Net network. Network Latency is measured
round -trip: the one -way latency from source to destination plus the one -way latency from the
destination back to the source. Ping is used to measure round -trip latency.
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Network Management System or NMS
A system of Hardware and Software that is used to monitor, control and manage the County's I-
Net network. A NMS may manage one or more other Network Management Systems.
Network Topology
The arrangement of the various elements (links, nodes, etc.) of a computer or biological network.
Essentially, it is the topological structure of a network, and may be depicted physically or logically.
Network Operations Center or NOC
The logistical grouping of King County resources providing first tier monitoring and response to I-
Net Customer requests.
NNI
ADVA's network interface for connection to service provider network equipment.
Peering
A voluntary interconnection of administratively separate Internet networks for the purpose of
exchanging traffic between the customers of each network.
Provider
King County Institutional Network (I -Net), as managed and operated by King County I -Net
Operations.
Quality of Service or QoS
Defined on an end -to -end basis in terms of the following attributes of the end -to -end connection:
Cell Loss Ratio
Cell Transfer Delay
Cell Delay Variation
Rate Card
The list of prices for I -Net services set forth in Attachment K, as may be amended.
Redundant Front Door or RFD
A network exchange facility that is highly redundant, where the I -Net customers connect to the I-
Net infrastructure in order to get to the Internet and inter - government networks.
Router
A physical device that is capable of forwarding packets based on network layer information and
that also participates in running one or more network layer routing protocols.
Shall or Will
Whenever used to stipulate anything, Shall or Will means that the action or inaction is mandatory by
either the Customer or the County, as applicable, and means that the Customer or the County, as
applicable, has thereby entered into a covenant with the other Party to do or perform the same.
Single Mode Fiber
Fiber optic cable in which the signal or light propagates in a single mode or path. Since all light
follows the same path or travels the same distance, a transmitted pulse is not dispersed and does
not interfere with adjacent pulses. SM fibers can support longer distances and are limited mainly
by the amount of attenuation. Refer to MMF.
Site
A single building or location. Each Site is counted as a unit for purposes of the Customer's Use
Charge.
SIX
The Seattle Internet Exchange (SIX) is an Internet Exchange Point situated in the Westin Building
in Seattle, WA. The SIX is a fast growing, neutral and independent peering point which was
created as a free exchange point sponsored only by donations. It continues to run without any re-
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occurring charges to the participants and current major funding comes from one -time 10 Gbps
port fees. The SIX is a 501(c)(6) tax - exempt non - profit corporation.
Start of Authority or SOA
Designated source point for a DNS Domain.
State Governmental Network or SGN
The state of Washingon's enterprise network that provides connectivity between participating
agencies to support their mission and objectives.
Software
All or any portion of the binary computer programs and enhancements thereto, including source
code, localized versions of the binary computer programs and enhancements thereto, including
source code and documentation residing on County -owned Hardware. Software is the list of
instructions to operate the Hardware.
Switched Virtual Circuit or SVC
A connection established via signaling. The User defines the endpoints when the call is initiated.
System Availability
The time a network Circuit is available to carry User data over the I -Net network.
T -1
A dedicated phone connection supporting data rates of 1.544 Mbps. A T -1 line actually consists
of 24 individual or DSO's, each of which supports 64 Kbits per second. Each 64 Kbps channel can
be configured to carry voice or data traffic. Most telephone companies allow you to buy just some
of these individual channels, known as fractional T -1 access. T -1 lines are sometimes referred to
as DS1 lines.
Testing
The process of confirming that the configuration, equipment and fiber provides the services to the
Customer's site as described in this Contract.
Transport
In computer networking, the transport layer of layer 4 provides end -to -end communication
services for applications within a layered architecture of network components and protocols.
Use Charge
The amount the Customer owes for receipt of I -Net services. A Use Charge may include both
Monthly and non - Monthly costs.
User
An employee, client, vendor, or other person accessing the network or using I -Net services at a
facility controlled by a Customer.
User - Network Interface or UNI
ADVA's user network interface for connecting customer network equipment.
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Attachment E - Key Persons
The Customer's Primary Contact and the Technical Contact listed below Shall have authority on
behalf of the Customer to request and approve all of its network connections to other I -Net
agencies or external agencies and to add, delete or modify services and Sites, including both cost
and no -cost changes. The Primary and Technical Contacts are lead on all technology and
troubleshooting issues regarding I -Net services.
All change requests must be submitted using Appendix B - I -Net Connectivity Change Request
Form by either the Primary Contact or the Technical Contact. No changes will be made to the
Customer's service configuration without approval from the Primary Contact or the Technical
Contact and King County. URL to Change Request Form: http://www.kinqcounty.gov/inet
The Customer's Finance Contact Shall be the primary contact for all invoicing and billing issues.
The Customer's Contracts Contact Shall be the primary contact for all contractual issues and
contract changes /amendments.
The Customer's Site Access Contact Shall provide physical access for the County to the I -Net
equipment at an individual Site. The contact is listed in Attachment A - Site(s) Covered.
The Customer Shall provide updated information to the County I -Net Management contact via
email within five (5) business days should this contact information change. Contact information
updates do not require an amendment via change order.
KING COUNTY
CITY OF TUKWILA
I -Net Management Contact:
Darryl Hunt, I -Net Business Manager
401 5th Avenue, Seattle, WA 98104, 7th Fl
Phone: 206 - 263 -7890
E -mail: darryl.hunt @kingcounty.gov
Primary Contact:
Mary Miotke, IT Director
6200 Southcenter Blvd., Tukwila, WA 98188
Phone: 206 -433 -7150
E -mail: marv.miotkeatukwilawa.gov
I -Net Technical Contact:
Ed McPherson, I -Net Architect
401 5th Avenue, Seattle, WA 98104, 7th Fl
Phone: (206) 263 -7938
Email: ed.McPhersonAkingcounty.gov
Technical Contact:
Bao Trinh, Systems Administrator
Phone: 206 -433 -7150
E -mail: bao.trinh @tukwilawa.gov
Invoicing /Payments:
Ashley Byrd, Project Program Mgr
401 5th Avenue, Seattle, WA 98104, 6th Fl
Phone: 206 - 263 -7894
E -mail: ashlev.bvrd @kingcounty.gov
Finance Contact:
Peggy McCarthy, Finance Director
6200 Southcenter Blvd., Tukwila, WA 98188
Phone: 206 -433 -1800
E -mail: peggy.mccarthy(a)tukwilawa.gov
Contracts /Amendments:
Marilyn Pritchard, Sr. IT Contracts Specialist
401 5th Avenue, Seattle, WA 98104, 6th Fl
Phone: 206 - 263 -7961
E -mail: marilvn.pritchardc kingcountv.gov
Contracts Contact:
Mary Miotke, IT Director
6200 Southcenter Blvd., Tukwila, WA 98188
Phone: 206 -433 -7150
E -mail: mary.miotke(a)tukwilawa.gov
Data Center Manager:
3355 S. 120th Place, Tukwila, WA 98168
Phone: 206 - 263 -8058
Help Desk
Phone: 206 -433 -7150
E -mail: helpdesk @tukwilawa.gov
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Attachment F - Termination
1. Termination for Convenience. This Contract may be terminated by either Party without
cause, in whole or in part, upon providing the other Party one hundred eighty (180) Days'
advance written notice of the termination.
If the Contract is terminated pursuant to this paragraph 1: (a) the Customer Will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective
date of termination; and (b) the County Shall be released from any obligation to provide further
services pursuant to the Contract.
2. Termination for Default. Either Party may terminate this Contract if the other party
materially fails to perform in the manner stated in the Contract, or fails to comply with any material
provision of the Contract. Termination shall be effected as follows: (1) A "notice to cure"
identifying the act(s) of default shall be delivered to the breaching Party by certified or registered
first class mail. The breaching Party shall have ten (10) Days from the date of receipt to cure the
default or, at the non - breaching Party's discretion, provide the non - breaching Party with a
detailed written plan for review and acceptance that indicates the schedule and proposed plan to
cure the default. (2) If the breaching Party has not cured the default or the plan to cure the
default is not acceptable to the non - breaching Party, or the breaching Party fails to perform an
accepted plan to cure, the non - breaching Party may terminate the Contract by delivering a "notice
of termination" by certified or registered first class mail identifying the effective date of
termination.
The non - breaching Party shall have all rights and remedies available at law and equity. In
addition, if the termination results from acts or omissions of the Customer, including but not
limited to, damage to fiber optic lines or to County -owned equipment or the failure to pay amounts
due, the Customer Shall return to the County immediately any County -owned equipment and pay
all amounts due to the County, including replacement costs, such as, any costs for fiber and
equipment damaged as a result of the breach.
3. Termination for Nonappropriation. (1) If expected or actual funding is withdrawn,
reduced or limited in any way prior to the end date of this Contract or in any Contract amendment
hereto, the County may, upon written notice to the Customer, terminate this Contract in whole or
in part.
If the Contract is terminated pursuant to this paragraph 3, (a) the Customer Will be liable only for
payment in accordance with the terms of this Contract for services rendered by the County prior
to the effective date of termination; and (b) the County Shall be released from any obligation to
provide further services covered by the termination.
(2) Notwithstanding any provision to the contrary, funding under this Contract beyond the current
appropriation year is conditional upon the appropriation by the County Council of sufficient funds
to support the services described in this Contract. Should such appropriation not be approved,
the Contract shall terminate at the close of the current appropriation year.
4. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or law that either Party may have in the event that the obligations, terms and conditions
set forth in this Contract are breached by the other Party.
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Attachment G - Service Offerings Thru 12/31/2016
The following is a list of current service offerings and their definitions. Consult Attachment K - I-
Net Rate Card for pricing.
Basic Services
1. Internet Bandwidth (IB):
The Internet Bandwidth service provides a base Bandwidth of 40Mbps. Additional Bandwidth of
up to 1Gbps can be purchased in increments of 10Mbps for an additional monthly fee. Bandwidth
rate limits are applied.
2. Transport Bandwidth (TB):
Transport Bandwidth is a point -to -point connection between two facilities and is subject to service
availability. It provides service at a base Bandwidth of 100Mbps. Additional Bandwidth up to
10Gbps can be purchased in increments of 100Mbps or 1Gbps increments for an additional
monthly fee.
3. Support Services
In addition to the basic service above, the Customer Shall select a support package (Platinum,
Gold, Silver or Bronze). Each package provides a different level of service and a separate rate,
as described below:
Support Svcs
Platinum
Gold
Silver
Bronze
IPV4 Addresses
32
16
8
2
EVC (1 additional)
Included
Optional
Optional
n/a
IGN Connection
Included
Included
Included
n/a
QoS* (4 CoS)
included
included
best effort
best effort
Technical Support
24X7, 365
24X7, 365
24X7, 365
8X5
Maintenance
Included
Included
Included
Included
DNS Mgmt
Included
Included
Included
Included
Descriptions
• EVC:
An Ethernet Virtual Connection (EVC) is defined by the Metro - Ethernet Forum
(MEF) as an association between two or more user network interfaces that
identifies a point -to -point or multipoint -to- multipoint path within the service
provider network. An EVC is a conceptual service pipe within the service provider
network. One EVC comes standard with Basic Service.
• IGN Connection:
The Inter - Governmental Network (IGN) is the common data network used to
connect to state agencies, counties, and cities with known end points, managed
gateways, and applications. The existing IGN is maintained by King County
Network Services and is connected to the Washington State Department of
Information Systems (DIS) state -wide IGN. I -Net provides network transport to
gain access to this network. Municipalities, public health agencies, and law
enforcement agencies are able to access applications and share data with other
state and local government agencies within the I -Net network. Customers
connecting to the IGN must adhere to security guidelines published by
Washington State Consolidated Technology Services (CTS) that pertain to this
network. This IGN service is bundled with the I -Net ISP service.
• QoS:
Quality of Service (QoS) is the ability to provide different levels of priority to
different applications, users, or data flows, or to guarantee a certain level of
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performance to a data flow.
• Technical Support - 8X5:
Support is provided Monday through Friday during regular, daytime hours of 8
a.m. to 5 p.m., except on County Holidays. The targeted initial response time will
be thirty (30) minutes. Problem resolution begins no more than two (2) hours
after the initial report. Work on problems will continue within these daytime
hours, as needed. If work is required outside of daytime hours, work Shall be
escalated by the Customer and with approval of I -Net management.
• Technical Support - 24X7, 365:
Support is provided 24 hours a day, 7 days a week, every day of the year. The
targeted initial response time will be thirty (30) minutes. Problem resolution
begins no more than two (2) hours after the initial report. Problem resolution
work will continue until resolved.
• DNS Registration and Hosting:
I -Net provides domain registration services to its customers. Only the designated
registrar may modify or delete information about domain names in a central
registry database. Registration of a domain name establishes a set of Start of
Authority (SOA) records in the DNS servers of the parent domain, indicating the
IPV4 address (or domain name) of DNS servers that are authoritative for the
domain.
Additional Services
4. T1 Connection (T1):
A dedicated connection supporting legacy data and voice applications at a fixed rate of 1.544
Mbps. This service is usually for multiple -site agencies that have legacy T1 line ports between
their facilities used to serve voice applications such as PBXs. T1 line ports can also be provided
that connect between two participating agencies. Fractional T1 service is also available where
individual channels may be directed to different sites. The interface is an RJ-48X connector from
the I -Net edge equipment.
5. Additional Internet Bandwidth (AIB):
I -Net offers additional Internet bandwidth upon the Customer's request and County approval.
Additional bandwidth of up to 1Gbps can be purchased in increments of 10 or 100Mbps for an
additional monthly fee.
6. Additional Transport Bandwidth (ATB):
I -Net offers additional Transport Bandwidth upon Customer request and County approval.
Additional bandwidth of up to 10Gbps can be purchased in increments of 100Mbps for an
additional monthly fee.
7. Additional IPV4 Addresses Option (AIP):
Customers have the option of purchasing additional blocks of non - portable IP addresses from
King County's Class B address space 146.129.x.x. The blocks come in quantities of 16. The
County cannot guarantee contiguous IPV4 addresses when additional addresses are purchased,
unless agreed to in writing by the County.
8. Professional Services
Professional Services is meant to be a range of specialized services oriented toward helping
Customers make the best use of the I -Net. The scope, duration and rates will vary as well as the
skill sets of professionals involved. Here are some examples:
a) Network Engineering Service (NES):
This is work developing specialized network solutions to fit the Customer's needs related
to I -Net services. Rates will vary depending upon the duration of the work, and may be
invoiced on an hourly or per job basis. The typical rate for in -house staff is $80 /hr.
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Outside resources will normally demand a higher rate, up to $150 /hr or more. This
service is subject to staff availability.
b) Solution Architecture (SA):
This architecture work is to aid in adapting and scaling applications to operate optimally
in an I -Net enabled network environment. The hourly consultation shall be at a rate that
reasonably captures the County's cost. This may entail using in -house staff.
c) Project Management Service (PMS):
This service will provide overall management of work needed prior to installation of I -Net
services. This service has traditionally focused on managing construction tasks
necessary to deliver fiber optic media. Other related project management tasks may be
considered. Charges for the service will be a fixed percentage of the estimated total
project cost.
d) Support Surcharge (SS):
This is a fee charged when a trouble call results in the dispatch of support staff to a
Customer site and the cause of trouble is found to be the responsibility of the Customer.
The Customer Shall be charged at the rate specified in Attachment A — Sites Covered, no
less than one (1) hour minimum.
Engineers will work with the Customer's Technical Contact to design the service and provisioning
for the Customer's Site(s). Typically, the device installed at a Site will be a CPE providing one or
more 100/1000 Mbps Ethernet connections. All installed equipment remains the sole property of
the I -Net.
I -Net provides initial configuration and installation of its equipment and service, including
customization of services. All I -Net installed equipment whether at a Customer's Site or not,
remains, the sole property of the I -Net.
I -Net will only provide transport from subu
application incidents and issues,
ban cities to KC /IGN and will not be involved with
If a network engineer is dispatched to solve an incident
of the Customer, a service call charge will be invoiced.
and the incident is determined to be tha
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Applicable Terms and Conditions for Services described herein in
Attachment G
I. Service Interruption
The County may suspend Customer's use of the services offered under this Attachment
G of the Contract if the County determines that Customer or its Users use of the services
(i) violates any applicable law; (Ii) poses a security risk to the services offered under this
Contract; (iii) may harm the services offered under this Contract or materials of any other
Customer; or (iv) may subject the County to liability as a result of any of the foregoing.
We will provide notice of any suspension as soon as practicable to Customer.
To the extent practicable, the County will (i) suspend Customer's right to access or use
only those instances, data, or portions of the services that caused the suspension, and
(ii) limit the suspension to those accounts that caused the suspension. If feasible,
access to the services will be restored once the conditions or circumstances giving rise
to the suspension have been removed or corrected.
II. Other Security and Backup
Customer shall be solely responsible for properly configuring and using the services and
taking steps to maintain appropriate security, protection and backup of its materials,
including using encryption technology to protect the materials from unauthorized access
and routinely archiving its materials.
III. Customer's Materials
Customer is solely responsible for the development, content, operation, maintenance,
and use of its materials with the services. For example, Customer is solely responsible
for:
a) the technical operation of its materials, including ensuring that calls it makes to
any service are compatible with then - current application program interfaces for
that service;
b) any claims relating to Customer's materials;
c) properly handling and processing notices sent to Customer (or any of Customer's
affiliates) by any person claiming that Customer's materials violate such person's
rights, including notices pursuant to the Digital Millennium Copyright Act;
d) any action that Customer permits, assists or facilitates any person or entity to
take related to this Contract, Customer's materials, or use of the services; and
e) Users' use of Customer's materials and the services and ensuring that Users
comply with Customer's obligations under this Contract and that the terms of
Customer's agreement with each User are consistent with this Contract.
City of Tukwila 25 of 36 CONTRACT NO. 02COT13
41
IV. Customer Indemnification
Customer agrees to defend, indemnify and hold harmless the County, its officials,
employees, agents and assigns, from and against any and all third party claims,
damages, liabilities, losses, judgments, costs, and attorneys' fees arising directly or
indirectly out of, or relating to Customer and User's use of the services provided under
this Contract. Customer agrees that its obligations under this provision extend to any
claim, demand, and /or cause of action brought by or on behalf of any of its employees,
or agents. The foregoing indemnity is specifically and, expressly intended to constitute a
waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title
51, as respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the indemnitor's
employees. The parties acknowledge that these provisions were specifically negotiated
and agreed upon by them. Customer will have the right, in its absolute discretion and at
its sole cost, to employ attorneys of its own choice and to institute or defend any claim
for which County has a right to be indemnified. Customer agrees to require its Users to
indemnify, defend and hold harmless the County, its officials, employees, agents and
assigns from and against any claim arising from User's use of data center services, or
services provided under this Attachment of the Contract.
City of Tukwila 26 of 36 CONTRACT NO. 02COT13
42
Attachment H —Service Levels
1. Network Latency
The end -to -end Network Latency will not be greater than an average of nine (9) milliseconds.
2. System Availability
A. I -Net's service delivery metrics are:
1. Internet Bandwidth Service: Availability of 99.9% annually on all services excluding
planned maintenance windows and upgrades.
2. Transport Bandwidth Service: Availability of 99.9% annually on all services excluding
planned maintenance windows and upgrades.
B. QoS services provide the additional metrics of: (measured using the Etherjack services):
1. One way latency within I -Net MOE platform no more than 150 milliseconds.
2. Average one way jitter less than 30 milliseconds.
C. I -Net will monitor compliance with the system availability metrics in paragraphs 2. A and
B for the services provided to the Customer. A "Metric Compliance Report" will be
available on the Customer's SharePoint site on a monthly basis. If I -Net is unable to
achieve the performance specified in paragraphs A and or B, then at the Customer's
request I -Net will provide a discount based on the parameters below:
1. System Availability nonperformance between 4 -8 business hours —if requested
by the Customer, I -Net will discount Customer's monthly fee for that month by one
percent (1%), and will be reflected on the next monthly invoice. However, at no time
shall the total of all fee discounts provided Customer exceed ten percent (10 %) of
the Customers monthly service fee over the twelve month calendar period. As an
illustration, if the Customers monthly fee is $1,000, the maximum discount that will be
provided over the calendar year would be $100.
2. System Availability nonperformance (greater than 8 business hours) -- if
requested by the Customer, I -Net will discount Customer's monthly fee for that
month by two percent (2 %), and will be reflected on the next monthly invoice.
However, at no time shall the total of all fee discounts provided Customer exceed ten
percent (20 %) of the Customers monthly service fee over the twelve month calendar
period. As an illustration, if the Customers monthly fee is $1,000, the maximum
discount that will be provided over the calendar year would be $200.
3. Reliability
The I -Net network core is a diverse path, failover network. Recovery due to a network break or
equipment failure in the primary ring should not be greater than three (3) seconds under worst
case conditions, with detection and rerouting typically occurring in approximately one (1) second.
4. Maintenance Window and Planned Network Outages
Regularly scheduled maintenance includes, but is not limited to upgrades, other than Planned
Network Infrastructure Upgrades and Migrations Paragraph 16.4, and non - emergency repairs.
Scheduled maintenance procedures may be performed on Sunday mornings between 6 a.m. and
9 a.m. Emergency work may be performed at any time necessary to maintain the operation of I-
Net services.
Notice will be given to the Customer of planned network outages when such an outage will affect
the Customer. An I -Net Outage Notification list, comprised of the Customer's designated contact,
City of Tukwila 27 of 36 CONTRACT NO. 02COT13
43
will be maintained for this purpose. The County will notify the Customer of scheduled outages at
least two (2) business days in advance. The County will endeavor to notify the Customer of
emergency outages as soon as possible.
5. Problem Reporting and Escalation Procedure
Users Will initially report problems to their agency's information technology (IT) organizations per
their existing internal policies.
A. The Customer's IT personnel shall troubleshoot the problem to eliminate application, user
platform, or other potential problem sources within its internal network.
B. If the Customer then believes it is an I -Net problem, the Customer's designated Technical
Contact(s) shall contact the I -Net Network Operations Center.
C. A service ticket will be created based on the trouble call, and the I -Net troubleshooting
process and time clock will begin.
D. I -Net Operations will provide a Problem Reporting and Escalation Procedure to the
Customer and provide the Customer with progress and status information on the service
ticket. The Customer should receive an initial callback regarding the status of the
problem within thirty (30) minutes of the initial report.
6. Problem Escalation
I -Net Operations will attempt to begin resolution of most problems within two (2) hours of the
problem report initially being logged and a service ticket being generated. I -Net Operations will
notify the Customer regarding the status of the reported problem and the estimated time to repair
completion. The estimated time to repair will depend on the determination of whether or not the
issue is outside the control of the County, such as a fiber or power outage, or within the control of
the County.
A. If, after two (2) additional hours, the problem has not been resolved (within the
parameters of the support window and problem severity), the Customer may contact the
I -Net Business Manager to escalate the problem priority. At this point, the I -Net Business
Manager will assess the internal or external situation, escalate the service ticket's priority
as necessary, and provide a best estimate of time to repair completion.
B. If an I -Net engineer is required to visit a Site to repair or troubleshoot a problem, the
Customer may be charged for this service. There will be no charge if the problem
necessitating the visit is due to a failure with I -Net's equipment or network that was not
the result of Customer activity, or is caused by the County. In all other situations, the
Customer will be charged for the visit. The charge for this service will be $150 per hour,
including travel time, with a minimum 2 -hour charge. This charge will be added to the
Customer's monthly invoice.
7. New Service Requests
The work required and timing for providing service requests varies depending on the nature of
the service being requested and constraints imposed by the Customer's status as an existing or
new customer.
A. For Service Changes, including changes for sites already receiving I -Net service, I -Net
will add new services requiring only a software change, typically within ten (10) business
days from the receipt of an I -Net Connectivity Change Request Form from the Customer,
and I -Net engineering approval of the change. Services requiring hardware changes will
be scheduled with the Customer. Upon receiving I -Net engineering and the Customer's
approval, I -Net will complete a service ticket and obtain written approval from the
Customer. This approved service ticket will be processed by the County for Customer
City of Tukwila 28 of 36 CONTRACT NO. 02COT13
44
billing.
B. For new I -Net service locations, I -Net's ability to provide requested service will be
dependent upon the availability of existing fiber provisioning and integration with the
Customer's other existing sites on I -Net. This design will require the participation of both
Parties.
C. The County will generally add service to a new site, where minimal facilities engineering
and provisioning tasks are required, within sixty (60) business days from receipt of an I-
Net Connectivity Change Request Form specifying the service from the Customer. The
County requires a minimum of ninety (90) business days to construct a typical installation
when new fiber installation is required. When more than minimal facilities engineering
and provisioning tasks are required, the installation of service will be negotiated with the
Customer. All new services require a signed amendment identifying the Date of
Activation as agreed upon mutually by both Parties.
For all services provided to the Customer that requires engineering, design, or installation
services by I -Net, an hourly fee will be charged as specified in Attachment A — Site(s) Covered.
Service cannot be activated without a fully executed Contract in place. KCIT Contract Services is
responsible for managing the contract process with the active support of I -Net management as
required.
City of Tukwila 29 of 36 CONTRACT NO. 02COT13
45
Attachment I — IPV4 Addresses
IMPORTANT: IPV4 ADDRESS SPACE IS OWNED BY THE COUNTY AND REMAINS THE
PROPERTY OF KING COUNTY. THE CUSTOMER HAS THE USE OF THIS ADDRESS
SPACE ONLY WHILE THIS CONTRACT IS IN PLACE. THE COUNTY CANNOT GUARANTEE
CONTIGUOUS IPV4 ADDRESSES WHEN THE CUSTOMER IS PURCHASING ADDITIONAL
IPV4 ADDRESSES, UNLESS AGREED TO IN WRITING BY THE COUNTY.
City of Tukwila 30 of 36 CONTRACT NO. 02COT13
46
Attachment J — Evidence of Insurance Coverage
City of Tukwila 31 of 36 CONTRACT NO. 02COT13
47
Attachment K — I -Net Rate Card
'MC Total MRC
Gb 7t1; z
000 $100 $2270; $2,370
9.000 $1130 $7,153 $2',283'
8.000 $100 $2.098 $2.196
7,000 100 $ 2.009 $2,109
6.000 $100 $1,922 $7:. 722
935'
CoralractSr
00 = $1,66 $1,761
2.000 $100 $ 1,574 $ €,674
€ ,0110 $ 100 $ 1.487 $1.587
Gb Capable CPE
1,000 $ 50 $1,40 $1:450
900 $50 $1,257 $1.307
800 ; $50 $1 210 $1 280
700 $50 $1.162 $1 212
600 $50 $1,114 51..164
508 350 $ [.d167 $1 „t 17
401} $ 50 5 1.019 $1:069
21
$924 $974
$926
Equipment Pr
0bCFI
I GbC
C11
City ITV Cs
ta�at�si
ISP Port 14,r1RC Bid+' iLMRC Total MRC
1
900
0
50
00 s ;
700
600
500
400!
170
0
5
$50
50
7r
500
4
al
$50
51
0
$973 c
00
90
80
930
$50
6
50
50
$695
$603
745
6
50
40
5
$325
$468
City of Tukwila 32 of 36 CONTRACT NO. 02COT13
48
Attachment L — Customer Network Topology
City of Tukwila 33 of 36 CONTRACT NO. 02COT13
49
Attachment M — Customer Access to I -Net SharePoint Site
The Customer shall have access to an "I -Net Partner Workspace ", a secure SharePoint site
created specifically for that Customer. On the Sharepoint site the term "Partner" has the
equivalent meaning as "User" or "Customer ".
The Partner Workspace is an important source for communications between the Customer and
King County I -Net, specifically the KCIT I -Net team, KCIT Contracts, and KCIT Billing staff. It is
intended to be used to view, post, and exchange important information between the Customer
and County. .
Access to the Partner Workspace is limited to County and Customer staff with a valid user ID and
password. Customer information is treated as confidential, unless disclosure is required by
applicable law.
Credentials will be provided to identified staff upon the execution of this Contract.
Navigating to Your I -Net Partner Workspace
Your Partner Workspace includes a Parent Site where global announcements and calendar
information will be posted. By selecting "All Site Content" on the left of the Parent Site, you will
see your Partner Workspace listed.
• Partner Site URL: https://kcmicrosoftonlinecom-
40. sharepoint .microsoftonline.com /inet2 partners /SitePages /Home.aspx
If you don't see the name of your organization, please call the I -Net Network Operations Center at
206 - 263 -7000 or e -mail inetopskinqcounty.gov.
City of Tukwila 34 of 36 CONTRACT NO. 02C0T13
50
Attachment N — Data Center Services Rate Card
Our rnissioneciitical seri/ers and applications
reside. in a re.duncient„ flexible secure and
reliable 2477x365 environrrient.
With either our Remote Hands service or
our Smart Hands service (you choose), i,iciut
.,e,:luiprment end ei.rrs can cid- enii.ist in this
state-of-the-art data center,
MANAGED SYSTEMS
' SERVICE
•-;
CO-LOCA'TION LEVEL I
$899 whole obinet $499 half cabinet
Segregated, aec we, state-of-the-art data cabinets
•*
Rein, under F r twer capa ble
•: * Hcit sl ele_:h.1 aisle contain ec cdtnin et
US-comp/km t physical sear ity
4-1ySfC315e,.".r ty riraq.
v" Two; dyet5Qf rna cress suHty
7x24 sea, rity F ct w_e
7,.24 ...idunty staff presd Ice
,
Video surveillance camtr ir
Segi Wed, sc•cure ne twat k co onectivity
REmorre HANDS S CE.:1
EM41#
, • . W.
Vissalveriticatiori to assist 'emote troubleshooting
Racking and ..;t.acki ri g equipment
:Swapping removable media (tapes. CD.z.DVDs, etc.)
Handling off-site storage requirenlents
Label ina equipment ot taking •-J,Optos
• 2,
CO-LOCATION LEVEL 2
$999 whole cabinet $599 half cabin et
Ail fe atures and services of Level I, PLUS
diftiSMARrHANDSSERVICEM6*W9Y61:-:
114,40
1Oni cal assistance and troubleshnotinV
gEquipment installatiorisand contiguiations
Interface card removal, installation and conhguration:::::1:
1i:resting media for continuity.S.prcper signalling
Inventor y of equipment
Poser cycling: router, server. Avitch„ soft-boot
4dding, removing or verifying a demarcation
equiprnent...rvithin your spa ce Ll,cabi nets
t err!! rotre. cabIe
$100 per month -
Monthly fee added
into total cabinet price
above.
City of Tukwila
$1.00 per month -
Monthly tee added
into total cabinet price
above.
35 of 36
$ cost varies
r3G
Features:
Segregation
•:•Physical separation systeriis
in secured cabinets
•:*Pri ysical sera riation
Staffing Options
•:•24/7 staff env iron rreact
Securi ty
HIPAA cornpli pltys
se jr tit, model
Standard Vir tud Environment (SV,
Cloud partnerships (future)
[I,71d busiDess oitiri ei us handle
•,k)u S y . S t e l M i . l p i ; P : ) I t nee tor with
iVorl4ied Sysioms
CEide 3 ( orrplete raNge Fal ..•-,:olutions
induding Ki tyrility
karda,•.ife [1-011;•):)11-klit; set Ill ity
uirirti di noilitenm•K:e dri
perfot mat r.-e lii ill ,II (A off
(ari in(lude24itimitoritn •,•11-0•1 tepoitinki.
•
For 1U Cabinet Pricing,
Contact Data Center
Manager at 206-263-
AMR
CONTRACT NO. 02COT13
51
Attachment 0 — Colocation Agreement
The parties agree that the Customer may use space from the County for the colocation of its:
City of Tukwila Network Equipment
The following colocation options are available for the Customer below. See Attachment N —
Pricing for pricing.
a) Co- Location Level 1 (Whole cabinet or half cabinet) (CL1W or CL1H):
Cabinets are segregated and locked with redundant power capable. Hot aisle /cold aisle
contained within cabinet.
CJIS - compliant physical security is provided. The multiple layers of physical security
include: two layers of "2 Factor" access security, 7x24 King County staff presence, video
surveillance cameras, and 7x24 security presence.
b) Remote Hands Service (RHS):
Visual verification to assist remote troubleshooting efforts; racking and stacking
equipment; swapping removable media (tapes, CDs, DVDs, etc.); handling off -site
storage requirements; labeling equipment and taking digital photos; and secure network
connectivity.
c) Co- Location Level 2 (Whole cabinet or half cabinet) (CL2W or CL2H):
All features and services of Co- Location Level 1, PLUS:
Smart Hands service offering technical assistance and troubleshooting; equipment
installations and configurations; interface card removal, installation and configuration;
testing media for continuity and proper signaling; inventory of equipment; power cycling
for router, server, switch, and soft -boot; adding, removing or verifying a demarcation;
moving equipment within your space and cabinets; and wiring services (moving,
securing, and terminating cables).
d) Managed Systems Service (MSSVE or MSCS):
Features of Managed System Services are: segregation (physical separation of systems
in secured cabinets and physical separation of networks), staffing options in a 24/7 staff
environment, and security (CJIS and HIPAA compliant and a physical security model).
Two options are available:
• Standard Virtual Environment ( MSSVE):
2 vProc, 8 GB RAM, up to 150 GB storage, additional vProcs, RAM, and storage
space can be added.
• Cloud Services (MSCS): (available 2014)
City of Tukwila 36 of 36 CONTRACT NO. 02COT13
52
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: David Cline, City Administrator
DATE: November 26, 2013
SUBJECT: Inter local Agreement for Pool Operations and Support Services
ISSUE
The Inter local Agreement for Support Services between the Tukwila Pool Metropolitan Park
District (MPD) and the City of Tukwila (City) expires December 31, 2013.
FINANCIAL IMPACT
The current agreement has a fixed cost of $7,500 per month. There are two options for a new
agreement; each option assumes costs will decrease to approximately $6,600 per month,
mainly due to stabilizing support services. This $6,600 was originally based on the actual costs
seen in May and June 2013. The new agreement (Attachment A) provides 1) Pool Operations
and support services specific to pool operations; and 2) MPD Board support services specific to
District operations. All of these services will be charged on an hourly basis, which will allow the
City to recover all costs incurred for providing services and allow to the MPD Board more control
over these expenses. The Pool Operations scope of work portion of the agreement (Exhibit 1)
maintains the current staffing and programming model necessary to operate the pool; the MPD
support services scope of work (Exhibit 2) provides MPD Board support services to operate the
District.
BACKGROUND
The MPD and the City have extended the current Inter local Agreement three times:
September 14, 2011: MPD entered into an Inter local Agreement with the City of Tukwila to
provide support services.
November 21, 2011: MPD signed Addendum No. 1, extending the Interlocal Agreement
through January 15, 2013.
January 7, 2013: MPD signed addendum No. 3 extending the agreement through July 15,
2013.
April 29, 2013: MPD signed addendum No. 4 extending the agreement through December 31,
2013.
The City of Tukwila is supportive of the Board's efforts to create a community pool and has
appreciated being a full partner with the MPD Board as it implements its Vision - "To Provide a
Sustainable and Efficient Pool that Exceeds the Community's Needs." There are many joint
successes that we share, along with our community partners, in insuring that the pool remains
financially sustainable and a community asset.
W:12013 Info Memos-CounciPILA - CITY MPD Pool Operations and Support Services Memo 11 26 2013 rs dc.clocx
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54
INFORMATIONAL MEMO
ILA — CITY & MPD Pool Operations & Support Services
Page 2— November 26, 2013
The City recognizes that the last two years have been a difficult time for some as the MPD, City,
and community create a new model for managing and operating the pool. The City agrees with
the Administrative and Program Assessment report completed by KJ Design (KJ Design
Report), the report states: "One of our assessment findings should be stated up front. There is
a great amount of support in the community given that the various groups want to see the pool
excel and be successful." (pg. 6) The City is very supportive of this pool and wants to provide
options for the MPD Board as it moves forward on how best to provide these services to the
community.
DISCUSSION
The Interlocal Agreement (Attachment A) reflects updates to the previous agreement originally
agreed upon by each party in 2011. The services in this agreement provide more details and
hold the City more accountable. It also allows the MPD Board and the community to
understand the full range of services the City currently provides to the MPD. Attachment B
provides an overview of the scope of services offered by breaking down Exhibits 1 and 2 of the
agreement. On the expenses side, it moves to a direct cost for services rather than the fixed
rate model utilized in the previous agreement. This change will allow the City and the MPD
Board to better manage costs in the future.
The two options for consideration are a six-month or two-year agreement. A six-month
agreement will provide necessary transition time to another service model for the MPD. A two-
year agreement will provide stability to pool operations and allow time to implement
recommendations from the KJ Design Report. The two options presented are based upon public
conversations of the MPD Board, the City Council, the Mayor, and the KJ Design Report.
Excerpts from this report are attached for the City Council's review in Attachment C. Excerpts
are from the following sections, "Cost Review to Privatize Services for Current Support
Services," and "Metropolitan Parks District Model of Governance Comparison," which evaluates
operations of public, non-profit, and for-profit providers.
Option A: Six-month agreement: The six-month agreement will allow the MPD Board time to
create a request for proposal for pool operations and management, and choose an appropriate
service provider. The six-month agreement would also provide time to transition services during
the summer months, which may be an easier transition time for some partners. For example,
the Tukwila School District currently sponsors two swim classes during the school day. The six-
month time-frame allows adequate time for implementation and transition of services and would
provide staff and other providers enough notice for this transition. The KJ Design Report
devotes a section that reviews the different service models (called Governance Comparisons)
from public, non-profit and for profit providers, see pages 51 to 56 for details.
Option B: Two-year agreement: The two-year agreement is based on the recommendation
from the KJ Design Report. The agreement allows for stability of current services and provides
the MPD Board, the community, and City staff, who provide these services, time to implement
many of the recommendations contained within report.
As stated in the KJ Design Report, "Overall, the Tukwila Pool is very well operated and
programmed, but has room to grow." (pg. 17) "Given the City's decade of experience operating
the pool and the associated support services being provided, the task of privatizing all of the
support services is unrealistic. The City provides a unified government approach with combined
services. Multiple private firms providing support services may not understand the big picture
W:12013 Info Memos-Council \ ILA - CITY MPD Pool Operations and Support Services Memo 11 26 2013 rs do.docx
INFORMATIONAL MEMO
ILA — CITY & MPD Pool Operations & Support Services
Page 3— November 26, 2013
including the requirements that City services are already aware of, like public disclosure and
public records requests." (pg. 49) In reviewing alternative providers of services, the report
states, "We do not know of a single commercial firm that we would highly recommend as a pool
operator in this region." (pg. 56)
At the end of the report, the consultants recommend, "It is imperative that the City Parks and
Recreation department have at least 2 years to implement our suggestions, specifically
marketing and advertising the facility." (pg. 61)
At the MPD Board Meeting on November 18, the Board requested that the MPD Attorney Brian
Snure review the agreement and provide his comments. Also, some MPD Board members
offered to provide comments and changes to the agreement prior to final adoption. These
comments and changes are expected to be incorporated into the discussion at the Council of
the Whole meeting on December 9.
Review of Costs for Agreement
Attachment D graphically shows the cost associated with the Support Services contract for 2012
and 2013. When the 2014 budget was established in June, it was believed that the support
services effort and the associated costs would continue to trend down and balance the costs for
the year at an average cost of $7,500 per month.
An average cost for May and June 2013 was used to establish the 2014 recommended budget
of $6,600 per month. However, the decreased support trend was not sustained with the
additional work effort needed to prepare for the Board meetings. The new contract is set up to
provide a consistent level and support for pool operations with an additional scope for MPD
support that can be provided as agreed upon between the City and the MPD. This arrangement
will allow for better time management for the City and cost control for the MPD. It is the City's
expectations that with the MPD Board hiring an Executive Director to fulfill many of these
administrative functions, that the City's costs will significantly decrease. For example, the City is
assuming that City staff will not be necessary to attend all of the MPD Board regular meetings.
RECOMMENDATION
No recommendation. The Finance & Safety Committee should discuss these options and
provide direction. A final agreement will need to be moved to the Council of the Whole and
Special Regular meeting on December 9 to insure that there is no break in services to the MPD.
ATTACHMENTS
A. Interlocal Agreement
B. Scope of Services Overview
C. Excerpts from KJ Design Report
D. Summary of Costs for 2012-2013
W:12013 Info MemossCounalLA - CITY MPD Pod Operations and Support Services Memo 11 26 2013 no do doss
55
56
DRAFT— November 26, 2013
Attachment A
INTERLOCAL AGREEMENT
FOR SUPPORT SERVICES
BETWEEN THE CITY OF TUKWILA AND
THE TUKWILA POOL METROPOLITAN PARK DISTRICT
In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila
( "Tukwila ") and the Tukwila Pool Metropolitan Park District ( "TPMPD "), both of whom are
Washington municipal corporations, hereby enter into the following agreement:
I. RECITALS
Tukwila and TPMPD, through their respective legislative bodies, have declared their
intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and
Tukwila and TPMPD recognize that the cost savings from shared support services greatly
outweighs the increased facility and administrative expenses in creating and maintaining separate
facilities and accounting practices associated with the operation of the City of Tukwila Pool and
related services;
Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support
services to facilitate the operation of TPMPD and the City of Tukwila Pool:
II. AGREEMENT
1. Term of Agreement and Renewal.
1.1 Term. This Agreement shall be valid from the Effective Date set forth in
Section 4.1 of this Agreement until DATE.
1.2 Renewal. This Agreement may be renewed only by written agreement of both
Parties.
2. Scope of Work.
2.1 Pool Operations Scope of Work. Pool Operations are necessary duties to
operate the Pool. Duties shall be performed by the incumbent identified by job
title(s), however the City Administrator may delegate responsibilities based on
staff availability and organization needs. Tukwila shall provide the duties as
needed described in "Exhibit 1" for the TPMPD.
Pool staff shall remain City employees. The TPMPD agrees to adopt and
enforce the City's policies and procedures related to employee safety, pool
behavior and workplace harassment.
2.2 Support Services Scope of Work. Support Services are performed by Tukwila
staff to provide support to the TPMPD. Duties shall be performed primarily by
the incumbent identified by job title, however, the City Administrator may
ILA — City & MPD Pool Operations and Support Services
ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStnke- thru.docx
57
DRAFT— November 26, 2013
delegate responsibilities as needed based on staff availability and organizational
needs. Tukwila shall provide duties as needed and requested by the Board
President or designee described in "Exhibit 2" for the TPMPD.
2.3 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support
services based on the hourly wages and benefits of City staff and their time
providing support services, plus 10% for overhead expenses. Support Services
will cost approximately $6,600 per month; however nothing in this agreement
limits Tukwila's ability to invoice more than $6,600 per month.
2.4 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for
support services and pool operations services provided to TPMPD no later than
15 business days after the end of each month. Payment shall be due from
TPMPD 30 days from the date of invoice and made payable to the City of
Tukwila.
3. General Provisions.
3.1 Effective Date. This Agreement shall be effective upon ratification by each
Party's governing body and execution by TPMPD's Board President and the
Mayor of Tukwila.
3.2 Amendment. This Agreement may be amended only upon the consent of both
Parties. Any amendments shall be in writing and shall be ratified and executed
by the Parties in the same manner in which this Agreement was originally
adopted.
3.3 Waiver. The waiver by any party of any breach of any term, covenant, or
condition of this Agreement shall not be deemed to be a waiver of any
subsequent breach of the same term, covenant, or condition of this Agreement.
3.4 Severability. If any provision of this Agreement shall be held invalid, the
remainder of the Agreement shall not be affected thereby.
3.5 Entire Agreement. This Agreement represents the entire understanding of the
Parties and supersedes any oral representations that are inconsistent with or
modify its terms and conditions.
3.6 Counterparts. This Agreement shall be effective whether signed by all Parties
on the same document or signed in counterparts.
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3.7 Notices. Any notice to be provided under the terms of this Agreement, shall be
delivered by certified mail, return receipt requested, or by personal service to
the following:
For Tukwila: For TPMPD:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
President
TPMPD
6200 Southcenter Blvd.
Tukwila, WA 98188
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
CITY OF TUKWILA
By:
Jim Haggerton, Mayor
Dated:
Attest:
Christy O'Flaherty, City Clerk
Approved as to Form:
Shelley M. Kerslake, City Attorney
Attachment:
Exhibit 1: Pool Operations Scope of Work
Exhibit 2: Support Service Scope of Work
ILA — City & MPD Pool Operations and Support Services
TUKWILA POOL METROPOLITAN
PARK DISTRICT
By:
Title: Board President
Dated:
Attest:
Title: Clerk of the Board
Approved as to Form:
Brian Snure, Attorney for TPMPD
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DRAFT— November 26, 2013
Tukwila Metropolitan Park District Pool Operations Scope of Work
Exhibit 1
The following details duties which are performed by City of Tukwila staff to ensure safe
operations and programming at the Tukwila Pool.
xat
Pool Program Operations. These services are billed to the MPD salaries, benefits, and
Extra Labor budget.
1. Staff Scheduling: Scheduling staff is based upon anticipated pool users and scheduled
programs, classes, and /or lessons.
2. Pre - Service Training and Orientation: Provide pre- service training and orientation to
new employees.
3. In- Service Training: Provide scheduled in- service training and required drills to ensure
staff respond efficiently in emergency situation.
4. Procedures Manual: Maintain a comprehensive Procedures Manual.
5. Outreach and Communication: Implement marketing plan and outreach initiatives.
6. Pool Scheduling: Staff shall plan and schedule pool use to accommodate the MPD's
mission, vision and goals.
7. Customer Service: answer questions; facilitate registrations, facility rentals, and
general inquiries.
8. Pool Program and Event Implementation, examples include:
• Lap Swim/Family Swim
• Open Swim
• Gender Specific Swim
• Group Swimming Lessons
• Private Lessons
• Teen Late Night
• Rental - Private Party
• Rental - Aquatics Teams
• Rentals for Specialized Aquatics Activities
• American Red Cross Lifeguard Training
• American Red Cross Water Safety Instructor Training
• Vertical Exercise
• Water Walking
• Water Aerobics
• April Pools Day
• Floating Movie Nights
• Other Programs and Events as determined
2. Pool Facility and Maintenance Operations. These services are billed to the MPD salaries,
benefits, and Extra Labor budget.
1. Obtain Health Department Permit for the pool facility and follow WAC 246 -260 for
Water Recreation Facilities (WRF).
2. Maintain current pool operator certifications.
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3. Maintain proper water quality using appropriate disinfection and water balancing
practices.
4. Follow and comply with all regulations and guidelines for public swimming pools.
5. Respond to pool water contamination issues according to Health Department
Regulations.
6. Perform safe chemical handling techniques.
7. Maintain a balanced level of disinfection in the pool and conduct regular pool water
tests every three hours according to Health Department Regulations.
8. Perform routine chemical dosing calculations and add chemicals as necessary to adjust
and maintain the Langelier Saturation/Calcium Saturation Index of the water to prolong
equipment life.
9. Perform routine water tests and cross reference the automated chemical feed system
and make changes as necessary.
10. Work closely with the Health Department as needed.
11. Maintain the filter system through routine backwashing and filter grid cover
replacement.
12. Maintain pool cleanliness and appearance through routine pool vacuuming and
brushing.
13. Maintain boiler systems and complete safety checks on boilers to ensure code
requirements for pressure vessels is being followed in accordance with state
regulations.
14. Ensure back -check valves are tested and inspected annually.
15. Ensure facility is Virginia Graeme Baker Pool and Spa Safety Act (VGBA) compliant.
16. Ensure facility meets requirements of the Revised Americans with Disability Act
(ADA).
17. Ensure facility meets code requirements for water access and water safety.
18. Conduct routine inspections and maintenance of both mechanical and operational
equipment: diving board, slides, lane lines, extension poles, basketball hoop, pool
covers, guard chairs, handrails, pool stairs, chair lift, natatorium doors, rescue
equipment, pace clocks, pumps, boilers, chemical feed system, motors, air handling
units (AHU) belts and filters, valves, make -up water systems, water and sewer meters,
lighting, electrical systems, domestic plumbing (toilets, showers, sinks, hose spigots,
drinking fountains) pool water plumbing, boiler system plumbing, lockers, partitions,
dispensers, janitorial equipment.
19. Ensure facility cleanliness and appearance through daily janitorial cleaning.
20. Maintain janitorial supplies inventory, equipment and provide training to staff on daily
cleaning procedures.
21. Perform routine deep cleaning of various components and equipment of the facility.
22. Perform various maintenance repairs as needed.
23. Maintain current signage according to Health Department Regulations.
24. Maintain current Material Safety Data Sheets (MSDS) for all chemicals and post
information following Health Department Guidelines.
25. Maintain accurate and detailed records of pool water chemistry, Langelier
Saturation/Calcium Saturation Index, pump pressure and vacuum gauges, boiler system
logs, chemical dosing, utility consumption, air and water temperatures, water quality,
general facility safety.
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DRAFT— November 26, 2013
26. Create and maintain a preventative maintenance plan and implementation schedule for
all systems and equipment in the facility.
27. Develop and continually update an Emergency Action Plan (including site plans,
evacuation procedures and facility shut -down procedures) for facility equipment in
conjunction with pool operations plans and procedures.
28. Inform pool staff of any known unsafe conditions.
29. Maintain a clean and presentable appearance to the public, respond respectfully and
appropriately to pool patrons' concerns and issues and conduct trainings for pool staff.
30. Manage multiple maintenance contracts (HVAC, Fire Alarm, Burglar Alarm,
Backflows, Boilers) coordinate with contractors (repairs and emergencies), and
purchase from supplies vendors (operating supplies, pool chemicals, janitorial products,
maintenance supplies, equipment supplies, replacement parts).
31. Ensure safe water for swimming by heating it, treating it, testing it, filtering it, and
balancing it.
32. Respond and troubleshoot any situation that comes up (i.e. colored water, cloudy water,
boiler failure, temperatures cold in water, air or showers, pump failure, water chemistry
issue, vomit and/or fecal incident, water leaks, fire alarm, burglar alarm, power outage,
and any emergency situation (see Exhibit B — Pool Operator Response Scenarios below
for examples) by providing 24hr callout service.
3. Technical Support. Services provided on an as needed basis. These services are billed as a
support service based upon the hourly wages and benefits of City staff and their time
incurred providing support services, plus 10% for overhead expenses.
1. Perform essential calculations for both liquid and solid forms of measurement.
2. Respond to pool water contamination issues according to Health Department
Regulations.
3. Calculate dosing requirements for any and all chemicals to be used in the pool.
4. Perform routine chemical dosing calculations and add chemicals as necessary to adjust
and maintain the Langelier Saturation/Calcium Saturation Index of the water to prolong
equipment life.
5. Deal with water problems (poor circulation, cloudy water, colored water, algae, stains,
scale, and foaming water).
6. Operate, interact, manipulate and calibrate the computerized chemical feed system.
7. Provide information on water circulation, flow rates, filter sizing, surge tanks, float
valves, make -up water valves, entrapment issues, surface water removal vs. main
drains, pump influence and effluence, filter vacuum, parts and maintenance of pumps
and motors, cavitation, variable frequency drives, valves, piping, and health department
codes when needed.
8. Provide information on pool filtration systems; filter rates, different forms of filter
media, calculating filter system sizing and requirements, and maintenance of filter
systems when needed.
9. Make adjustments to maintain air quality and energy loss in accordance with aquatic
industry standards, and Health Department requirements
10. Proficient with WebCNTRL software to be able to monitor, test, adjust, schedule,
troubleshoot, and track, all facility systems and equipment.
11. Monitor and maintain surveillance system for reception desk tills.
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4. Pool Grounds and Landscaping. These services are billed as a support service based upon
the hourly wages and benefits of City staff and their time incurred providing support
services, plus 10% for overhead expenses.
1. Mow turf areas weekly or as needed — Approximately March to October.
2. Weed flower beds weekly — March to October.
3. Fertilize 2 times per year — spring & fall.
4. Spray broadleaf herbicide as needed to keep weeds away.
5. Rake and dispose of leaves — seasonally.
6. Empty waste receptacles weekly (or more) — year - round.
7. Keep areas around gas meter and oil tank weed free.
8. Blow off walkways and other hard surfaces after mowing and /or as needed.
9. Spread de -icer when walkways are icy.
10. Annual tree and shrub pruning.
The City of Tukwila's Human Resources Department coordinates the recruitment process of all
MPD employees, manages employee records and administers a benefits program. Below details
duties involved within each task. These services are billed as a support service based upon the
hourly wages and benefits of City staff and their time incurred providing support services, plus
10% for overhead expenses.
. Employee Recruitment:
1. Route Personnel Requisition Form for signatures
2. Create job posting from job classification
3. Advertise jobs
4. Review all applications for possible candidates to interview
5. Coordinate interview panel and schedule interviews, as needed.
6. Administer testing if needed
7. Deliver tentative offer of employment
8. Conduct reference check to include SSCI background check on all finalists
9. Make final offer of employment or rescind tentative offer
10. Prepare employment forms and create personnel file
11. Schedule orientation for employee to complete forms
2. Maintenance of Employee Records
1. Data gathering.
2. File maintenance and retention.
3. Processing and recording Personnel Actions.
4. Key Card Access Processes.
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DRAFT— November 26, 2013
3. Benefit Administration
1. Coordinate health, dental and vision benefits for full -time employees.
2. Implement employee wellness program.
3. Coordinate retirement benefits.
4. Facilitate employee training and education tracking.
5. Coordinate industrial insurance, manage worker's comp claims.
4. Personnel Policies and Procedures
1. Implement City personnel policy and procedures manual.
2. Research and analyze City policies.
3. Review policies.
4. Implement policy training as needed.
The City of Tukwila provides hardware and software to the MPD, including computers, printers,
telephones, and important software to ensure efficient operations of the Pool. Technological
services and support is provided by the City's Information Technology (IT) Department. These
services are billed as a support service based upon the hourly wages and benefits of City staff
and their time incurred providing support services, plus 10% for overhead expenses. The
following is performed on an as needed basis
1. Telephone Support The Mitel phone system is utilized throughout the City of Tukwila,
including the Tukwila Pool. The Voice Over IP system (VOIP) (versus analogue system
provides interconnectivity throughout City Departments.
2. Cell Phones: The MPD has 2 cell phones serviced by Verizon; each cell phone utilizes the
negotiated contract pricing the City receives through the Washington State Cooperative
Agreement (WSCA) contract.
3. Hardware: The MPD utilizes hardware such as central processing units, monitors, printers,
routers, switches, card scanners, cash drawers, cabling and fiber wiring owned by the City of
Tukwila. The IT department provides support and replacement on an as needed basis.
4. Network and Servers: The MPD utilizes server space on the City's servers and network.
This includes storage for email, home directory documents, CLASS (point of sale and
registration software), and includes network services such as virus checking, spam filtering,
routers, hubs, switches and wiring for connectivity. This allows Pool staff and City staff to
share files, and take advantage of a multitude of network capabilities.
5. Software The MPD email is currently using the City's email system licensed under the
Microsoft Enterprise Agreement. The MPD utilizes CLASS software and shares a license
with the City. CLASS is the Recreation Management System used for Point of Sale (POS),
program registration, facility booking and participant database. The license is not
transferable. WebCTRL is software utilized for communication with the pool controls and
water system, this software is currently controlled by the City (for firewall protection)
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DRAFT— November 26, 2013
however could be easily released in the future if needed.IT staff and Parks and Recreation
Staff troubleshoot on an as needed basis.
6. Printers: The MPD utilizes three printers that are maintained by the City on an as needed
basis.
7. Website: The current MPD Website was designed, coded and then converted into a
WordPress template for ease of use. The IT department coordinates hosting and domain
renewal for the tukwilwapool.org website.
8. Maintenance: The IT department provides overall maintenance to equipment and software
on an as needed basis.
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DRAFT— November 26, 2013
Exhibit 2
Tukwila Metropolitan Park District Support Services Scope of Work
Support Services are performed by City of Tukwila staff to provide support to the TPMPD
as requested by the Board President or designee. All of these services are billed based upon
the hourly wages and benefits of City staff and their time incurred providing support
services, plus 10% for overhead expenses.
kr, 400
Administrative services performed by the City Clerk's office includes:
Records Management: Organize and maintain District records and files according to state
archive requirements:
1. Provide guidance and direction to staff on retention and disposition of records.
2. Keep staff up -to -date on changes to laws and State retention schedules.
3. Directly responsible for retention of records such as resolutions, contracts, and
meetings and hearings (agenda packets, meeting minutes, legal notices, audio
recordings) in accordance with State retention schedules.
4. Public Records Requests: Process and respond to public records requests as needed and
maintain database. If a request is received, the following steps are involved: Review
and distribute the request; set timelines based on 5 -day legal requirement; request
Board attorney review of any responsive records to ensure exempt items are logged per
RCW 42.56; assemble and copy documents; assess charges; compose fulfillment
correspondence to requester.
2. Contracts /Recorded Documents /Claims /Litigation/ Bids, etc.:
1. Contracts: Review for accuracy and completeness; collect signatures and distribute.
2. Claims /Litigation: Accept and route claims for damages and litigation filings and
appeals.
3. Recorded Documents: Transmit documents to King County Recording Office; pay fees
and track until the documents are returned; scan into the Digital Records Center; file
paper document.
4. Bids: Review and publish bids based on legal requirements. Provide services to accept
secure bid documents per State law and open bids from vendors, as needed.
5. Elections: Coordination with King County Elections as needed in conjunction with
ballot measures.
3. Composition and Distribution of Minutes from MPD Board Meetings:
1. Staff support at MPD meetings, with responsibility for operation of recording system,
parliamentary procedures, providing assistance to Commissioners and members of the
public and collecting speaker sign -up sheets and any other information distributed at
the meeting for inclusion in the public record file.
2. Upload and index audio recording of meetings into the Digital Records Center. Label
and file CDs.
3. Prepare meeting minutes, distribute draft to City and MPD staff for review, make
changes as needed, and provide copy to Commissioners for review.
4. Provide final copy of minutes to Commissioners under "Consent Agenda" item at next
Board meeting and collect signatures.
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DRAFT— November 26, 2013
5. Scan and index signed minutes and index into the Digital Records Center for
availability to staff and the public, file paper copy for long term records retention.
4. MPD Board Meeting Facilitation:
1. Prepare meeting rooms: Arrange tables, podium, place microphones and run cords as
needed.
2. Set up information for the public including agenda packets and speaker information.
3. Arrangements nameplates, gavel, cups and water pitchers on the dais.
4. Set up recording device.
5. Return the above items to storage after meeting and return room to its original
configuration.
5. Notice meetings:
1. Monitor draft agendas for awareness of any public notice requirements (i.e. special
meetings, public hearings, executive sessions).
2. Submit required notices to newspaper for publication and distribute to notification list
and post per legal requirements.
3. Scan notices and index into the Digital Records Center and name intuitively for easy
access. Distribute electronic and paper copies and file paper copies.
4. Track affidavits of publication and file per legal requirements.
6. Collect agenda items, prepare agendas, and prepare meeting packets and agenda items:
1. Maintain tentative agenda templates and populate with agenda item information as
provided by staff.
2. Distribute draft agenda to applicable staff the week prior to each meeting, including
information on deadlines for submission of agenda packet materials.
3. Review agenda packet submissions for completion and accuracy, and contact staff as
needed for revisions.
4. Create agenda face sheet.
5. Produce draft and final versions of resolutions. Review for content and accuracy and
complete resolution tracking sheet. Ensure draft resolutions are reviewed by the
Commission Attorney.
6. Create Info Memos for agenda items and craft new resolutions as needed.
7. Provide agenda packet materials to City Administrator and Board President for review.
8. Participate in agenda review meetings and make changes to materials (or contact staff)
as needed.
9. Produce and distribute monthly agenda packets for Commissioners, staff and public.
Production process includes review of materials for content and sequencing (including
page breaks and inclusion of color inserts as needed), scanning or importing of
documents into the the Digital Records Center, electronic enhancement or resizing of
images, electronic page numbering, generate searchable text, intuitively name agenda
items, email link to packet materials, production of 20 paper packets for Board
members and the public.
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DRAFT— November 26, 2013
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91,""te tire Pie Ofel:044" Wig,P$PANV "Ow. 1,00*" • prege,74:N*464s4NA44(6/WW%
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Provided by the City of Tukwila's Finance Department:
1. Provide Risk Management Administration:
1. Obtain insurance through the Washington Cities Insurance Authority (WCIA).
2. Coordinate annual insurance audit. MPD Treasurer meets with WCIA representative
and reviews coverage and prior year claim results.
1 Report as necessary to insurance authority: provide incident and accident reports and
perform necessary follow-up.
2. Accounting Services, Recording, Reporting:
1. Annual reporting: prepare and distribute annual financial reports including to MPD
Board.
2. Prepare Schedule of Financial Assistance (for grants received by the MPD) to the State
Auditor's Office.
3. Support State Auditor's Office with annual audit, as requested.
4. Maintain accounting records and prepare reports including: expense reports, revenue
reports, quarter payroll detail reports and other reports as requested.
5. Prepare and submit Department of Revenue monthly excise tax return.
6. Provide semi-monthly payroll processing and file necessary monthly, quarterly, and/or
annual payroll reports and returns.
7. Provide general accounting services and reports to the Board on the status of TPMPD
funds.
8. Provide accounts payable services, payment of invoices and purchasing card
administration.
9. Provide daily revenue recording, receipting, banking, and credit card reconciliation
activities.
10. Liaison with King County. Finance staff work with King County as they collect
property taxes on behalf of the MPD. Property taxes are electronically transferred 2— 3
times a week. Journal entries are prepared on a weekly basis to record the receipts in
Eden (City's accounting software). County reports on property taxes must be
reconciled at least annually to ensure proper accounting.
11. Prepare annual resolutions for property tax collections and file with King County.
12. Invest excess funds as available.
13. Provide support to Parks and Recreation Staff for grant funding and tracking to ensure
all granting requirements are satisfied. Perform monthly bank account reconciliation.
14. Fixed asset accounting. Tracking and documenting costs of/for assets, calculating
depreciation and list on financial statements. Asset counts are required on a periodic
basis.
15. Retain all records for the MPD in accordance to the WA State records retention
schedule. Records are destroyed when the schedule allows and proper documentation
is prepared to record what records are destroyed and when.
16. Prepare and present annual budget in coordination with Parks and Recreation
Department.
17. Prepare and update 5 and 20 year plan in coordination with Parks and Recreation
Department.
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Provided by the City of Tukwila's Parks and Recreation Department:
1 Supervise Pool staff and daily operations performed at the Tukwila Pool as detailed in
Exhibit 1.
2. Coordinate support services with City of Tukwila's Finance Department, Human
Resources Department, Information Technology Department and City Clerk's Office.
3. Support Assistance to the MPD Board, as needed.
1. Attend quarterly meetings, as needed
2. Attend annual MPD Board retreat, and annual budget workshop, as needed.
3. Prepare long -term agenda for MPD Board by forecasting MPD annual needs.
4. Research and prepare informational memos, documents, reports and presentation to the
MPD Board.
Examples include:
1.Annual budget development, presentation, and monitoring.
2.Financial plan development, monitoring and updating.
3.Capital Improvement Plan development and planning.
4.Fees analysis: research, report, and presentation.
5.Request For Proposals, example: RFP for Legal Services document
4. Capital Project Management
1. Prepare bid documents and coordinate bid processes (RFP, RFQ etc.).
2. Prepare and execute contract documents, change orders, amendments, invoicing
3. Oversee Project: Document progress, attend construction meetings, and provide
direction and input.
4. Prepare reports: progress reports, financial reports.
5. Prepare and present project closeout documents.
6. Manage and coordinate warranty work related to capital projects, as needed.
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70
Attachment B
Scope of Services Overview
Pool Operations & Support Services
Scope of Work
"Exhibit 1"
MPD Support Services
Scope of Work
"Exhibit 2"
Brief
Description
Type of
Charge
Pool Operations and Services to support
operations of the Tukwila Pool
Services to support the TPMPD
Direct charge to MPD Salaries, Benefits and /or
Extra Labor, and
Hourly charge to MPD for Support Services
(indicated w/ *).
Hourly charge to MPD —
Support Services Budget
Specific
Duties
Provided by Parks and Recreation Dept.
• Aquatic Facilities Operator
• Lifeguards & Swim Instructors
• Pool Programming
• Pool Custodial & Maintenance
• Pool Equipment Maintenance
Provided by City Clerk
• Records Management
• Contracts /Recorded Docs /Claims /Bids
• Minutes composition and distribution
• MPD Board Meeting Facilitation
• Notice Meetings
• Agenda preparation and distribution
* Provided by Information Technology Dept.
• Telephone /Cell Phone Support
• Hardware /Software Support
• Network and Servers
• Printers
• Website
• Equipment Maintenance
Provided by City Finance Dept.
• Risk Management Administration
• Accounting Services
• Recording & Reporting
*Provided by Human Resources Department
• Employee Recruitment
• Employee Records
• Benefit Administration
• Personnel Policies & Procedures
Provided by Parks and Recreation Dept.
• Coordinate Support Services
• Provide Operational Reporting to Board
• Capital Project Management
• Supervise Pool Operations
• Supervise Pool Management Staff
*Provided by Parks and Recreation Dept.
• Pool Operations Supervision
• Technical Support
• Pool Grounds and Landscaping
71
72
Attachment C
KJ Design, LLC
Tukwila Pool Administrative & Program Assessment
For the Tukwila Metropolitan Park District
'Authored by Kevin & Karen Johnston
!NAT 11_ A
ht
DESIGN
73
Cost Review to Privatize Services for Current Support Services
The Parks & Recreation department has put forth a tremendous effort to document the
necessary City support services that are utilized to operate the pool for the MPD.
These support services include Recreation and Aquatic Support Services, Financial
Management, Human Resources, Administrative Services, Information Technology, and
Pool Maintenance Operations as outlined in the Pool Operations 101 document
prepared by Rick Still.
Are the support services provided by the City worth the $79.2K budgeted for 2014?
Given the extensive outline in the Pool Operations 101 document, you may be hard
pressed to equate the true value using private services. It is presumed that contracting
for these services would require different companies for each category. Is it realistic to
expect a competent pool management company to provide complete IT, phone and
technology services? Along the same lines, is it possible for a custodial maintenance
service to adequately provide human resource, payroll and accounting services?
Given the City's decade of experience operating the pool and the associated support
services being provided, the task of privatizing all of the support services is unrealistic.
The City provides a unified government approach with combined services. Multiple
private firms providing support services may not understand the big picture including the
requirements that City services are already aware of, like public disclosure and public
records requests. The facility manager would ultimately be tasked with ensuring that
the negotiated contracts are being executed correctly.
49IPage
74
Metropolitan Parks District Model of Governance Comparison
Definition of Governance Styles
There are three types and a combination of governance styles: Public, non - profit and
for- profit operations or a combination of these in the form of a public - private partnership.
These three types all deliver recreational services, but vary based on their philosophical
orientation.
Publicly operated parks and recreation services are based on providing these services
for all citizens for the benefit of the community as a whole and in the interest of the
public good. Historically, swimming pools operated by the public sector are typically
subsidized at fifty percent of their operational budget, through the municipal
government's general fund. In reality, it is a swinging pendulum of support between
forty and sixty percent. The subsidy is justified by the governing body (1) by ensuring
that prices are accessible for most of the citizens, (2) to specifically provide needed
services for the disadvantage in terms of income, ethnicity, age (youth & elderly) and for
individuals with disabilities at reduced rates and (3) through societal values in terms of
increased public safety through learn to swim programs and their direct and indirect
abilities to reduce drowning rates within a community. The greatest advantage of
publicly operated swimming pools is the commitment by the public sector to provide the
services to all for the common good. The fact that the citizens share some of the
burden of the costs associated with its operation validates this purpose further. Publicly
operated pools maintain a high standard of care in terms of water quality and code
compliance, crucial to the health and safety of an aquatic operation.
Non - profits have a similar purpose related to the common good, although not for an
entire community, but for the good of the individuals that are attracted to the non - profits
altruistic purposes. "The exempt purposes set forth in section 501(c)(3) are charitable,
religious, educational, scientific, literary, testing for public safety, fostering national or
international amateur sports competition, and preventing cruelty to children or animals
(IRS, retrieved Sept 9, 2013, http://www.irs.gov / Charities - &- Non - Profits /Charitable-
Organizations/ Exempt- Purposes - Internal- Revenue - Code - Section-
501 %28c %29 %283 %29)." Stevens (2010) describes non - profits as "community based
organizations that provide recreation services, mainly for children and youth. Founded
as private, non - profit organizations beginning around the mid- 1800's to meet social
service needs. Social services are activities and programs designed to promote
people's social well- being, and they are provided by philanthropic organizations (p 30)."
A for - profit or commercial recreation business is defined in the textbook Introduction to
Commercial Recreation and Tourism as "The provision of recreation related products or
services by private enterprises for a fee, with the long term intent of being profitable
(Crossley, Jamieson & Brayley, 2007, p 8)." Privately owned for - profit businesses make
money by specifically catering their recreation goods and services to a target market
that has the ability to pay fair market prices in a competitive system (Stevens, 2010).
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In the recent past, there has been a movement to commercialized public recreation.
There are very few examples of successful aquatic operations in this region under this
philosophical orientation. The two closest aquatic venues which have consistently
shown promise as commercialized public recreation operations are The Sequim Aquatic
Recreation Center and Renton's Henry Moses Aquatic Center.
The Sequim Aquatic Recreation Center, ran by the Clallam County Park and Recreation
District, has been one of the few year -round indoor aquatic operations to run without
any public subsidy for their complete operations. The building was originally built with a
$2.8 million general obligation bond and was subsidized seven of its first eight years of
operation before becoming a complete tax free operation. Today, the 30,000 square
foot multipurpose aquatic recreation center generates approximately $900K per year
from both admissions /memberships and per capita spending.
Renton built the Henry Moses Aquatic Center as a full scale community based outdoor
waterpark with a general obligation bond that funded its construction. Over the past
decade, it has been able to generate the necessary revenue to covers it seasonal
operation costs.
A number of things combine to make both these aquatic operations profitable:
• their physical location in their communities
• the specific demographics of the community, which are significant factors of the
people buying the services
• large regional draw to their facilities
• the uniqueness of their offerings
• membership based with higher than average prices and affluent users
• extensive marketing efforts over time
Public- private partnerships have been used to operate a number of pools in the region.
The private partner could be a for - profit commercial recreation business or a non - profit
entity. There are a few examples of public - private partnerships in this region that
municipal governments have used to operate the swimming pools within their
community. A couple of examples are:
• the non - profit Northwest Center operated Mercer Island's Mary Waite Pool
• the Aquatic Management Group's operation of Mount Rainer Pool in partnership
with the Des Moines Pool Metro Park District and the Kent Meridian Pool in
partnership with the City of Kent.
There are examples of municipal pools being operated by the local YMCA under a
partnership agreement in the Northwest, but none that we are familiar with in the King
County area. The Eastmont Pool in Wenatchee, WA, the Twin Falls, Idaho and the
\Nest Boise YMCA are all municipally owned aquatic facilities that are operated by the
YMCA. The West Boise YMCA pool -wise is equal in size to the Weyerhaeuser King
County Aquatic Center and the Y does an exceptional job of operating the venue.
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Advantages & Disadvantages of Each Style
The advantages of an aquatic facility being operated under the public recreation
philosophical orientation is that a community pool should be committed to serve the
public good and to ensure that services are accessible to everyone in the community.
Public recreation services and facilities, in general:
• reduce juvenile delinquency
• build community
• reduce crime rates
• increase property values
• attract residence and businesses
• provide physical, social and psychological benefits to individual community
members that choose to use the services
All of these taken as a whole add to the quality of life within a community, important to
the common good. Most municipal governments are financially stable and are the
revenue source that provides the needed funds to keep the operation viable.
When a public agency provides a pool to serve all citizens for the common good it
typically chooses to subsidize the operation through the collection of tax revenue. It
then ensures that fees are set at a level that the public has the ability to pay. Obviously
there will be a tax burden on the owners of property within the district. The mill rate
established for the Tukwila MPD is 15 cents per $1000, which is a very reasonable
burden on the property owners within the district, given the pool's current level of
service. The mill rate is less compared to the other MPD rates we have recently
reviewed.
Tukwila has 24.3% of the population below the poverty line (STP via QuickFacts).
Some consideration should be given to the agency offering additional free or reduced
price programming based on income levels, age (youth & seniors) or other demographic
factors. Tukwila should continue to expand the scholarship program to show good will,
given this level of poverty and the lower income levels within the community. When the
Sequim Aquatic Recreation Center initially opened they offered three hours a week of
free swims for those in the community who may not have the ability to pay admission
rates. This is typically something private firms would not consider doing. Addressing
the financially disadvantaged in a community would be more readily embraced by
municipal services or a non - profit's mission than a for - profit commercial entity.
Government entities are not known for their efficiencies. The salaries and benefits paid
to their employees may be more than a non - profit or for - profit entity. Unionized
municipal employees have bargaining units that create financial obligations that can be
higher than their non - unionized counterparts in other agencies or companies. The non-
profit and for - profit entities that don't have union obligations are more mobile and
typically have less labor costs per hour of their operational budget.
Government budgeting can come with restrictions. Starting new programs that were not
planned in the current fiscal year may be deferred until the following year as a result of
needing proper line item allocation. In essence, requests for new revenue generating
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programming cannot be started until they are adequately budgeted and properly
accounted for. Although, government budgeting has started to change to allow for new
kinds of accounts. The use of enterprise funds provides good accountability but
encourages more entrepreneurial efforts and looks at a return on investment similar to
the private sector.
Government entities typically spend every dime provided the unit by line item during a
fiscal year, particularly where an ending fund balance is not allowed to roll forward to
become the starting balance. There is no incentive to create savings per line item or
little incentive to increase revenue to off -set expenses. Allowing ending fund balances to
roll forward to be added to beginning balances creates greater incentives for the budget
to be managed in a way that address this common pitfall of traditional government
financial management.
Taking financial risks is not looked upon as a wise decision in municipal government
operations for good reason. Should public employees gamble with the tax payer's
money? Most would say yes only if the gamble was guaranteed to pay off every time.
But, what happens if it doesn't? The loss of the public's trust is so critical that
government employees make conservative decisions that have little to no risk. Add to
the conservatism with the attitudes of "we have always done it this way" and "if it's not
broken, don't fix it ". This combination is more prevalent in government settings,
consistently setting them up to limit change.
There are a number of non - profits that have rich backgrounds in running swimming
pools for their constituents. The Salvation Army, YMCA and YWCA have operated
swimming pools for decades in their associations. The YMCA operates more swimming
pools and aquatic facilities than any other single entity in the United States. The Y has
their own national aquatic certification programs: lifeguarding, learn to swim and pool
operations (Pool Operator on Location). Their certification programs are recognized by
most state aquatic codes and are less expensive in terms of cost of certification to the
participant and the organizations sponsoring the trainings. As with any large
organization there is a spectrum of quality within the operations. We have seen
exceptionally operated aquatic programs and horribly managed aquatic venues within
the YMCA.
Comparison of Parallel Communities with Each Style
This section of the report provides a comparison of how some of the forward thrust
pools have been operated since they were transferred from King County to the adjacent
communities. It may be helpful to understand the various routes that have been taken
and the successes and failures along the way, particularly if the MPD plans on making a
change in how the pools are operated.
Mount Rainer Pool was operated initially by the City of Des Moines after the transfer
from King County. They provided minimal upgrades during the time they initially
operated it. City staff managed the operation and day to day supervision
responsibilities. Aquatic Management Group was contracted by the City to operate the
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pool until the time the City decided to step away financially. With voter approval the
pool is now supported by the Des Moines Pool MPD. Through the MPD, financial
support has been provided to continue to operate the pool and AMG has maintained the
contract. Although the pool has remained opened, we are directly aware that the pool
has been operated or maintained below the standard of care in the aquatic industry.
Various operators of this pool have failed to meet both federal and state codes in a
number of ways. This fact is one of the reasons we would caution the MPD
commissioners when considering an alternative contract to operate the Tukwila Pool.
Mary Waite Pool on Mercer Island has been operated by both non - profit and for - profit
entities with an annual financial subsidy of $100,000 from the City of Mercer Island.
This subsidy ensures that the pool continued to provide services after the transfer from
King County to the School District. The city has provided no policy or management
oversight in the pool's operation, only the financial assistance since the transfer. We
have done three separate studies over the past decade for the City of Mercer Island,
are familiar with the pool, and know at least two of the previous operators. With over 50
competitive events a year scheduled at Mary Waite prior to the transfer, we are not
surprised that a privately held competitive swim club is operating this pool today. Mary
Waite as it is currently operated is more of a competitive venue than a community pool.
Affluent communities tend to have more success with private - public partnerships. This
may be one reason why a private competitive club is successfully operating the pool on
Mercer Island. The mean income in Mercer Island is over twice the state's mean and
the poverty level is 2.7% of the city's population (STP QuickFacts). There has been a
change of pool operators twice in ten years. Each time generating news articles
surrounding the pool's uncertain future. If the pool was being operated by an MPD or
some form of municipal government this press would have been directed to a board of
commissioners. Tukwila's commissioners should note that finding long -term committed
third party operators may be a challenge.
Kent's forward thrust pool functions similar to Mercer Island's. The City of Kent
provides $100,000 or more as a subsidy to the pool operator. AMG operates both Des
Moines' and Kent's pools. We are not familiar with the operation at Kent, but we are
with Mount Rainer Pool. We would expect to find similar issues and concerns to those
we found in Des Moines.
A private for - profit service that would contract to operate the pool may choose not to
incur all of the fixed and variable costs to operate, and in some cases may even side
step the essential support services to save costs. If a private firm needed essential
services, they may be able to obtain them through outsourcing. Financially this may
provide some savings, but it is hard to quantify. If something essential was by- passed
to save money, it could create a greater exposure in terms of risk for the MPD.
Let's set a possible scenario of a private firm operating the pool and creating a
contractual savings for the MPD of $200K annually. We would recommend looking
closely at the level of service and the support services. It is important to analyze what
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would be reduced for cost saving in the short run and if it is possible to maintain that
reduction over the long term. This may become short term savings for a limited time.
During the pre- contract analysis, it is imperative that future services be parallel to the
services currently provided, if that is the expectation of the MPD. Asking some hard
questions of the potential private operator should include:
• If the information desk is staffed during all hours of operation?
• What level of programming is provided?
• What is the level of lifeguard services during all times of use?
• Will there be a reduction in hours of operation or services that is not in the best
interest of the community?
You should scrutinize the pools that are ran by a private for - profit company because you
may be making compromises to safety or the level of service that is counter to the role
of the MPD. Professionally, we haven't seen a commercial firm locally that would
ensure excellent customer service, great aquatic programming and safe -code compliant
aquatic operations. We do not know of a single commercial firm that we would highly
recommend as a pool operator in this region. It should be noted that the private
management companies operating Kent, Mt. Rainer and Mary Waite pools are paying
the least amount per hour for the lifeguards that are employed by them, ultimately
creating a significant savings over the 12 months of the operations.
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2012 -2013 MPD Support Services Summary
25,000
20,000
15,000
10,000
5,000
2012 Total = $126,926
2013 YTD = $ 111,174
7,500 Monthly
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82
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: David Cline, City Administrator
DATE: November 26, 2013
SUBJECT: Community Schools Collaboration Funding Shortfall
ISSUE
The Community Schools Collaboration (CSC) is currently faced with financial sustainability
issues, and may need to significantly reduce its extended day — afterschool programs and
services in the Tukwila School District if additional funding is not secured.
BACKGROUND
Community Schools Collaboration is a non-profit organization that began in 1998. CSC
utilizes the nationally recognized, research-based "full-service community schools"
model, combining direct services with strong partnerships with families, cities, school
districts, and other community-based organizations.
The City recognizes that these extended-day— afterschool programs and services are
greatly needed by our residents. In the past, the City provided in-kind assistance to
assist the CSC program, and in more recent years in-kind services have been replaced
with direct funding.
The Tukwila School District has also been a partner with the City in endeavors to support CSC.
DISCUSSION
Without additional funds, CSC will need to substantially reduce program offerings in Tukwila.
City staff is seeking Council policy direction on how to proceed with this matter.
FINANCIAL IMPACT
Currently, the City has committed to providing CSC $100,000 annually in the 2013-14 biennial
budget. This is approximately 20% of CSC funding sources.
RECOMMENDATION
No recommendation at this time; for discussion only.
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