HomeMy WebLinkAboutCOW 2006-01-23 COMPLETE AGENDA PACKET Council City a w
uTkil Cit Ci
�,r►,�, Agenda
g f J te COMMITTEE OF THE WHOLE
vo
:vas, 4 Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez
"0 Rhonda Berry, City Administrator Pam Carter Jim Haggerton
Dennis Robertson, Council President Pamela Linder Verna Griffin
Monday, January 23, 2006; 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. CITIZEN At this time, you are invited to comment on items not included on this
COMMENT agenda. To comment on an item listed on this agenda, please save your
comments until the issue is presented for discussion.
3. SPECIAL a. An interlocal agreement with the City of SeaTac for a jointly -run minor
ISSUES home repair program.
b. An interlocal agreement with the City of Federal Way for planning,
funding and implementing an organizational capacity building pilot
program.
c. A resolution for sole source purchase of sewer /surface water video
pipeline inspection equipment.
d. Fire apparatus replacement bids aerial ladder.
e. Fire apparatus replacement bids two engines.
f. A contract with Kenyon Disend, PLLC, for legal services.
g. A contract with Ball Janik, LLP, for lobbying services.
h. A contract with M. J. Durkan, Inc., for lobbying services.
4. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
5. MISCELLANEOUS
6. EXECUTIVE SESSION
7. ADJOURN TO SPECIAL MEETING
SPECIAL MEETING
Ord 2113 Res #1602
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. CONSENT Approval of vouchers.
AGENDA
3. OLD BUSINESS
4. NEW BUSINESS
5. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office 206 433 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
1
;1\1; 'wq.., CO UNCIL A GENDA SYNOPSIS
Initials ITEM NO.
Q �1U. 1 Meeting Date Prepared by Mayor's review (C nczl review
V 1 r a t r= 1/23/06 1 EB 1 Y.fi- 1 1 or
y( I 1 1
7968
=ITEM INFORMATION
I CAS NUMBER: 06-003 I ORIGINAL AGENDA DATE: 1/ 23106
AGENDA ITEM TILE Interlocal agreement between the City of Tukwila and the City of SeaTac
CATEGOR Discussion Motion Resolution Ordinance Bzd Award Public Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date kItg HV Mtg Date
I SPONSOR Adm DCD Fire Legal PAR Police PW
i
o un c Ivia ,iv F znarice
SPONSORS o ffice or I services seeks to enter into an agreement with the City of SeaTac for the
SUMMARY purpose of delivering a jointly run minor home repair.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/10/06
RECOMMENDATIONS:
SPONSOR/ADMIN. Authorize Mayor to sign agreement
CoMMITrEE Move to full Council for discussiohn
COST °IMPACT =I FUND S OURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$40,000 $40,000
Fund Source: COMMUNITY DEVELOPMENT BLOCK GRANT
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
MTG. ATTACHMENTS
1/ 23/06 I Staff memo 1/04/06
Proposed interlocal agreement
I Human Services Budget Goals 2005
Community Affairs and Parks Cmte mtg. mins. of 1/10/06
I I
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor's Offffie, Community and Parks
Evie Boykanf'i1:uman Services
January 4,2006
Proposed Interlocal Agreement between the City of SeaTac and the City of
Tukwila for planning, funding and implementing a joint minor home repair
program in 2006
ISSUE
Tukwila and SeaTac seek to enter into an agreement to deliver a jointly run minor home repair
program for low and moderate income residents. The program is funded through the Community
Development Block Grant funds.
BACKGROUND
Prior to 2006: our respective cities each had a contract with King County. In an effort to create
administrative efficiencies the County requires larger and less contracts. In 2005 we were
awarded $40,000 to cover minor home repair needs for both SeaTac and Tukwila. Council
supported submission of this proposal to King County in September 2005.
DISCUSSIONI ANAL YSIS/AL TERNATIVES
Committee needs to review agreement and forward to full Council for discussion.
RECOMMENDATION
Recommend that Council supports the interlocal agreement and authorizes the Mayor's
signature.
Attachments:
Interlocal agreement
[IDrnffi~u
INTERLOCAL AGREKMENT BETWEEN THE CITY OF SEATAC
AND THE CITY OF TUKWILA FOR PLANNING, FUNDING, Ai'JD
IlVIPLKMENTATION OF A JOINT MINOR HOME REPAIR
PROGRAM IN 2006
THIS INTERLOCAL AGREElVlENT ("Interlocal") is entered mto pursuant to
Chapter 39.34 RCW, the Interlocal CooperatlOn Act, by the City of SeaTac ("SeaTac")
and the City of Tukwila ("Tukwila"), hereinafter referred to as "City" or "Cities," to
provide for planning, fundmg, and implementation of a minor home repair program.
WHEREAS, the Cities engage in activities WhICh support human service
providers in King County; and
WHEREAS, the Cities wish to make the most efficient use of their resources by
cooperating to provide funding to support human service providers in south King County;
and
WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the
Cities have the authority to engage in cooperative efforts that will result in more efficient
use of government resources;
NOW, THEREFORE, and in consideration of the tel111s, conditions, and
perfonnances made herein, it is agreed as follows:
1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement
between the Cities to consolidate the human services application and funding process for
a minor home repair program. This Interlocal will increase the efficiency of
administering the program while decreasing administrative costs.
2. Responsibilities.
A. Tukwila's Duties.
I) Contract and act as the fiscal and administrative agent wIth King
County for the implementation of a Block Grant for a minor home repair program for
both Tukwila and SeaTac, as detailed in Exhibit "A."
Joint Human Services Application and Funding MOD
Page 1 of 1
C:\I\!y Documents\minor home repair\Interlocal- Human Services 12-19.doc
3
2) Maintain required documentation and prepare required reports for
Kmg County consistent with the County's requirements regarding the use of Commumty
Development Block Grant funds.
3) Mamtain accounts and records that properly reflect transactiOns related
to tills lnterlocal.
4) Responsible for all monies paid pursuant to this Interlocal.
5) Responsible for the implementation of the minor home repair program
within Tukwila in accordance ~ith tenns specified in the Block Grant contract between
Tukwila and King County.
6) Review and pay mVOIces for any servIces performed ill Tukwila
pursuant to this Interlocal.
7) Reimburse SeaTac on a monthly basis for any InVOICeS received
pursuant to this Interlocal.
B. SeaTac's Duties.
1) Responsible for the implementation of the minor home repair program
within SeaTac in accordance with terms specified in the Block Grant contract between
Tukwila and King County.
2) Review and pay InVOICeS for any servIces performed In SeaTac
pursuant to this lnterlocal.
3) Remit invoices to Tukwila for reimbursement.
C. Cities' Joint Duties.
1) Subcontract with an agency/contractors that will perform qualified
home repairs in both Tukwila and SeaTac in accordance wIth KIng County's Block Grant
program.
2) Neither City shall use more funds than have been agreed upon as
referenced in Exhibit A.
3. Duration. This Interlocal shall become effective when it is approved by the
Cities and shall remain in effect through December 31, 2006.
4. Tennination. Either City may tenninate this Interlocal without cause by
giving the other City a thirty-day wntten notice. The tenninating City shall remain fully
responsible for meeting its funding responsibilities and other obligations established by
this lnterlocal through the end ofthe calendar year in WhICh such notIce is gIven.
Joint Human Services Application and Funding MOD
Page 2 of2
C:\J'v!y Documents\minor home repairllnterlocal - Human Services 12-19.docFinal MOV - April 3, 2003
5. Notices. Notices to the Cities shall be sent to the following persons:
City Contact
SeaTac Human Services Coordinator, currently Kathy Black
4800 S. 188th Street, SeaTac, W A 98188
206.973.4815; kblack@ci.seatac.wa.us
Tukwila Human Services Manager, currently Evelyn Boykan
6200 Southcenter Blvd, Tukwila, W A 98188
206-433-7180 eboykan@ci.tukwila.wa.us
6. Indemnification.
Each City agrees to indemnify the other City from any claims, damages, losses,
and costs, mcluding, but not limited to, attorney's fees and litigation costs arising out of
claims by third parties for breach of contract, property damage, and bodily inJury,
including death, caused solely by the negligence or willful misconduct of such CIty, the
City's employees, affiliated corporations, officers, and lower tier subcontractors in
connection with this Interlocal.
Each City hereby waives its immunity under Title 51 of the Revised Code of
Washington for claims of any type brought by any City agent or employee against the
other City. Tlus waiver is specifically negotiated by the parties and a portion of the
CIty'S payment hereunder is expressly made the consideration for this waiver.
7. Insurance. Each City shall procure and maintain in full force throughout the
duration of the Interlocal comprehensive general liability insurance with a minimum
coverage of $1,000,000.00 per occurrence/aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self-insured cities, the City
shall provide proof of such membership in lieu of the insurance requirement above. Such
self-insurance shall provide coverage equal to or greater than that required of non-self
insurance pool member Cities.
8. Applicable Law; Venue; Attorney's Fees. This Interlocal 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
Interlocal, the parties specifically understand and agree that venue shall be exclusively m
King County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
9. Counterparts. This document may be executed in any number of counterparts,
each of which shall be considered an original.
10. Amendment or Modification. This Interlocal may be amended or modified in
writing with the mutual consent of both Cities.
Joint Human Services Application and Funding MOD
Page 3 of3
C:\!'vly Docwnents\minor home repairlInterlocal - Human Services 12-] 9.docFinal MOU - April 3, 2003
IN WITNESS WHEREOF, the undersigned have entered into thIS Interlocal as of
this day of , 2006.
CITY OF SEATAC
CITY OF TUKWILA
By:
By:
Craig Ward
Title: City Manager
Steven M. Mullet, Mayor
Date:
Date:
Attest:
rPrinted Name 1
Title:
Attest:
fPrinted Name 1
Title:
Approved As To Fonn:
Approved As To Fonn:
Mary Mirante-Bartolo, CIty Attorney
Shelley M. Kerslake, City Attorney
Jomt Human Services Application and Fundmg MOD
Page 4 of 4
C:""ly Documents\minor home repaii\Interlocal - Human Services I2-19.docFinal MOU - April 3. 2003
EXHIBIT A
to
Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint
Minor Home Repair Program
CALENDAR YEAR 2006
Name of Agencies Participating Cities & Funding
HomeTask.com and other qualified Tukwila - Lead City $18,000
contractors SeaTac $22,000
\ TOTAL $40,000
Joint Human Services Application and Fundlllg MOD
Page 5 of 5
Human Services Budget Goals 2005
HUMAN SERVICES
2005 End of Year Summary
We successfully implemented a new minor home repair program, provided resource
linkages for Katrina evacuees, engaged community in human services plan, and updated
human servIces brochures. We increased communication with the faith based community.
IM'vDeveloped a Tukwila walking trails map in conjunction with King County Health
. Department.
4th QUARTER SIGNIFICANT ISSU~S - 3rd Tukwila house leased to Way Back Inn, Human
Services plan completed, Awarded CDBG funds for 2006 Minor Home Repair program, Worked
on Interlocal agreement with SeaTac. Met with most non-profit contractors Exhausted rental
assistance funds. Planned for capacity building process in 2006.
BUDGET PROGRAM GOALS
1. Implement, manaQe and monitor 2005 contracts. Of the contracted providers, 85% will meet
90% of contract Qoals:.Accomplished
2. ManaQe 2005 Community Development Block Grant proQram. HouslnQ related proiects will
have fully spent 90% of funds..Accomplished - 22 households assisted with minor home
repair
3. Provide information and referral services to 900 residents and community requests'.
4. Support reQional human service initiatives: revise South KinQ County common application,
brief City of proQress of Northwest Area Foundation:.Council briefed on BuRSST, work
continues on common application.
5. Support inteQration of human services across City departments: enQaQe cross-departmental
involvement in community assessment update: Human Services plan completed and
shared with departments, Council. Continued work on Crime Hotspots, coordination
with Code Enforcement, Police, Planning, Parks and Recreation. I~~t...v-hc..zp~d l1'")
6. Assist in relocation efforts. Provide staff support as requested throuQhout the City'. ,(13
7. EncouraQe volunteer opportunities; brinQ Human Services Advisory Board to full 1~-zQ_h~ (
capacity: Two new members appointed. --'J/
Community Affairs and Parks Committee
January 10, 2006
Present
Joan Hernandez, Chair; Joe Duffie, Pamela Linder
Steve Lancaster, Bob BenedIcto, Evelyn Boykan, Lucy Lauterbach, citizen Chuck
Parrish
1. Plumbing Code Bob BenedIcto, Building Official, explamed that In 1964 the City had an
agreement with Seattle-King County Public Health that their DIrector would be TukwIla's
health officer. During the 1980's the relationship between Public Health and King County cites
changed as cities stopped paying fees charged by Public Health. As the main duties Tuhvila
used King County for were approving plumbing and fuel gas permits (as well as enforcing Public
Health standards in restaurants), Tub-vila assumed the plumbing permIts would remain wIth
King County. No interlocal specifically covered that function.
The City is now beginning to transfer the responsibility for plumbing and fuel gas permits to the
CIty. There are currently two bUIldmg inspectors, one of whom is certified as a plumbing
inspector, and a third inspector positIOn will be filled wIth a person trained in and knowled~eable
about the code. King County WIll continue permittmg and inspections through February 2S1 .
Joan asked if our fees would be similar to other cities' fees, and Bob said they were slightly
lower than King County's fees, and close to SeaTac's charges. The Umform Plumbing Code and
International Fuel Gas Code will need to be adopted. Committee recommended adoption of
necessary codes and approval of City assuming new plumbing and fuel gas permit
responsib Hities.
*
2. Interlocal with SeaTac Evie discussed how the application for CDBG funding had changed
this year. One result is that Tub-vila and SeaTac jointly applied for minor home repair funds for
income-eligible residents. Tub-vila will sign the application to King County. EVIe reported that
she has already heard from some residents who would like to apply for these funds this year.
Tukwila will serve as the financing officer for the funds. Committee recommendation of
authorizing mayor's signature on interlocal agreement to CO\V and Re2ular Meetings for
approval.
3. Interlocal with Federal \Vav for Pilot Program A non-profit group will help both
Tukwila and Federal Way personnel help small non-profit companies in their respective cItIes.
Evie has chosen to help the Tu'hvila Food Pantry as a pilot program to see if their program can
be more efficient and effective with the resources they have. The cost of helping them is $5,250.
Federal vVay will act as the fiscal agent for this project. Recommend approving interlocal to
COW and Regular Meetings.
I
~ Committee chair approval
COUNCIL A GENDA SYNOPSIS
0 J 2 Inttzals ITEm No.
1 a I Meeting Date 1 Prepared by I Mayor's review 1 ct review 1
i .1 1/23/06 1 EB I IB C
isoa
1 I 3
ITEM INFORMATION
CAS NUMBER: 06-004 (Ref. 04-111) I ORIGINAL AGENDA DATE: 1/ 23/06 (Res 8-9-04)
AGENDA ITEM TITLE Interlocal agreement between the City of Tukwila and the City of Federal Way
CATEGOR Discussion Motion Resolution Ordinance Bzd Award Public Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Yt Ba N Mtg Date
SPONSOR Adm DCD Fire Legal P &R Police PW I
C o un c Ivia Sv 1 arzce
SPONSORS office oruiuman gervices seeks to enter into an agreement with the City of Federal Way
SUMMARY for the purpose of piloting a organizational capacity building project designed to
strengthen the abilities and knowledge of small, mostly volunteer run organizations. The
pilot would include one program serving Tukwila and one program serving Federal Way.
REVIEWED BY COW Mtg. I CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/10/06
RECOMMENDATIONS:
SPONSOR/ADMIN. Authorize Mayor to sign agreement
CoMMITrEE Move to full Council for discussiohn
COsi. imOACT=i FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$5,250 $5,250
Fund Source: PROFESSIONAL SERVICES HUMAN SERVICES GENERAL FUND
Comments:
MTG. DATE: I RE=CORD OF .COUNCIL= ACTION
MTG. DATE_ ATTACHMENTS
1/23/06 Staff memo 1/04/06
Proposed i nterl ocal agreement
Community Affairs and Parks Cmte mtg. mins. of 1/10/06
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mun~t, Community and Parks
Evie Boykah?Human Services
January 4,2006
Proposed Interlocal Agreement between the City of Federal Way and the City of
Tukwila for planning, funding an implementing an organizational capacity
building pilot program in 2006
ISSUE \
The Human Service Managers of Federal Way and Tukwila would like to pilot an organizational
capacity building program designed to strengthen the abilities and knowledge of small, grass-
roots agencies.
BACKGROUND
Cities fund a variety of small, mostly volunteer driven human service organizations which are
challenged by board development, fund-raising, volunteer recruitment, etc. While
acknowledging that operational funding is important, at times, there is a need for a more strategic
approach which helps the agency assess it's own strengths and areas of weakness and make plans
to move forward.
DISCUSSION/ANAL YSIS/AL TERNATIVES
The proposed pilot program will identify one agency in Tukwila and one agency in Federal to
receive guidance in self assessment and capacity building/organizational effectiveness. The
Tukwila Food Pantry has been identified as the Tukwila agency. The Tukwila pantry Board has
been approached and indicated receptivity for the project. The Human Services Division will
contribute $5,250 to the effort. This represents half of the proposed costs for the two programs.
This project is consistent with Human Service goal of capacity building as identified in the 2005
Human Services Plan
RECOMMENDATION
Administration supports staff recommendations
attachments: Interlocal agreement
After recording, return to
Human Services Manager
City of Federal Way
33325 8th Ave S
PO Box 9718
Federal Way, WA 98063-9718
fYI. i rrJ lri.\~^" ~Ur'L, ~
~ lILl lJ.j u
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
FEDERAL WAY AND THE CITY OF TUKWILA FOR
PLANNING, FUNDING, AND IMPLEMENTATION OF AN
ORGANIZATIONAL CAPACITY BUILDING PILOT
PROGRAM IN 2006
This Interlocal Agreement ("Interlocal") is made and entered into pursuant to Chapter 39.34
RCW by and between the City of Federal Way ("Federal Way"), a Washington municipal
corporation, and the City of Tukwila ("Tukwila"), a Washington municipal corporatIOn,
hereinafter referred to as "Cities", to provide for planning, funding, and implementation of an
Organizational Capacity Building Pilot Program.
WHEREAS, the Cities engage in activities which support human service providers in King
County for the benefit of the citizens of their respective jurisdictions;
WHEREAS, Federal Way and Tukwila have determined that it would be in the best interests of
the citizens of both jurisdictions if the Cities were to make the most efficient use of their
resources by cooperating to provide funding to improve the organizational effectiveness of small
grassroots human service agencies in both Federal Way and Tukwila; and
WHEREAS, the Interlocal Cooperation Act, as amended and codified in Chapter 39.34 of the
Revised Code of Washington, provides for interlocal cooperation between governmental
agencies, and authorizes the Cities to engage in cooperative efforts which result in more efficient
use of Government resources;
NOW THEREFORE, and in consideration of the terms, conditions and performances made
herein, it is agreed as follows:
1. Purpose: The purpose of this Interlocal is to set up a cooperative arrangement between the
Cities to fund an Organizational Capacity Building Pilot Program that will strengthen the
organizational infrastructure of two small human service nonprofit organizations in Federal Way
and Tukwila. This Interlocal for organizational capacity building will increase the capacity and
knowledge of the staff and board to effectively manage and lead their human service agencies.
Interlocal between the City of Federal Way & City ofTukwila
Page 2 of2
2. Responsibilities:
a. Federal Way's Duties:
1) Contract and act as the fiscal and administrative agent with the consultant hired to
implement the Organizational Capacity Building Pilot Program for both Federal Way and
Tukwila, as detailed in Exhibit A, attached hereto and incorporated by this reference.
2) Maintain required documentation regarding the Organizational Capacity Building Pilot
Program.
3) Maintain accounts and fmancial records that properly reflect transactions related to thIS
Interlocal.
4) Responsible for all monies paid pursuant to this Interlocal.
5) Responsible for the supervision of the consultant as they implement the Organizational
Capacity Building Pilot Program within Federal Way and Tukwila.
6) Review and pay invoices for any services done in Tukwila pursuant to this Interlocal.
7) Return any monies back to the City of Tukwila that Federal Way does not spend, on
behalf of Tukwila, during the calendar year.
b. Tukwila's Duties:
1) Remit the total annual funding allocation approved for the organizational capacity
buildmg pilot program to Federal Way, as described in Exhibit A.
c. Cities Joint Duties:
1) Select assessment tool that will be used to detennine the organizational capacity of the
human service agencies.
2) Attend meetings with the consultant to review infonnation and discuss the progress of
the human service agencies.
3) Identify additional sources of private and philanthropic support for the organizatIOnal
capacity building pilot program.
4) Detennine whether the Organizational Capacity Building Pilot Program be expanded
and replicated to other communities in King County.
5) Share lessons learned with grantmakers, policy makers and other stakeholders.
3. Duration. This Interlocal shall become effective upon execution by the Cities and shall
remain in effect through January 31, 2007.
4. Tennination. Either City may tenninate this Interlocal without cause by giving the other City
a thirty-day written notice. The tenninating party shall remain fully responsible for meeting its
funding responsibilities and other obligations established by this Interlocal through the end ofthe
calendar year in which such notice is given.
5. Contacts. The Cities stipulate that the following persons shall be the contact person for their
respective jurisdiction:
lnterlocal between the City of Federal Way & City ofTukwila
Page 3 of3
City Contact
Federal Way Human Services Manager, currently Angelina Allen -
Mpyisi
P.O. Box 9718
Federal Way, W A 98063-9718
. (253) 835-2650;
angelina.allenmpyisi@cityoffederalway.com
Tukwila Human Services Manager, currently Evelyn Boykan
Mayor's Office - 6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-7180; Eboykan@ci.tukwila.wa.us
6. Notices. Any notices required to be given by the Cities shall be delivered at the
addresses set forth above in Section 7. Any notices may be delivered personally to the addressee
of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set
forth above in Section 7. Any notice so posted in the United States mail shall be deemed
received three (3) days after the date of mailing.
7. Indemnification.
Each City agrees to indemnify the other City from any claims, damages, losses, and costs,
including, but not limited to, attorney's fees and litigation costs, arising out of claims by third
parties for breach of contract, property damage and bodily injury, including death, caused solely
by the negligence or willful misconduct of such City, the City's employees, affiliated
corporations, officers, and lower tier subcontractors in connection with this Interlocal.
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for
claims of any type brought by any City agent or employee against the other City. This waiver is
specifically negotiated by the parties and a portion of the City's payment hereunder is expressly
made the consideration for this waiver.
8. Insurance. Each City shall procure and maintain in full force throughout the duration of
the Agreement comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 per occurrence/aggregate for personal injury and property damage. In the event
that a City is a member of a pool of self-insured cities, the City shall provide proof of such
membership in lieu of the insurance requirement above. Such self-insurance shall provide
coverage equal to or greater that required of non-self insurance pool member Cities.
9. Filing. A copy of this Interlocal shall be filed with the City Clerk of the City of Federal
Way, and the City Clerk of the City of Tukwila, and recorded with the King County Auditor.
10. 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,
Interlocal between the CIty of Federal Way & City ofTukwila
Page 4 of 4
arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be exclusively in King County, Washington.
The prevailing party III any such action shall be entitled to its attorney's fees and costs of suit.
11. Confidentiality. All information regarding Federal Way obtained by TukwIla III
performance of this Interlocal shall be considered confidential to the fullest extent allowable
under the law. In the event that Tukwila receives a public records request for records covered by
or related to this Interlocal, Tukwila agrees to provide Federal Way 14 days notIce prior to
Tukwila's release of any records.
12. General Provisions. This Interlocal contains all of the agreements of the Cities with
respect to any matter covered or mentioned in this Interlocal. No provision of this Interlocal may
be amended or modified except by written agreement signed by the Cities. Neither City shall
have the right to transfer or assign, in whole or in part, any or all of its obligations and rights
hereunder without the prior written consent of the other City. Subject to the foregoing term, this
Interlocal shall be binding upon and inure to the benefit of the Cities' successors in interest, heirs
and assigns. Any provision ofthis Interlocal, which is declared invalid or illegal shall in no way,
affect or invalidate any other provision. In the event either of the Cities defaults on the
performance of any terms of this InterlocaI or either City places the enforcement of this
Interlocal in the hands of an attorney, or files a lawsuit, each City shall pay all its own attorneys'
fees, costs and expenses. The venue for any dispute related to this Interlocal shall be King
County, Washington. Failure ofthe Cities to declare any breach or default immediately upon the
occurrence thereof, or delay in taking any action in connection with, shall not waive such breach
or default. Time is ofthe essence of this Agreement and each and all of its provisions in WhICh
performance is a factor. This Interlocal may be executed in any number of counterparts, each
one that shall be considered an original.
13. Equal Opportunity to Draft. The Cities have participated and had an equal opportunity to
participate in the drafting of this Interlocal. No ambiguity shall be construed against any City
upon a claim that that party drafted the ambiguous language.
IN WITNESS WHEREOF, the undersigned have hereunto placed their hand and seals on the day
and year indicated.
CITY OF TUKWILA
CITY OF FEDERAL WAY
Steven M. Mullet, Mayor
BY:
Derek Matheson, Interim City Manager
BY:
Date:
Date:
ATTEST: This _ day of
ATTEST: This _ day of
Interlocal between the City of Federal Way & City of Tukwila
Page 5 of5
2006.
Approved as to Form
for City of Tukwila
Shelley M. Kerslake, City Attorney
2006.
Laura Hathaway, CMC,
Federal Way City Clerk
Approved as to Form
for City of Federal Way
Patricia A. Richardson,
Federal Way City Attorney
lnterlocal between the City of Federal Way & City ofTukwila
Page 60f6
EXHIBIT A
Brief Description
The OrganizatIOnal Capacity Building Pilot (OCBP) program is a collaborative program of the
City of Federal Way and the City of Tukwila. This capacity bUIlding strategy is designed to
increase the organizational effectiveness of small grassroots human service agencies ill Federal
Way and Tukwila. Through the program these organizations will learn techniques to
successfully govern and manage themselves, develop assets and resources, forge and maintain
community linkages, and continue t? deliver valued services in Federal Way and Tukwila.
Goals
· Strengthen the organizational inftastructure of small grassroots human service
organizations in Federal Way and Tukwila.
· Increase the capacity and knowledge ofthe staff and board to effectively manage and
lead their human service agencies.
· Share lessons learned with other grantmakers, policy makers and other stakeholders to
expand and replicate this model in other communities in King County.
An outside consultant with expertise in nonprofit capacity building will be hired to work with
each participating group to expand their capacity for effectiveness and sustainability.
During the assessment phase, a self-evaluation tool will be administered and analyzed, pertinent
documents (by laws, policies, board records, financial reports, etc.) will be analyzed and selected
individuals may be interviewed. The assessment will look at the present capacity of two human
service organizations and will identify what is working well and what is needed to help the
organizations become stronger and better able to fulfill their mission. The assessment phase will
conclude with the presentation of a report to each organization identifying areas for attention and
recommendations for action.
The planning phase will begin with at least one extended planning session, led by the consultant
and involving the board of directors and key staff members. The result ofthis session will be the
identification of three to six capacity-building goals for implementation. Subsequently a plan
will be developed by the organization, with the assistance of the consultant. The plan wIll
include:
1. Strategies or methods that best allow it to get stronger in each prionty area;
2. Who will lead the effort in each area and by when;
3. How the organization will know its been successful in building in each area;
4. How those within the organization will be accountable for following through in areas
that affect them; and
Interlocal between the City of Federal Way & City ofTukwila
Page 7 of?
5. How the organization will integrate what its learned into day-to-day operations.
Plan implementatIOn will be the responsibIlity of each organization and will likely include a
number of components:
[] Education in nonprofit management and governance;
[] Structural changes for the board or the orgamzation;
[] Fund development planning and fund raising; and
[] Additional learning and organizational changes as needed.
In order to assure confidence in the changes they are making and to assist each group in staying
focused on prioritized goals, the consultant will provide "coaching" services during the plan
implementation period. This coaching will include technical assistance, resource identification
and validation of steps being taken to achieve goals.
To determine the success of the pilot project, the final report process will include a repeat
assessment with each organization to determine if changed behavior actually dId take place.
New attitudes, skills and knowledge are just some ofthe potential changed behavior techniques
that could emerge ftom the evaluation.
BUDGET
Name of Agencies Participating Cities &
Tentative Funding
Federal Way Senior Center Federal Way - Lead City -$5,250
and Tukwila Pantry Tukwila - $5,250
TOTAL - $10,500
Community Affairs and Parks Committee
January 10, 2006
Present
Joan Hernandez, Chair; Joe Duffie, Pamela Linder
Steve Lancaster, Bob Benedicto, Evelyn Boykan, Lucy Lauterbach, citizen Chuck
Pamsh
1. Plumbing Code Bob BenedIcto, Building Official, explained that III 1964 the City had an
agreement with Seattle-King County Public Health that their Director would be TukwIla's
health officer. During the 1980's the relationship between Pubhc Health and King County cites
changed as cities stopped paying fees charged by Public Health. As the main duties Tub-vila
used King County for were approving plumbing and fuel gas permits (as well as enforcing Pubhc
Health standards in restaurants), Tukwila assumed the plumbing permits would remain with
King County. No interlocal specifically covered that function.
The City is now beginning to transfer the responsibility for plumbing and fuel gas permits to the
City. There are currently two building inspectors, one of whom is certified as a plumbing
inspector, and a third inspector posItion will be filled with a person trained in and knowledgeable
about the code. King County will continue permitting and inspections through February 28th.
-,
.,
Joan asked if our fees would be similar to other cities' fees, and Bob said they were slightly
lower than King County's fees, and close to SeaTac's charges. The Uniform Plumbing Code and
International Fuel Gas Code will need to be adopted. Committee recommended adoption of
necessary codes and approval of City assuming new plumbing- and fuel g-as permit
responsibilities.
2. Interlocal with SeaTac Evie discussed how the applicatIOn for CDBG funding had changed
this year. One result is that Tukwila and SeaTac jointly applied for minor home repair funds for
income-eligible residents. Tukwila will sign the application to King County. Evie reported that
she has already heard rrom some residents who would like to apply for these funds this year.
Tukwila will serve as the financing officer for the funds. Committee recommendation of
authorizing mayor's signature on interlocal agreement to CO'V and Reg-ular Meetings for
approval.
~
3. Interlocal with Federal 'Yay for Pilot Program A non-profit group will help both
Tukwila and Federal Way personnel help small non-profit companies in their respective citIes.
Evie has chosen to help the Tukwila Food Pantry as a pilot program to see if their program can
be more efficient and effective with the resources they have. The cost of helping them is $5,250.
Federal Way will act as the fiscal agent or this project. Recommend approving interlocal to
CO'V and Regular lVleeting-s.
I
cen-- Committee chair approval
COUNCIL AGENDA SYNOPSIS
Inttzalr ITEMNO.
.dirA i 9 Meeting Date Prepared by I Mayor's review I _council review
*f 1 1/23/06 I PB u'
1 I C
rsos
i I I
1 1
ITEM INFORMATION
CAS NUMBER. 06-005 I ORIGINAL AGENDA DAIE. JANUARY 23, 2006
AGENDA ITEM TITLE Resolution for sole source purchase of Aries pipeline video equipment from
Enviro Clean.
CATEGORY Discussion Motion 13.esolutzon Ordinance BzdAward Public Hearing Other
Mtg Date Mtg Date Mtg Date 1 /23/06 Mtg Date Mtg Date A'Itg Date Mtg Date:
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P &R Police PW
SPONSOR'S The 1993 sewer /surface water truck is due for replacement yet is in good shape with
SUMMARY minimal mileage. However the video equipment installed in the truck is obsolete and
needs to be upgraded for better accuracy and efficiency. The truck is made by Aries and
should be upgraded with the same equipment for a seamless retrofit and nominal training.
Enviro Clean is the only distributor in the Northwest for Aries and a resolution is needed to
declare sole source.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/18/06
RECOMMENDATIONS:
SPoNsoR /ADmE I. Approve Resolution
COD M1'1 iEE Forward to COW and then Regular with approval of resolution
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$51,362.80 $50,000.00 $1,362.80 $0.00
Fund Source: 501 Equipment Rental (page 173, 2006 Budget)
Comments. Difference will come from 412 Surface Water Capital Expenditures with $7, 000 budgeted.
MTG. DATE J RECORD OF COUNCIL ACTION
1/23/06
MTG. DATE ATTACHMENTS
1/23/06 Information Memo dated January 11, 2006 (updated after UC)
Resolution
Utilities Committee Meeting Minutes from January 18, 2006
INFORl\1ATION MEMO
To:
Mayor Mullet
Public Works Directo~
January 11, 2006
Sewer/Surface Water Video Truck System Upgrade
From:
Date:
Subject:
ISSUE
Upgrade the pipeline video equipment and software for the video truck using a sole source.
BACKGROUND
The video truck was purchased in 1993 and is currently due for replacement. The video truck and
equipment has been a valuable asset for the City, helping us to diagnose sewer and storm pipe problems
before they turn into emergencies. As part of the new budget, an Issue and Options paper was
submitted to summarize the alternatives. Since the chassis, drive train, and van box are still in good
service, it was determined that replacing the inside components would be more cost effective. It was
compared as follows:
1. Upgrade equipment and software $50,000
2. Replace video truck for $190,000
3. Do nothing
The existing computer system, software, video format, and peripheral hardware are obsolete but the
truck is still like new. Retrofitting the video truck with new computers, camera, and software would
allow the truck to be used another ten years or longer. It makes little sense to replace a $200K truck
that gets very little mileage. The new digital equipment is smaller and more powerful, allowing for
better accuracy and efficiency. Additionally, staff would have the capability to capture digital images
of pipe conditions or damaged spots that could be e-mailed to engineers and contractors.
Certain internal items such as the large cable reel and winching device to secure and guide the camera
tractor have a shorter service life due to strenuous use. Thus, prudent replacement of the primary use
hardware is essential with the upgrade.
The truck is made by Aries and any updates should be in synch with the original equipment for a
seamless retrofit. Enviro Clean is the only Northwest distributor of Aries and a sole-source resolution
is needed. The apportioned costs are integrated into the new zoom-tilt-pan camera ($19K), the WinCam
software with rack-mounted installation ($26K), along with the cable reel and hardware ($5K) for a
lump sum total with tax of $51,362.80. This is budgeted in 2006 in the 501 Fund as Line 27.
RECOMMENDATION
Approve resolution for sole source purchase of Aries pipeline video equipment and software from
Enviro Clean.
(Poalko\UC 011806 Vt<I:o Truck Sole 50=)
"'-OA!:T
11 ~_';,. .. ... ,
~;.j...' ':.I IJ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING SOLE-SOURCE PURCHASE OF ARIES
INDUSTRIES' PIPELINE INSPECTION SYSTEM FROM ENVIRO-CLEAN
EQUIPMENT, INC.
WHEREAS, the 1993 Sewer and Surface Water Video Truck is scheduled for
replacement, yet is still mechanically sound and operational, with minimal mileage; and
WHEREAS, the truck's existing inspection system, consisting of computer,
software, video equipment and peripheral hardware, as outfitted by Aries Industries, is
obsolete and needs to be upgraded, and
WHEREAS, any equipment updates to the truck-mounted system should be
compatible with the original equipment to ensure a seamless retrofit, with minimal
training; and
WHEREAS, Enviro-Clean Equipment, Inc., is the sole Northwest distributor for
Aries Industries equipment, and they continue to provide excellent service and support;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Public Works is authorized to upgrade the existing sewer and surface water video
truck by purchasing new Aries Industries' pipeline inspection video equipment and
computer system from Enviro-Clean Equipment, Inc., for the lump sum of $51,362.80
RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a Regular Meeting thereof this _ day of , 2006.
A ITEST / AUTHENTICATED'
Dennis Robertson, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY
Office of the City Attorney
Filed with the City Clerk.
Passed by the City Council.
Resolution Number
C.\Docurnents and Settings\All Users\Desktop\Kelly\MSDATA \Resolutions\Aries.doc
GL:ksn 1/20/2006
Page 1 of 1
Utilities Committee
January 18,2006
ftC' -'-'" ftjri~ '; I~' f,"P"""'T';'-
r f? r5~~t; 11-- f;;~2J ~
~ !{. ..f.>>J.... 4;"-"-~~ 1- "
be. I t rf." t
Present:
Jim Haggerton, Chair; Pam Linder, Verna Griffin
Jim Morrow, Frank Iriarte, Bob Giberson, Ryan Larson, Mike Cusick, Pat Brodin,
Lucy Lauterbach; Chuck Panish
1. Solid Waste Update-'Vaste Export King County cunently uses Cedar Hills Landfill for
garbage disposal. That facility is expected to close in 2012, and the County now wants to start
planning to export garbage out ofthe County. Many groups are meeting to develop a Waste
EXpOli System Plan, which will be g~ven to the King County Council April 30, 2006.
Three reports have been completed, and the fomih is being worked on. The reports contain
information about the criteria for deciding what to do with all the County transfer statIOns, and
options for public or private ownership of an intermodal station that will be used to transfer
waste out of the County.. Options for an intermodal station for shipping are for a public facility
at Harbor Island, or a private facility owned by a solid waste company. The fourth report will
contain recommendations for exporting waste.
Bow Lake could be designated as a "full service" facility serving both commercial and self-
haulers, or as a "commercial only" facility. Information.
*
2. Sewer/Surface Water Video Truck Upgrade The sewer and surface water video truck was
built in 1993 and has components that need to be upgraded. The truck itself is fille, but the video
equipment is still VHS-era. Pat said the truck manufacturer worked with operators of the service
to get the best working design and equipment. The new camera and computer systems being
considered are very user-friendly, with a longer system camera that can reach 300', the general
distance between manholes. Replacing the whole truck would cost $190,000, but retrofitting the
camera/computers would cost $50,000. The Committee members expressed their full support for
the upgrade. Full Committee approval~ Recommend issue to COW.
3. 2006 Issues and Goals in Public Works Engineering The Committee reviewed the plans
for work in engineering in 2006. The Allentown/Duwamish water/sewer project will be re-bid
this winter. One issue that will come up later is a request for proposals for a construction
company to be retained and negotiate for each project of construction management they are
asked to perform. Information.
4. 2006 Issues and Goals in Maintenance and Operations Maintenance and Operations have
a full schedule of planned activities for the year. The Water section of the TMC will be re-
written. Dikes will need to be checked for damage and repaired if weakened. Information.
Committee chair appproval
COUNCIL AGENDA SYNOPSIS
0 ITEM No.
1 I ar t za l r
s )I l G S Alee tin,� Date Prepared by Mayor's review 1 ounce review
0, f'= 01/23/06 1 N Oliv 4 K} 1
ii.,...... rsoa
5 cy(
1
1 1
ITEM INFORMATION
CAS NUMBER. 06-006 IORIGINALAGENDA DATE. 1/23 /06
AGENDA ITEM TITLE Fire Apparatus Bids Aerial Ladder
CATEGORY ni Discussion Motion kesolutzon Ordinance Bid Award Public Hearing Other
Mtg Da te 23 Aitg Date kits Date Mtg Date Mtg Date i11tg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV
SPONSOR'S Bids received for replacement aerial ladder truck from Pierce and Ferrara. Recommend
SUMMARY that we award the bid to Pierce. They can meet Wa. State weight restrictions and have
service center in Puyallup. Apparatus will be paid for with funds received from Sound
Transit.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utihties Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. t 1 11/2.004.
RECOMMENDATIONS:
SPONSOR /ADMIN. Award bid to Pierce Manufacturing.
COMMITTEE Award bid to Pierce Manufacturing
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$925,050 $925,050 $0
Fund Source SOUND TRANSIT
Comments
MTG. DATE I RECORD OF COUNCIL ACTION
1/23/06
MTG. DATE I ATTACHMENTS
1/23/06 Information Memo dated 1/18/06; Finance Safety Com. Minutes, 1/17/06
INFORlVIA TION MElVIO
To:
From:
Date:
Subject:
Mayor Mullet
Chief Olivas
January 18,2006
BID AWARD
Project Name: Aerial Ladder replacement
Project No: N/A
ISSUE
Award bid to replace our existing aerial\ladder truck.
BACKGROUND
Our 1992 aerial ladder is due for replacement. Sound Transit agreed to provide money to the
department, in 2004, to replace the aerial in lieu of installing emergency stair towers along the light rail
route in Tubvila. Bids to replace the aerial were opened on December 30, 2005.
ANALYSIS
We received bids from two fire apparatus manufacturers to replace our aerial ladder truck. The bids
were from Ferrara and Pierce. We have recommended acceptance of the Pierce bid because they have
delivered several aerials to this area, meeting the state's strict weight requirements. They have a
service center in Puyallup to deal with any warranty/ repair matters. S~\.e s ~)(. \ ~ ~\(;."'"\<:).+. c:!. ~+
'i'.I%
Bid Amount
WSST (8.8%)
Bid Amount Total
Actual
$847,892
En2ineer's Estimate
Bud2et
N/A
$925,050
N/A
$925,05C
$925,05(
City Contingency (10%)
Total (with contin2enCY)
RECOMMENDATION
A vvard bid to Pierce manufacturing.
Finance and Safety Committee
January 17, 2006
Present:
Pam Carter, Chair; Jim Haggerton, Verna Griffin
Rhonda Berry, Nick Olivas, KevIn Fuhrer, Lucy Lauterbach, Chuck Pamsh
1. Contract for Le2al Services with Kenvon Disend The committee considered the 2006
contract with the Kenyon DIsend firm. The contract IS simIlar to past years' contracts, and
includes a 4% increase in fees Rhonda said one issue Council Members have raised In the past
concerned having the City Attorney available at COW meetings. Although the City Attorney
attends Regular Meetings, she can attend COW meetings if requested to attend, though It would
help if she were notified far ahead of1 tlme so schedules could accommodate the meetmg.
Because code enforcement is becoming more proactlve, more time may be needed for this issue
by the City Attorney's office. Jim H asked if the CIty Attorney gets involved with elected
officials' ethics issues. Rhonda said they cover employees, but it would depend on the
circumstances of the situation whether they could represent the City Councilor Mayor. Jim said
and others agreed Kenyon Disend has done a good job for the City and their increase is
reasonable. Committee approval: recommend contract to COW.
2. Contract with Ball Janik LLC The Ball Janik contract is also similar to last year's contract,
although it has a revised scope of work. Rhonda said Ball Janik's advice is for Tukwila to spread
its requests for funding more broadly than just for transportation projects. The committee thought
that was a good idea. One idea they suggested was to reach immigrants in the Tukwila
community who don't speak English with information about emergency preparedness. That
could be more of a FEMA issue, though Rhonda said she would ask about it. Committee
approval; recommend contract to COvV.
3. Contract with lVI.J. Durkan The 2006 contract for Jamie Durkan is very similar to the 2005
contract. The choice was to have a one-year contract, and to end it when the City felt it was time.
Alternatively, it could be a six-month contract with extensions if necessary. The committee
members agreed a one-year contract was appropriate. Besides the state legislative work JamIe
does for the City, he can also be informative about Seattle and King County issues that are bemg
worked on in advance of public announcements. When talking about reporting from JamIe, the
committee thought some reporting was good, but did not want it to be too detailed if not much is
happening. Full Committee approval: recommend contract to COvV.
*4. Fire Truck Purchases The Fire Department has two aged fire pumper trucks and an aerial
ladder truck that all need to be replaced. Sound Transit is buying the city the ladder truck, but
there are inadequate funds in the budget to buy two pumper trucks. Equipment to outfit the
trucks will also be needed, especially new mobile radios. Although one option would be to buy
the two trucks in 2006, there IS not enough money in the 107 Fund Fire Equipment Cumulative
Reserve fund. The other option would be to order them both but take delivery on one of the two
in January, 2007 so 2007 funds can be used. There are two issues with funding: purchasing the
two trucks when not enough funds are available, and puttmg more general fund money annually
into the Fund 107 fund so future fire trucks can be paId for. Nick recommended bUYing the
Finance and Safety Committee
January 17,2006
Page 2
Pierce Aerial Ladder Truck because the company is located in Puyallup, they are a known
commodity, and they meet the state's stringent weight requirements. Their bid was slightly
higher than the Ferrara bid for the aerial. Ferrara is located in New Orleans, and has not made
any sales in Washington State, though they have sold to California districts. Nick thought
because they are anxious to break into the state, they are offering the two trucks for a very good
price. His department staff have eXan).ined the production of this truck, and believe it is a solid,
well-built fire pumper. Prices betwe~n Pierce and Ferrara were within $74,440 each other on a
$1,00,000 bid, with the Ferrara bid b~ing slightly lower than Pierce bid. The committee
members also tentatively supported the option of getting the two pumpers in two years, though
how to fund the purchases will still need more study. Committee recommendation to accept
Pierce bid on aerial ladder truck: options on two pumper trucks will depend on city
finances.
c/CCommittee Chmr approval
COUNCIL AGENDA SYNOPSIS
ICJ w 9 r 'Sy. Initmis ITE11I N0.
1G I Meeting Date 1 Prepared Gy 1 Mayor's reuse v 1 /'outtctl review 1
c i=
WI I 01/23/06 I N Olivas I
3
ITEM INFORMATION
I CAS NUNIBER. 06-007 I ORIGINAL AGENDA DATE: 1/ 23 /06
AGEND ITI,M TrrLE Fire Apparatus Bids 2 Engines
CATEGORY Dzscusszon Motion kesolutzon Ordinance Bu d Award Public Hearing Other
1/23/06
AN Date Alts Date Mtg Date Mtg Date Mtg Date Mtg Date Altg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S Bids received for replacement of two engines from Pierce and Ferrara. Recommend that
SUMMARY we award the bid to Ferrara. Recommend that we sign a contract for two engines; take
delivery of one in 2006 and one in 2007 to take advantage of bid prices.
The Finance Director will discuss fiscal options.
RI MEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/17/2006
RECOMMENDATIONS:
SPONSOR /ADMIN. Award bid to Ferrara; purchase one in 2006, one in 2007
COMMITTEE Award bid to Ferrara; purchase one in 2006, one in 2007
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,027,848 with equipment $775,000 $252,848
Fund Source 107
Comments
MTG. DATE RECORD OF COUNCIL ACTION
1/23/06
MTG. DATE I ATTACHMENTS
1/23/06 Information Memo dated 1/18/06; Finance Safety Com. Minutes. 1/17/06
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Chief Olivas
January 18,2006
BID AWARD
Project Name: Engine (pumper) replacement
Project No: N/A
ISSUE
A ward bid to replace our existing rese~e engines; move our next two oldest engines into reserve
status.
BACKGROUND
We have two reserve engines that are in need ofreplacement (see memo from Jeff Morton dated
November 13,2004 in the Finance and Safety Agenda packet for the January 17,2004 meeting). In
addition, our 1994 Darley, currently Engine 52 is beginning to experience more frequent! serious
maintenance issues. We solicited bids to replace these apparatus in December 2005; the bids were
opened on December 30,2005.
ANALYSIS
We received bids from two fire apparatus manufacturers, Ferrara and PIerce to replace our two reserve
apparatus; these new engines will become front line apparatus, moving our 1994 and 1999 Darleys to
reserve status. We have recommended acceptance of the Ferrara bid because of the significant
difference in price; we believe that both manufacturers produce a product of simIlar quality. Because
of insufficient revenue in 2006 in the 107 fund, I recommend that we sign a contract for two engines,
taking delivery and paying for one in 2006, taking delivery and paying for the other in 2007.
The pricing below includes replacement equipment at 8.8% sales tax (in the contingency box) and
9.1 % sales take on the apparatus.
Actual En!!ineer's Estimate Bud2et
Bid Amount $885,658 N/A
WSST (8.8%) $775,00C
Bid Amount Total $966,253 N/A $775,00(
City Contingency (10%) $61.595
Total (with contin2enCY) $1.027 848
RECOMMENDATION
Award bid to Ferrara manufacturing.
Finance and Safety Committee
January 17, 2006
Present.
Pam Carter, Chair; Jim Haggerton, Verna Griffin
Rhonda Berry, Nick Olivas, Kevin Fuhrer, Lucy Lauterbach; Chuck PaITlsh
1. Contract for Le2al Services with Kenvon Disend The committee consIdered the 2006
contract with the Kenyon Disend firm. The contract IS SImIlar to past years' contracts, and
mcludes a 4% increase m fees. Rhonda Said one issue Council Members have raised in the past
concerned having the CIty Attorney available at COvV meetmgs. Although the City Attorney
attends Regular Meetings, she can attend COvV meetings Ifrequested to attend, though It would
help ifshe were notified far ahead oLtlme so schedules could accommodate the meetmg.
Because code enforcement IS becommg more proactIve, more tlme may be needed for thIS issue
by the City Attorney's office. Jim H asked if the CIty Attorney gets involved with elected
officials' ethics issues Rhonda said they cover employees, but it would depend on the
circumstances of the situation whether they could represent the City Councilor Mayor. Jim said
and others agreed Kenyon Disend has done a goodjob for the CIty and their increase IS
reasonable. Committee approval: recommend contract to COvV.
2. Contract with Ball Janik LLC The Ball Janik contract IS also similar to last year's contract,
although it has a revIsed scope of work. Rhonda Said Ball Janik's advIce IS for Tukwila to spread
its requests for funding more broadly than just for transportation projects The committee thought
that was a good idea. One idea they suggested was to reach Immigrants in the Tukwila
community who don't speak English with information about emergency preparedness. That
could be more of a FEMA issue, though Rhonda said she would ask about it. Committee
approval: recommend contract to COvV.
3. Contract with M.J. Durkan The 2006 contract for Jamie Durkan IS very sImilar to the 2005
contract. The choIce was to have a one-year contract, and to end it when the City felt It was tlme.
Alternatively, it could be a six-month contract with extenslOns if necessary. The commIttee
members agreed a one-year contract was appropnate. Besides the state legIslative work JamIe
does for the City, he can also be informative about Seattle and King County issues that are being
worked on in advance of publIc announcements. When talkmg about reporting from Jamie, the
committee thought some reportmg was good, but did not want It to be too detailed if not much IS
~happening. Full Committee approval: recommend contract to COvV.
'" ~. Fire Truck Purchases The Fire Department has two aged fire pumper trucks and an aenal
ladder truck that all need to be replaced. Sound TransIt is buymg the CIty the ladder truck, but
there are inadequate funds in the budget to buy two pumper trucks. Equipment to outfit the
trucks will also be needed, especially new mobile radios. Although one option would be to buy
the two trucks in 2006, there is not enough money in the 107 Fund Fire Equipment CumulatIve
Reserve fund. The other optlOn would be to order them both but take delIvery on one of the two
m January, 2007 so 2007 funds can be used. There are two Issues WIth fundmg: purchasmg the
two trucks when not enough funds are available, and puttmg more general fund money annually
into the Fund 107 fund so future fire trucks can be paid for. Nick recommended buymg the
Finance and Safety Committee
J anuarv 17. 2006
. .
Page 2
PIerce Aerial Ladder Truck because the company is located in Puyallup, they are a kno\.vTI
commodity, and they meet the state's stnngent weight requirements. Their bid was slightly
higher than the Ferrara bid for the aenal. Ferrara is located in New Orleans, and has not made
any sales in \Vashington State, though they have sold to California districts. Nick thought
because they are anxious to break into the state, they are offering the two trucks for a very good
price. His department staff have exarp.ined the production of this truck, and believe it is a solid,
well-built fire pumper. Prices betwe~n PIerce and Ferrara were within $74,440 each other on a
$1,00,000 bid, with the Ferrara bid being slightly lower than Pierce bid. The committee
members also tentatively supported the option of getting the two pumpers in two years, though
how to fund the purchases will still need more study. Committee recommendation to accept
Pierce bid on aerial ladder truck; options on two pumper trucks will depend on city
finances.
L?CCommittee Chair approval
COUNCIL AGENDA SYNOPSIS
11A, 1,/;‘,,‘ I•ntrols
ITEM No.
Meetm Date 1 Prepared i'Y l hTawr's reue I ,tntikw -zzew
01/23/06 I RAB I,CA:b I ,',(K
so a ys�� I 1 1 I 3
1 I 1
ITEM INFORMATION
CAS NUMBER: 06-008 I ORIGINAL AGENDA DATE: JANUARY 23, 2006
AGENDA ITEM TITLE Contract for Legal Services with Kenyon Disend PLLC
CATEGORY Discussion Motion Resolution Ordinance BidAvurd PublicHeanng Other
MtgDate 01/23/06 MtgDate MtgDate MtgDate M tgDate MtgDate MtgDate
J SPONSOR Council May r AdmSus DCD (l Finana. Fire Legal P6- R Palace PW
SPONSOR'S Proposed Contract for Legal Services for 2006.
SUMMARY
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 01/17/2006
RE COMMENDATIONS:
SPONSOR/ADMIN. Review and forward to Regular Meeting for approval.
CONMII'I1mE Review and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$32,760 /month expenses 406.224
Fund Source: 000.06.515.200
Comments
MTG. DATE RECORD OF COUNCIL ACTION
1/23/06
MTG. DATE ATTACHMENTS
01/23/06 Memo from Mayor's Office to City Council (with proposed contract)
Minutes from 01/17 Finance and Safety Committee
City of Tukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
TO: CIty CouncIl
FROM: Mayor's Office
DATE: January 19,2006
SUBJECT. Contract wIth Kenyon Disend
Attached for your review IS the proposed 2006 Contract for Legal Services between the
CIty and Kenyon Disend, PLLC.
The contract is the same that of last year and c1anfies the fact that day-to-day code
enforcement Issues are part of the base contract, while code enforcement Issues that go
before the Hearing Exammer and Court are considered 'Separate Matters. '
The draft contract is provIded m strikeout and underlme format, with a bar in the margin
of those lines that contam changes. CompensatIOn for legal servIces IS proposed at 4%
over the 2005 contract amount.
/rab
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us
illillm~u
Contract No.
CONTRACT FOR LEGAL SERVICES
ThIS Agreement is entered mto by and between the CITY OF TUKWILA, vVashmgton, a
noncharter optIOnal municipal code city heremafter refened to as "the CIty," and KENYON
DISEND, PLLC, heremafter referred to as "the Contractor," whose pnncipal office IS located m
Issaquah, Washmgton.
WHEREAS, the CIty has a need to have certam legal servIces performed for its cItIzens; and
WHEREAS, the City desIres to have the Contractor perform such servIces pursuant to
certam terms and COndItlOns; now, therefore,
IN CONSIDERATION OF the mutual benefits and condItIOns heremafter contained, the
parties hereto agree as follows:
1. Scope and Sched1l1e of ServIces to he Performed hy C:ontractor, The Contractor shall
perform those services described on ExhibIt A attached hereto and incorporated herem by thIS
reference as if fully set forth. In performing such services, the Contractor shall at all times comply
wIth all federal, state, and local statutes, rules and ordinances apphcable to the performance of such
services and the handhng of any funds used m connection therewIth. Such local rules and
ordmances shall include, but not be hrllited to, the City Code of Ethics, as set forth in Ordmance No.
2068. The Contractor shall request and obtain pnor wntten approval from the CIty if the scope or
schedule is to be modIfied in any way.
2. C:ompensation ::md Method of P;:Jymenf, The City shall pay the Contractor for servIces
rendered according to the rate and method set forth on Exhibit B attached hereto and mcorporated
herein by thIS reference.
3. C:ontractor Rlldget. The Contractor shall apply the funds received under tills Agreement
withm the maximum hmits set forth in thIS Agreement.
4. Dllf;:Jtion of AETeement. This Agreement shall be m full force and effect for a penod
commencmg January 1,200.65, and endmg December 31, 200.65, unless sooner terminated pursuant
to paragraph 8 of this Agreement.
5. Independent Contractor. Contractor and CIty agree that Contractor is an mdependent
contractor WIth respect to the services provIded pursuant to thIs Agreement. Nothing m thIS
Agreement shall be considered to create the relationshIp of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entItled to any benefits
accorded CIty employees by virtue of the services provided under thIS Agreement. The CIty shall
- 1-
not be responsible for wIthholdmg or otherWIse deductmg federal mcome tax or social secunty or
contributmg to the State Industnal Insurance Program, or otherwIse assummg the dutIes of an
employer wIth respect to the Contractor, or any employee of the Contractor.
6. Tnc1emmficMlon. The Contractor shallmdemmfy, defend and hold haImless the CIty, its
officers, agents and employees, from and agamst any and all claims, losses or lIabIlIty, mcludmg
attorney's fees, ansing from mJury or death to persons or damage to property occasIOned by any act,
omISSIOn or failure of the Contractor, its officers, agents and employees, III performmg the work
reqUIred by this Agreement. With respect to the performance of this Agreement and as to claims
against the CIty, ItS officers, agents and employees, the Contractor expressly Waives ItS immumty
under TItle 51 of the RevIsed Code of Washington, the Industrial Insurance Act, for IllJunes to ItS
employees, and agrees that the oblIgation to mdemmfy, defend and hold harmless provided for m
this paragraph extends to any clmm brought by or on behalf of any employee of the Contractor. ThIS
waiver IS mutually negotlated by the partIes. ThIS paragraph shall not apply to any damage resultmg
from the sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the CIty,
Its agents or employees, this oblIgation to indemnIfy, defend and hold harmless IS valId and
enforceable only to the extent of the negligence of the Contractor, ItS officers, agents, and
employees.
7. Tnsl1nmce. The Contractor shall procure and maintam m full force throughout the
duratIOn of this Agreement professIOnal lIabilIty msurance wIth a mmimum coverage of $1,000,000
per clmm and $3,000,000 aggregate. Contractor shall provIde eVIdence of such coverage m a
manner and form acceptable to the City m the City's sole dIscretIOn. CancellatIOn of the required
msurance shall automatlcally result in terminatIOn of thIS Agreement.
8. TennimltlOn. ThIS Agreement may at any tIme be termmated by the City gIving to the
Contractor thirty (30) days wntten notice ofthe CIty'S intentIOn to terminate the same.
9. Dlscrimm::Jtion Pronihitec1. The Contractor shall not dIscnmmate against any employee,
applIcant for employment, or any person seeking the services of the Contractor to be provided under
this Agreement on the basIs of race, color, rehglOn, creed, sex, age, natlOnal origin, mantal status or
presence of any sensory, mental or physical handicap.
10. AssiVlment ::Jnc1 Sllhcontract. The Contractor shall not assIgn or subcontract any portion
of the services contemplated by this Agreement wIthout the written consent of the CIty.
11. Entire AEfeement. This Agreement contams the entlre agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of thIS Agreement,
shall be deemed to exist or bmd any of the parties hereto. EIther party may request changes m the
agreement. Proposed changes whIch are mutually agreed upon shall be mcorporated by \vntten
amendments to this Agreement and wIth the consent of the City Council.
- 2-
12 Not1ces. NotIces to the CIty of Tukwila shall be sent to the followmg address
City Clerk
City ofTukwlla
6200 Southcenter Blvd.
Tukwila, Washington 98188
NotIces to the Contractor shall be sent to the address provIded by the Contractor upon the
sIgnature lIne below.
13. Applicahle L~w; Vemle;\ Attorney's Fees. ThIs Agreement shall be governed by and
construed in accordance wIth the laws of the State of Washmgton. In the event any smt, arbItratIOn,
or other proceeding is mstltuted to enforce any term of this Agreement, the parties specIfically
understand and agree that venue shall be properly laid m Kmg County, Washington. The prevailmg
party in any such action shall be entitled to its attorney's fees and costs of smt.
DATED this _ day of
,2005.
CITY OF TUKWILA
CONTRACTOR:
KENYON DISEND, PLLC
By'
TItle:
Mayor Steve Mullet
A TTEST/AUTHENTICA TED:
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392-7090
Jane E. Cantu, City Clerk
- 3-
!-
FXffiBTT A -- SC:OPF OF SFRVTC:FS
Contractor agrees to provIde a level of serVIce equal to or greater than the level of serVIce
provIded by an m-house CIty attorney office consIstmg of one CIty attorney and one assIstant CIty
attorney/prosecutor.
In partIcular, Contractor agrees to:
1. Provide general city attorney services, which include but are not limited to:
A. Attend regular\meetings ofthe City Council;
B. Attend Executlve Sessions and special meetmgs of the City Council,
CommIttee of the Whole, CommIttee meetings, and meetmgs of City Boards
and CommIssIons, upon request;
C. Prepare or reVIew ordmances, resolutIOns, contracts, mterlocal agreements,
and other CIty documents or matenals;
D. Practice "preventatlve law" m the form of regular consultatIOn wIth staff and
elected officials, and mamtenance of between 20 and 25 "office hours" each
week at City Hall, exclusIve of prosecutor tlme;
E. ProvIde special classes and/or semmars for staff, elected officials, Boards,
and Commissions on Issues includmg, but not lImIted to, ethIcs, conflIct of
interest, and the appearance of fairness doctrine.
F. Except as set forth m Section 3, defend lItigatIOn brought against the City;
G. Defend or initiate admmIstrative hearings involving the City mcludmg, but
not lllruted to, drug forfeIture and seizure hearings, code enforcement, and
similar matters;
H. Such other general CIty attorney matters as are assIgned,
1. ProvisIOn of pagers and cellular telephones to all attorneys employed by
Contractor, and a lIst of such pager and telephone numbers to the CIty; and
J. ComprehensIve Internet and remote access capabIlity, mcludmg e-mail,
linking Contractor's office wIth City Hall.
2. Provide city prosecution services, which include but are not limited to:
-4-
K. Review, detenmne filmg decIsIOn, and file all Tukwila PolIce Department
reports involvmg mIsdemeanor and gross mIsdemeanor cnmes, and represent
the City on all contested traffic heanngs,
L Regularly consult wIth and tram polIce department personnel on selected
legal issues, and attend police department admmistratIve staff meetmgs as
requested;
M. FIle and defend appeals of mumcIpal court decIsions, and
N. Such other CIt)r prosecutIOn matters as are assIgned.
3. Provide City Attorney services for litigation and contested administrative
proceedings, which include but are not limited to:
O. ImtiatIOn and defense of lItIgatIOn and contested admmIstratIVe proceedmgs
on the CIty'S behalf. Contractor shall be compensated for such litIgatIOn and
contested admmIstratIVe proceedmgs as Separate Matters under paragraph 2
of Exhibit B.
4. Provide Special Services, which include but are not limited to:
P. Other specialIzed municipal law services; provIded, however, that any such
Special Services shall fIrst be authorized by the Mayor, and shall be subject
to paragraph 3 of ExhibIt B regardmg compensatIOn.
5. Provide paralegal services, which include but are not limited to:
Q. General paralegal support for the CIty Attorney and for the prosecutmg
attorney equivalent to one FTE.
6. It is understood and agreed that the City Attorney shall not provide private legal
services to any employee of the City of Tukwila during the term of this agreement.
- 5-
/
EXHTRTT B -- C:OMPENSA TTON A l\TD METHOD OF PAYMENT
I. For all general CIty attomey and CIty prosecutor servIces set forth m paragraphs I and 2 of
Exhibit A, Contractor shall be paid a flat monthly fee of $ t-;-5OO [c81clll (jterl 8S
eXlstlllE fee of11)00 pIlls 4% lllcre(jse of); 1)60
, !, plus
extraordinary expenses. Extraordmary expenses shall mclude court filmg fees, deposItion and other
dIscovery costs, parkmg, mileage costs other than to and from City Hall or other locatIOns wIthm
the City, and other simIlar expenses advanced by Contractor on City's behalf. Extraordmary
expenses shall not include routine photocopymg, fax, or long-dIstance telephone charges.
2. All lItigatIOn and admmIsttatIve proceedmg servIces set forth m paragraph 3 of ExhibIt A
shall be considered to be Separate Matters. Contractor shall mamtam ItS current practIce of
provIdmg individual monthly billmg statements for each Separate Matter. Separate Matters mean
(a) each indIvIdual cIvil action filed by or agamst the CIty, except th(jt mllltlple conoemn;JtJon
Imvsllits relMeo to the S;Jme project sh;Jll constItute only one Sepmo;Jte M;Jtter, (h) all C:orle
Enforcement m;Jtters collectIvely conrlllcterl hefore the He;Jnng EX;Jminer or 111 C:oll1i, hllt not
inclllrllllg Eener;Jl corle enforcement serVlces whICh sh;Jll he inclmlerl 111 C:ontr;Jctor's fl;Jt monthly
fee.-(bc) all crimmal appeals collectIvely filed by or agamst the CIty, and (de) all drug or other
forfeIture matters collectively filed by or agamst the City. Contractor shall mclude within the
monthly flat fee, and shall not otherWIse bill the CIty for, the first $5,000 expended on any Separate
Matter as computed at Contractor's nonnal hourly rates for 200,-,'. Thereafter, and for each such
Separate Matter, Contractor shall be paid Its normal hourly rates for 2005-.6 which range between
$125 and $t952il5. for attorneys and between $55 and $ROT5 for paralegals, together with
reimbursement for extraordmary expenses. Legal mtems shall be bIlled at an hourly rate not to
exceed $85.
3. Special Services, If any, shall first be approved by the Mayor and City CouncIl after
negotiatIOn regarding (1) whether addItional compensation IS fair and eqUItable for such Special
ServIces and, If so, (2) the amount and manner of payment (e g., flat fee, hourly, other) for such
Special ServIces.
-6-
Finance and Safety Committee
January 17, 2006
Present:
Pam Carter, Chair; Jim Haggerton, Verna Griffin
Rhonda Berry, NIck Olivas, Kevm Fuhrer, Lucy Lauterbach; Chuck Pamsh
* 1. Contract for Le~al Services with Kenvon Disend The committee considered the 2006
contract with the Kenyon Disend firm. The contract is simIlar to past years' contracts, and
includes a 4% increase in fees. Rhonda said one issue Council Members have raised in the past
concerned havmg the City Attorney aVailable at COvV meetings. Although the City Attorney
attends Regular Meetings, she can attend COW meetings ifrequested to attend, though it would
help if she were notified far ahead o~tIme so schedules could accommodate the meetmg.
Because code enforcement is becoming more proactIve, more time may be needed for this Issue
by the City Attorney's office. Jim H asked ifthe City Attorney gets involved with elected
officials' ethics issues. Rhonda said they cover employees, but it would depend on the
circumstances of the situation whether they could represent the City Councilor Mayor. Jim said
and others agreed Kenyon Disend has done a good job for the City and their increase is
reasonable. Committee approval; recommend contract to COvV.
2. Contract with Ball Janik LLC The Ball Janik contract is also similar to last year's contract,
although it has a revised scope of work. Rhonda said Ball Janik's advice is for Tukwila to spread
its requests for fundmg more broadly than just for transportation projects. The committee thought
that was a good idea. One idea they suggested was to reach immigrants in the Tukwila
community who don't speak English with informatIOn about emergency preparedness. That
could be more of a FEMA issue, though Rhonda said she would ask about it. Committee
approval: recommend contract to COvV.
3. Contract with lVI.J. Durkan The 2006 contract for Jamie Durkan is very similar to the 2005
contract. The choice was to have a one-year contract, and to end it when the City felt it was time.
Alternatively, it could be a six-month contract with extensions if necessary. The committee
members agreed a one-year contract was appropriate. Besides the state legIslative work Jamie
does for the City, he can also be informative about Seattle and King County issues that are being
worked on in advance of public announcements. When talking about reporting from Jamie, the
committee thought some reporting was good, but did not want it to be too detailed if not much is
happening. Full Committee approval; recommend contract to cavv.
4. Fire Truck Purchases The Fire Department has two aged fire pumper trucks and an aerial
ladder truck that all need to be replaced. Sound Transit is buying the city the ladder truck, but
there are inadequate funds in the budget to buy two pumper trucks. Equipment to outfit the
trucks will also be needed, especially new mobile radIos. Although one option would be to buy
the two trucks in 2006, there is not enough money in the 107 Fund Fire Equipment Cumulative
Reserve fund. The other optIOn would be to order them both but take delIvery on one of the two
in January, 2007 so 2007 funds can be used. There are two Issues WIth funding: purchasing the
two trucks when not enough funds are available, and putting more general fund money annually
mto the Fund 107 fund so future fire trucks can be paid for. Nick recommended buying the
N 1LA, COUNCIL AGENDA SYNOPSIS
a y'', Irnttals ITEM No.
G
O;' 'tZ
Meeting Date Prepared by 1 M rezzew 1 Corr1l rezzezv 1
a:QV 1
01/ 23/06 RAB so
1%,***'.... 1 1 I 1 3
J
1908 1
ITEM INFORMATION
CAS NUMBER 06-009 I ORIGINAL AGENDA DATE: JANUARY 23, 2006
AGENDA ITEMTITLE Professional Services Contract, Ball Janik LLP
CATEGORY Discussion Mown Resdutzon Ordinance Bid A zutrd Pubic Hearing Other
Mtg Date 01/23/06 MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate
SPONSOR Cozinczl Mayor AdmSus DCD Finance Frye Legal P& R Pdzce PW
SPONSOR'S Proposed Contract for Services for 2006.
SUMMARY
REVIEWED BY COW Mt CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm Parks Comm. Planning Comm.
DATE: 01/17/2006
RE COMMENDATIONS:
SPONSOR/ADMIN. Review and forward to Regular Meeting for approval.
COMM TIEE Review and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$9,200 /month expenses 115.000
Fund Source 000.02
Comments
MTG. DATE RECORD OF COUNCIL ACTION
1/23/06
1 MTG. DATE I ATTACHMENTS
01/23/06 1 Memo from Mayor's Office to City Council (with proposed contract)
Minutes from 01/17 Finance and Safety Committee
i
City of Tukwila
6200 Southcenter Boulevard. Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
TO: CIty CouncIl Committee of the 'Whole
FROM: Mayor's Office
DATE: January 19,2006
SUBJECT: Contract with Ball Janik LLP
Attached for your reView IS a contract with Ball Janik LLP for professIOnal servIces in
2006 With the exceptIOn ofthe compensatIOn amount, the 2006 contract is the same as
the one entered mto in 2005. The proposed scope of work details our best guess
concernmg the issues to be covered in 2006. The proposed monthly fee represents a 4%
increase over last year's costs.
Staff would request committee reVIew of the draft contract, and that It be referred to the
Council Committee ofthe Whole for consIderation.
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us
[IDwill~u
Contract For Services - 2006
Ball Janik, L.L.P.
ThIS agreement IS entered into by and between the CIty of TukwIla, vVashington, a
noncharter optIonal mUlllcipal code CIty hereinafter refen-ed to as "the CIty", and Ball
Janik, LLP, heremafter referred to as "the Contractor" whose pnncIpal office IS located at
1455 F Street, NW, Smte 225, vVashmgton D.C 20005
Whereas, the City has determined the need to have certam serVIces performed for ItS
citizens but does not have the statf resources or expeIiIse to perform such servIces, and
Whereas, the City desires to have the Contractor perfOllli such servIces pursuant to
certam terms and conditIOns, now, therefore,
In ConsideratIOn of the mutual benefits and condItIOns hereinafter contained, the partIes
hereto agree as follows:
Scope and Schedule of ServIces to be Performed by Contractor. The Contractor shall
perform those services described on ExhibIt A attached hereto and mcorporated herem by
this reference as if fully set forth. In performmg such servIces, the Contractor shall at all
tImes comply wIth all Federal, State, and local statues, rules and ordmances applIcable to
the performance of such serVIces and the handlmg of any funds used in connectIOn
therewith. The Contractor shall request and obtam pnor written approval from the city If
the scope or schedule is to be modified m any way
CompensatIOn and Method of Payment. The City shall pay the Contractor for services
rendered accordmg to the rate and method set forth on Exhibit B attached hereto and
incorporated herein by thIS reference. The total amount to be paid shall not exceed nme
thousand two hundred fifty dollars ($9,200) per month plus expenses. Expenses shall be
detailed on each monthly billing and shall not exceed one thousand dollars ($1,000) per
month wIthout prior approval of the City. The monthly retainer shall be evaluated at the
end of the first full month and each quarter thereafter for appropnateness.
Contractor Budget. The Contractor shall apply the funds receIved under thIS Agreement
wIthin the maXImum lImits set forth in thIS Agreement. The Contractor shall request
prior approval from the City whenever the Contractor desIres to amend ItS budget many
way
Duratlon of Agreement. ThIs Agreement shall be in full force and effect for a period
commencing January 1, 2006 and endmg December 31, 2006 unless sooner termmated
under the provIsIons hereinafter specified.
Contract for Services - 2006
Ball Janik, L.L.P
Page 2
Independent Contractor. Contractor and City agree that Contractor IS an mdependent
contractor WIth respect to the servIces provIded pursuant to thIS Agreement. Nothmg m
thIS Agreement shall be consIdered to create the relatIOnshIp of employer and employee
between the partIes hereto. NeIther Contractor nor any employee of Contractor shall be
entltled to any benefits accorded CIty employees by VIrtue of the servIces provIded under
thIS Agreement. The City shall not be responsible for wIthholdmg or otherwIse deductmg
federal mcome tax or socIal secunty or contributmg to the State Industnal Insurance
Program, or otherWIse assummg the dutIes of an employer wIth respect to the Contractor,
or any employee of the Contract?r.
Indemnification. The Contractor shall mdemmfy, defend and hold hannless the CIty its
officers, agents and employees, from and agamst any and all claims, losses, or lIability,
mcluding attorney's fees, arislllg from injury or death to persons or damage to property
occasioned by any act, omission or fmlure of the Contractor, Its officers, agents and
employees, in performmg the work required by thIS Agreement.
With respect to the performance OfthIS Agreement and as to claims against he CIty, Its
officers, agents and employees, the Contractor expressly Waives Its immumty under Title
51 of the Revised Code ofvVashington, the Industnal Insurance Act, for lllJunes to Its
employees, and agrees that the obligation to mdemnIfy, defend and hold harmless
provIded for in this paragraph extends to any claim brought by or on behalf of any
employee of the Contractor ThIS waIver IS mutually negotiated by the parties. This
paragraph shall not apply to any damage resultmg from the sole neglIgence of the CIty,
its agents and employees. To the extent any of the damages referenced by thIS paragraph
were caused by or resulted from the concurrent negligence of the CIty, its agents or
employees, thIS oblIgation to mdemmfy, defend and hold harmless IS valId and
enforceable only to the extent of the neglIgence of the Contractor, ItS officers, agents, and
employees.
Insurance. The Contractor shall procure and mamtain m full force throughout the
duration of the Agreement comprehensive general lIabilIty msurance with a mlllImum
coverage of $500,000.00 per occurrence/aggregate for personal injury and property
damage. Said polrcy shall name the CIty of TukwIla as an addItlonal named msured and
shall include a provision prohibitmg cancellation or reductIOn m the amount of smd
polIcy except upon thIrty (30) days pnor wntten notlce to the CIty CancellatIOn ofthe
reqUIred insurance shall automatIcally result in termmatIOn of thIS Agreement.
Certificates of coverage as required by Paragraph A above shall be delIvered to the City
wIthm fifteen (15) days of executIOn of thIS Agreement.
Contract for Services - 2006
Ball Janik, L.L.P
Page 3
Record Keeping and Reportmg The Contractor shall mamtam accounts and records,
mcludmg personnel, property, financial and programmatic records that sufficIently and
properly reflect all dIrect and indIrect costs of any nature expended and servIces m the
perfoffilance of this Agreement. These records shall be mamtamed for a penod of seven
years after terminatIOn hereof unless permIssIOn to destroy them is granted by the office
of the archivIst m accordance wIth RCW Chapter 4014 and by the CIty.
AudIts and InspectIOns. The records and documents wIth respect to all matters covered
by thIS Agreement shall be subJept inspection, review or audIt by law dunng the
performance of this Agreement.
TermmatIOn. The City gIVmg to the Contractor thirty days written notice of the City's
mtention to terminate the same may at any time termmate thIS Agreement. Failure to
provIde products on schedule may result in contract termmatIOn. If the Contractor's
msurance coverage is canceled for any reason, the CIty shall have the right to termmate
this Agreement.
DIscriminatIOn ProhibIted. The Contractor shall not discnminate against any employee,
applIcant for employment, or any person seekmg the servIces of the Contractor to be
provided under thIS Agreement on the basIs of race, color, relIgion, creed, sex, age,
natIOnal origin, mantal status or presence of any sensory, mental or physIcal handIcap.
Assignment and Subcontract. The Contractor shall not assIgn or subcontract any portIOn
of the services contemplated by this Agreement wIthout the wntten consent of the CIty.
EntIre Agreement. This Agreement contams the entire agreement between the partIes
hereto and no other Agreements, oral or otherwise, regardmg the subject matter of thIS
Agreement, shall be deemed to eXIst or bmd nay of the partIes hereto. EIther party may
request changes in the agreement. Proposed changes, whIch are mutually agreed upon,
shall be incorporated by wntten amendments to thIS Agreement.
Notices. NotIces to the City of Tukwlla shall be sent to the followmg address:
City Clerk
CIty ofTukwila
6200 Southcenter Blvd
TukwIla, WA 98188
Contract for ServIces - 2006
Ball Janik, L.L.P
Page 4
Notlces to the Contractor shall be sent to the followmg address:
Ball Janik, LLP
MIchelle E. GIguere
101 SW Main Street, SUIte 1100
Portland, OR 97204
Applicable Law: Venue; Attorney's Fees. This Agreement shall be governed by and
construed m accordance wIth the laws of the State ofvVashmgton. In the event any SUIt,
arbItratIOn, or the proceedmg IS mstItuted to enforce any term of thIS Agreement, the
parties specifically understand and agree that the venue shall be properly laid in King
County, Washington. The prevailing party m any such actIOn shall be entitled to its
attorney's fees and costs of suit.
DATED this
day of
CONTRACTOR:
CITY OF TUKWILA:
BY:
Steven M. Mullet, Mayor,
ATTEST/AUTHENTICATED:
Jane E. Cantu, CIty Clerk
APPROVED AS TO FORl\1:
OFFICE OF THE CITY ATTORNEY:
BY:
-
Exhibit A
Scope of VV ork and Specific Service
Ball Janik, LLP
1 Scope ofvVork: Ball Janik LLP wIll provIde federal representatIOn and lobbymg
servIces for the CIty ofTukwIla related to securIng federal authOrIZatIOn and
appropnation for key projects IdentIfied by the CIty. Ball Janik LLP WIll also work
wIth City officIals, CIty staff, the Washmgton CongressIOnal delegation, key
CongressIOnal CommIttees, and AdmmistratIOn officials to bUIld upon prevIous work
done by the CIty.
Key legIslatIOn to be acted oil by Congress thIS session wIll be evaluated for
opportumtles to secure specIal congressIOnal or federal agency support for Tukwila's
goals and to secure additional federal fundmg for City pnonties and projects. In
addItIOn, Ball Janik LLP wIll work wIth the City on major telecommumcatIOns
legislation Impactmg the CIty, natIOnal franchising, local control, and CIty rights of
way.
Ball Janik LLP will also provIde gUIdance and aSsIstance to the City regardmg
opportunities to secure federal fundmg for projects such as: KhckItat/Urban Center
transportatIon project; TOD and regIOnal center project; pedestrian bndge; resource-
related projects such as the Green-Duwamish restoratIOn; library needs; cIrculator bus
plans and partnershIp wIth Metro Seattle bus; commuter rail and other statIOn and
related commercIal and housing development work at Southcenter; other land
acquisitIOn, transportation enhancement, railroad crossing, and commumty or
commercial development related projects; and, other opportumtIes to assIst the CIty
regardmg the impact of major federal legIslation.
Projects and prionties can be re-evaluated m the course of the year as CongressIOnal
and CIty priorities and agendas change and new opportumtles to enhance federal
financial support for CIty projects are presented. Ball Janik LLP will consult early
wIth CIty officIals to define an agenda for actIOn and place pnoritIes on projects;
coordinate meetmgs for CIty officIals wIth Congressional and AdmimstratIOn
officials; report to the City regularly on strategy, next steps, and implementatIOn of
objectives; provide regular communicatIOn, progress reports, and recommendations
for action to the City; and, where appropriate continue to advise the CIty with regard
to working wIth other regIOnal and State officIals on identlfied pnontles. The scope
of work may also include federal representatIOn on matters related to LINK hght rail,
Sounder, and other matters under SoundTransIt's JurisdIctIOn.
2. SpecIfic Services. Ball Janik LLP wIll be responsible, at a mImmum, for the followmg:
· Inform the CIty of key tImelmes for proposed actIOns
· Identify federal rules, pohcies, and laws that support the CIty'S goals
· IdentIfy key officIals and contacts that the City needs to make and the best tlme to
make such contacts
Exhibit A. Scope of\.Vork 2006
Ball Janik, LLP
Page 2
· Brief all appropnate congressIOnal and federal officIals
· AdvIse City of key dates m the congressional and admmIstratlve calendar that
impact its goals
· Work to maintam a strong Tukwila relatIOnshIp and mcrease support for
Tukwlla's goals wIth all key members of the Washmgton congressional delegatIOn
· Prepare background papers, positIOn papers, project request subcommittee forms,
and briefing materials
· When appropriate, develop legIslatIOn, amendments, report language, and budget
recommendations, and move them through the legIslatlve process, attendmg and
workmg with the congressional delegatIOn and theIr CongressIOnal officIals at
heanngs, mark-ups and House/Senate conferences on legIslatIOn
· ASSIst Members of the congressional delegatIOn wIth preparatIOn of testimony,
questions for agency officials at hearings, speeches and floor colloqUIes, draftmg
amendments and or commIttee report language and legIslatIOn
· Work wIth the City and Councilmember Haggerton, in particular, in his new role
on the InformatIOn & Technology CommunicatIOns Policy CommIttee ofNLC to
protect the City's interests In changmg telecommunication polIcy
· Attend and report on congressIOnal hearmgs of Import
· Advise City of new proposed regulations, programs, or proposed legIslatIOn of
import
· Specifically monitor, analyze, report on, and make recommendations for
mitIatlves and project requests for major reauthorization oflegIslatIOn, and the
annual appropnations bIlls
· Identify and work with the CIty on other opportunIties for federal financIal
assistance such as the Innovative TIFIA program, Homeland Security grants, the
livabilIty grant program, TCSP, reverse commute and welfare to work programs,
small systems transit fundmg, and other areas identified by the City
· Obtain appointments for City officials m WashIngton, D.C., develop schedules,
accompany City officials to meetmgs, and provide briefing matenals for CIty
officials for theIr meetings with CongressIOnal officials
· Be the City's "eyes and ears" in WashIngton
Finance and Safety Committee
January 17, 2006
Present.
Pam Carter, Chair; Jim Haggerton, Verna Griffin
Rhonda Berry, NICk OlIvas, Kevin Fuhrer, Lucy Lauterbach, Chuck Pamsh
1. Contract for Le2al Services with Kenyon Disend The committee considered the 2006
contract with the Kenyon Disend firm. The contract IS simIlar to past years' contracts, and
includes a 4% increase in fees. Rhonda said one issue Council Members have raIsed in the past
concerned having the City Attorney available at COW meetings. Although the City Attorney
attends Regular Meetings, she can attend CO\V meetings if requested to attend, though it would
help if she were notified far ahead o~time so schedules could accommodate the meeting.
Because code enforcement is becoming more proactive, more time may be needed for this issue
by the City Attorney's office. Jim H asked if the CIty Attorney gets involved with elected
officials' ethics issues. Rhonda said they cover employees, but it would depend on the
circumstances of the situation whether they could represent the City Councilor Mayor. Jim said
and others agreed Kenyon Disend has done a good job for the City and their increase is
reasonable. Committee approval: recommend contract to COW.
* 2. Contract with Ball Janik LLC The Ball Janik contract is also similar to last year's contract,
although it has a revised scope of work. Rhonda said Ball Janik's advice is for TukwIla to spread
its requests for funding more broadly than just for transportation projects. The committee thought
that was a good idea. One idea they suggested was to reach immigrants in the Tukwila
community who don't speak English with information about emergency preparedness. That
could be more of a FEMA issue, though Rhonda said she would ask about it. Committee
approval~ recommend contract to COW.
3. Contract with lVI.J. Durkan The 2006 contract for Jamie Durkan is very similar to the 2005
contract. The choice was to have a one-year contract, and to end it when the City felt it was time.
Alternatively, it could be a six-month contract wIth extensions if necessary. The committee
members agreed a one-year contract was appropriate. Besides the state legislative work Jamie
does for the City, he can also be informative about Seattle and King County issues that are being
worked on in advance of public announcements. "Vhen talking about reporting from Jamie, the
committee thought some reporting was good, but did not want it to be too detailed if not much is
happening. Full Committee approval; recommend contract to COW.
4. Fire Truck Purchases The Fire Department has two aged fire pumper trucks and an aerial
ladder truck that all need to be replaced. Sound Transit is buying the city the ladder truck, but
there are inadequate funds in the budget to buy two pumper trucks. Equipment to outfit the
trucks will also be needed, especially new mobile radIOs. Although one option would be to buy
the two trucks in 2006, there is not enough money in the 107 Fund Fire Equipment Cumulative
Reserve fund. The other optIOn would be to order them both but take delivery on one of the two
m January, 2007 so 2007 funds can be used. There are two issues with fundmg: purchasing the
two trucks when not enough funds are available, and puttmg more general fund money annually
into the Fund 107 fund so future fire trucks can be paid for. Nick recommended bUYing the
COUNCIL AGENDA SYNOPSIS
J
44/
Inttrals ITEM NO.
o 6 M etuaDate 1 Pzrpazed b 'Ia)u/s Prue -w 1 Aatncil zruer:� 1
u s <.u p 01/23/06 1 RAB Wh 4, i(k)AV 1
rs oa 1 1 1
1 1
ITEM INFORMATION
1 CAS NUMBER: 06-010 I ORIGINAL. AGENDA DATE: JANUARY 23, 2006
AGENDA ITEM Professional Services Contract, M.J. Durkan, Inc.
CATEGORY Drsacsszon Motion Resolution OrzlinanT n BzdAquad PublzcHeanng Other
MtgDate 01/23/06 MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate
(SPONSOR Council Mayor AdmSus DCD Fznarrce Fzre Legal P6- R Polue PW
SPONSOR'S Proposed Contract for Services for 2006.
SUN MARY
REVIEWED BY CO�XI Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm Planning Comm.
DATE: 01/17/2006
RE COMMENDATIONS:
SPONSOR/ADMIN. Review and forward to Regular Meeting for approval.
COiMI IITIEE Review and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$4,000 /month expenses 50.000
Fund Source. 000.20
Comments
MTG. DATE 1 RECORD OF COUNCIL ACTION
i I
MTG. DATE ATTACHMENTS
01/23/06 Memo from Mayor's Office to City Council (with proposed contract)
Minutes from 01/17 Finance and Safety Committee
1
City of Tul(Wila
6200 Southcenter Boulevard. Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
TO: CIty Council CommIttee of the 'Whole
FROM: Mayor's Office
DATE: January 19, 2006
SUBJECT: Contract wIth M. J. Durkan
Attached for your review IS a contract WIth M. J. Durkan, which was discussed in the
Fiance and Safey Committee on Tuesday, January 17 This contract is the same as the
2005 contract, wIth no mcrease m cost.
/rab
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.cUukwi/a.wa.us
IOIfO)mf?~
W ~o L~ tf U
Contract For Services
This agreement is entered into by and between the City of Tukwila, Washington,
a non-charter optional municipal code city hereinafter referred to as "the City",
and, MJ Durkan, Inc., hereinafter referred to as "the Contractor" whose principal
office is located at #357,330 Southwest 43rd Street Plaza - Suite K, Renton,
Washington 98055.
Whereas, the City has determined the need to have certain services performed
for its citizens but does not have the staff resources or expertise to perform such
services, and
Whereas, the City desires to have the Contractor perform such services
pursuant to certain terms and conditions, now, therefore,
In Consideration of the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
Scope and Schedule of Services to be Performed bv Contractor. The Contractor
shall perform those services described on Exhibit A attached hereto and
incorporated herein by this reference as if fully set forth. In performing such
services, the Contractor shall at all times comply with all Federal, State, and local
statutes, rules and ordinances applicable to the performance of such services
and the handling of any funds used in connection therewith. The Contractor
shall request and obtain prior written approval from the City if the scope or
schedule is to be modified in any way.
Compensation and Method of Pavment. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit B (Fees)
attached hereto and incorporated herein by this reference. The total amount to
be paid shall not exceed four thousand dollars ($4,000) per month plus
expenses. Expenses shall be detailed on each monthly billing and shall not
exceed five hundred dollars ($500) per month without prior approval of the City.
Contractor Budqet. The Contractor shall apply the funds received under this
Agreement within the maximum limits set forth in this Agreement. The
Contractor shall request prior approval from the City whenever the Contractor
desires to amend its budget in any way.
Duration of Aqreement. This Agreement shall be in full force and effect for a
period commencing January 1, 2006 and ending December 31 , 2006 unless
sooner terminated under the provisions hereinafter specified.
Contract for Services
MJ Durkan
January 2006
Page 2
Independent Contractor The Contractor and the City agree that the Contractor
is an independent contractor with respect to the services provided pursuant to
this Agreement. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither the
Contractor nor any employee of the Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax .or social security or contributing to the State
Industrial Insurance Program,\ or otherwise assuming the duties of an employer
with respect to the Contractor, or any employee of the Contractor.
Indemnification. The Contractor shall indemnify, defend and hold harmless the
City, its officers, agents and employees, from and against any and all claims,
losses, or liability, including attorney's fees, arising from injury or death to
persons or damage to property occasioned by any act, omission or failure of the
Contractor, its officers, agents and employees, in performing the work required
by this Agreement.
With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial
Insurance Act, for injuries to its employees, and agrees that the obligation to
indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Contractor. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to
any damage resulting from the sole negligence of the City, its agents and
employees. To the extent any of the damages referenced by this paragraph
were caused by or resulted from the concurrent negligence of the City, its agents
or employees, this obligation to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of the Contractor, its officers,
agents, and employees.
Insurance. The Contractor shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a
minimum coverage of $500,000.00 per occurrence/aggregate for personal injury
and property damage. Said policy shall name the City of Tukwila as an
additional named insured and shall include a provision prohibiting cancellation or
reduction in the amount of said policy except upon thirty (30) days prior written
notice to the City. Cancellation of the required insurance shall automatically
result in termination of this Agreement. Certificates of coverage shall be
delivered to the City within fifteen (15) days of execution of this Agreement.
Contract for Services
MJ Durkan
January 2006
Page 3
Record Keepinq and Reportinq. The Contractor shall maintain accounts and
records, including personnel, property, financial and programmatic records that
sufficiently and properly reflect all direct and indirect costs of any nature
expended and services in the performance of this Agreement. The City shall
maintain these records for a period of seven years after termination hereof
unless permission to destroy them is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and.
Audits and Inspections. The records and documents with respect to all matters
covered by this Agreement sh\all be subject to inspection, review or audit by law
during the performance of this Agreement.
Termination. The City giving to the Contractor thirty days written notice of the
City's intention to terminate the same may at any time terminate this Agreement.
Failure to provide products on schedule may result in contract termination. If the
Contractor's insurance coverage is canceled for any reason, the City shall have
the right to terminate this Agreement.
Discrimination Prohibited. The Contractor shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the
Contractor to be provided under this Agreement on the basis of race, color,
religion, creed, sex, age, national origin, marital status or presence of any
sensory, mental or physical handicap.
Assiqnment and Subcontract. The Contractor shall not assign or subcontract
any portion of the services contemplated by this Agreement without the written
consent of the City.
Entire Aqreement. This Agreement contains the entire agreement between the
parties hereto and no other Agreements, oral or otherwise, regarding the subject
matter of this Agreement, shall be deemed to exist or bind nay of the parties
hereto. Either party may request changes in the agreement. Proposed changes,
which are mutually agreed upon, shall be incorporated by written amendments to
this Agreement.
Notices. Notices to the City of Tukwila shall be sent to the following address.
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Contract for Services
MJ Durkan
January 2006
Page 4
Notices to the Contractor shall be sent to the following address:
MJ Durkan, Inc.
#357
330 SW 43rd St., Suite K
Renton, WA 98055
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 proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that the 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.
DATED this
day of
CONTRACTOR'
CITY OF TUKWILA
BY:
TITLE
Mayor, Steven M. Mullet
ATTEST/AUTHENTICATED:
CITY CLERK, Jane E. Cantu
APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY
BY:
Contract for Services
MJ Durkan
January 2006
Page 5
Exhibit A
Scope of Services
The Consultant shall, at the direction of the Tukwila Mayor's Office: 1) work with
Tukwila officials, King County elected officials, and State elected officials to
facilitate the Tukwila Valley South annexation and development 2) Work with
local, regional and state officials on general matters of interest to the City of
Tukwila. 3) Notify the Tukwila Mayor's Office of emerging issues of importance
to the City.
It is understood that the above-cited tasks are representative of the requirements
associated with achieving the City's objectives and are not necessarily an all-
inclusive description of the Consultant's efforts.
Contract for Services
MJ Durkan
January 2006
Page 6
Exhibit 8
Terms of Payment
The consultant will invoice the City for the work completed at the rate of $4,000
per month at the close of each month. Invoices will be paid within twenty (20)
days of receipt. Any extraordinary expenses claimed shall first be approved by
the City of Tukwila before the consultant obligates any funds. Expenses shall be
detailed on each monthly billing and shall not exceed five hundred dollars ($500)
per month without prior approval of the City.
Finance and Safety Committee
J al1uary 17, 2006
Present:
Pam Carter, Chair; Jim Haggerton, Verna Griffin
Rhonda Berry, NiCk Ohvas, Kevm Fuhrer, Lucy Lauterbach; Chuck Pamsh
1. Contract for Le2;al Services with Kenvon Disend The committee considered the 2006
contract with the Kenyon DIsend firm. The contract is sImilar to past years' contracts, and
includes a 4% increase in fees; Rhonda said one issue Council Members have raised m the past
concerned having the City Attorney available at COW meetings. Although the City Attorney
attends Regular Meetings, she can attend COW meetings ifrequested to attend, though it would
help if she were notified far ahead o~time so schedules could accommodate the meetmg.
Because code enforcement is becoming more proactive, more tlme may be needed for this issue
by the City Attorney's office. Jim H asked if the City Attorney gets involved with elected
officials' ethIcs issues. Rhonda said they cover employees, but it would depend on the
circumstances of the situation whether they could represent the City Councilor Mayor. Jim said
and others agreed Kenyon Disend has done a good job for the City and their increase is
reasonable. Committee approval: recommend contract to COvV.
2. Contract with Ball Janik LLC The Ball Janik contract is also similar to last year's contract,
although it has a revised scope of work. Rhonda said Ball Janik's advice is for Tukwila to spread
its requests for funding more broadly than just for transportation projects. The committee thought
that was a good idea. One idea they suggested was to reach immigrants in the Tukwila
community who don't speak English with information about emergency preparedness. That
could be more of a FEMA issue, though Rhonda said she would ask about it. Committee
approval: recommend contract to CO\V.
~ 3. Contract with IV1.J. Durkan The 2006 contract for Jamie Durkan is very similar to the 2005
-I'" contract. The choice was to have a one-year contract, and to end it when the City felt it was time
Alternatively, it could be a six-month contract with extensions if necessary. The committee
members agreed a one-year contract was appropriate. Besides the state legislative work Jamie
does for the City, he can also be informative about Seattle and King County issues that are being
worked on in advance of public announcements. When talking about reporting from Jamie, the
committee thought some reporting was good, but did not want it to be too detailed If not much is
happening. Full Committee approval: recommend contract to COW.
4. Fire Truck Purchases The Fire Department has two aged fire pumper trucks and an aerial
ladder truck that all need to be replaced. Sound Transit is buying the city the ladder truck, but
there are inadequate funds in the budget to buy two pumper trucks. Equipment to outfit the
trucks will also be needed, especially new mobile radIos. Although one option would be to buy
the two trucks in 2006, there is not enough money in the 1 07 Fund FIre Equipment Cumulative
Reserve fund. The other optIOn would be to order them both but take dehvery on one of the two
in January, 2007 so 2007 funds can be used. There are two issues wIth funding: purchasing the
two trucks when not enough funds are aVailable, and puttmg more general fund money annually
into the Fund 107 fund so future fire trucks can be paId for. Nick recommended buying the
Tentative Agenda Schedule
MONTH MEETING 1 .- MEETING 2 - MEETING 3 - MEETING 4 -
REGULAR C.O.W. REGULAR c.o.w.
January 3 (Tuesday) 9 17 (Tuesday) 23
2"d -New Year's
Day - observed See agenda packet
(City offices closed) \ cover sheet for this
week's agenda
16/11 - (January 23,2006
M.L. King Jr Day Committee of the
(City offices closed) Whole meeting)
30111 - Fifth Monday of TillS Commlttee of the
the month (110 Council Whole meeting to be
meeting scheduled) immedzately followed m}
a Special Meetl1lg
February 6 13 21 (Tuesday) 27
20tl,- Special Presentations: Special Presentation.
Presidents' Day - Dow Constantine, Swearing in of
(City offices closed) King County new Tukwila police
Councilmember officer
- Update on
Community-
oriented Policing
Citizens Advisory
Board (COPCAB)
Appointments:
Community-oriented
Policing Citizens
Advisory Board
(COPCAB)
March 6 13 20 27
Upcoming Meetings & Events
JANUARY & FEBRUARY 2006
23rd (Monday) 24th (Tuesday) I 25th (Wednesday) 26th (Thursday) 27th (Fridav) 28th (Saturday)
;- Transportation ,. Community y COPCAB, ,. Planning Highway 99
Cmte, Affairs & Parks 6:30 PM Commission, Trash Pickup
5:00 PM Cmte, (CR #5) 7'00 PM
(CR #1) 5:00 PM (Council Day
(CR #3) Chambers) 9:00 - 10:00 /\.\1
"- City Council Far location call
y
Committee of the " Sister City Cmte, Donna at
y
Whole Mtg., 7:00 PM ~ Court 206-242-5556
7:00 PM (Council
(Council Chambers) I
Chambers) ~I
(c. O. IV. meeting
to be .-
immediately
followed by a
Special Meeting) ,
30th (Mondav) 31st (Tuesdav) 1St (Wednesdav) 2nd (Thursdav) 3rd (Fridav) 4th (Saturday)
~ Equity &
Diversity
Commission,
5:00 PM
(Showalter ,Hiddle
School Library)
~ Court
:;.. Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206-431-2197
:.- Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center Contact Kimberly Matej at 206-767-2342.
,. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206-575-1633.
:.- Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 AM to 1'00 PM, Foster HS main parking lot.
Dispose ofprunings and plant materials ITom the longhomed beetle quarantine area. Drive your truckload of materials to the
parking lot and help will be provided to unload, chip, and dispose of materials free of charge. Be sure to bring 1D with quarantine
area address.
,. City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
,. City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
:.- Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room #3 Contact Bev Willison at 206-433-1844.
,. Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #3 Agenda items for 1/24/06 meeting'
(A) Code enforcement briefing.
;.- COPCAB (Community Oriented Policing Citizens Adv Board): 4th Wed., 6:30 PM, Conf. Rm #5. Mmja Murray (206-433-7175).
,. Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room #5. Contact Marja Murray at 206-433-7175.
>- Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5 Contact Evie Boykan or Stacy Hansen at 206-433-7180,
~ Equity & Diversity Commission: 1st Thurs., 5'00 PM, Showalter Middle School Library Contact Lucy Lauterbach at 206-433-1834
}> Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3
>-Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center Co11lact Chief Dave Haynes at 206-433-1812.
~ Human Services Advisory Brd: 2nd Fri. of even months, 10:00 Al\-I. Human Services Office. Contact Evie Boykan at 206-433-7180.
>- Human Services Providers: Quarterly, 11.30 AM, TCC (March 17, June 16, Sept. 15, Dec. I). Contact Stacy Hansen at 206-433-7/81
);- Library Advisory Board: 3rd Wed., 7'00 PM, Foster Library Contact Bruce Fletcher at 206-767-2343.
;.. Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206-575-2-189
>- Parks Commission 3rd Wed., 5.30 PM, Senior Game Room at Community Center Co11lact Kimberly JHatej at 206-767-2342.
>- Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov & Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynella Bivens at 206-431-3670.
);> Sister City Committee: Contact Lucy Lauterbach at 206-433-1834
~Transportation Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room #1 Agenda items for 1/23/06 meeting: (A) Tukwila Int'l. Bini.
Phase I Mid-block Crosswalks Project----completion and acceptance. (B) Tukwila Transit Center consultant agreement.
(C) Klickitat/Southcel1ler Pk!!'y consultam supplemental agreement. (D) 2006 transportalion engineering issues.
;. Utilities Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #1
~ Court = Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).