HomeMy WebLinkAboutCOW 2011-02-14 COMPLETE AGENDA PACKET t r4 "A wgsy
C Tukwila City Council Agenda
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COMMITTEE OF THE WHOLE
,1
Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez
90' Steve Lancaster, City Administrator Dennis Robertson Verna Seal
Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn
EXECUTIVE SESSION 6:15 PM 7:00 PM
Potential Property Acquisition or Lease Pursuant to RCW 42.30.110(1)(b)
(45 minutes)
Monday, February 14, 2011, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3. PUBLIC HEARING Electric vehicle infrastructure code amendments. Pg.1
4. SPECIAL a. Electric vehicle infrastructure code amendments. Pg.1
ISSUES b. An ordinance prohibiting social card rooms conducted as a commercial Pg.19
stimulant effective January 1, 2014, and terminating the moratorium.
c. An agreement for lighting upgrades to City facilities (grant funding). Pg.29
d. An agreement for storm water outfalls on East Marginal Way. Pg.43
e. An agreement for the 2011 Small Drainage Program. Pg.59
f. Police Department items:
(1) Addendum No. 1 to Valley Narcotics Enforcement Team (VNET) Pg.77
Interlocal Agreement.
(2) Updated Valley Special Weapons and Tactics Team (SWAT) Pg.99
Interlocal Agreement.
(3) An Interlocal Agreement for the Valley Civil Disturbance Unit Pg.133
(VCDU).
(4) An ordinance amending the administrative structure of the Police pg.151
Department.
5. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. 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 or tukclerk @ci.tukwila.wa.us). This notice is available at
www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetinas are audio tared.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL A GENDA SYNOPSIS
V41LA 41, ITEM
4. P( s
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ITEM `INFORMATION
CAS NUMB1R: 11 U 1 3 I STAFF SPONSOR: MINNIE DHALIWAL 'ORIGINAL AGENDA DATE: 02/14/11
AGENDA I'rra\ TITLE Electric Vehicle Infrastructure Code Amendments
CATI ,GORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
111tg Date 02/14/11 Mtg Date Mtg Date Mtg Date 02/22/11 Mtg Date Mtg Date 02/14/11 Mtg Date
SPC )NSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Conduct the public hearing on the proposed code amendments related to electric vehicle
SUMMARY infrastructure. State legislation has mandated that local governments allow electric
vehicle (EV) infrastructure as a permitted use in all areas not zoned for residential,
resource uses or critical areas. Tukwila's deadline for adopting these changes is July 1,
2011
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/24/11 COMMITTEE CHAIR: EKBERG FOR SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT /;FUND SOURCE
EXPI ;NDI'1'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Con
MTG. DATE RECORD:OF COUNCIL =ACTION
02/14/11
MTG. DATE ATTACHMENTS
02/14/11 Informational Memorandum dated 02/09/11 (Updated after CAP meeting)
Draft Ordinance
Examples of charging stations
Minutes from the Community Affairs and Parks Committee meeting of 01/24/11
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0IL9= j,�,
J z City of Tukwila
f. z PI Jim Haggerton, Mayor
2 -90. INFORMATIONAL MEMORANDUM
TO: The Committee of the Whole
FROM: Jack Pace, Department of Community Development Director
DATE: February 9, 2011
SUBJECT: Electric Vehicle Infrastructure Code Amendments
(Updated based on discussion at Community Affairs and Parks Committee)
ISSUE
State legislation has mandated that local governments allow electric vehicle (EV) infrastructure
as a permitted use in all areas not zoned for residential, resource uses or critical areas.
Tukwila's deadline for adopting these changes is July 1, 2011.
BACKGROUND
In 2009 the Washington State Legislature passed and the Governor signed into law House Bill
1481 an Act relating to electric vehicles. The purpose of the law is to encourage the transition to
electric vehicle use and to expedite the establishment of a convenient and cost effective electric
vehicle infrastructure. By 2012 an estimated 10 to 12 models of highway capable electric
vehicles will be available to consumers. Electrical vehicle infrastructure is necessary to serve
this growing consumer base and HB 1481 recognizes this need by requiring local governments
to allow electrical vehicle infrastructure.
Additionally, to create a consistent regulatory framework that would help the EV industry grow
across Washington State, the legislature required the Puget Sound Regional Council (PSRC)
and Department of Commerce to develop guidance for local governments. These agencies
issued EV Infrastructure Model Guidance in July 2010, following a cooperative research and
development effort involving numerous agencies and stakeholders. The full text of the model
ordinance and regulations may be found on the PSRC web site at
http: /www.osrc.ora /transportation /ev /model- auidance
Using information from the Model regulations, staff is preparing code amendments in order to
comply with the mandate.
DISCUSSION
The model development regulations and guidance are written so that individual sections can be
tailored to the particular needs and characteristics of a community, while still providing for cross
—jurisdictional consistency for some standards (e.g. signage).
At a minimum Tukwila must adopt definitions relating to EV infrastructure, and specify in what
zones such infrastructure is allowed and under what conditions, if any. Additional regulations
are recommended in the Model Guidance in order to ensure usable and effective infrastructure.
Electrical Vehicle infrastructure includes three types of charging stations, summarized below in
Table 1. A "Level 1" charging station is similar to a standard power outlet in your home and will
fully charge a depleted EV battery in 16 -24 hours. A "Level 2" charging station is similar to a
dedicated outlet for a dryer or electric oven, and will charge a depleted battery in 4 -6 hours. A
"Level 3" or "Rapid charging station" requires special equipment and infrastructure from the
utility provider, similar to the power supply need to run a ski area chairlift. A rapid charging
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INFORMATIONAL MEMO
Page 2
station would most likely be used commercially and is not recommended for private residential
use, but is capable of charging a depleted battery in an hour or less.
Table 1. Charging Station Types
Level Volts Amps Charge time Similar to:
Level 1 120 15 -20 16 -24 hours Wall outlet in home
Level 2 240 40 4 -6 hours Dedicated dryer or oven outlet
Level 3 I 480 160+ I <1 hour I Ski area chairlift
PROPOSED CHANGES
Planning Commission reviewed and is recommended the following amendments to Tukwila
Municipal Code (TMC) to comply with House Bill 1481:
1. Adding several definitions to the Zoning Code Chapter18.06 to identify the types of EV
infrastructure. These include definition of an electric vehicle; electrical vehicle charging
station; different types of charging stations including rapid charging station and electric
vehicle parking space.
2. Amending Tukwila Municipal Code Title 9 Vehicles and Traffic section to authorize
enforcement for non electric vehicles that park in electric vehicle charging station spaces
or for electric vehicles parked out of compliance with posted days and hours of charging
operation. These regulations would be only for publicly owned and or operated parking
areas.
3. Amending Zoning Code Chapter 18.50 Supplemental Development Regulations to list the
zones and process for allowing electrical vehicle infrastructure in Tukwila. Per HB 1481
local governments shall at a minimum allow EV infrastructure as a permitted use in all
areas not zoned for residential, resource uses or critical areas. Planning Commission's
recommendation is to allow Level 1 and Level 2 charging stations in all residential zones
as an accessory use and as a permitted use in all commercial and industrial zones. Also,
allow Level 3 charging stations in all zones that currently allow gas stations, which are
NCC, RC, RCM, TUC, C /LI, LI, HI, MIC /L, MIC /H, TVS, and TSO.
4. Amending Zoning Code Chapter 18.56 Off Street Parking and Loading Regulations to
allow an EV charging station space to be included in the calculation for minimum required
parking spaces; require notification and signage for EV parking spaces; and provide
guidance related to accessible use of EV charging station for all users.
5. Amending TMC Title 21 State Environmental Policy Act to add reference to RCW
43.21.C.410, so that EV Infrastructure is added to the Categorical Exemptions list.
The Community Affairs and Parks Committee reviewed the Planning Commission's
recommendations and requested the following changes to the different sections of the draft
ordinance:
1. Section 4: Check to see if there is a distinction between neighborhood electric vehicles
and medium -speed electric vehicles and if both need to be listed in the definition. The
model ordinance; RCW 46.04.357 and RCW 46.04.295 define neighborhood electric
vehicles and medium speed vehicles as follows:
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INFORMATIONAL MEMO
Page 3
"Neighborhood electric vehicle" means a self propelled, electrically powered four wheeled
motor vehicle whose speed attainable in one mile is more than twenty miles per hour and
not more than twenty -five miles per hour and conforms to federal regulations under Title
49 C.F.R. Part 571.500.
"Medium -speed electric vehicle" means a self propelled, electrically powered four wheeled
motor vehicle, equipped with a roll cage or crush -proof body design, whose speed
attainable in one mile is more than twenty -five miles per hour but not more than thirty -five
miles per hour and otherwise meets or exceeds the federal regulations set forth in 49
C.F.R. Sec. 571.500.
While the distinction between these two is vague and possibly will evolve with changes in
technology staff is recommending listing them separately under the electric vehicle
definition. No changes are proposed to Section 4 of the draft ordinance.
2. Section 5: Delete the last line from the definition of electric vehicle charging station as it is
covered under other sections of the ordinance. These changes are reflected in the draft
ordinance.
3. Section 11: Check with the Police Department to see if the enforcement of electric vehicle
parking regulations could be extended to spaces located on private property, similar to
enforcement of handicap accessible parking regulations. Staff received input from Don
Dart, Tukwila Traffic Police officer, about enforcing electric vehicle parking restrictions on
private property. He supports extending the enforcement to all publicly accessible spaces.
The draft ordinance has been amended so that parking regulations apply not only to
parking on public streets or within publicly owned and operated garages, but to all publicly
accessible electric vehicle parking spaces. Additionally, item #6 under section 11 has been
amended to give authority to any official designated by the Police Chief to issue electric
vehicle parking infractions.
4. Section 12: Allow Level 3 charging stations; battery exchange stations; and rapid charging
stations as an accessory use in all other zones where not permitted. These changes are
reflected in the draft ordinance.
RECOMMENDATION
The Council is being asked to hold a public hearing on this item at Committee of the Whole
meeting on February 14, 2011. Following the public hearing the City Council would consider this
item for adoption at the Regular Meeting on February 22, 2011.
ATTACHMENTS
Draft Ordinance.
Examples of charging stations
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING SECTIONS OF TITLES 9, 18 AND 21 OF
THE TUKWILA MUNICIPAL CODE REGARDING ELECTRIC VEHICLE
INFRASTRUCTURE AND TO ADOPT REGULATIONS RELATED TO
ELECTRIC VEHICLE INFRASTRUCTURE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, during the 2009 session the Washington State Legislature passed
House Bill 1481 "HB 1481", an Act relating to electric vehicles, and the bill addressed
electric vehicle infrastructure including the structures, machinery, and equipment
necessary and integral to support an electric vehicle, including battery charging stations,
rapid charging stations, and battery exchange stations; and
WHEREAS, the purpose of HB 1481 is to encourage the transition to electric vehicle
use and to expedite the establishment of a convenient and cost effective electric vehicle
infrastructure that such a transition necessitates, and the Legislature agreed that the
development of a convenient infrastructure to recharge electric vehicles is essential to
increase consumer acceptance of these vehicles; and
WHEREAS, greenhouse gas emissions related to transportation constitute more
than 50 percent of all greenhouse gas emissions in the State of Washington; and
WHEREAS, the use of electricity from the Northwest as a transportation fuel instead
of petroleum fuels results in significant reductions in the emissions of pollutants,
including greenhouse gases, and reduces the reliance of the state on imported sources
of energy for transportation; and
WHEREAS, broad -based installation of new universally compatible charging stations
is intended to ensure that plug -in electric vehicles will be a viable alternative to gasoline
powered vehicles; and
WHEREAS, RCW 35.63.126 requires the City of Tukwila to allow electric vehicle
infrastructure as a use in all areas except those zoned for residential or resource use or
critical areas by July 1, 2011; and
WHEREAS, most of the recharging for private electric vehicles will be done in
residential settings and, therefore, allowing electric vehicle infrastructure in these areas
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is in the public interest and will provide opportunities for Tukwila residents to have safe
and efficient personal electric charging stations located in their place of residence; as
businesses may want to install electric vehicle infrastructure to serve their customers
and employees, allowing this infrastructure in commercial and industrial areas is also in
the public interest; and
WHEREAS, pursuant to RCW 35.63.126, this ordinance proposes to amend
development regulations found in Tukwila Municipal Code Titles 9, 18 and 21 to allow
electric vehicle infrastructure; and
WHEREAS, on October 14, 2010, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non Significance on the proposed
amendments; and
WHEREAS, on October 28, 2010, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the Tukwila Municipal Code and adopted a motion recommending the proposed
changes; and
WHEREAS, on February 1, 2011, the City was informed by the Washington State
Department of Commerce that it had met the Growth Management Act notice
requirements under RCW 36.70A.106; and
WHEREAS, on February 14, 2011, the Tukwila City Council, following adequate
public notice, held a public hearing to receive testimony concerning the
recommendations of the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definition Added. A new definition is added to Tukwila Municipal Code
(TMC) Chapter 18.06 to read as follows:
"Battery charging station" means an electrical component assembly or cluster of
component assemblies designed specifically to charge batteries within electric vehicles
and that meets or exceeds any standards, codes, and regulations set forth by chapter
19.28 RCW and is consistent with rules adopted under RCW 19.27.540.
Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Battery exchange station" means a fully automated facility that will enable an
electric vehicle with a swap -able battery to enter a drive lane and exchange the
depleted battery for a fully charged battery through a fully automated process that
meets or exceeds any standards, codes, and regulations set forth by chapter 19.27
RCW and is consistent with rules adopted under RCW 19.27.540.
Section 3. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
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"Charging levels" means the standardized indicators of electrical force, or voltage, at
which an electric vehicle's battery is recharged. The terms "Level 1, 2, and 3" are the
most common EV charging levels and include the following specifications:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast or rapid charging.
Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on
electrical energy from the grid, or an off -board source, that is stored on -board for motive
purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug -in hybrid
electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric
vehicle.
Section 5. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle charging station" means a public or private parking space that is
served by battery charging station equipment that has as its primary purpose the
transfer of electric energy (by conductive or inductive means) to a battery or other
energy storage device in an electric vehicle. An electric vehicle charging station
equipped with Level 1 or Love! 2 e••_ -e e- c an
Section 6. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle charging station restricted" means an electric vehicle charging
station that is (1) privately owned and has restricted access (e.g., single family home,
executive parking, designated employee parking) or (2) publicly owned and restricted
(e.g., fleet parking with no access to the general public).
Section 7. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle charging station public" means an electric vehicle charging station
that is (1) publicly owned and publicly available (e.g., Park Ride parking, public library
parking lot, on- street parking) or (2) privately owned and publicly available (e.g.,
shopping center parking, non reserved parking in multi family parking lots).
Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle infrastructure" means structures, machinery, and equipment
necessary and integral to support an electric vehicle, including battery charging stations,
rapid charging stations, and battery exchange stations.
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Section 9. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle parking space" means any marked parking space that identifies the
use to be exclusively for the parking of an electric vehicle.
Section 10. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Rapid charging station" means an industrial grade electrical outlet that allows for
faster recharging of electric vehicle batteries through higher power levels and that
meets or exceeds any standards, codes, and regulations set forth by chapter 19.28
RCW and is consistent with rules adopted under RCW 19.27.540.
Section 11. New Regulations Established. New regulations regarding electric
vehicle parking, to be codified at TMC Section 9.28.037, are hereby adopted to read as
follows:
9.28.037 Electric Vehicle Parking. The following regulations apply to enforce-
ment of non electric vehicles that park in electric vehicle charging station spaces and
for electric vehicles parked out of compliance with posted days and hours of charging
operation. These regulations are applicable only for electric vehicle charging station
spaces that are publicly accessible located in publicly owner' an oper
parkin areas (e.g., on- street parking, municipal garages, park and -ride Tots, shopping
centers etc.). Signage regulations for enforcement are included in Title 18, Chapter
18.56, Off Street Parking and Loading Regulations.
1. Electric vehicle charging stations are reserved for parking and charging
electric vehicles only.
2. Electric vehicles may be parked in any space designated for public parking
subject to the restrictions that would apply to any other vehicle that would park in that
space.
3. When a sign authorized under Tukwila Municipal Code Chapter 18.56
provides notice that a space is a designated electric vehicle charging station, no person
shall park or stand any non electric vehicle in a designated electric vehicle charging
station space. Any non electric vehicle is subject to fine or removal.
4. Any electric vehicle in a designated electric vehicle charging station space
and not electrically charging, or parked beyond the days and hours designated on
regulatory signs posted at or near the space, shall be subject to a fine and /or removal.
For purposes of this subsection, "charging" means an electric vehicle is parked at an
electric vehicle charging station and is connected to the charging station equipment.
5. Upon adoption by the City of Tukwila, the City engineer shall cause
appropriate signs and marking to be placed in and around electric vehicle charging
station spaces, indicating prominently thereon the parking regulations. The signs shall
define time limits and hours of operation, as applicable, shall state that the parking
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space is reserved for charging electric vehicles and that an electric vehicle may only
park in the space for charging purposes. Violators are subject to a fine and /or removal
of their vehicle.
6. Violations of this section shall be punishable as infractions. Punishment shall
be by a fine not to exceed the fine prescribed in accordance with Tukwila Municipal
Code Section 9.28.040. Each day such violation is committed shall constitute a
separate offense and shall be punishable as such. Any commissioned police officer
or Tukwila Police Department volunteer authorized by the Police Chief or other
designated law official in the manner and subject to the requirements of TMC
Section 9.20.090 is authorized to issue electric vehicle parking infractions.
7. In addition to a fine, a vehicle left parked or standing, upon a street, allcy, or
Tukwila parking -lot er ga -rage, in a space e e se .-e es e in violation
of TMC Section 9.28.037, upon a publicly accessible electric vehicle charging
space that is appropriately marked and posted,, is subject to being removed from the
charging space street, alloy, or Tukwila parking lot or garage by any commissioned
police officer or Tukwila Police Department volunteer authorized by the Police Chief or
other designated law official in the manner and subject to the requirements of TMC
Section 9.20.090.
Section 12. New Regulations Established. New regulations regarding charging
station locations, to be codified at TMC Section 18.50.140, are hereby adopted to read
as follows:
18.50.140 Charging Station Locations. Level 1 and Level 2 charging stations are
allowed as an accessory use in the predominantly residential zones LDR, MDR and
HDR. Level 1 and Level 2 charging stations are allowed as a permitted use in all other
zones. Level 3 charging stations, battery exchange stations, and rapid charging
stations are allowed as a permitted use in all zones that allow other automotive services
such as gas stations, and are allowed as an accessory use in all other zones.
Section 13. New Regulations Established. New regulations regarding electric
vehicle charging station spaces, to be codified at TMC Section 18.56.135, are hereby
adopted to read as follows:
18.56.135 Electric Vehicle Charging Station Spaces.
A. Applicability. Regulations are applicable to all parking lots or garages, except
those that include restricted electric vehicle charging stations.
B. Number of stations. No minimum number of charging station spaces is
required.
C. Minimum Parking Requirements. An electric vehicle charging station space
may be included in the calculation for minimum required parking spaces that are
required pursuant to other sections of this chapter.
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D. Location and Design Criteria. The provision of electric vehicle parking will vary
based on the design and use of the primary parking lot. The following required and
additional Iocational and design criteria are provided in recognition of the various
parking lot layout options.
1. Where provided, parking for electric vehicle charging purposes is required to
include the following:
a. Signage. Each charging station space shall be posted with signage
indicating the space is only for electric vehicle charging purposes. Days and hours of
operation shall be included if time limits or tow away provisions are to be enforced.
Refer to the Manual on Uniform Traffic Control Devices for electric vehicle and parking
signs (and as depicted in Exhibit A).
b. Maintenance. Charging station equipment shall be maintained in all
respects, including the functioning of the charging equipment. A telephone number or
other contact information shall be provided on the charging station equipment for
reporting when the equipment is not functioning or when other problems are
encountered.
c. Accessibility. Where charging station equipment is provided within an
adjacent pedestrian circulation area, such as a sidewalk or accessible route to the
building entrance, the charging equipment shall be located so as not to interfere with
accessibility requirements of WAC 51 -50 -005.
d. Lighting. Where charging station equipment is installed, adequate site
lighting shall exist, unless charging is allowed during daytime hours only.
2. Charging station spaces for electric vehicles should also consider the
following signage information:
a. Information on the charging station, identifying voltage and amperage
levels and any time of use, fees, or safety information.
b. Installation of directional signs at the parking lot entrance and at
appropriate decision points to effectively guide motorists to the charging station
space(s). Refer to the Manual on Uniform Traffic Control Devices for electric vehicle
and directional signs (and as depicted in Exhibit A).
Section 14. Ordinance Nos. 2173 §1 and 1331 §10, as codified at TMC Section
21.04.080, are hereby amended to read as follows:
21.04.080 Categorical exemptions and threshold determinations Adoption by
reference. The City adopts the following sections of WAC Chapter 197 -11 and RCW
43.21C.410, as now existing or as may be amended hereafter, by reference as
suppl- emented in this chapter:
WAC 197 -11 -300 Purpose of this part
WAC 197 -11 -305 Categorical exemptions
WAC 197 -11 -310 Threshold determination required
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WAC 197 -11 -315 Environmental checklist
WAC 197 -11 -330 Threshold determination process
WAC 197 -11 -335 Additional information
WAC 197 -11 -340 Determination of Non Significance (DNS)
WAC 197 -11 -350 Mitigated DNS
WAC 197 -11 -355 Optional DNS process
WAC 197 -11 -360 Determination of Significance (DS) /initiation of scoping
WAC 197 -11 -390 Effect of threshold determination
RCW 43.21C.410 Battery charaina and exchanae station installation
Section 15. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 16. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
and effect five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachment: Exhibit A Electric Vehicle Charging Station Signage
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Exhibit A
18.56.235.1.a. Example of charging station signage:
ELECTRIC
HOUR
VEHICLE CHARGING
EXCEPT FOR
CHARGING-
STATION VEHICLE 7AM TO 6Pil1
CHARGING
12" x 12" 12" x 18" 12" x 18"
18.56.235.2.b Examples of electric vehicle charging stations directional signage.
ELECTRIC
VEHICLE E g
CHARGING V
STATION i
12 "x12" 12 "x12
12" x 6" L 12 x 6"
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Examples of different types of electric v e hicle charging stations.
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16
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17
ky City of Tukwila
�,n` 1, 2 Communit Affairs and Parks Committee
'490'
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
January 24, 2011 5.00 p.m.; Conference Room #3
PRESENT
Councilmembers: Allan Ekberg, Acting Chair (filling in for Verna Seal); Joe Duffle and De' Sean Quinn
Staff: Shawn Hunstock, Nora Gierloff, Minnie Dhaliwal, Rick Still and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Acting Committee Chair Ekberg called the meeting to order at 5:03 p.m.
L PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Ordinance: Electric Vehicle Infrastructure
Staff is seeking Council approval of an ordinance amending sections of the Tukwila Municipal Code
(TMC) Chapters 9, 18 and 21 relative to electric vehicle infrastructure.
Recent State legislation has mandated that local governments allow electrical vehicle infrastructure.
Deadlines for cities to implement these requirements were based on population relative to freeways.
Tukwila must implement electric vehicle infrastructure regulations by July 1, 2011. In order to provide
assistance with formulating these regulations, as well as a framework for consistency across jurisdictions,
Puget Sound Regional Council and the Department of Commerce compiled a model ordinance to provide
guidance to local jurisdictions. In regards to Tukwila, the draft ordinance outlines the following change to
the TMC:
The addition of definitions relative to electric vehicle, charging station, types of
charging stations and parking.
7 Enforcement of electric vehicle parking spaces for publically owned stations.
a Zoning for electric vehicle charging stations.
a Parking and signage regulations for electric vehicles.
Reference to the State Environmental Policy Act.
The Planning Commission has reviewed these proposed amendments, and recommends forwarding the
draft ordinance to the City Council for consideration.
Staff referred to Exhibit A of the ordinance which was not included in the Committee agenda packet.
Exhibit A includes pictures of proposed signage relative to electric vehicle charging stations, parking, etc.
The exhibit will be included in the agenda packet that goes to full Council.
Based on citizen suggestions and Committee discussion, staff intends to make minor changes to the draft
ordinance as listed below:
Section 4: Check with PSRC on the definition.
Section 5: Eliminate last line from the definition.
Section 11: Review Police Department perspective on impacts related to enforcement
on private property.
Section 12: Allow level 3 charging stations as an accessory use where not permitted.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
18
COUNCIL AGENDA SYNOPSIS
�IILA ii, ITEMNO.
�J� r ^t,n� q�,
Initials
Oh Meeting Date 1 Prepared by 1 Maypr l eview 1 Council review
s
,,,c y 1 01/24/11 I SK 1 s`, I
a 02/1.4 /11 1 SK 1 1 10/../ 1
I
ITEM INFORMATION
!CAS NUMBER: 11-007 I ORIGINALAGENDA DATE: JANUARY 24, 2011
AGENDA ITEM TITL Ordinance repealing ban on new social card rooms until January 1, 2014.
STAFF SPONSOR: SHELLEY KERSLAKE
C.vI'I Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 01/24/11 Mtg Date Mtg Date Mtg Date 2/ 22/1 bur Date Mtg Date 1/24/11 Mtg Date
(SPONSOR Council Mayor Adm Svcs DCD Finance Fire n Legal P&'R Police PW/
SPC)NSOR'S This ordinance repeals the current ban on the establishment of new social card rooms and
St MARY related "grandfather" provisions for existing social card rooms. Pursuant to the ordinance,
the operation of social card rooms in the City must cease by January 1, 2014. The
ordinance also amends TMC 3.08.080 to clarify certain gambling tax collection provisions.
The Council is asked to consider and approve the ordinance.
RI ?\'il,WliD BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 01/10/11 COMMITTEE CHAIR SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. City Council
COMMITTEE unanimous Approval; Forward to Cor —'ttee of the ".'hole
COST. IMPACT /,FUND SOURCE
ExPI RI?QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Conarnents:
MTG. DATE 1 RECORD OF COUNCIL ACTION'
I 1/24/11 1Return item to the February 14, 2011 Committee of the Whole Meeting
MTG. DATE ATTACHMENTS
01/24/11 1 Informational Memorandum dated 1/5/11
Ordinance in Draft Form
Minutes from the Community Affairs and Parks Committee meeting of 01/10/11
02/14/11 1 Same attachments as shown above
19
20
itAii
:I: City of Tukwila
Z7 Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
City Councilmembers
FROM: Shelley M. Kerslake, City Attorney
DATE: January 5, 2010
SUBJECT: Allowing Social Card Rooms Related Gambling Tax Amendments
ISSUE
Whether to allow social card rooms city -wide for a finite period of time.
BACKGROUND
Currently, the City has a partial ban on social card rooms. New social card rooms are banned,
but existing social card rooms have been allowed to continue to operate (see TMC 5.20.010).
Three social card rooms operate in Tukwila, and these generate significant gambling tax revenues
for the City. A business owner seeking to start a new social card room in the City has called into
question the City's ability to prohibit future card room uses while allowing legal non conforming
social card games to remain.
To allow time for further review of the legal, political, financial and practical considerations
involved with this issue, a moratorium was established and has been extended twice (in May and
September, 2010). After extensive study of the issue both publically and internally, it appears in
the City's best interests to allow social card rooms for a finite term of three years.
DISCUSSION
The proposed ordinance eliminates the current partial ban on social card rooms by repealing
TMC Chapter 5.20 "Certain Gambling Activities Prohibited This has the effect of allowing
social card rooms city -wide, subject to a sunset clause in three years. The City Council may
select a longer term for the sunset clause. Additionally, the proposed ordinance clarifies the
penalty applicable to late gambling tax payments.
RECOMMENDATION
The Council is being asked to approve the proposed ordinance and consider this item at the
January 24, 2011 Committee of the Whole meeting and subsequent February 7, 2011 Regular
Meeting.
ATTACHMENTS
Draft Ordinance
21
22
W 1. F T
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NO. 1917 §1, AS CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 5.20, "CERTAIN
GAMBLING ACTIVITIES PROHIBITED PROHIBITING SOCIAL CARD
ROOMS CONDUCTED AS A COMMERCIAL STIMULANT EFFECTIVE
JANUARY 1, 2014; AMENDING ORDINANCE NO. 1809 §1 (PART) AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.08.080
"PAYMENT OF TAX PENALTY FOR LATE PAYMENTS
TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE
NO. 2279 AND EXTENDED BY ORDINANCE NO. 2307; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No.
2279, which declared an emergency necessitating the immediate imposition of a
moratorium of limited duration on the filing of applications for building permits,
development permits, or any other permits its or approvals required for food or drink
establishments seeking to conduct new social card room gambling activities, or to
expand existing social card room gambling activities, whether as a principal use or as
an accessory use, as more particularly described in Ordinance No. 2279; and
WHEREAS, on May 3, 2010 and September 20, 2010, the moratorium was
renewed to allow time for further study of the issue; and
WHEREAS, the three existing social card rooms operating in Tukwila generate
significant gambling tax revenues for the City; and
WHEREAS, at least one business has expressed an interest in acquiring a State
license to operate an additional social card room in Tukwila and this business venture has
called into question the ability of the City to prohibit future card room uses while allowing
legal non conforming social card rooms to remain; and
WHEREAS, the prohibition on certain gambling activities, and exceptions thereto, set
forth in Chapter 5.20 of the Tukwila Municipal Code, and Ordinance No. 1917 §1 shall be
repealed to allow social card rooms citywide until December 31, 2013, after which social
card rooms conducted as a commercial stimulant will thereafter be prohibited effective
January 1, 2014;
W: Word Processing \Ordinances \Social and Card Game Rooms
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23
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 5.20 TMC Repealed. Ordinance No. 1917, 1, as codified at
Tukwila Municipal Code Chapter 5.20, "Certain Gambling Activities Prohibited," is hereby
repealed in its entirety.
Section 2. Prohibition Against Social Card Rooms Operated as a Commercial
Stimulant. The operation or conduct of social card rooms operated as a commercial
stimulant, as defined by RCW 9.46.0282, is prohibited within the City of Tukwila effective
January 1, 2014, except bona fide charitable or nonprofit organizations may operate or
conduct social card rooms within the City of Tukwila pursuant to RCW 9.46.0311.
Section 3. Ordinance Amended. Ordinance No. 1809 §1 (part) as codified at
Tukwila Municipal Code Section 3.08.080, "Payment of Tax Penalty for Late
Payments," is hereby amended to read as follows:
3.08.080 Payment of Tax Penalty for Late Payments.
A. The tax imposed by this chapter shall be due and payable in quarterly
installments, and remittance therefor shall accompany each return and be made on or
before the last day of the month following the quarterly period in which the tax accrued.
B. There shall be added a penalty for each payment due, if such payment is not
made by the due date thereof, as follows:
1. A lump sum penalty equal to 10% penalty of the tax due, with a minimum of
$2.00, for the first 17 days' delinquency;
2. A lump sum penalty equal to 15% penalty of the tax due, with a minimum of
$4.00, for the first 18 through 40 days' any delinquency of 18 or more days.
section.
Section 4. Repeal of Moratorium. The moratorium established under Ordinance
No. 2279 and extended by Ordinance No. 2307 shall terminate as of the effective date
of this ordinance.
Section 5. Repealer. Ordinance No. 1917 §1 is hereby repealed.
Section 6. Severability. Should any section, paragraph, sentence, clause or phrase
of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance
be pre empted by state or federal law or regulation, such decision or pre emption shall not
affect the validity of the remaining portions of this Ordinance or its application to other
persons or circumstances.
Section 7. Effective Date. This Ordinance shall be published in the official
newspaper of the City, and shall take effect and be in full force five (5) days after the date
of publication, and shall be retroactively applied to taxes payable for the first quarter of
2011.
W: Word Processing \Ordinances \Social and Card Game Rooms
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24
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, City Clerk Jim Haggerton, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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25
26
jf1LA'\
o City of Tukwila
o Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
January 10, 2011 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffle and De' Sean Quinn
Staff: Shawn Hunstock, Nora Gierloff, Evie Boykan, Shelley Kerslake and Kimberly Matej
Guests: Lynda Hall, CSC; Tim Iszley, Riverside Casino; Bob Brennan, Riverside Casino; Gary Hess,
Great American Casino; Christy Henry, Great American Casino; Jack Walker, Golden Nugget
Casino; and Victor Mena, Washington Gold Casino
CALL TO ORDER: Committee Chair Seal called the meeting to order at 4:57 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Prohibit Social Card Rooms (Repeal and Reenact TMC 5.201
Legislation was introduced seeking Council approval to repeal and reenact Tukwila Municipal Code
Chapter 5.20 in order to prohibit social cards rooms that are conducted as a commercial stimulant within
the City.
Currently, TMC 5.20 allows for the legal non conforming use and operation of existing social cards
rooms within the City of Tukwila; however, it also prohibits future card room uses. A business applicant
has recently expressed concern over the City's ability to allow (grandfather) and prohibit such actions
simultaneously. Currently, State law requires municipalities either allow or ban social card rooms.
Based on further review of legal, political and financial issues as well as state law, which took place
during a moratorium, it has been determined that it is in the best interest of the City to prohibit social card
rooms after a finite period of time, during which social card rooms would be allowed.
This ordinance is related to item B below, in that this first ordinance is the underlying legislation. Item B
recommends that the underlying legislation (the ban) be repealed for a finite amount of time (three years),
after which time the underlying ordinance goes back into effect. UNANIMOUS APPROVAL.
FORWARD TO JANUARY 24 COW FOR DISCUSSION.
B. Ordinance: Allow Social Cards Rooms for a 3 -Year Period (Reveal and Allow with Sunset TMC 5.201
Additional legislation seeks Council approval to repeal Tukwila Municipal Code Chapter 5.20 (as
discussed above) in order to allow the operation of social cards rooms, City -wide, subject to a sunset
clause of three years. UNANIMOUS APPROVAL. FORWARD TO JANUARY 24 COW FOR
]DISCUSSION.
C. Human Services Contracts
Staff is seeking full Council approval of six (6), two -year human services contracts for a variety of social
services as outlined below.
Contracts for human services programs last for a duration of two years, and are subject to regular review
as identified in each specific contract set forth between that respective agency and the City. The six (6)
contracts listed below are coming forward to Council for approval since each contract will total more than
$40,000 over the two -year duration, and some of these contracts may be considered interlocal agreements,
both of which require Council approval.
27
s
i City of Tukwila
6
Community Affairs and Parks Committee
4 .905-
COIVIMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
January 10, 2011 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffle and De' Sean Quinn
Staff: Shawn Hunstock, Nora Gierloff, Evie Boykan, Shelley Kerslake and Kimberly Matej
Guests: Lynda Hall, CSC; Tim Iszley, Riverside Casino; Bob Brennan, Riverside Casino; Gary Hess,
Great American Casino; Christy Henry, Great American Casino; Jack Walker, Golden Nugget
Casino; and Victor Mena, Washington Gold Casino
CALL TO ORDER: Committee Chair Seal called the meeting to order at 4:57 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Prohibit Social Card Rooms (Reveal and Reenact TMC 5.201
Legislation was introduced seeking Council approval to repeal and reenact Tukwila Municipal Code
Chapter 5.20 in order to prohibit social cards rooms that are conducted as a commercial stimulant within
the City.
Currently, TMC 5.20 allows for the legal non conforming use and operation of existing social cards
7 rooms within the City of Tukwila; however, it also prohibits future card room uses. A business applicant
has recently expressed concern over the City's ability to allow (grandfather) and prohibit such actions
simultaneously. Currently, State law requires municipalities either allow or ban social card rooms.
Based on further review of legal, political and financial issues as well as state law, which took place
during a moratorium, it has been determined that it is in the best interest of the City to prohibit social card
rooms after a finite period of time, during which social card rooms would be allowed.
This ordinance is related to item B below, in that this first ordinance is the underlying legislation. Item 13
recommends that the underlying legislation (the ban) be repealed for a finite amount of time (three years),
after which time the underlying ordinance goes back into effect. UNANIMOUS APPROVAL.
FORWARD TO JANUARY 24 COW FOR DISCUSSION.
B. Ordinance: Allow Social Cards Rooms for a 3 -Year Period (Repeal and Allow with Sunset TMC 5.201
Additional legislation seeks Council approval to repeal Tukwila Municipal Code Chapter 5.20 (as
discussed above) in order to allow the operation of social cards rooms, City -wide, subject to a sunset
clause of three years. UNANIMOUS APPROVAL. FORWARD TO JANUARY 24 COW FOR
DISCUSSION.
C. Human Services Contracts
Staff is seeking full Council approval of six (6), two -year human services contracts for a variety of social
services as outlined below.
Contracts for human services programs last for a duration of two years, and are subject to regular review
as identified in each specific contract set forth between that respective agency and the City. The six (6)
contracts listed below are coming forward to Council for approval since each contract will total more than
$40,000 over the two -year duration, and some of these contracts may be considered interlocal agreements,
28 both of which require Council approval.
COUNCIL AGENDA SYNOPSIS
,1Lq y, Initials ITEM IVO.
V (1X Meeting Date 1 Prepared by 1 M. ,i eview Council review
O 1' t t 6 1 02/14/11 1 BM I 1 i. 1
a 02/22/11 I BM I I 1
1 4. a:
I� O.
ITEM INFORMATION
CAS NUMBER: 1 1-014 I STAFF SPONSOR: BRANDON MILES I ORIGINAL AGENDA DATE: 2/14/11
END;\ TI'I ?ICI TITLE Authorize the Mayor to sign an Interagency Agreement with Washington State
Department of General Administration to utilize Performance Contracting for
lighting upgrades to City facilities.
CA i I?GORY Discussion N Motion Resolution Ordinance Bid Award Public Hearing n Other
Mtg Date 02/14/11 Mtg Date 02/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Achy Svcs DCD Finance Fire Legal P&R Police NV
SPONSOR'S In 2010 the City accepted a grant in the amount of $129,500 from the Washington State
SUMMARY Department of Commerce to complete energy upgrades to various city facilities. The
proposed energy upgrades are basic improvements to lighting and installation of motion
sensors that will reduce energy use and costs. The work will occur at City Hall, 6300
Building, the Community Center and the parking lot lights at Fort Dent. Staff proposes to
contract with the State for peformance contracting to complete the work.
Ri ?\'tK\VI?D BY U COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
n Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/14/11 COMMITTEE CHAIR: VERNA SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST°IMPACT FUND SOURCE
ExPI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$15,387 $58,153 $0
Fund Source: GREEN INITATIVES, MAYOR'S OFFICE
Comments: The City's contribution will be offset by any additional utility rebates the City receives
MTG. DATE RECOR D_OF COUNCIL ACTION
2/14/11
2/22/11
MTG. ATTACHMENTS
2/14/11 Interagency Agreement, with Attachments A, B, and C
Scope of Work
2/22/11
29
30
fLq
s City of Tukwila
f,4 Jim Haggerton, Mayor
o. ='r INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Brandon Miles, Senior Planner
DATE: February 7, 2011
SUBJECT: Lighting Upgrades to City Facilities
Interagency Agreement with Washington State Department of General
Administration
ISSUE
Authorizing the Mayor to enter into an interagency agreement with Washington State
Department of General Administration (GA) for the completion of energy upgrades to City Hall,
the 6300 Building, parking lot lights at Fort Dent and lighting upgrades at the Community
Center.
BACKGROUND
In 2010, the Mayor, with authorization from the City Council, accepted a grant in the amount of
$129,500 from the Washington State Department of Commerce to complete energy upgrades to
various city facilities. The proposed energy upgrades are basic improvements to lighting and
installation of motion sensors that will reduce energy use and costs. The work will occur at City
Hall, 6300 Building, the Community Center and the parking lot lights at Fort Dent'.
In order to complete the energy upgrades, City staff is proposing that the City utilize
performance contracting with the State of Washington Department of General Administration
(GA). Performance contracting is a cost effective method of completing energy upgrades to city
facilities. The method combines the design /build process typically used by the City into a
streamlined process. The City will select an Energy Service Company (ESCO), preapproved by
the State, to complete the energy upgrades. The ESCO is then responsible for designing and
completing the energy upgrades at a guaranteed price. Any cost overruns above the
contingency are borne by the ESCO and not the City.
The ESCO will also provide guaranteed energy savings to the City. Many cities lack the funds to
complete energy upgrades and use performance contracting as way to address this issue. In
these situations the ESCO completes the energy upgrades and then the energy savings from
the project are used to pay for the energy upgrades. If the energy upgrades do not materialize,
the ESCO is responsible for making up the difference.
City staff has met with Ameresco /Quantum, an ESCO, to look at completing the City's energy
upgrade project. They have projected the following energy and financial savings for the City
projects:
Per our agreement with Starfire Sports, the City is responsible for the parking lot, including lighting. 31
INFORMATIONAL MEMO
Page 2
Location Energy Savings (in Annual Dollar
kWh Savings
City Hall and 109,634 $9,846
6300 Building
Fort Dent Parking 25,623 $2,280
Lot
Community 65,011 $4,244
Center, Parking
Lot and Internal
Totals 200,268 1 $16,372
The total project cost, with contingency, is $163,904. The table below shows the sources of
funds for the project. Over 90 percent of the costs will be paid for by our grant or energy
rebates from Puget Sound Energy and Seattle City Light. The City will provide $15,387 of
budgeted funds to complete the project.
Total Project Cost 1 EEBCG Grant Funds 1 Utility Rebate 1 City Funds 1
1 $163,904 1 $129,500 1 $19,017 1 $15,387 1
We have conservatively estimated that the City will receive a 20% utility rebate for construction
related activities. If we receive more than anticipated, the additional funds would go to reduce
the City's match. Thus, no more than $15,387 of City funds would be expended for this project.
This would represent 26% of funds budgeted for this project in 2011 (Budget Line Item
#000.03.513.100.45.56).
The City will not be contracting directly with Ameresco /Quantum to complete the project, but
instead will be contracting with GA. GA will provide contract administration and project
management for the City's energy upgrade project. GA will also assist the City in completing an
energy savings review one -year from the date that our project is completed. This will help us to
determine if the energy savings forecasted are being realized.
DISCUSSION
Contracting with the State of Washington allows the City to quickly complete our energy
upgrades while at the same time ensuring that we realize the predicted financial savings. As
noted, the City will be providing a cash match of $15,387 to complete the energy upgrade
project. Based on the projected energy savings listed above, the City will recoup its initial
investment in approximately 11 months. After that the City will see a positive cash flow from the
completed energy upgrade project. If we looked at this as an investment opportunity the City
will see 106% return on our $15,387 investment.
The performance contracting method is a new tool that the City could use in the future for
energy upgrades to City facilities. If this project proves to be successful, staff hopes to work
with GA to upgrade other City facilities and use the energy savings from those projects to pay
for the improvements.
2 Funds will come from the Green Initiatives Fund in the Mayor's Office Budget
3 The City will be providing an additional $14,500 of "In- Kind" services for the project. The "In- Kind"
includes using existing staffing to administer that grant and to complete the work.
3 2 W:12011 Info MemoslEnergyGrant.doc
INFORMATIONAL MEMO
Page 3
The lighting improvements being completed will also be an upgrade at all the facilities. Both
the Community Center and Fort Dent have light level deficiencies that will be addressed as part
of this project.
Finally, completing the energy upgrades allows the City to meet the greenhouse gas reduction
goals set by City Council Resolution #1649 which calls for a 50 percent reduction of City
emissions by 2020.
RECOMMENDATION
The Council is being asked to approve the contract and consider this item at the February 14,
2011 Committee of the Whole meeting and subsequent February 22, 2011 Regular Meeting.
The item has been placed on tonight's Committee of the Whole meeting, and can be withdrawn
if the Committee has concerns. Staff is asking to move this to the Committee of the Whole
tonight because the Department of Commerce wants the City to expend our funds by the end of
May. If the Council acts at the February 22, 2011 Regular meeting we can start construction as
early as March 1.
ATTACHMENTS
Interagency Agreement, with Attachments A, B, and C
Detailed Scope of Work to be performed
W:12011 Info MemoslEnergyGrant.doc
33
34
Interagency Agreement Department of General Administration
Date: January 12. 2011 Interagency Agreement No: 2011- ERG -560
Interagency Agreement Between the
Department of General Administration
and
City of Tukwila
This Agreement, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Department of
General Administration, Facilities Division, Engineering Architectural Services, hereinafter referred to as
"GA and City of Tukwila, hereinafter referred to as the "CITY
The purpose of this Agreement is to establish a vehicle for GA to provide future Energy/Utility Conservation
Project Management and Monitoring Services to the CITY and to authorize the development of the energy
services proposal.
Now therefore, in consideration of the terms and conditions contained herein, or attached and incorporated by
reference and made a part hereof, the above -named parties mutually agree as follows:
1. Statement of Work
GA shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental
to the perfolnrance of the work set forth in Attachment "A" and Attachment "C attached. hereto and
incorporated herein by reference. Unless otherwise specified, GA shall be responsible for performing all
fiscal and program responsibilities as set forth in Attachment "A" and Attachment "C
Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement.
2. Terms and Conditions
All rights and obligations of the parties to this Agreement shall be subject to and governed by the teuris and
conditions contained in the text of this. Agreement.
The CITY shall provide the Energy Services Company (ESCO) with any additional contract language
necessary to comply with federal requirements under the American Recovery Reinvestment At of
2009 (ARRA) and the Energy Efficiency and Conservation Block Grant (EECBG). The ESCO and
their subcontractors are required to comply with all applicable federal regulations and reporting
procedures.
3. Period of Performance
Subject to its other provisions, the period of perfonnance of this master Agreement shall commence when
this Agreement is properly signed, and be completed on December 31, 2013 unless altered or amended as
provided herein.
4. Consideration
Compensation under this Agreement shall be by Amendment to this Agreement for each authorized project.
Each Amendment will include a payment schedule for the specific project.
Interagency Agreement No. 2011- ERG -560 Page 1 of 4
35
For Project Management Services provided by GA under Attachment "A" of this Agreement, the CITY will
pay GA a Project Management Fee for services based on the total project value per Project Management
Fees Schedule set forth in Attachment "B
If the CITY decides not to proceed with an Energy /Utility Conservation project that meets CITY's cost
effective criteria, then the CITY will be charged a Termination Fee per Attachment `B The Termination
Fee will be based on the estimated Total Project Value outlined in the Energy Audit and Energy Services
Proposal prepared by the ESCO.
If monitoring and verification services are requested by the CITY and provided by GA under Attachment
"C" of this Agreement, the CITY will pay GA $2,000.00 annually for each year of monitoring and
verification services requested.
Compensation for services provided by the ESCO shall be paid directly to the ESCO by the CITY, after GA
has reviewed, approved and sent the invoices to the CITY for payment.
5. Billing Procedure
GA shall submit a single invoice to the CITY upon completion of each authorized project, unless a project
specifies a Special Billing Condition in the Amendment. Each invoice will indicate clearly that it is for the
services rendered in performance under this Agreement and shall reflect the Agreement number.
GA will invoice for any remaining. services within 60 days of the termination of this Agreement.
6. Payment Procedure
The CITY shall pay all invoices received from GA within 90 days of receipt of properly executed invoice
vouchers. The CITY shall notify GA in writing if the CITY cannot pay an invoice within 90 days.
7. Non Discrimination
In the performance of this Agreement, GA shall comply with the provisions of Title VI of the Civil Rights
Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), and Chapter
49.60 RCW, as now or hereafter amended. GA shall not discriminate on the grounds of race, color, national
origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of
any sensory, mental, or physical disability in:
a) Any terns or conditions of employment to include taking affirmative action necessary to accomplish the
objectives of this part and
b) Denying an individual the opportunity ity to participate in any program provided by this Agreement
through the provision of services, or otherwise afforded others.
In the event of GA's non compliance or refusal to comply with the above provisions, this Agreement may
be rescinded, canceled, or terminated in whole or in part, and GA declared ineligible for further Agreement
with the CITY. GA shall, however, be given a reasonable time in which to cure this noncompliance. Any
dispute may be resolved in accordance with the "Disputes" procedure set forth therein.
8. Records Maintenance
The CITY and GA shall each maintain books, records, documents, and other evidence that sufficiently and
properly reflect all direct and indirect costs expended by either party in the performance of the services
described herein. These records shall be subject to inspection, review, or audit by personnel of both parties,
Interagency Agreement No. 2011- ERG -560 Page 2 of 4
36
other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so
authorized.by law. GA will retain all books, records, documents, and other material relevant to this
agreement for six years after expiration; and the Office of the State Auditor, federal auditors, and any
persons duly authorized by the parties shall have full access and the right to examine any of these materials
during this period.
9. Contract Management
a. The CITY Representative on this Agreement shall be:
Brandon 3. Miles, Senior Planner
City of Tukwila
Department of Connnnmity Development
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188 -8548
Telephone (206) 431 -3684
The Representative shall be responsible for working with GA, approving billings and expenses
submitted by GA, and accepting any reports from GA.
b. The GA Project Manager on this Agreement shall be:
Todd Flynn, P.E.
Dept. of General Administration
Fadilities Division
Engineering and Architectural Services
PO Box 41012
Olympia, WA 98504 -1012
Telephone (360) 902 -7251
Todd Flynn will be the contact person for all communications regarding the conduct of work under this
Agreement.
10. Hold Harmless
Each party to this Agreement shall be responsible for its own acts and /or omissions and those of its officers,
employees and agents. No party to this Agreement shall be responsible for the acts and/or omissions of
entities or individuals not a party to this Agreement.
11. Agreement Alterations and Amendments
The CITY and GA may mutually amend this Agreement. Such Amendments shall not be binding unless
they are in writing and signed by personnel authorized to bind the CITY and GA or their respective
delegates.
12. Termination
Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30)
days written notification. If this Agreement is so terminated, the terminating party shall be liable only for
performance in accordance with the terms of this Agreement for performance rendered prior to the effective
date of tennination.
Interagency Agreement No. 2011- ERG -560 Page 3 of 4
37
13. Disputes
If a dispute arises under this Agreement, it shall be determined in the following manner: The CITY shall
appoint a member to the Dispute Board. The Director of GA shall appoint a member to the Dispute Board.
The CITY and GA shall jointly appoint a third member to the Dispute Board. The Dispute Board shall
evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall
be final and binding on the parties hereto,
14. Order of Precedence
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence in the following order:
a) Applicable Federal and State Statutes and Regulations
b) Terms and Conditions
c) Attachment "A Project Management Scope of Work; Attachments "B Project Management Fees; and
Attachment "C Monitoring Services Scope of Work, and
d) Any other provisions of the Agreement incorporated by reference.
15. All Writings Contained Herein
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto.
AUTHORIZATION TO PROCEED
Agreed to and signed by:
City of Tukwila Department of General Administration
Facilities Division
Engineering Architectural Services
Signature Signature
Roger Wiefield. P.E.
Name Name
Energy Program Manager
Title Title
Date Date
The Department of General Administration provides equal access for all people without regard to race, creed,
color, religion, national origin, age, gender, sex, marital status, or disability. Contract information is available in
alternative formats. For more information, please call Eddie Miller at (360) 902-7219.
2011560IAAem
REVIEWED BY GA CFO 1/10/11
Interagency Agreement No. 2011 ERG -560 Page 4 of 4
38
ATTACHMENT A
Scope of Work
Energy/Utility Conservation Projects
Management Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2009 -151
GA will provide the following project management services for each specific project for the
CITY. Each individual project shall be authorized by Amendment to this Agreement.
1. Assist the CITY in the selection of an Energy Service Company (ESCO) consistent with the
requirements of RCW 39.35A for local governments; or 39.35C for state agencies and school
districts.
2. Assist in identifying potential energy /utility conservation measures and estimated cost
savings.
3. Negotiate scope of work and fee for ESCO audit of the facility(s).
4. Assist in identifying appropriate project funding sources and .assist with obtaining project
funding.
5. Negotiate the technical, financial and legal issues associated with the ESCO's Energy
Services Proposal.
6. Review and recommend approval of ESCO energy/utility audits and Energy Services
Proposals.
7. Provide assistance during the design, construction and commissioning processes.
8. Review and approve the ESCO invoice vouchers for payment.
9. Assist with final project acceptance.
10. Provide other services as required to complete a successful energy performance contract.
Interagency Agreement No. 2411 -IRG -560
39
ATTACHMENT B
2009-11 Interagency Reimbursement Costs
for Project Management Fees to Administer
Energy/Utility Conservation Projects
PROJECT
TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION
$5,000,000 or more. 1.1% of project cost $25,500
Below 5,000,000 $68,800 $25,500
fl 4,000,000 64,900 23,600
3,000,000 59,900 21,700
2,000,000 52,800 19,600
1,500,000 47,800 17,150
1,000,000 40,800 16,150
900,000 38,900 15,000
800,000 36,900 13,950
700,000 34,600 12,800
600,000 31,900 11,500
500,000 28,700 10,100
400,000 24,800 8,800
300,000 19,800 7,300
200,000 10,500 4,400
100,000 6,500 3,000
50,000 4,000 2,000
20,000 2,000 1,000
1. These fees cover project management services for energy /utility conservation projects managed
by GA's Energy Program.
2. Termination fees cover the selection and project management costs associated with managing
the ESCO's investment grade audit and proposal that identifies cost effective conservation
measures if the CITY decides not to proceed with the project through GA.
3. If the project meets the CITY' s cost effectiveness criteria and the CITY decides not to move
forward with a project, then the CITY will be invoiced per Attachment B Telluination or
$25,500.00 whichever is less. If the CITY decides to proceed with the project then the
Agreement will be amended per Attachment B for Project Management Fee,
4. If the audit fails to produce a project that meets the CITY's established Cost Effectiveness
Criteria, then there is no cost to the CITY and no further obligation by the CITY.
Interagency Agreement No. 2011 -ERG -560
40
ATTACHMENT C
Scope of Work
Energy /Utility Conservation Projects
Monitoring Services
Statewide Energy Performance Contracting Program
Master Energy Services Agreement No. 2009 -151
If requested GA will provide the following monitoring services for each specific project for the
CITY.
1. Monitor actual energy use and dollar costs, compare with the ESCO's annual Measurement.
and Verification (M &V) report and any ESCO guarantee, resolve differences, if needed, and
approve any vouchers for payment.
2. Monitor facility operations including any changes in operating hours, changes in square
footage, additional energy consuming equipment and negotiate changes in baseline energy
use which may impact energy savings.
3. Provide annual letter report describing the ESCO's performance, equipment perfounance and
operation, energy savings and additional opportunities, if any, to reduce energy costs.
Interagency Agreement No. 2011- ERG -560
41
SCOPE OF WORK
City Hall Energy Upgrades
Retrofit approximately 460 fluorescent fixtures with reduced wattage lamps and ballasts.
Install approximately 16 occupancy sensors in areas of sporadic use.
Fort Dent Park Lot
Replace approximately 57 metal halide fixtures in the parking lot with new fixtures
including T -5 lamps and electronic ballasts.
Tukwila Community Center Park Lot Liahts
Replace approximately 27 metal halide fixtures in the parking lot with new fixtures
including T -5 lamps and electronic ballasts.
6300 Building Energy Upgrades
Retrofit three fluorescent fixtures with T -8 lamps and electronic ballasts.
Replace the fluorescent fixture in the elevator with new including T -8 lamps and ballasts.
Install approximately 23 occupancy sensors in areas of sporadic use.
Replace four exit signs with LED fixtures.
Tukwila Community Center (Optional)
OPTIONAL Continaent on Bids and on receiving rebates from utility providers.
We propose doing additional energy upgrades at the City's Community Center. The work
would include all or some of the items listed below:
Replace 26 metal halide fixtures in the gymnasium and corridor with six lamp T -8 fixtures
and high output ballasts.
Replace eight incandescent lamps and five metal halide fixtures near the rear entry with
compact fluorescent.
De- commission seven metal halide fixtures near the rear entry.
The total amount of work to be completed will be determined by any remaining grant
funds once the initial scope of work is complete.
42
COUNCIL AGENDA SYNOPSIS
4 �IILA' W Initials ITEM No.
J 4s
y
1 i,: I Meeting Date epared by M. �r eview Council review
a 9 I 02/14/11 I r. BG I J I
J r-z
I 02/22/11 I i BG
90 I I I I be
ITEM INFORMATION
CAS NUMBER: 1 1 -01 5 1 STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: FEBRUARY 14, 2011
AGENDA ITEM TITLE East Marginal Way S Stormwater Outfalls
Design Report Consultant Agreement with GHD, Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/14/11 Mtg Date 2/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR 111 Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S This contract is for a design report for the East Marginal Way S Stormwater Outfalls. Three
SUMMARY consultant firms were short- listed from the Consultant Works Roster and GHD was chosen
as the most qualified. Four outfalls are being analyzed to develop recommended
alternatives with proposed costs. Council is being asked to approve the design report
contract with GHD, Inc. in the amount of $44,985.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1'E: 1/25/11 COMMIl`IEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT' -FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$44,985.00 $50,000.00 $0.00
Fund Source: 412 SURFACE WATER FUND (PAGE 151, 2011 CIP)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
2/14/11
2/22/11
MTG. DATE ATTACHMENTS
2/14/11 Informational Memorandum dated 1/18/11
Page 151, 2011 CIP
Location Map
Consultant Agreement with Scope of Work and Fee
Minutes from the Utilities Committee meeting of 01/25/11
2/22/11
43—
44
o Cit of Tukwila
f Jim Haggerton, Mayor
'290. INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Director C j
DATE: January 18, 2011
SUBJECT: East Marginal Wav S Stormwater Outfalls
Project No. 91041204
Consultant Recommendation and Agreement
ISSUE
Approve a Consultant Agreement with GHD, Inc. to study outfall issues along East Marginal Way South
and provide recommendations.
BACKGROUND
Drainage along the northern portion of East Marginal Way South is conveyed to the Duwamish River
across private property through four separate outfalls. These outfalls are owned by Jorgensen Forge, the
Boeing Company, and the King County International Airport. The Jorgensen Forge outfall is being closed
by the end of January under an order by the Environmental Protection Agency (EPA) related to
contaminated sediment within the pipe as part of the Superfund cleanup of the Lower Duwamish River.
The Boeing Company has offered to give the City their 48" "Z-Line" outfall pipe since they will no longer
be using it following site demolition work at Plant 2. The King County International Airport is requesting
that the City perform a capacity analysis and enter into an agreement for the use of the two remaining
outfalls.
ANALYSIS
City surface water infrastructure was tied into these four outfall pipes as part of the East Marginal Way
roadway work that the City completed in 1996. Agreements for these connections need to be obtained for
three of the outfalls and an alternate outfall needs to be established for the closure of the Jorgensen
Forge outfall.
The current Consultant Roster was reviewed and three firms were short listed to perform this study. The
firms were: GHD, PACE Engineers, and Parametrix. GHD, Inc. was selected as the firm that best met the
requirements for this type of project as GHD has performed similar work for other cities. Staff met with the
proposed Project Manager and developed a scope of work for this project that includes developing
recommended alternatives with costs to solve each of the outfall issues.
BUDGET SUMMARY
This project will be funded through the 412 Surface Water Fund.
Cost Budg
GHD, Inc.. 44,985.00 50,000.00
RECOMMENDATION
The Council is being asked to approve a Consultant Agreement with GHD, Inc. in the amount of
$44,985.00 for consideration at the February 14, 2011 Committee of the Whole meeting and subsequent
February 22, 2011 Regular Meeting.
attachments: Page 151, 2011 CIP
Area Map
Consultant Agreement
W: \PW Eng\ PROJECTS \A- DR Projects \91041204 East Marginal Way Stormwater Outfalls \Info Memo East Marginal Way S.doc 4 5
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2011 to 2016
PROJECT: East Marginal Wy S Stormwater Outfalls Project No. 91041204
DESCRIPTION: Establish legal drainage connections from East Marginal Way South to the Duwamish River.
JUSTIFICATION: Drainage from E Marginal Wy S is discharged through outfalls owned and operated by the Boeing Co., Jorgensen
Forge, and two King County Airport storm systems without easements.
STATUS: Jorgensen Forge outfall was closed in 2010 under an order from the US EPA. The Boeing Company contracted the
City in 2009 requesting that the City take over ownership of their storm line and outfall.
MAINT. IMPACT: Clarifies maintenance responsibility and will ensure reliability of system.
COMMENT:
FINANCIAL Through Estimated
(in $000's) 2009 2010 2011 2012 2013 2014 2015 2016 BEYOND TOTAL
EXPENSES
Design 18 20 50 30 80 198
Land (R/W) 0
Const. Mgmt. 20 20
Construction 210 430 640
TOTAL EXPENSES 18 20 50 0 260 0 0 0 510 858
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 18 20 50 0 260 0 0 0 510 858
TOTAL SOURCES 18 20 50 0 260 0 0 0 510 858
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East Marginal Way South Stormwater Outfalls
48
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and GHD Inc., hereinafter referred to as "the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering services
in connection with the project titled East Marginal Way Drainage and Outfall Analysis.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 150 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $44,985.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
4 9
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify 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 negligent act, omission, breach of contract, or failure of the Consultant, 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 Consultant 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 Consultant. 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 Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional insured.
Certificates of coverage as required by this section shall be delivered to the City within fifteen
(15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
2
50
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non- Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
3
51
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
GHD
1201 Third Avenue, Suite 1500
Seattle, Washington 98101
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this day of 2011.
CITY OF TUKWILA GHD Inc.
By:
Mayor
Printed Name:
Title:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
4
52
EXHIBIT A
SCOPE OF WORK
FOR
City of Tukwila, Washington
East Marginal Way Drainage and Outfall Analysis
LOCATION OF WORK SITE: East Marginal Way between S. 194` and the north city limits
OBJECTIVE: Complete an alternatives analysis report including concept level project costs and
recommendations.
BACKGROUND: Roadway drainage systems improvements constructed as part of the City of Tukwila's East
Marginal Way South Street Improvement Project (Project No. 90 -RW02) directed roadway runoff to the
Duwamish River through four outfalls. Two of these outfalls are owned by King County and two are privately
owned. The privately owned outfalls are associated with Boeing's Plant 2 and the Jorgenson Forge facilities.
Prior investigations conducted on behalf of the City have evaluated stormwater and sediment quality associated
with the privately owned outfalls.
The City is disconnecting the East Marginal Way drainage system from the outfall on the Jorgenson Forge
property in late January 2011. As a temporary condition, the City plans to allow the drainage system to store
runoff until it reaches an overflow weir when it will spill over and discharge into the southern part of the
drainage system and eventually discharge through one of the King County outfalls. The City has asked GHD to
perform an analysis which will evaluate short- and long -term remedies for redirecting flows from the Jorgenson
Outfall and to recommend approaches to managing drainage at each of the four outfalls.
The City is considering taking ownership of Boeing's Z -line outfall. Boeing is eliminating discharge of its
runoff to this outfall and has offered the outfall to the City. If the City takes ownership of the outfall, the pipe
may require lining for a portion or all of its length to prevent mobilization of contaminants that may enter the
pipe.
The diversion of storm runoff from the Jorgenson outfall south to the King County outfall at the Boeing Issacson
property will necessitate evaluation of the hydraulic adequacy of this outfall to accept the additional runoff, an
assessment of appropriate water quality treatment measures, and an estimate of capital and operating costs to
implement improvements.
TASKS AND WORK PRODUCTS: GHD will furnish services and labor necessary to complete the following
tasks:
Task 1. Project Management and Administration
Approach:
GHD is responsible for management, administration, and coordination of the work defined in this Scope. This
task represents the labor and expenses associated with scheduling, coordinating, reporting, and communicating
with the City regarding the services for this work. The work is assumed to not exceed four (4) months in
duration.
Specific Work Tasks:
This task includes activities necessary to manage and administer this work assignment once it is approved.
Ongoing project management activities will include:
Project set -up activities including project files and accounting.
1
53
Preparation of brief monthly status reports. Four reports have been assumed.
Internal project management and status recording including monitoring the progress of the scope,
budget, and schedule for this project.
Ongoing record keeping and filing in accordance with established policies for this contract.
Client communications and progress meetings.
Project close -out.
Deliverables:
Monthly invoices over the term of this work assignment.
Monthly status reports including updated project schedules delivered as part of progress reports.
Task 2: Outfall Analysis Renort
Specific Work Tasks:
GHD will perform the following:
Obtain and compile existing drainage systems data available from the City and King County.
Perform site visit to verify base mapping and define field conditions.
o Identify any additional survey needed to complete alternatives analysis.
Develop alternatives that will address drainage needs for the East Marginal roadway tributary to the four
outfalls. Alternatives may include some of these preliminary options:
Use of the Z -line.
Reverse flow into King County Airport storm drainage system
Replacement of the Jorgenson outfall (following site remediation)
Connection to King County outfall
Construction of a new outfall or outalls
Evaluate alternatives by considering constructability, maintenance and operational features, capital and
operating costs, level of service, and comparative risks and benefits.
Perform hydrologic and hydraulic analyses, utilizing the XPSWMM model, to define capacities and
assess anticipated performance and level of service in the drainage system:
Under temporary drainage conditions, i.e. weir overflow into King County outfall
For the various alternatives considered
For the recommended alternative
Prepare draft and final report to document the analyses and:
Characterize the drainage conditions and needs in the project area
Define and evaluate available short- and long -term alternatives
Include planning level cost estimates for each alternative
Provide recommendations for both short and long -term implementation
Assumptions:
City will provide the following at the outset of the work:
GIS data (including topographic information, drainage network, outfall locations, pump station
locations, surface drainage information, aerial photographs, and property data)
e Background reports relevant to alternatives analysis
East Marginal Way storm drainage system construction drawings
CCTV inspection information for Z -line
1/19/2011 2 EMW Outfalls Scope.doc
54
Relevant water quality data, if available
Access to City Operations Staff to field review City facilities
GHD will submit a draft version of the report to the City, so that the City can review and comment. GHD will
incorporate comments from the draft review into the final version of the report.
Deliverables:
Meeting notes for project review meetings (2 meetings assumed)
Three (3) copies of draft report for review.
One (1) electronic copy and five (5) hard copies of the final report.
ANTICIPATED SCHEDULE
Authorization to begin work March 1, 2011
Task 2: Draft Outfalls Analysis Report May 13, 2011
Comments on Draft Report from the City June 3, 2011
Final Report submittal June 17, 2011
1/19/2011 3 EMW Outfalls Scope.doc
55
HOUR AND FEE ESTIMATE EXHIBIT B
City of Tukwila prepared by GHD
Budget for East Marginal Wa Outfall Analysis
Task 1 Project Management and Administration
�����9uou,�����ma��an�����[�����,-
'Rick Schaefer Project Director 1 $zss.00| $235.001
!Megan Holcomb Job 28 $z�5.OU. $��6O.O0/
|K|rkSmith Technical Support 0 $165.00 $0.00
W. Ray Edralin Staff Engineer 0 $125.00| $0.00
John Maestas CADD GIS Support 0 $zzs.00/ $n.00
37
Task 2 Outfall Anal
Rick Schaefer Project Director 20 $zss.on| $1
Megan Holcomb Job Manager 120 $145.001 $17/*00.00
Kirk Smith Technical Support 30 $165.00 $4
W. Ray Edra|in Staff Engineer 76 $125.00 $9
John Maestas cxoo/GI3 Support 26 $115.001
$2,990.00
Nicole Pierson Admin Suoport 6 $75.001 $450.00
kiiiTii nccom
278
�1�.���'���*���� ��y�::1a,
Travel: Parking, Mileage,
DIRECT EXPENSES: etc. *sn.no
Postage Delivery $25.001
Miscellaneous $15.001
omsideReproduction $uon
Total Fee $v4.9ms.00
56
f%
A p of Tukwila t o
a
‘d Utilities Committee
‘.:429_.;,;''
UTILITIES COMMITTEE
Meeting Minutes
January 25, 2011 5:00 p.m. Conference Room #1
PRESENT De'Sean Quinn, Chair; Dennis Robertson and Kathy Hougardy
Staff: Bob Giberson, Frank Iriarte, Ryan Larson, Robin Tischmak, Mike Cusick, Gail Labanara,
Shawn Hunstock, and Kimberly Matej
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:01 p.m.
L PRESENTATIONS No Presentations
II. BUSINESS AGENDA
A. East Marginal Wav South Stormwater Outfalls: Consultant Recommendation Agreement
Staff is seeking Council approval to enter into a consultant agreement GHD, Inc. to study and provide
recommendations for outfall issues (drainage connections) along the northern portion of East Marginal
Way South.
Currently, drainage from East Marginal Way South is discharged through four outfalls, none of which
have City easements. Establishing drainage connections and easements to these outfalls will clarify
R maintenance responsibility and ensure reliability of the drainage system. One outfall was closed by the
,i
Environmental Protection Agency in 2010, and the owner of another outfall (Boeing) has requested the
City take ownership of their outfall.
GHD, Inc., who was chosen from the MRSC's consultant roster, will conduct an outfall analysis report
and provide engineering alternatives to address existing concerns regarding drainage. City staff confirmed
that currently, the City of Tukwila is only responsible for the drainage off of East Marginal Way, not
private property. The work conducted by GHD will assist the City to ensure we are addressing drainage
concerns as well as not adopting existing problems with outfalls the City may choose to maintain /own.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
B. 2011 Annual Small Drainage Program: Consultant Recommendation Agreement
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of $74,996.04
for design services for the City's 2011 Annual Small Drainage Program.
KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and
has designed the Annual Small Drainage Program since 1991. Staff reminded Committee Members that
construction of some of the 2010 Small Drainage projects were delayed due to permit timing, and the
construction of these 2010 projects will combined with construction of the 2011 projects.
The five projects listed below have been identified for construction in 2011 through maintenance and
citizen concerns:
O 40 Avenue South Pipe Relining
Allentown Pipe Relining
South 150` Street Drainage
m Gilliam Creek at Andover Park East Trash Rack (grate to keep logs from sliding down stream)
6 East Marginal Way South (Museum of Flight) Drainage (multi- pronged project overlay)
Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way
to approach and construct these projects. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY
14 COW FOR DISCUSSION.
57
58
COUNCIL AGENDA SENTOPSIS
4 vJILA W Initials ITEM No.
ri c!.:::111 Meeti Date o epared by Mayo_ review I Council review
0 1 02/14/11 1 BG 1 1 t 1
%'.1f1 2 02/22/11 I BG
190• I I I 4, E
ITEM ,INFORMATION.
CAS NUMBER: 11-016 I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: FEBRUARY 14, 2011
AGENDA ITEM TITLE 2011 Annual Small Drainage Program
Design Consultant Agreement with KPG, Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/14/11 Mtg Date 2/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R ['Police PW
SPONSOR'S This contract is for design of the 2011 Annual Small Drainage Program. Three consultant
SUMMARY firms were short- listed from the Consultant Works Roster and KPG was chosen as the most
qualified. This year five sites are being designed for this contract. Construction later this
year will include the five 2011 sites and three sites that were delayed from 2010. Council
is being asked to approve the design contract with KPG, Inc. in the amount of $74,996.04.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/25/11 COMMITTEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMI1FEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$74,996.04 $1,111,000.00
Fund Source: 412 SURFACE WATER FUND (PAGE 144, 2011 CIP)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
2/14/11
2/22/11
MTG. DATE ATTACHMENTS
2/14/11 Informational Memorandum dated 1/19/11
Location Map
Photo of culvert and trash rack
Consultant Agreement with Scope of Work and Fee
Minutes from the Utilities Committee meeting of 01/25/11
2/22/11
60
J 4�y City of Tukwila
Jim Haggerton, Mayor
:1 9 0? INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: January 19, 2011
SUBJECT: 2011 Annual Small Drainage Program
Project No. 91041201
Consultant Recommendation Agreement
ISSUE
Approve KPG, Inc. to design the 2011 Annual Small Drainage Program.
BACKGROUND
The Annual Small Drainage Program repairs surface water projects that are identified through maintenance activities as well as
citizen complaints. This year, we are proposing the design of five projects for construction in 2011. Construction of these five
projects will be combined with the three projects from 2010 that were delayed due to permitting and time constraints.
DISCUSSION
Public Works staff reviewed the list of known system deficiencies and compiled a list of five projects for design in 2011. The five
projects selected are:
1. 40th Ave S Pipe Relining 4. Gilliam Creek at Andover Park East Trash Rack (see photo)
2. Allentown Pipe Relining (Pump #18 to river) 5. E Marginal Way S (Museum of Flight) Drainage
3. S 150th St Drainage (will include complete overlay from TIB to 42 Ave S)
The current Consultant Roster was reviewed and three firms were short listed to design the selected five projects. The firms
were: KPG Inc., PACE Engineers, and Parametrix. The Summary of Qualifications was evaluated for each firm and KPG, Inc.
was selected as the firm that best met the requirements. KPG, Inc. has designed the Annual Small Drainage Program since
1991 and Public Works staff continues to be very satisfied with their work. KPG also has a good working relationship with the
Washington Department of Fish and Wildlife, is knowledgeable of City requirements, remains flexible to design changes, and
continues to complete designs within the contracted amount.
It is recommended that KPG, Inc. design the 2011 Annual Small Drainage Program for a fee of $74,996.04. As only $60,000.00
is budgeted for design, construction funds will be used to supplement the budget. Additional funds are necessary to design the
3 site at S 150th St to include a new drainage system.
BUDGET SUMMARY
Contract Budget
Design 74,996.04 60,000.00
Construction Management 80,000.00
Construction 971,000.00
Total 74.996.04 1.111 000.00
RECOMMENDATION
The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $74,996.04 for the 2011 Annual
Small Drainage Program and consider this item at the February 14, 2011 Committee of the Whole meeting and subsequent
February 22, 2011 Regular Meeting.
attachments: Location Map
Photo of a trash rack
Consultant Agreement
W:IPW Eng\PROJECTSIA- DR Projectsi91041201 (Small Drainage 2010- 2011)1Design \Design 201111NFORMATION MEMO 2011.doc 6 1
62
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64
CONSULTANT AGREEMENT FOR
DRAINAGE DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and KPG, Inc., hereinafter referred to as "the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform drainage design
services in connection with the project titled 2011 Annual Small Drainage Program.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $74,996.04 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion
of the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
65
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant 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 Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant 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 Consultant. 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 Consultant, its
officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent 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 Consultant nor any employee of the Consultant shall
be entitled to any benefits accorded City employees by virtue of the services provided under
2
66
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
3
67
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 9th Avenue N.
Seattle, WA 98109
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this day of 2010
CITY OF TUKWILA CONSULTANT
By:
Jim Haggerton, Mayor Nelson Davis, KPG
Principal
Title:
Attest/Authenticated: Approved as to Form:
Christy O'Flaherty, CMC, City Clerk Office of the City Attorney
4
68
EXHIBIT A
City of Tukwila
2011 Small Drainage Program
Scope of Work
January 18, 2011
PROJECT DESCRIPTION
The Consultant shall prepare final Plans, Specifications and Estimates for the 2011 Small Drainage
Program. The project will include the following sites:
40 Ave S Pipe Relining Reline 36" CMP culvert under 40 Ave S just north of S 137 St
Allentown Pipe Relining Reline 400 ft of 36" pipe near Allentown Pump Station
S 150 St Drainage New drainage system from TIB to 42 Ave S
Gilliam Ck at APE Trash Rack New trash rack near Andover Park East
EMW (Museum of Flight) Drainage Replace drainage system near Museum of Flight.
The Consultant shall provide necessary surveying, project design, quantity and cost estimates, utility
coordination and permit coordination required to complete final bid documents. It is anticipated that sites
will be bid as a single bid package combined with the 2010 Small Drainage Program as budget or other
considerations allow. Sites will be prioritized based on available budget and other factors such as: permit
complexity, utility relocation needs, and easement requirements to achieve a realistic site listing for the
2011 Small Drainage Program.
The Consultant shall provide surveyed base maps with horizontal utility locations, or base maps created
from field measurements, ortho photography, and GIS data as necessary for each site. If necessary,
surveyed base maps will include right -of -way line work. Project horizontal and vertical datum will be
assumed on all sites.
The Consultant shall provide assistance to the City with preparation of a SEPA checklist, JARPA
application, and coordination with Washington Department of Fish and Wildlife and the US Army Corps
of Engineers for sites 1, 2, and 4.
For the 2011 Small Drainage Program, the Consultant shall submit a 50% Review Submittal (plans and
estimate only), and a 90% Review Submittal that includes plan, specifications and estimate to the City for
review prior to bidding.
It is the Consultants understanding that none of the 2011 Small Drainage Program sites require biological
assessments, additional permits beyond those listed, wetland delineations, geotechnical review, detention
facilities, or water quality treatment facilities. The budget assumes a straightforward approval process
with no special studies or extensive coordination.
City of Tukwila KPG, Inc.
2011 Small Drainage Program Page 1 of 4 January 18, 2011
69
SCOPE OF WORK
TASK 1 2011 Small Drainage Program Design
1.1 MANAGEMENT /COORDINATION /ADMINISTRATION
The Consultant shall provide continuous project management and administration for the
duration of the Project. (Estimate 4 months).
Hold project coordination meetings with the City to update progress and review
submittals. Assume (3) meetings.
The Consultant shall provide monthly status reports and billings.
The Consultant shall provide independent QA/QC reviews by senior in -house staff of all
deliverables prior to submittal to the City.
1.2 TOPOGRAPHIC SURVEY/UTILITY LOCATES
The Consultant shall prepare base maps for each 2011 Small Drainage Program site using
the following methods:
o 40th Ave S Pipe Relining Base map prepared using field measurements, GIS
data, and ortho photography.
o Allentown Pipe Relining Base map prepared using field measurements, GIS
data, and ortho photography
o S 150th St Drainage Surveyed base map with horizontal utility locations and
right -of -way line work based on available assessor information.
o Gilliam Creek at Andover Park East Trash Rack Base map prepared using field
measurements, GIS data, and ortho- photography.
o East Marginal Way (Museum of Flight) Drainage Surveyed base map with
horizontal utility locations.
Assumptions:
o The City shall complete the one -call utility locate request for each site and
coordinate the completion of utility locates in preparation for surveying.
o Horizontal and vertical datum will be assumed for each project location.
o Survey will not be required for 40 Ave S Pipe Relining, Allentown Pipe
Relining, or Gilliam Creek Trash Rack.
o Right -of -Way lines will only be provided on S. 150 Street.
o The City shall provide the Consultant with all available GIS data, ortho-
photography, and as -built information needed to complete base mapping.
City of Tukwila KPG, Inc.
2011 Small Drainage Program Page 2 of 4 January 18, 2011
70
1.3 PREPARE PLANS
The Consultant shall prepare final Plans for the proposed improvements including the
following:
o Plans shall be prepared with such provisions in such detail as to permit field layout
and construction within a degree of accuracy acceptable to the City and per industry
standards.
o It is assumed there will be thirteen (13) plan sheets at 1 =20' scale full size (22" X
34 1 =40' at reduced scale (11" X 17
o Details will be prepared for items not available as standard details from the City,
State, or WSDOT standard drawings.
o The plans shall illustrate complete details of construction of the proposed
improvements including limits of construction and removals, proposed invert
elevations, rim elevations and required construction materials.
o Drainage designs will be determined through consultation with City staff and from
previous experience rather than detailed basin modeling.
Assumptions
o No federal funding is anticipated for the Project engineering or construction.
o No utility upgrades are anticipated in the project design.
o Drainage Water Quality Reports will not be required.
o Geotechnical Engineering services will not be required.
o Potholing of existing underground utilities will not be required.
1.4 2011 SMALL DRAINAGE PROGRAM FINAL DESIGN
The Consultant shall conduct QA/QC and constructability reviews in the field for each site
and consult with City staff during the field reviews.
The Consultant shall calculate quantities and prepare Engineers Estimate of Probable
Construction Cost for each review submittal and the Bid Documents.
The Consultant shall prepare the Contract Specification per 2011 WSDOT Standard
Specifications for the 90% Review Submittal and the Bid Documents
The Consultant shall distribute 50% and 90% review submittals to franchise utility owners to
identify potential conflicts within the Project limits.
The Consultant shall assist the City with Project Advertisement and Award.
Assumptions
o No federal funding is anticipated for the Project engineering or construction.
o No utility upgrades are anticipated in the project design.
o Drainage Water Quality Reports will not be required.
o Geotechnical Engineering services will not be required.
o Environmental Documentation will not be required.
o Potholing of existing underground utilities will not be required.
City of Tukwila KPG, Inc.
2011 Small Drainage Program Page 3 of 4 January 18, 2011
71
Deliverables
o 50% review submittal with Plans and Estimate
o 90% review submittal with Plans, Specifications, and Estimate.
o Bid Documents and Engineer's Estimate
o 6 sets of Plans (11" X 17 and specifications provided for each review submittal.
o 10 sets of Plans (11" X 17 and specifications for the Bid Documents.
o Coordinate upload of Plans and Specifications to Builders Exchange.
TASK 2 2011 Small Drainage Program Permitting
2.1 The Consultant shall prepare a SEPA checklist for submittal to the City covering all sites
included in the 2011 Small Drainage Program.
2.2 The Consultant shall prepare a JARPA application for sites 1, 2, and 4. The application will
be sent to WDFW and USACE.
2.3 The Consultant shall perform field reviews and coordinate HPA approval for sites 1, 2, and 4
with local representative from WDFW
2.4 Although none of the projects are anticipated to require approval by the US Army Corps of
Engineers (USACE), the Consultant shall provide due diligence coordination with
representatives of USACE to verify that no further approvals are required. Budget
assumptions are to route the JARPA to the USACE, telephone and/or field coordination, and
providing requested feedback for the agency to make a determination.
Assumptions
o SEPA signage, fees, and internal coordination will be by the City.
o No wetland or stream delineations will be required.
o No special studies (biological assessments, etc.) will be required.
Deliverables
o SEPA Checklist
o JARPA application
o Documentation from agency coordination with WDFW and USACE.
City of Tukwila KPG, Inc.
2011 Small Drainage Program Page 4 of 4 January 18, 2011
72
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila
2011 SmaII Drainage Program Architecture
Landscape Architecture
Civil Engineering
I Labor Hour Estimate 11 Total Fee
Task Description Project Project Survey
Manager Engineer Field Crew Technician Clerical
177.45 113.57 140.00 94.34 69.01 Fee
Task 1 2011 SmaII Drainage Program Design
1.1 Management/Coordination /Administration 4 0 0 0 4$ 985.84
1.2 Topographic Survey Utility Locates
40th Ave S Pipe Relining GIS Basemap Field Measurements 0 0 0 8 0 1 754.72
Allentown Pipe Relining GIS Basemap Field Measurements 0 0 0 8 0 I 754.72
S 150th St Drainage Full Survey Right -of -Way 0 10 40 40 0 10,509.30
1 Gilliam Creek/APETrash Rack GIS Basemap Field Measurements 0 0 0 8 0 1 754.72
1 EMW (Museum of Flight) Drainage Survey structure elevations 0 0 10 8 0 1 2,154.72
1 1.3 Prepare Plans (Est 13 Sheets)
40th Ave S Pipe Relining (Est 1 Sheet) 2 8 0 8 0 2,018.18
Allentown Pipe Relining (Est 1 Sheet) 2 12 0 12 0 2,849.82
S 150th St Drainage (Est 4 Sheets) 4 1 40 0 60 0 10,913.00
Gilliam Creek/APE Trash Rack (Est 1 Sheet) 4 8 0 8 0 l$ 2,373.08
EMW (Museum of Flight) Drainage (Est 2 Sheets) 4 24 0 32 0 6,454.36
1.4 2011 Small Drainage Program
Field Reviews 1 2 8 0 4 0 1,640.82
Prepare 50% 90% Review Submittals 0 8 0 8 8 2,215.36
Utility coordination 2 8 0 1 8 0 1$ 2,018.18
Quantity and Cost Estimating 1 2 8 0 1 8 0 1$ 2,018.18
Prepare Specifications 1 2 16 0 0 8$ 2,724.10
Finalize Bid Documents 1 2 8 0 8 4 1$ 2,294.22
Reimbursable Expenses (See breakdown for details) 1 1 I I 6,300.00
Task 1 Total I 30 I 158 I 50 I 228 I 24 I 59,733.32
1/19/2011
v
W
4=. HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila P G
2011 Small Drainage Program Architecture
Landscape Architecture
Civil Engineering
Labor Hour Estimate 11 Total Fee
Task Description Project Project Survey
Manager Engineer Field Crew Technician Clerical
177.45 113.57 140.00 94.34 69.01 Fee
Task 2 2011 Small Drainage Program Permitting
2.1 Prepare SEPA checklist 4 1 16 0 8 8 3,833.72
2.2 Prepare JARPA Application
1 4 1 16 0 16 4 1 4,312.40
2.3 WDFW Coordination for HPA 4 1 8 0 1 0 4 1$ 1,894.40
2.4 USACE Coordination for NWP's 8 1 16 0 1 16 4 1 5,022.20
Reimbursable Expenses (See breakdown for details) 1 1 1 1 200.00
Task 2 Total I 20 I 56 0 40 I 20 15,262.72
Total Estimated Fee: 74,996.04
Reimbursable Breakdown Cost
(Task 1 2011 Small Drainage Program Design
Mileage 300.00
Reproduction 1,000.00
Gravitec Technical support for Tukwila Parkway Trashrack Fabrication 5,000.00
Task 1 Total 6,300.00
Task 2 2011 Small Drainage Program Permitting
Mileage 100.00 j
Reproduction 100.00
Task 2 Total 200.00 1
1/19/2011
o City of Tukwila
t ...A J Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
January 25, 2011 5:00 p. m. Conference Room #1
PRESENT De'Sean Quinn, Chair; Dennis Robertson and Kathy Hougardy
Staff: Bob Giberson, Frank Iriarte, Ryan Larson, Robin Tischmak, Mike Cusick, Gail Labanara,
Shawn Hunstock, and Kimberly Matej
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:01 p.m.
I. PRESENTATIONS No Presentations
II. BUSINESS AGENDA
A. East Marginal Wav South Stormwater Outfalls: Consultant Recommendation Agreement
Staff is seeking Council approval to enter into a consultant agreement GHD, Inc. to study and provide
recommendations for outfall issues (drainage connections) along the northern portion of East Marginal
Way South.
Currently, drainage from East Marginal Way South is discharged through four outfalls, none of which
have City easements. Establishing drainage connections and easements to these outfalls will clarify
maintenance responsibility and ensure reliability of the drainage system. One outfall was closed by the
Environmental Protection Agency in 2010, and the owner of another outfall (Boeing) has requested the
City take ownership of their outfall.
GHD, Inc., who was chosen from the MRSC's consultant roster, will conduct an outfall analysis report
and provide engineering alternatives to address existing concerns regarding drainage. City staff confirmed
that currently, the City of Tukwila is only responsible for the drainage off of East Marginal Way, not
private property. The work conducted by GHD will assist the City to ensure we are addressing drainage
concerns as well as not adopting existing problems with outfalls the City may choose to maintain/own.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
B. 2011 Annual Small Drainage Program: Consultant Recommendation Agreement
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of $74,996.04
for design services for the City's 2011 Annual Small Drainage Program.
KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and
has designed the Annual Small Drainage Program since 1991. Staff reminded Committee Members that
construction of some of the 2010 Small Drainage projects were delayed due to permit timing, and the
construction of these 2010 projects will combined with construction of the 2011 projects.
X
The five projects listed below have been identified for construction in 2011 through maintenance and
citizen concerns:
6 40`'' Avenue South Pipe Relining
9 Allentown Pipe Relining
South 150 Street Drainage
Gilliam Creek at Andover Park East Trash Rack (grate to keep logs from sliding down stream)
9 East Marginal Way South (Museum of FIight) Drainage (multi- pronged project overlay)
Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way
to approach and construct these projects. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY
14 COW FOR DISCUSSION.
75
76
COUNCIL AGENDA SYNOPSIS
�I►LA:'k I,zitials ITEM No.
l ,�ti.. I Meeting Date Prepared by Mayas review I Coir;Filrreview
t4 02/14/11 1 DH 1 /e,///) 1 ULU
'4. 02/22/11 1 DH 1
1-90 I I I I 4. C 1
ITEM: INFORMATION
CAS NUMBER: 1 1 -01 I -7 STAFF SPONSOR: CHIEF HAYNES I ORIGINAL AGENDA DATE: 2/14/11
AGENDA In TITLE Addendum to Valley Narcotics Enforcement Team (VNET) Interlocal Agreement
CATEGORY Discussion Motion Resolution Ordinance BidAivard Public Hearing Other
Mtg Date 02/14/11 Mtg Date 02/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
(SPONSOR I 1 Council 1 I Mayor Adm Svcs DCD Finance Fire Legal P&R Police PWI
SPONSOR'S The City of Seattle has expressed interest and intent on joining as a full member of the
SUMMARY VNET team, which currently consists of the following cities: Auburn, Federal Way, Kent,
Renton, Tukwila and Port of Seattle. The Council is being asked to approve Addendum No.
1 to have City of Seattle added to the VNET Interlocal Agreement.
RI :Vi1?.WED BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/8/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST.; IMPACT FUND
Exmm iNDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
1 MTG. DATE 'RECORD OF CO ACTION
02/14/11
1
1
MTG. DATE ATTACHMENTS
02/14/11 Informational Memorandum dated 2/1/11
VNET Addendum Number 1
VNET Interlocal Agreement
Minutes from the Finance and Safety Committee meeting of 2/8/11
02/22/11
77
78
A MP',,,, City of Tukwila
E a 17 Jim Haggerton, Mayor
`9os INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
FINANCE AND SAFETY COMMITTEE
FROM: David Haynes, Police Chief
DATE: FEBRUARY 1, 2011
SUBJECT: ADDENDUM TO VALLEY NARCOTICS ENFORCEMENT TEAM (VNET)
INTERLOCAL AGREEMENT
ISSUE
The Council is being asked to consider and approve Addendum No. 1 to the VNET Interlocal
Agreement.
BACKGROUND
The multi jurisdictional Valley Narcotics Enforcement Team (VNET) has been in existence for
many years. The members of which are Auburn, Federal Way, Kent, Renton, Tukwila and the
Port of Seattle. The team works with the Drug Enforcement Administration (DEA) on mid to
high -level narcotic investigations. The team concept has resulted in more effective pooling of
personnel, improved utilization of funds, reduced duplication of equipment, improved training,
development of specialized expertise, and increased capacity to investigate and enforce
narcotic crimes. The team is currently functioning under interlocal agreement number 09 -138.
DISCUSSION
In August 2010, the City of Seattle expressed interest and intent on joining as a full member of
the VNET team. Therefore, the agencies have drafted and are proposing the attached
Addendum to the VNET Interlocal Agreement.
RECOMMENDATION
The Council is being asked to consider this item at the February 14, 2011 Committee of the
Whole meeting and subsequent February 22, 2011 Regular Meeting.
ATTACHMENTS
Addendum No. 1 to VNET Interlocaf Agreement
VNET Interlocal Agreement dated 8/17/09
79
80
ADDENDUM NO. ONE
ADDENDUM TO INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, THE PORT OF
SEATTLE AND SEATTLE, FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM
THIS ADDENDUM is made and entered into this day of
20 by and between the cities /municipalities of Auburn, Kent, Renton, Tukwila, Port
of Seattle, Federal Way and Seattle. municipal corporations of the State of Washington,
as an addendum to the Agreement between the cities /municipalities of Auburn, Kent,
Renton, Tukwila, Port of Seattle, and Federal Way for the Valley Narcotics Enforcement
Team executed on the day of 20 pursuant to the
Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington (RCW).
W ITNESSETH:
WHEREAS, the cities /municipalities of Auburn, Kent, Renton, Tukwila, Port of
Seattle, and Federal Way joined together to form the Valley Narcotics Enforcement Team
as a multi jurisdictional team to effectively investigate and enforce the laws relating to
controlled substances. and,
WHEREAS, since the Valley Narcotics Enforcement Team was established, the City
of Seattle expressed its interest and intent on joining as a full member of the Team; and,
WHEREAS, consistent with the purposes and objectives for which the Valley
Narcotics Enforcement Team was formed, it is advantageous to include the City of Seattle
as a full member of the Team.
NOW THEREFORE in consideration of their mutual covenants, conditions and
promises, the PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO THE VALLEY NARCOTICS ENFORCEMENT TEAM
INTERLOCAL AGREEMENT GENERALLY: That the Valley Narcotics Enforcement Team
Interlocal Cooperative Agreement is amended to read as follows:
Whenever and wherever the Valley Narcotics Enforcement Team Interlocal
Cooperative Agreement indicates and lists the parties to the Agreement, the parties shall
hereafter include Auburn, Federal Way, Kent, Renton, Tukwila, the Port of Seattle and
Seattle.
ITEM TWO REVISION TO ARTICLE XVIII NOTIFICATION OF CLAIMS AND
LAWSUITS: That Article XVIII of the Interlocal Cooperation Agreement is amended to add
(in addition to the names and identifying information already listed and entitled to
notification) the following:
Page 1
81
Seattle:
Seattle City Attorney
600 4th Avenue, 4th Floor
PO Box 94769
Seattle, WA 98124 -4769
Phone: (206) 684 -8200
TTY Phone: (206) 233 -7206
FAX: (206) 684 -8284
Seattle Police Chief
610 Fifth Avenue
P.O. Box 34986
Seattle, WA 98124 -4986
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the
Interlocal Cooperation Agreement between the parties for the Valley Narcotics
Enforcement Team executed on the day of 20 pursuant
to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, shall
remain unchanged, and in full force and effect.
ITEM FOUR FILING
Upon execution hereof, this Addendum shall be filed with the city clerks of the
respective participating municipalities, and such other governmental agencies as may be
required by law.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Page 2
8 2
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date
Mayor, City of Seattle Date City Attorney, City of Seattle Date
City Clerk, City of Seattle Date
Page 3
83
June 17, 2009 09 -138
Council Approval 8/17/09
1NTERLOCAL COOPERATIVE AGREEMENT BETWEEN
AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND
THE PORT OF SEATTLE, FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
PARTIES
The parties to this agreement are the cities of Auburn, Kent, Renton,
Tukwila, Port of Seattle, and Federal Way.
The Valley Narcotics Enforcement Team is assigned to the Drug
Enforcement Administration (DEA) Task Force.
I1. AUTHORITY.
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and
53.08 of the Revised Code of Washington.
III. PURPOSE
The parties desire to establish and maintain a multi- jurisdictional team to
effectively investigate and enforce the laws relating to controlled substances.
IV. FORMATION
There is hereby established a multi jurisdictional team to be hereafter known
as the Valley Narcotics Enforcement Team "VNET the members of which
shall be the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle and Federal
Way. VNET has been in existence for some time and this Agreement
establishes an Inter -local Agreement between the listed jurisdictions. The future
admission or elimination of a jurisdiction as a member of VNET may be
accomplished by an addendum to this agreement.
V. STATEMENT OF PROBLEM
The municipalities within the Puget Sound area have experienced an
increase in urbanization, and in population densities. The ability to address
drug abuse and the crimes associated to controlled substances has stretched
the resources of individual police department specialty units.
Law enforcement efforts directed at dealing.with narcotic issues have, for the
most part, been conducted by law enforcement agencies working independently.
A multi jurisdictional effort to handle specific and complicated narcotic
investigations will result in more effective pooling of personnel, improved
utilization of funds, reduced duplication of equipment, improved training,
development of specialized expertise, and increased utilization /application of a
combined narcotic enforcement team. The results will be improved services for
all of the participating entities, increased safety for officers and the community,
and improved cost effectiveness.
Valley Narcotics Enforcement Team Interlocal Agreement 1
84 l 3` c: a C:9 6`�.5tria.
June 17, 2009
VI. TEAM OBJECTIVES
The assigned personnel from each participating agency will form a combined
investigation team "Team through VNET. Each Police Officer is assigned to
the Team via this agreement, and to DEA through individual agreements with
DEA. VNET shall also be available to outside law enforcement agencies as
outlined under mutual aid and as approved by DEA.
The objective of the VNET shall be to provide enhanced and more efficient
use of personnel, equipment, budgeted funds, and training. The combined
Team or individual detectives shall respond as able and as approved by the
DEA Supervisor when requested by any of the participating agencies.
VII. DURATION /TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its
adoption. This Agreement shall automatically extend for consecutive one (1)
year terms without action of the legislative bodies of the participating
jurisdictions, unless and until terminated pursuant to the terms of this
Agreement.
A jurisdiction may withdraw its participation in VNET by providing written
notice of its withdrawal, and serving such notice upon each Executive Board
member of the remaining jurisdictions. A notice of withdrawal shall become
effective ninety (90) days after service of the notice on all participating
members.
The VNET may be terminated by a majority vote of the Executive Board. Any
vote for termination shall occur only when the police chief of each participating
jurisdiction is present at the meeting in which such vote is taken.
In the event that VNET withdraws its participation in the DEA Task Force,
this agreement will remain in effect as VNET operates independently as it has
done in the past.
VIII. GOVERNANCE
The affairs of the VNET shall be governed by an Executive Board whose
members are composed of the police chief, or his /her designee, from each
participating jurisdiction. A presiding officer shall be elected by the Board to
serve as Chair. Each member of the Board shall have an equal vote and voice
on all Board decisions. All Board decisions shall be made by a majority vote of
the Board members, or their designees, appearing at the meeting in which the
decision is made. A majority of Board members, or their designees, must be
present at each meeting for any actions taken to be valid.
The Board shall meet monthly, unless otherwise determined by the Board.
The presiding officer, or any Board member, may call extra meetings as
deemed appropriate. The Chair shall provide no less than forty -eight (48) hours
notice of all meetings to all members of the Board; PROVIDED, however, that in
Valley Narcotics Enforcement Team Interlace! Agreement 2
85
June 17, 2009
emergency situations, the Chair may conduct a telephonic meeting or a poll of
individual Board members to resolve any issues related to such emergency.
IX. STAFF
The following Staff shall serve at the pleasure of the Board. Staff may be
removed for any reason by majority vote of the Board.
Team Supervisor: A Team Supervisor with the rank of Sergeant or
equivalent from his /her respective agency shall be appointed by the Board. The
VNET Supervisor shall act as the first level supervisor for the team and shall
report directly to the VNET Chair.
Office Manager: The VNET Office Manager shall be provided by the City of
Kent on a reimbursable basis and shall work under the direction of the Board.
The Office Manager reports directly to the Team Supervisor and is responsible
for unit accounting, reports, office support, and other duties as appropriate.
Attorney: An attorney shall be a member of the Team. The King County
Prosecutor's Office shall select and interview candidates and make a
recommendation to the Executive Board. The Executive Board will make the
selection after considering the recommendation. The attorney will be
responsible for reviewing and filing cases, wire orders, search warrants, the
prosecution of forfeiture cases, and other services as needed.
VNET Detectives: Each agency shall contribute one (1) full -time
commissioned officer to the Team.
Employees of Contributina Jurisdictions: The personnel assigned to the
Team shall be considered an employee of the contributing agency. That agency
shall be solely and exclusively responsible for the compensation and benefits for
that employee. All rights, duties, and obligations of the employer and the
employee shall remain with that individual agency. Each agency shall be
responsible for ensuring compliance with all applicable laws with regard to
employees and with provisions of any applicable collective bargaining
agreements and civil service rules and regulations.
In cases where the DEA procedures do not apply, each individual will follow
the General Orders as specified by the home agency.
X. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating
VNET Detectives. Each jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating VNET Detectives. Each jurisdiction shall provide sufficient funds to
provide for training of its participating VNET Detectives.
The equipment, supplies, and training provided by each jurisdiction to its
personnel participating in the VNET shall be equal to those provided by the
other participating jurisdictions.
Valley Narcotics Enforcement Team Interiocal Agreement 3
86
June 17, 2009
The Board shall be responsible for purchasing VNET equipment. Property
purchased using VNET funds or forfeited property shall remain the property of
the VNET unless the Board transfers it to a participating jurisdiction. The Board
will insure a record of the transaction is maintained. The Board must approve
any joint capital expenditure for VNET equipment of $1,500.00 or more.
Approval for capital expenditures of less than $1,500.00 may be authorized by
the VNET Chair.
XI. FINANCIAL REQUIREMENTS
VNET utilizes a Fiscal Agent for all account transactions and accounting.
One of the participating jurisdictions will fulfill the responsibility of Fiscal Agent.
The VNET operating budget relies primarily on three (3) funding sources:
State and Federal Grants, the participating agencies, and the VNET assets
forfeited at the state and federal levels.
Federal Grant funds are administered by the state and follow the state
budget cycle of July 1 through June 30 of the following year. VNET shall
request monthly reimbursements of expenses until the awarded amount is
exhausted. Once the Federal Grant has been exhausted, forfeited assets will
be used to pay expenses for the remainder of the budget cycle.
VNET shall prepare a budget each year that estimates the grant funds
available, and each participating agency shall provide VNET with the annual
cost to assign an officer or other approved personnel to the unit. An agency's
annual contribution is then divided by twelve (12) and credited towards the
monthly salary and benefits of the agency's participating personnel. All other
expenses are paid for by VNET utilizing either Grant funds or forfeited assets.
The Board shall agree upon a date each year by which time it will notify the
participating agencies of each agencies' expected contribution.
The DEA contribution to VNET includes providing office space, storage
space, parking, and phone service at no cost.
XII. DISTRIBUTION OF SEIZURE FUNDS
The VNET Board provides oversight of seized and forfeited assets via the
Fiscal Agent. Forfeited assets may be distributed to participating agencies when
deemed appropriate by the Board. The Board will endeavor to maintain
adequate financial resources to fund ongoing operations of the VNET.
XIII. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of the VNET, each participating jurisdiction shall retain sole
ownership of the equipment purchased and provided to its participating VNET
members.
Any assets acquired with joint funds of the VNET shall be equally divided
among the participating jurisdictions at the asset's fair market value upon
termination. The value of the assets of the VNET shall be determined by using
Valley Narcotics Enforcement Team Interlocal Agreement 4
87
June 17, 2009
commonly accepted methods of valuation. If two (2) or more participating
jurisdictions desire an asset, the final decision shall be made by arbitration
(described below). Any property not claimed shall be declared surplus by the
Board and disposed of pursuant to state law for the disposition of surplus
property. The proceeds from the sale or disposition of any VNET property, after
payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the VNET at the time of
dissolution. In the event that one (1) or more jurisdictions terminate their
participation in the VNET, but the VNET continues to exist, the jurisdiction
terminating participation shall be deemed to have waived any right or title to any
property owned by the VNET or to share in the proceeds at the time of
dissolution.
Arbitration pursuant to this section shall occur as follows:
a.. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the VNET upon dissolution shall meet to determine who
the Arbitrator will be. The Arbitrator may be any person not employed
by the jurisdictions that desire the property.
b. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and /or written presentation
to the Arbitrator in support of its position.
c. At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or
review.
XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the
VNET without the threat of being subject to liability to one another and to fully
cooperate in the defense of any claims or lawsuits arising out of or connected
with VNET actions that are brought against the jurisdictions. To this end, the
participating jurisdictions agree to equally share responsibility and liability for the
acts or omissions of their participating personnel when acting in furtherance of
this Agreement. In the event that an action is brought against any of the
participating jurisdictions, each jurisdiction shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The
jurisdictions shall share equally regardless of the number of jurisdictions named
in the lawsuit or claim or the number of officers from each jurisdiction named in
the lawsuit or claim. This section shall be subject to the conditions and
limitations set forth in subsections A through G below.
A. Jurisdiction Not Involved In VNET Response. In the event that a
jurisdiction or its personnel were not involved in the VNET response to
the incident that gives rise to a claim or lawsuit, and judgment on the
claim or lawsuit does not, in any manner, implicate the acts of a particular
Valley Narcotics Enforcement Team Interlocal Agreement 5
88
June 17, 2009
jurisdiction or its personnel, such jurisdiction shall not be required to
share responsibility for the payment of the judgment or award.
B. Intentionally Wronaful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification
or sharing in the payment of any judgment against any VNET personnel
for intentionally wrongful conduct that is outside of the scope of
employment of any individual or for any judgment of punitive damages
against any individual or jurisdiction. Payment of any award for punitive
damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share
equally the costs of such representation or defense,
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making VNET members available for depositions, discovery, settlement
conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the
jurisdictions act in good faith on behalf of each other in conducting
settlement negotiations on liability claims or lawsuits so that, whenever
possible, all parties agree with the settlement or, in the alternative, agree
to proceed to trial. In the event a claim or lawsuit requires the sharing of
liability, no individual jurisdiction shall be authorized to enter into a
settlement agreement with a claimant or plaintiff unless all jurisdictions
agree with the terms of the settlement. Any settlement made by an
individual jurisdiction without the agreement of the remaining jurisdictions,
when required, shall not relieve the settling jurisdiction from paying an
equal share of any final settlement or award.
Valley Narcotics Enforcement Team Interlocal Agreement 6
89
June 17, 2009
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
G. Insurance. The failure of any insurance carrier or self- insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
XV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating
jurisdiction or its employees for actions arising out of their conduct in support of
VNET operations, the jurisdiction shall promptly notify the other jurisdictions that
the claim or lawsuit has been initiated. Any documentation, including the claim
or legal complaints, shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction
would be liable for a claim, settlement, or judgment that arises from a VNET
action or operation, shall have the burden of notifying each participating
jurisdiction of all claims, lawsuits, settlements, or demands made to that
jurisdiction. In the event a participating jurisdiction has a right, pursuant to
section XVI of this Agreement, to be defended and held harmless by another
participating jurisdiction, the jurisdiction having the right to be defended and held
harmless shall promptly tender the defense of such claim or lawsuit to the
jurisdiction that must defend and hold the other harmless.
XVI. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction.
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of VNET activities. The lead jurisdiction shall be the jurisdiction within
which the VNET response occurred; PROVIDED, that in the event the
jurisdiction within which the VNET response occurred did not participate
in the VNET response, the lead jurisdiction shall be the jurisdiction within
which the incident that required the VNET response originated. In the
event that a jurisdiction that was not involved in the VNET response
receives the claim, that jurisdiction shall notify the other jurisdictions in
accordance with Section XVII of this Agreement, and shall use its best
efforts to determine who is the appropriate lead jurisdiction.
B. Assistance of VNET Supervisor.
The VNET Supervisor shall assist the lead jurisdiction in responding to a
claim. The VNET Supervisor shall be responsible for gathering all
records relating to the VNET response. These records shall include, but
are not limited to, incident reports, notes, transcripts, photos, evidence
logs, recorded statements, documents from emergency dispatch centers,
and warrants from all jurisdictions that participated in the VNET response.
The VNET Supervisor shall also provide a list of personnel who
participated in the response and their contact information. The VNET
Supervisor shall deliver all copies of the records to the lead jurisdiction
promptly upon request.
Valley Narcotics Enforcement Team Interlocal Agreement 7
90
June 17, 2009
C. Claims of $5,000 or Less.
Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Supervisor to gather records relating to the VNET response. The
lead jurisdiction shall provide records to its insurance provider and
shall assist its insurance provider in assessing liability for acts
associated with the claim. The lead jurisdiction shall notify the
other jurisdictions of any determinations as to liability. In
determining whether a claim should be paid, the lead jurisdiction
and its insurance provider shall, at a minimum, consider the
potential legal defenses to the claim and the costs of defending
the claim.
ii. Liability Determination Apportionment of Damages.
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the VNET is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and /or the
VNET. In the event the lead jurisdiction determines that payment
of a claim is appropriate, such determination shall be final and
binding upon other jurisdictions and payment shall be apportioned
equally among all jurisdictions that participated in the VNET
response. The insurance provider for the lead jurisdiction shall
provide full payment to the claimant, and each jurisdiction that
participated in the response shall reimburse the insurance provider
for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
of all jurisdictions participating in the VNET and each and every
officer, agent, or volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that the VNET is not
liable for damages set forth in a claim or that the payment of the
claim would not be in the best interest of the jurisdictions and /or
the VNET, the lead jurisdiction shall notify the other jurisdictions of
the determination, and such determination shall be binding on the
other jurisdictions; PROVIDED, that another jurisdiction that
determines that payment is appropriate may pay such claim in full,
and shall not seek reimbursement from the other participating
jurisdictions.
iii. Letter From Insurance Adjusters.
In the event a lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
Valley Narcotics Enforcement Team Interlocal Agreement 8
91
June 17, 2009
jurisdictions with a letter stating the determination and the bases
for such determination.
D. Claims over $5,000.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VNET to discuss the claim and to determine the
appropriate manner in which to respond and /or defend the claim.
The Board and persons listed in Section XVII of this Agreement
shall be notified of the meeting.
XVII. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event a jurisdiction is served with a lawsuit, that jurisdiction shall
provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XVII of this Agreement.
B. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the VNET to discuss the lawsuit
and to determine the appropriate manner within which to respond and /or
defend the lawsuit. The Board and persons listed in Section XX of this
Agreement shall be notified of the meeting.
XVIII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XVII of this Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction shall not
be deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96
RCW. Moreover, nothing in this Agreement shall be deemed acceptance of
service of a lawsuit, and the fact that a participating jurisdiction provides notice
or copies of a lawsuit to another jurisdiction shall not be deemed adequate
service of such lawsuit in accordance with the State or Federal Rules of Civil
Procedure or the Revised Code of Washington.
For the purposes of implementing Section XVII of this Agreement, the
following persons from each jurisdiction shall receive any required notification or
documentation:
Valley Narcotics Enforcement Team Interlocal Agreement 9
92
June 17, 2009
Auburn: Kent:
Auburn City Attorney Kent City Attorney
25 West Main Street 220 4 th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3030 (253) 856 -5781
Auburn Police Chief Kent Risk Manager
101 N. Division 220 4 th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
Auburn Human Resources Kent City Clerk
Director /Risk Manager 220 4 th Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856 -5728
(253) 931 -3040
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4 th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3039 (253).856 -5888
Federal Wav:
Federal Way City Clerk
P.O. Box 9718
Federal Way, WA 98063
Federal Way City Attorney
P.O. Box 9718
Federal Way, WA 98063
Renton:
Renton Risk Manager
1055 So. Grady Way
Renton, WA 98055
Port of Seattle: CIAW:
Port of Seattle Claims Manager Director of Claims
P.O. Box 1209 Canfield Associates, Inc.
Seattle, WA 98111 451 Diamond Drive
Ephrata, WA 98823
Valley Narcotics Enforcement Team lnterlocal Agreement 10
93
June 17,2009
Tukwila: WCIA:
City Clerk Claims Manager
City of Tukwila WCIA
6200 Southcenter Blvd. P.O. Box e''
Tukwila, WA 98043 1'WA '1'I3`
XIX. COMPLIANCE WITH THE LAW
The VNET and all its members shall comply with all federal, state, and local
laws that apply to the VNET.
XX. ALTERATIONS
This agreement may be modified, amended, or altered by agreement of all
participating agencies and such alteration, amendment, or modification shall be
effective when reduced to writing and executed in a manner provided for by this
agreement.
It .is recognized that during the course of operations, it may become
necessary to alter the terms of this Agreement to provide for efficient operation
of the VNET and to meet the goals of the VNET. It is further recognized that the
Board has the expertise necessary to provide for the efficient operation of the
VNET. To that end, the jurisdictions agree that changes may be made to this
Agreement, or addendums added to this Agreement, without prior approval of
the legislative bodies of the jurisdictions on the condition that such changes or
addendums shall be effective only by a unanimous vote of all members of the
Board.
XXI, RECORDS
Each agency shall maintain records relating to work performed by its
employees assigned to the VNET when operating outside DEA operations. The
VNET office manager shall maintain records relating to the operation of the
VNET to the extent required by law, All records shall be available for full
inspection and copying by each participating jurisdiction.
XXII. FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of
the respective participating municipalities, and such other governmental
agencies as may be required by law.
XXIII. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be
invalid by any court of competent jurisdiction, such adjudication shall not affect
the validity of any remaining section, part, or provision of this Agreement.
XXIV. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction
by its duly authorized representative and pursuant to an appropriate resolution
Valley Narcotics Enforcement Team Interlocal Agreement 11
94
June 17, 2009
or ordinance of the governing body of each participating jurisdiction. This
Agreement shall be deemed effective upon the last date of execution by the fast
so authorized representative. This Agreement may be executed by counterparts
and be valid as if each authorized representative had signed the original
document.
Valley Narcotics Enforcement Team Interlocal Agreement 12
95
June 17, 2009
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
1 O1
M. r, City �Yila Date C,'lty At or�ney, ity� of Tukwila Date
9; J
City Clerk, City of Tu J Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date
Valley Narcotics Enforcement Team Interlocal Agreement 13
96
City of Tukwila
a o Finance and Safety Committee
4, y
1.9.0
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
February 8, 2011 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson
Staff: Shawn Hunstock, Nick Olivas, Dave Haynes and Kimberly Matej
CALL TO ORDER: Chair Hougardy called the meeting to order at 5:01 p.m.
1. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Police Denartment Items
Staff has several items as listed below for which they are seeking Council approval.
1. Valley Narcotics Enforcement Team (VNET) Interlocal Agreement Addendum No. 1
Staff is seeking Council approval of Addendum No. 1 to the Valley Narcotics Enforcement Team
(VNET) which will allow the City of Seattle to join the Team as a full member.
Currently, this multi jurisdictional Team investigates and enforces laws relating to controlled
k substances. VNET consists of the following members cities: Auburn, Federal Way, Kent, Renton,
Tukwila and the Port of Seattle. The addition of Seattle as a full member will add to the Team's
effectiveness and expertise. All terms of the interlocal will remain the same with the exception of
adding the City of Seattle as a member city as well as listing Seattle for notification of relevant claims
and lawsuits. UNANIMOUS APPROVAL.. FORWARD TO FEBRUARY 14 COW FOR
DISCUSSION.
2. Valley Special Weapons and Tactics (SWAT) Team Interlocal Agreement Update
Staff is seeking Council approval to enter into an interlocal agreement between the following cities:
Renton, Kent, Federal Way, Tukwila and the Port of Seattle for the creation of the Valley Special
Weapons. and Tactics (SWAT) Team.
This Team currently exists under the name of Valley Special Response Team (VSRT), and also
includes the City of Des Moines. The new agreement will remove Des Moines as a member city,
change the name from VSRT to SWAT, and update address information. All other terms of the
agreement remain the same. The City Attorney has reviewed the updated agreement. UNANIMOUS
APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
3. Valley Civil Disturbance Unit: Interlocal Agreement
Staff is seeking Council approval to enter into an interlocal agreement with the cities of Auburn,
Federal Way, Kent, Tukwila and Renton for the creation of the Valley Civil Disturbance Unit
(VCDU). The VCDU provides a multi jurisdictional response to large scale events (i.e.: Rock N' Roll
marathon and other large sporting events) and/or civil disturbances (i.e.: demonstrations and riots).
The VCDU has been in existence since the late 1990s, but has operated in a mutual aid fashion. This
interlcoal agreement will be the first formal agreement regarding and formally creating the VCDU.
Benefits include but are not limited to: enhanced services, training, resources and known and familiar
97
98
COUNCIL AGENDA SYNOPSIS
104' r ITEM NO.
4S Initials
Meeting Date Prepared by Ma f zezv Coy <nc�l review I DM
la 4 d
02/22/11 1 DM 1 1 1
f�;' I -a. I i
1 i
q F z)
i
Q ITEM INFORMATION
CASNUMBI i 1 1 -018 1 STAFF SPONSOR: CHIEF HAYNES ORIGINAL AGENDA DATE: 2/14/11
AGENDA ITEM Tr11.1 Update to Valley SWAT Agreement
CA I'ISGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 2/14/11 Mtg Date 2/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR n Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S The interlocal agreement providing for the creation of the Valley Special Weapons and
SUMMARY Tactics Team needs to be updated to reflect the current membership of the team. A
previous participant, the City of Des Moines, has ended their involvement in the
agreement. Also, the team has officially changed its name from Valley Special Response
Team (SRT) to Valley Special Weapons and Tactics Team (SWAT)
RI?\'I BY COW Mtg. CA &P Cmte F &S Cmte 1 Transportation Cmte
Utilities Cmte Arts Comm. n Parks Comm. I I Planning Comm.
DATE: 2/08/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST`IMP FUND 'SOURCE
EXPI?NDITUR REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
so $o $o
Fund Source:
Comments:
1 MTG. DATE R E :COR D ''OF COUNCIL`ACTIOIV
02/14/11
MTG. DATE ATTACHMENTS
02/14/11 Informational Memorandum dated 02/02/11
Copy of the updated Interlocal Agreement
Original Agreement
Minutes from the Finance and Safety Committee Meeting of 02/08/11
02/22/11
100
J ar s
y City of Tukwila
0 1 Jim Haggerton, Mayor
AZ
90= INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Dennis McOmber, Police Commander
DATE: February 2, 2011
SUBJECT: Updated Valley SWAT Interlocal Agreement
ISSUE
The interlocal agreement providing for the creation of the Valley Special Weapons and Tactics
Team needs to be updated to reflect the current state of the team.
BACKGROUND
The composition of the cities that make up the Valley SWAT Team has changed. The prior
agreement was between the cities of Des Moines, Renton, Kent, Auburn, Federal Way, Port of
Seattle, and Tukwila. The City of Des Moines has ended their involvement in the agreement
and is no longer participating on the team.
In addition, the official name of the team has changed from Valley Special Response Team
(VSRT) to the Valley Special Weapons and Tactics Team (SWAT).
DISCUSSION
The specific changes to the agreement are as follows:
Removed the City of Des Moines as a participating agency.
9 Changed the team name from Valley Special Response Team (VSRT) to Valley Special
Weapons and Tactics Team (VSWAT).
Updated address information on the signature page.
These changes are primarily housekeeping items and do not significantly alter the existing
agreement. The City Attorney's Office has reviewed the updated agreement.
RECOMMENDATION
The Council is being asked to consider this item at the February 14, 2011 Committee of the
Whole meeting and subsequent February 22, 2011 Regular Meeting.
ATTACHMENTS
Updated Valley SWAT Interlocal Agreement
Original Interlocal Agreement
101
102
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF
SEATTLE, FOR CREATION OF THE
VALLEY SPECIAL WEAPONS AND TACTICS
TEAM
I. PARTIES
The parties to this Agreement are the Port of Seattle and the municipalities of Auburn,
Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation
operating under the laws of the State of Washington.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the
Revised Code of Washington.
III. PURPOSE
The parties hereto desire to establish and maintain a multi- jurisdictional SWAT Team to
effectively respond to high risk criminal occurrences as described below.
IV. FORMATION
There is hereby created a multi jurisdictional Team to be hereafter known as the "Valley
Special Weapons and Tactics Team" "VSWAT the members of which shall be the
Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. The
SWAT Team has been in existence for some time, and this Agreement is being re-
entered into in order to remove the City of Des Moines as a SWAT Team member.
The future admission or elimination of a jurisdiction as a member of the SWAT Team
may be accomplished by an addendum to this agreement.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have experienced
increasingly violent criminal confrontations due to, among other reasons, increased
gang activity; increased drug abuse, distribution, and manufacturing; increased
urbanization; and increased population densities. The ability to safely control, contain,
and resolve high risk criminal incidents such as civil disobedience, barricaded subjects,
hostage situations, gang member arrests, high risk felony arrests, and narcotic or high
risk search warrants has strained the resources of the members' individual police
departments.
Law enforcement efforts directed at dealing with these high risk criminal incidents have,
for the most part, been conducted by law enforcement agencies working independently.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 1
103
A multi jurisdictional effort to handle specific high risk criminal incidents, as well as
incidents involving weapons of mass destruction, results in more effective pooling of
personnel, improved utilization of municipal funds, reduced duplication of equipment,
improved training, development of specialized expertise, and increased
utilization /application of a combined special response team. This results in improved
services for the citizens of all participating jurisdictions, increased safety for officers and
the community, and improved cost effectiveness.
VI. TEAM OBJECTIVES
The individual specialty units from each participating jurisdiction will be consolidated
and combined to form the VSWAT Team. The SWAT Team shall service each
participating jurisdiction. The VSWAT Team may also be available to outside law
enforcement agencies as provided by chapter 10.93 RCW,
The objective of the VSWAT Team is to respond to specific high risk criminal incidents
in a manner that provides for the effective use of personnel, equipment, funds, and
training. The VSWAT Team shall respond as requested by any of the participating
jurisdictions and provide a coordinated response to high -risk incidents. As special
needs arise, it may be necessary to request from other law enforcement agencies
assistance and /or personnel, at the discretion of the VSWAT Team Incident
Commander and /or the VSWAT Team Tactical Commander.
VII. DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its adoption.
This Agreement shall automatically extend for consecutive one (1) year terms without
action of the legislative bodies of the participating jurisdictions, unless and until
terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in the VSWAT Team by providing written
notice of its withdrawal, and serving such notice upon each Executive Board member of
the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90)
days after service of the notice on all participating members.
The VSWAT Team may be terminated by a majority vote of the Executive Board. Any
vote for termination shall occur only when the police chief of each participating
jurisdiction is present at the meeting in which such vote is taken.
VIII. GOVERNANCE
The affairs of the Team shall be governed by an Executive Board "Board whose
members are composed of the police chief, or his /her designee, from each participating
jurisdiction. Each member of the Board shall have an equal vote and voice on all Board
decisions. All Board decisions shall be made by a majority vote of the Board members,
or their designees, appearing at the meeting in which the decision is made. A majority
of Board members, or their designees, must be present at each meeting for any actions
taken to be valid. A presiding officer shall be elected by the Board together with such
other officers as a majority of the Board may decide.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 2
104
The Board shall meet monthly, unless otherwise determined by the Board. The
presiding officer, or any Board member, may call extra meetings as deemed
appropriate. The presiding officer shall provide no less than forty -eight (48) hours
notice of all meetings to all members of the Board; PROVIDED, however, that in
emergency situations, the presiding officer may conduct a telephonic meeting or a poll
of individual Board members to resolve any issues related to such emergency.
The policies, regulations, and operational procedures in effect pursuant to the previous
interlocal agreement shall be in effect without action of the Board and until such time as
they are subsequently altered by the Board. The VSWAT Team written policies,
regulations, and operational procedures shall apply to all VSWAT Team operations.
Thus, to the extent that the written policies, regulations, and operational procedures of
the VSWAT Team conflict with the policies, regulations, and operational procedures of
the individual jurisdictions, the VSWAT Team written policies, regulations, and
procedures shall prevail.
IX. STAFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the Board
and the members of the VSWAT Team. The Tactical Commander shall operate under
the direction of the presiding officer of the Board. The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function, expenditures,
accomplishments, training, number of calls that the VSWAT Team responds to,
problems of the VSWAT Team, and any other matter as requested by the Board. The
Tactical Commander may be removed by action of the Board at anytime and for any
reason, with or without cause.
The Tactical Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the VSWAT Team. In addition, the Tactical
Commander shall be responsible for presenting rules, procedures, regulations, and
revisions thereto for Board approval.
Each jurisdiction shall contribute six (6) full -time commissioned officers, which shall
include at least one (1) Sergeant or other first level supervisor, to be assigned to the
VSWAT Team. Board approval must be obtained for the jurisdiction to assign less than
this staffing requirement. The personnel assigned to the VSWAT Team shall be
considered employees of the contributing jurisdiction. The contributing jurisdiction shall
be solely and exclusively responsible for the compensation and benefits for the
personnel it contributes to the VSWAT Team. All rights, duties, and obligations of the
employer and the employee shall remain with the contributing jurisdiction. Each
jurisdiction shall be responsible for ensuring compliance with all applicable laws with
regard to employees and with provisions of any applicable collective bargaining
agreements and civil service rules and regulations.
The Board may appoint the finance department of a participating jurisdiction to manage
the finances of the VSWAT Team. Before appointing the finance department of a
particular jurisdiction to manage the finances of the VSWAT Team, the Board shall
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 3
1 05
consult with the finance department of the jurisdiction and obtain its approval. The duty
of managing the finances of the VSWAT Team shall be rotated to other participating
jurisdictions at the discretion of the Board.
The Board may, at its discretion, appoint one (1) or more legal advisors to advise the
Board on legal issues affecting the VSWAT Team. The legal advisor(s) shall, when
appropriate or when requested by the Board, consult with the legal representatives of
all participating jurisdictions before rendering legal advice.
X. COMMAND AND CONTROL
During field activation of the VSWAT Team, an Incident Commander, VSWAT Team
Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The
duties and procedures to be utilized by the Incident Commander, the VSWAT Team
Tactical Commander, and the VSWAT Team Team Leader(s) shall be set forth in the
standard operating procedures approved by the Board. The standard operating
procedures approved by the board may designate other personnel to be utilized during
an incident.
XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating VSWAT
Team members. Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to
provide for training of its participating VSWAT Team members.
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the VSWAT Team shall, unless otherwise determined by the Board, be
equal to those provided by the other participating jurisdictions.
Each member jurisdiction shall maintain an independent budget system to account for
funds allocated and expended by its participating VSWAT Team members.
The Board must approve any joint capital expenditure for VSWAT Team equipment.
XII. DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections.
Each participating jurisdiction shall retain sole ownership of equipment purchased and
provided to its participating VSWAT Team members.
Any assets acquired with joint funds of the VSWAT Team shall be equally divided
among the participating jurisdictions at the asset's fair market value upon termination.
The value of the assets of the VSWAT Team shall be determined by using commonly
accepted methods of valuation. If two (2) or more participating jurisdictions desire an
asset, the final decision shall be made by arbitration (described below). Any property
not claimed shall be declared surplus by the Board and disposed of pursuant to state
law for the disposition of surplus property. The proceeds from the sale or disposition of
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 4
1 06
any VSWAT Team property, after payment of any and all costs of sale or debts of the
agency, shall be equally distributed to those jurisdictions participating in the VSWAT
Team at the time of dissolution in proportion to the jurisdiction's percentage
participation in the VSWAT Team as of the date of dissolution. In the event that one (1)
or more jurisdictions terminate their participation in the VSWAT Team, but the VSWAT
Team continues to exist, the jurisdiction terminating participation shall be deemed to
have waived any right or title to any property owned by the VSWAT Team or to share in
the proceeds at the time of dissolution.
Arbitration pursuant to this section shall occur as follows:
A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the VSWAT Team upon dissolution shall meet to
determine who the Arbitrator will be. The Arbitrator may be any person
not employed by the jurisdictions that desire the property.
B. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and /or written presentation to
the Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine which
jurisdiction is to receive the property. The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the VSWAT Team
without the threat of being subject to liability to one another and to fully cooperate in the
defense of any claims or lawsuits arising out of or connected with VSWAT Team
actions that are brought against the jurisdictions. To this end, the participating
jurisdictions agree to equally share responsibility and liability for the acts or omissions
of their participating personnel when acting in furtherance of this Agreement. In the
event that an action is brought against any of the participating jurisdictions, each
jurisdiction shall be responsible for an equal share of any award for or settlement of
claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee
the action is taken against or which jurisdiction or employee is ultimately responsible for
the conduct. The jurisdictions shall share equally regardless of the number of
jurisdictions named in the lawsuit or claim or the number of officers from each
jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions
and limitations set forth in subsections A through G below.
A. Jurisdiction Not Involved In VSWAT Team Resoonse. In the event that a
jurisdiction or its personnel were not involved in the VSWAT Team
response to the incident that gives rise to a claim or lawsuit, and judgment
on the claim or lawsuit does not, in any manner, implicate the acts of a
particular jurisdiction or its personnel, such jurisdiction shall not be
required to share responsibility for the payment of the judgment or award.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 5
1 07
B. Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification or
sharing in the payment of any judgment against any VSWAT Team
personnel for intentionally wrongful conduct that is outside of the scope of
employment of any individual or for any judgment of punitive damages
against any individual or jurisdiction. Payment of any award for punitive
damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share equally
the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making VSWAT Team members available for depositions, discovery,
settlement conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed to
trial. In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with the
terms of the settlement. Any settlement made by an individual jurisdiction
without the agreement of the remaining jurisdictions, when required, shall
not relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 6
10
G. Insurance. The failure of any insurance carrier or self- insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its
employees for actions arising out of their conduct in support of VSWAT Team
operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or
lawsuit has been initiated. Any documentation, including the claim or legal complaints,
shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would be
liable for a claim, settlement, or judgment that arises from a VSWAT Team action or
operation, shall have the burden of notifying each participating jurisdiction of all claims,
lawsuits, settlements, or demands made to that jurisdiction. In the event a participating
jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and
held harmless by another participating jurisdiction, the jurisdiction having the right to be
defended and held harmless shall promptly tender the defense of such claim or lawsuit
to the jurisdiction that must defend and hold the other harmless.
XV. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction.
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of VSWAT Team activities. The lead jurisdiction shall be the jurisdiction
within which the VSWAT Team response occurred; PROVIDED, that in
the event the jurisdiction within which the VSWAT Team response
occurred did not participate in the VSWAT Team response, the lead
jurisdiction shall be the jurisdiction within which the incident that required
the VSWAT Team response originated. In the event that a jurisdiction
that was not involved in the VSWAT Team response receives the claim,
that jurisdiction shall notify the other jurisdictions in accordance with
Section XIV of this Agreement, and shall use its best efforts to determine
who is the appropriate lead jurisdiction.
B. Assistance of Tactical Commander.
The VSWAT Team Tactical Commander shall assist the lead jurisdiction
in responding to a claim. The VSWAT Team Tactical Commander shall
be responsible for gathering all records relating to the VSWAT Team
response. These records shall include, but are not limited to, incident
reports, notes, transcripts, photos, evidence logs, recorded statements,
documents from emergency dispatch centers, and warrants from all
jurisdictions that participated in the VSWAT Team response. The Tactical
Commander shall also provide a list of personnel who participated in the
response and their contact information. The Tactical Commander shall
deliver all copies of the records to the lead jurisdiction promptly upon
request.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 7
109
C. Claims of $5,000 or Less.
Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Tactical Commander to gather records relating to the VSWAT
Team response. The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in
assessing liability for acts associated with the claim. The lead
jurisdiction shall notify the other jurisdictions of any determinations
as to liability. In determining whether a claim should be paid, the
lead jurisdiction and its insurance provider shall, at a minimum,
consider the potential legal defenses to the claim and the costs of
defending the claim.
ii. Liability Determination Apportionment of Damages.
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the VSWAT Team is
liable for damages set forth in a claim, and whether the payment of
the claim would be in the best interest of the jurisdictions and /or the
VSWAT Team. In the event the lead jurisdiction determines that
payment of a claim is appropriate, such determination shall be final
and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in the
VSWAT Team response. The insurance provider for the lead
jurisdiction shall provide full payment to the claimant, and each
jurisdiction that participated in the response shall reimburse the
insurance provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
of all jurisdictions participating in the VSWAT Team and each and
every officer, agent, or volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that the VSWAT Team
is not liable for damages set forth in a claim or that the payment of
the claim would not be in the best interest of the jurisdictions and /or
the VSWAT Team, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall be
binding on the other jurisdictions; PROVIDED, that another
jurisdiction that determines that payment is appropriate may pay
such claim in full, and shall not seek reimbursement from the other
participating jurisdictions.
iii. Letter From insurance Adjusters.
In the event a lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 8
110
jurisdictions with a letter stating the determination and the bases for
such determination.
D. Claims over $5,000.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VSWAT Team to discuss the claim and to
determine the appropriate manner in which to respond and /or
defend the claim. The Board and persons listed in Section XVII of
this Agreement shall be notified of the meeting.
XVI. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event a jurisdiction is served with a lawsuit, that jurisdiction shall
provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XIV of this Agreement.
B. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the VSWAT Team to discuss the
lawsuit and to determine the appropriate manner within which to respond
and /or defend the lawsuit. The Board and persons listed in Section XVII
of this Agreement shall be notified of the meeting.
XVII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XIV of this Agreement requires that the jurisdiction receiving a claim or
lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction shall not be
deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96
RCW. Moreover, nothing in this Agreement shall be deemed acceptance of
service of a lawsuit, and the fact that a participating jurisdiction provides notice or
copies of a lawsuit to another jurisdiction shall not be deemed adequate service
of such lawsuit in accordance with the State or Federal Rules of Civil Procedure
or the Revised Code of Washington.
For the purposes of implementing Section XIV of this Agreement, the following
persons from each jurisdiction shall receive any required notification or
documentation:
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 9
1 1 1
Auburn: Kent:
Auburn City Attorney Kent City Attorney
25 West Main Street 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3030 (253) 856 -5781
Auburn Police Chief Kent Risk Manager
340 East Main Street „Suite 201 220 4 th Avenue South
Auburn, WA 98002 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
Auburn Human Resources Kent City Clerk
Director /Risk Manager 220 4 th Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856 -5728
(253) 931 -3040
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4 th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3039 (253) 856 -5888
Port of Seattle: Federal Wav:
Port of Seattle Claims Manager Federal Way City Clerk
P.O. Box 68727 33325 8 th Avenue South
Seattle, WA 98168 Federal Way, WA 98003
Tukwila: Federal Way City Attorney
33325 8 th Avenue South
City Clerk Federal Way, WA 98003
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
WCIA: Renton:
Claims Manager Renton Risk Manager
WCIA 1055 So. Grady Way
P.O. Box 1165 Renton, WA 98057
Renton, WA 98057
CIAW:
Director of Claims
Canfield Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 10
112
I
XVIII. COMPLIANCE WITH THE LAW
The VSWAT Team and all its members shall comply with all federal, state, and local
laws that apply to the VSWAT Team.
XIX. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all participating
jurisdictions and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with paragraph XXIII of this
Agreement.
XX. RECORDS
Each jurisdiction shall maintain training records related to the VSWAT Team for a
minimum of seven (7) years. A copy of these records will be forwarded and maintained
with the designated VSWAT Team Training Coordinator. All records shall be available
for full inspection and copying by each participating jurisdiction.
XXI. FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of the
respective participating municipalities, and such other governmental agencies as may
be required by law.
XXII. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid by
any court of competent jurisdiction, such adjudication shall not affect the validity of any
remaining section, part, or provision of this Agreement.
XXIII. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its duly
authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction. This Agreement shall be deemed
effective upon the last date of execution by the last so authorized representative. This
Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCALAGREEMENT Page 11
113
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Dat
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 12
11
CAG -03 -080 Adden #1 -05
ADDENDUM ONE
TO THE VALLEY SPECIAL RESPONSE TEAM
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, THE PORT OF SEATTLE
THIS ADDENDUM ONE is made between the cities of Auburn, Federal Way, Kent,
Renton, Tukwila, and the Port of Seattle, all Washington municipal corporations, and amends
the Valley Special Response Team Interlocal Cooperative Agreement, dated effective
November 13, 2003
WITNESSETH
WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of
Seattle I entered into an interlocal cooperative agreement, in accordance with Chs 10 93,
39 34, and 53 08 of the Revised Code of Washington in order to establish and maintain a multi
jurisdictional team to effectively respond to serious criminal occurrences as described within that
agreement; and
WHEREAS, this multi- jurisdictional team is known as the Valley Special Response Team
("SRT"), and
WHEREAS, from time to time, claims and lawsuits are filed with and against the
jurisdictions that participate in the SRT for alleged damages and injuries that occur as a result of
SRT activities, and
WHEREAS, it is acknowledged that claims and lawsuits may be filed against
jurisdictions that did not participate in the SRT response that gave rise to the claim or lawsuit or
that a claim or lawsuit may be filed against a jurisdiction that is not in the best position to
coordinate a response to the claim or lawsuit; and
WHEREAS, the jurisdictions participating in the SRT have elected to enter into this
Addendum One in order to establish a process that will assist them in processing and
responding to claims and lawsuits in a matter that best meets the purposes and policies of the
Interlocal Agreement;
NOW THEREFORE, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the
Port of Seattle agree as follows
PROCESSING OF CLAIMS
A. Designation of Lead Jurisdiction
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of SRT activities The lead jurisdiction shall be the jurisdiction within
which the SRT response occurred, PROVIDED, that in the event the
jurisdiction within which the SRT response occurred did not participate in
the SRT response, the lead jurisdiction shall be the jurisdiction within
which the incident that required the SRT response originated In the
ADDENDUM ONE TO THE VALLEY
SRT (August 20, 200 AGREEMENT 1 of 6 ENTD OCT 0 2005
11 5
event that a jurisdiction that was not involved in the SRT response
receives the claim, that jurisdiction shall notify the other jurisdictions in
accordance with Section XIV of the Agreement and this Addendum and
shall use its best efforts to determine who is the appropriate lead
jurisdiction
B. Assistance of Tactical Commander
The SRT Tactical Commander shall assist the lead jurisdiction in
responding to a claim The SRT Tactical Commander shall be
responsible for gathering all records relating to the SRT response These
records shall include, but are not limited to, incident reports notes
transcripts, photos, evidence logs, recorded statements, documents from
emergency .dispatch centers, and warrants from all jurisdictions that
participated in the SRT response The Tactical Commander shall also
provide a list of personnel who participated in the response and their
contact information The Tactical Commander shall deliver all copies of
the records to the lead jurisdiction promptly upon request.
C Claims of $5,000 or Less.
Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Tactical Commander to gather records relating to the SRT
response The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in
assessing liability for acts associated with the claim. The lead
jurisdiction shall notify the other jurisdictions of any determinations
as to liability In determining whether a claim should be paid, the
lead jurisdiction and its insurance provider shall, at a minimum,
consider the potential legal defenses to the claim and the costs of
defending the claim.
ij. Liability Determination Apportionment of Damages
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the SRT is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and /or the
SRT In the event that the lead jurisdiction determines that
payment of a claim is appropriate, such determination shall be
final and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in the
SRT response. The insurance provider for the lead jurisdiction
shall provide full payment to the claimant, and each jurisdiction
that participated in the response shall reimburse the insurance
provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 2 of 6
(August 20, 2004)
116
of all jurisdictions participating in the SRT and each and every
officer, agent, or volunteer of those participating jurisdictions
In the event that the lead jurisdiction determines that the SRT is
not liable for damages set forth in a claim or that the payment of
the claim would not be in the best interest of the jurisdictions
and /or the SRT, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall be
binding on the other jurisdictions, provided, that another
jurisdiction that determines that payment is appropriate may pay
such claim in full, and shall not seek reimbursement from the other
participating jurisdictions
Letter From Insurance Adjusters
In the event that a lead jurisdiction, in conjunction with its
insurance provider, determines that payment of a claim is
appropriate, the insurance provider shall provide each of the
participating jurisdictions with a letter stating the determination
and the bases for such determination
Claims over $5,000
i. Lead Jurisdiction Responsibilities
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the SRT to discuss the claim and to determine the
appropriate manner in which to respond and /or defend the claim
The SRT Board members and persons listed in Section IV of this
Addendum shall be notified of the meeting
11 PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event that a jurisdiction is served with a lawsuit, that jurisdiction
shall provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XIV of the SRT Agreement and
this Addendum.
B. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the SRT to discuss the lawsuit
and to determine the appropriate manner within which to respond and /or
defend the lawsuit. The SRT Board members and persons listed in
Section Ill of this Addendum shall be notified of the meeting
111 NOTIFICATION OF CLAIMS AND LAWSUITS
Section XIV of the SRT Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation 6f that claim or lawsuit to the other jurisdictions In addition, the
procedures set forth in this Addendum require notification to participating
jurisdictions Nothing in the Agreement or this Addendum shall be deemed a
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 3 of 6
(August 20, 2004)
1 17
waiver by any participating jurisdiction of the requirements set forth in Chapter
2.96 RCW, and the fact that a participating jurisdiction provides notice or copies
of a claim to another jurisdiction shall not be deemed compliance with the
requirement that a party who files suit against a jurisdiction first file a claim with
the jurisdiction in accordance with Chapter 2.96 RCW Moreover, nothing in the
Agreement or this Addendum shall be deemed acceptance of service of a
lawsuit, and the fact that a participating jurisdiction provides notice or copies of a
lawsuit to another jurisdiction shall not be deemed adequate service of such
lawsuit in accordance with the State or Federal Rules of Civil Procedure or the
Revised Code of Washington
For the purposes of implementing Section XIV of the Agreement and the
procedures set forth in this Addendum, the following persons from each
jurisdiction shall receive any required notification or documentation
Auburn Kent:
Daniel B Heid Arthur Pat Fitzpatrick
Auburn City Attorney Kent Deputy City Attorney
25 West Main Street 2204 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 856 -5781
(253) 931 -3030
ofitzoatrickeci. kent.wa. us
dheidOci.auburn.wa_us
Jim Kelly Chris Hills
Auburn Police Chief Kent Risk Manager
101 N Division 220 4 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
ikellv(d ci.auburn.wa.us chillsna ci.kent.wa.us
Breqda Heineman Brenda Jacober
Auburn Human Resources Kent City Clerk
Director /Risk Manager 220 4 Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856 -5728
(253) 931 -3040 biacoberanci.kent.wa.us
bheinemanOci.auburn.wa.us
Danielle E. Daskam Ed Crawford
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3039 (253) 856 -5888
ddaskamOci.auburn.wa.us ecrawford(a�ci.kent.wa.us
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 4 of 6
(August 20, 2004)
118
Kent (cont.).
Dave Santos
Kent Police Support Services Mgr
220 4' Avenue South
Kent, WA 98032
dsantos anci.kent.wa.us
Federal Way' Renton.
City Clerk Mike Webby
City of Federal Way Renton Risk Manager
P 0 Box 9718 1055 So Grady Way
Federal Way, WA 98063 Renton, WA 98055
Patricia,Richardson Port of Seattle
Federal Way Q.ity: Attprney
City o- Federal Way Peggy McPartland
P 0 Box 9718 Port of Seattle Claims Manager
Federal Way, WA 98063 P 0 Box 1209
Seattle, WA 98111
mcoartland. oBoortseattle. orq
Tukwila. CIAW
City Clerk Phillip M Riche
City of Tukwila Director of Claims
6200 Southcenter Blvd Canfield Associates, Inc.
Tukwila, WA 98043 451 Diamond Drive
Ephrata, WA 98823
orichec Canfield- associates.com
WCIA.
Peg Campbell
Claims Manager
WCIA
P O Box 1165
Renton, WA 98057
peac(wciapool.orq
IV CONFLICT WITH AGREEMENT
If any provision of this Addendum conflicts with the provisions of the Agreement,
the terms of the Agreement shall control.
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 5 of 6
(August 20, 2004)
119
V EFFECTIVE DATE.
This Addendum shall become effective upon the last date of execution by the last
authorized representative
VI REMAINING PROVISIONS.
Except as specifically amended, all provisions of the Agreement shall remain in
full force and effect.
BY SIGNING BELOW, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this
Addendum,
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
e(A4 K-e-rVe-e-1- Lit)-Q5J- tA 01 4 4 0 43 A0 -er?l i a -A g /i 5 k
Mayor,. ity of Renton Date City Attorney, City of Renton Date
)&7t--fru-e, lik-er-en 04_5
Cit .lerk, City of Renton ate
Mayo City of Tukwila z.
Date l[y Attor ity oqukwila Date
L
.L.-6C i 11. t L.�. r
L.-
City clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City ♦1erk, Kent Date
Amy 4. _,-7 /2,_e_41 f ty Manbger, Cit of Fed- al Way/ �jD City Atto ey, City of Federal Way I DI e
Airtki.a.: `1 IF iz. S13I
W 1erk City of Federal -y' ate
Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date
P.1CI,WFLES'OP.. .'a/ ]miairN- Wen..dee
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 6 of 6
(August 20, 2004)
120
/CSC
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF
SEATTLE, FOR CREATION OF THE
VALLEY SPECIAL RESPONSE TEAM
1 PARTIES
The parties to this Agreement are the Port of Seattle and the municipalities of Auburn,
Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation
operating under the laws of the State of Washington
11 AUTHORITY
This Agreement is entered into pursuant to Chapters 10 93, 39 34, and 53 08 of the
Revised Code of Washington
111 PURPOSE
The parties hereto desire to establish and maintain a multi jurisdictional team to
effectively respond to serious criminal occurrences as described below
IV FORMATION
There is hereby created a multi jurisdictional team to be hereafter known as the "Valley
Special Response Team" "SRT the members of which shall be the Port of Seattle,
and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila As special needs
arise, it may be necessary to request from other law enforcement agencies assistance
and /or personnel, at the discretion of the SRT Incident Commander and /or the SRT
Tactical Commander
V STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have experienced
increasingly violent criminal confrontations due to increased gang activity, increased
drug abuse, increased urbanization, and increased population densities The ability to
safely control, contain, and resolve criminal conduct such as civil disobedience,
barricaded subjects, hostage situations, gang member arrests, high risk felony arrests,
and narcotic /high risk search warrants has strained resources of the members'
individual police department specialty teams
Law enforcement efforts directed at dealing with these violent confrontations have, for
the most part, been conducted by law enforcement agencies working independently A
multi jurisdictional effort to handle specific serious criminal confrontations, as well as
weapons of mass destruction, will result in more effective pooling of personnel,
improved utilization of municipal funds, reduced duplication of equi ment, improved
VALLEY SPECIAL RESPONSE TEAM 1 equi
cf
OPERATIONAL AGREEMENT O R G \I A L 5
121
training, development of specialized expertise, and increased utilization /application of a
combined special response team The results of a multi jurisdictional effort will be
improved services for the citizens of all participating jurisdictions, increased safety for
officers and the community, and improved cost effectiveness
VI TEAM OBJECTIVES
The individual specialty units from each participating jurisdiction will be consolidated
and combined to form the SRT The SRT shall service each participating jurisdiction
The SRT shall also be available to outside law enforcement agencies as provided by
chapter 10 93 ROW
The objective of the SRT shall be to provide enhanced use of personnel, equipment,
budgeted funds, and training The SRT shall respond as requested by any of the
participating jurisdictions and provide a coordinated response to high -risk incidents
VII DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its adoption
This Agreement shall automatically be extended for consecutive one (1) year terms,
unless terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in the SRT by providing written notice of its
withdrawal, and serving such notice upon each Executive Board member of the
remaining jurisdictions A notice of withdrawal shall become effective ninety (90) days
after service of the notice on all participating members
The SRT may be terminated by a majority vote of the Executive Board Any vote for
termination shall occur only when the police chief of each participating jurisdiction is
present at the meeting in which such vote is taken
VIII GOVERNANCE
The affairs of the team shall be governed by an Executive Board "Board whose
members are composed of the police chief, or his/her designee, from each participating
jurisdiction Each member of the Board shall have an equal vote and voice on all Board
decisions All Board decisions shall be made by a majority vote of the Board members,
or their designees, appearing at the meeting in which the decision is made A majority
of Board members, or their designees, must be present at each meeting for any actions
taken to be valid A presiding officer shall be elected by the Board together with such
other officers as a majority of the Board may decide
There shall be a minimum of four (4) Board meetings each year One meeting shall be
held in March of each year to review the prior year's service Another meeting shall be
held in August of each year to review and present a budget to the participating
jurisdictions At least two (2) other meetings shall be held each year to review the
SRT's activities and policies The presiding officer, or any Board member, may call
extra meetings as deemed appropriate The presiding officer shall provide no less than
forty -eight (48) hours notice of all meetings to all members of the Board, PROVIDED,
VALLEY SPECIAL RESPONSE TEAM 2
OPERATIONAL AGREEMENT
122
however, that in emergency situations, the presiding officer may conduct a telephonic
meeting or poll of Board members to resolve any issues related to such emergency
The Board shall develop SRT written policies, regulations, and operational procedures
within ninety (90) calendar days of the execution of this Agreement. The SRT written
policies, regulations, and operational procedures shall apply to all SRT operations
Thus, to the extent that the written policies, regulations, and operational procedures of
the SRT conflict with the policies, regulations, and operational procedures of the
individual jurisdictions, the SRT written policies, regulations, and procedures shall
prevail
IX. STAFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the Board
and the members of the SRT The Tactical Commander shall operate under the
direction of the presiding officer of the Board The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function, expenditures,
accomplishments, training, number of calls that the SRT responds to, problems of the
SRT, and any other matter as requested by the Board The Tactical Commander may
be removed by action of the Board at anytime and for any reason, with or without
cause
The Tactical Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the SRT In addition, the Tactical Commander shall
be responsible for presenting rules, procedures, regulations, and revisions thereto for
Board approval
Each jurisdiction shall contribute seven (7) full -time commissioned officers, which shall
include at least one (1) Sergeant or other first level supervisor, to be assigned to the
SRT The personnel assigned to the SRT shall be considered employees of the
contributing jurisdiction The contributing jurisdiction shall be solely and exclusively
responsible for the compensation and benefits for the personnel it contributes to the
SRT All rights, duties, and obligations of the employer and the employee shall remain
with the contributing jurisdiction Each jurisdiction shall be responsible for ensuring
compliance with all applicable laws with regard to employees and with provisions of any
applicable collective bargaining agreements and civil service rules and regulations
The Board may appoint the finance department of a participating jurisdiction to manage
the finances of the SRT Before appointing the finance department of a particular
jurisdiction to manage the finances of the SRT, the Board shall consult with the finance
department of the jurisdiction and obtain its approval The duty of managing the
finances of the SRT shall be rotated to other participating jurisdictions at the discretion
of the Board
The Board may, at its discretion, appoint one (1) or more legal advisors to advise the
Board on legal issues affecting the SRT The legal advisor(s) shall be the legal
representative(s) for one or more of the jurisdictions participating in the SRT The legal
VALLEY SPECIAL RESPONSE TEAM 3
OPERATIONAL AGREEMENT
1 23
advisor(s) shall, when appropriate or when requested by the Board, consult with the
legal representatives of all participating jurisdictions before rendering legal advice
X. COMMAND AND CONTROL
During field activation of the SRT, an Incident Commander, SRT Tactical Commander,
and SRT Team Leader(s) will be designated The duties and procedures to be utilized
by the Incident Commander, the SRT Tactical Commander, and the SRT Team
Leader(s) shall be set forth in the standard operating procedures approved by the
Board The standard operating procedures approved by the board may designate other
personnel to be utilized during an incident.
XI EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating SRT
members Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
SRT members Each participating jurisdiction shall provide sufficient funds to provide
for training of its participating SRT members
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the SRT shall be equal to those provided by the other participating
jurisdictions
Each member jurisdiction shall maintain an independent budget system to account for
funds allocated and expended by its participating SRT members
The Board must approve any joint capital expenditure for SRT equipment.
XII DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections
Each participating jurisdiction shall retain sole ownership of equipment purchased and
provided to its participating SRT members
Any assets acquired with joint funds of the SRT shall be equally divided among the
participating jurisdictions at the asset's fair market value upon termination The value of
the assets of the SRT shall be determined by using commonly accepted methods of
valuation If two (2) or more participating jurisdictions desire an asset, the final decision
shall be made by arbitration (described below) Any property not claimed shall be
declared surplus by the Board and disposed of pursuant to state law for the disposition
of surplus property The proceeds from the sale or disposition of any SRT property,
after payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the SRT at the time of dissolution in
proportion to the jurisdiction's percentage participation in the SRT as of the date of
dissolution In the event that one (1) or more jurisdictions terminate their participation in
the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall
be deemed to have waived any right or title to any property owned by the SRT or to
share in the proceeds at the time of dissolution
VALLEY SPECIAL RESPONSE TEAM 4
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124
Arbitration pursuant to this section shall occur as follows
A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the SRT upon dissolution shall meet to determine who the
Arbitrator will be The Arbitrator may be any person not employed by the
jurisdictions that desire the property
B During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and /or written presentation to
the Arbitrator in support of its position
C At the conclusion of the presentation, the Arbitrator shall determine which
jurisdiction is to receive the property The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review
XIII LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the SRT without the
threat of being subject to liability to one another and to fully cooperate in the defense of
any claims or lawsuits arising out of or connected with SRT actions that are brought
against the jurisdictions To this end, the participating jurisdictions agree to equally
share responsibility and liability for the acts or omissions of their participating personnel
when acting in furtherance of this Agreement. In the event that an action is brought
against any of the participating jurisdictions, each jurisdiction shall be responsible for an
equal share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall
share equally regardless of the number of jurisdictions named in the lawsuit or claim or
the number of officers from each jurisdiction named in the lawsuit or claim This section
shall be subject to the conditions and limitations set forth in subsections A through G
below
A. Jurisdiction Not Involved In SRT Resoonse In the event that a jurisdiction
or its personnel were not involved in the SRT response to the incident that
gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does
not, in any manner, implicate the acts of a particular jurisdiction or its
personnel, such jurisdiction shall not be required to share responsibility for
the payment of the judgment or award
B Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification or
payment of any judgment against any SRT personnel for intentionally
wrongful conduct that is outside of the scope of employment of any
individual or for any judgment of punitive damages against any individual
or jurisdiction Payment of any award for punitive damages shall be the
VALLEY SPECIAL RESPONSE TEAM 5
OPERATIONAL AGREEMENT
125
sole responsibility of the person or jurisdiction that employs the person
against whom such award is rendered
C Collective Representation and Defense The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action Those retaining joint counsel shall share equally the costs of
such representation or defense
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making SRT members available for depositions, discovery, settlement
conferences, strategy meetings, and trial
D Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E Settlement Process It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed to
trial In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with the
terms of the settlement. Any settlement made by an individual jurisdiction
without the agreement of the remaining jurisdictions, when required, shall
not relieve the settling jurisdiction from paying an equal share of any final
settlement or award
F Defense Waiver This section shall not be interpreted to waive any
defense arising out of RCW Title 51
G Insurance The failure of any insurance carrier or self- insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
VALLEY SPECIAL RESPONSE TEAM 6
OPERATIONAL AGREEMENT
126
XIV NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its
employees for actions arising out of their conduct in support of SRT operations, the
jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been
initiated Any documentation, including the claim or legal complaints, shall promptly be
provided to each participating jurisdiction
Any jurisdiction or member who believes or knows that another jurisdiction would be
liable for a claim, settlement, or judgment that arises from a SRT action or operation,
shall have the burden of notifying each participating jurisdiction of all claims, lawsuits,
settlements, or demands made to that jurisdiction In the event a participating
jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and
held harmless by another participating jurisdiction, the jurisdiction having the right to be
defended and held harmless shall promptly tender the defense of such claim or lawsuit
to the jurisdiction that must defend and hold the other harmless
XV COMPLIANCE WITH THE LAW
The SRT and all its members shall comply with all federal, state, and local laws that
apply to the SRT
XVI ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all participating
jurisdictions and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with paragraph XX of this
Agreement.
XVII RECORDS
Each jurisdiction shall maintain training records related to the SRT for a minimum of
seven (7) years A copy of these records will be forwarded and maintained with the
designated SRT Training Coordinator All records shall be available for full inspection
and copying by each participating jurisdiction
XVIII FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of the
respective participating municipalities, the Director of Records and Elections of King
County, the secretary of state, and such other governmental agencies as may be
required by law
XIX. SEVERAEILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid by
any court of competent jurisdiction, such adjudication shall not affect the validity of any
remaining section, part, or provision of this Agreement.
VALLEY SPECIAL RESPONSE TEAM 7
OPERATIONAL AGREEMENT
127
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its duly
authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction This Agreement shall be deemed
effective upon the last date of execution by the last so authorized representative This
Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date
P.cniNllESnp.wFMbiOt WTwwM1xY/.pMwYMFM.IWaM1deo
VALLEY SPECIAL RESPONSE TEAM 8
OPERATIONAL AGREEMENT
128
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its duly
authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction This Agreement shall be deemed
effective upon the last date of execution by the last so authorized representative This
Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Cl City of Auburn Date
.5" a 2,? Pa L, 3z.ta -0 3
Mayo City of Renton Date City Attorney, City of REirdon Date
i ?1,1Ax J L)a. ot- 5- 2- 3
City Clerk, City of Renton Date
Mayor City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Executive Director Port of Seattle Date Port Counsel, Port of Seattle Date
P:laelPF IlE5K1P.nFo., W 766. W AT4nbrbcaUg rR.v4 NFIn.1Uw.ftdoc
VALLEY SPECIAL RESPONSE TEAM 8
OPERATIONAL AGREEMENT
129
X.X. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its duly
authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction This Agreement shall be deemed
effective upon the last date of execution by the last so authorized representative This
Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton .Date
Mayor, City of Tukwila pate City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
r'1
City Clerk, City Fe al Way Date
442 i-r,s-77x-z_e_)6-04.-03 7-4 ik/but 6--ay.e23
xeduti've Director, Port of Seattle Date otinsel, Port f Seattle Date
VALLEY SPECIAL RPSPONSE TEAM 8
OPERATIONAL AGREEMENT
130
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each particip'atl jurisdiction by its duly
authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction This Agreement shall be deemed
effective upon the last date of execution by the last so authorized representative This
Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and ti;- ju .i ction agrees to the terms
ofthi
W9A3
Mayor, City of uburn Date ity Attortiey, City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attomey, City of Federal Way Date
City Clerk, City of Federal Way Date
Executive Director, Port of Seattle 'Date Port Counsel, Port of Seattle Date
P- 1W66HE In OMSWATinrocat .'"bJpllE.s
VALLEY SPECIAL RESPONSE TEAM 8
OPERATIONAL AGREEMENT
131
J q
;.�f sy� City of Tukwila
Q
3�� 2 Finance and Safety Committee
1;'90,6'-
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
February 8, 2011 5.:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson
Staff: Shawn Hunstock, Nick Olivas, Dave Haynes and Kimberly Matej
CALL TO ORDER: Chair Hougardy called the meeting to order at 5:01 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Police Department Items
Staff has several items as listed below for which they are seeking Council approval.
1. Valley Narcotics Enforcement Team (VNET) Interlocal Agreement Addendum No. 1
Staff is seeking Council approval of Addendum No. 1 to the Valley Narcotics Enforcement Team
(VNET) which will allow the City of Seattle to join the Team as a full member.
Currently, this multi jurisdictional Team investigates and enforces laws relating to controlled
substances. VNET consists of the following members cities: Auburn, Federal Way, Kent, Renton,
Tukwila and the Port of Seattle. The addition of Seattle as a full member will add to the Team's
effectiveness and expertise. All terms of the interlocal will remain the same with the exception of
adding the City of Seattle as a member city as well as listing Seattle for notification of relevant claims
and lawsuits. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR
DISCUSSION.
2. Valley Special Weapons and Tactics (SWAT) Team Interlocal Agreement Update
Staff is seeking Council approval to enter into an interlocal agreement between the following cities:
Renton, Kent, Federal Way, Tukwila and the Port of Seattle for the creation of the Valley Special
Weapons and Tactics (SWAT) Team.
This Team currently exists under the name of Valley Special Response Team (VSRT), and also
includes the City of Des Moines. The new agreement will remove Des Moines as a member city,
change the name from VSRT to SWAT, and update address information. All other terms of the
agreement remain the same. The City Attorney has reviewed the updated agreement. UNANIMOUS
APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
3. Valley Civil Disturbance Unit: Interlocal Agreement
Staff is seeking Council approval to enter into an interlocal agreement with the cities of Auburn,
Federal Way, Kent, Tukwila and Renton for the creation of the Valley Civil Disturbance Unit
(VCDU). The VCDU provides a multi jurisdictional response to large scale events (i.e.: Rock N' Roll
marathon and other large sporting events) and/or civil disturbances (i.e.: demonstrations and riots).
The VCDU has been in existence since the late 1990s, but has operated in a mutual aid fashion. This
interlcoal agreement will be the first formal agreement regarding and formally creating the VCDU.
Benefits include but are not limited to: enhanced services, training, resources and known and familiar
132
COUNCIL A G 1- NDA SYNOPSIS
0IILA ITEM NO.
Initials ?r 1 Meeting Date j Prepared by 1 Mayview I Council review
1' 0 1 02/14/11 DH 1 (-12 I
a t r�9� I 02/22/11 1 DH I I
.151 f- (3
ITEM 'INFORMATION
I CAS NUMBER: 1 1 -019 (STAFF SPONSOR: CHIEF HAYNES (ORIGINAL AGENDA DATE: 2/14/11
AGENDA ITEM Ti'i'is Valley Civil Disturbance Unit Interlocal Agreement (VCDU)
C. \1'FGURY Discussion Motion Resolution n Ordinance Bid Award 1 I Public Hearing Other
Mtg Date 02/14/11 Mtg Date 02/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
1 SPc )NSOR 1 I Council 1 1 Mayor n Adm Svcs DCD Finance n Fire Legal P&R Police PIF
SPONSOR'S The VCDU is a multi jurisdictional effort that includes Port of Seattle, Auburn, Federal
SUMMARY Way, Kent, Renton and Tukwila. The VCDU was formed to provide an enhanced response
to large -scale civil disturbances where the resources of an individual agency may prove
insufficient during a protracted and large -scale event. The Council is being asked to
approve the Interlocal Cooperative Agreement of the VCDU.
RI?VIISWF:D I3Y 1 1 COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Li Utilities Cmte n Arts Comm. 1 1 Parks Comm. Planning Comm.
DATE: 2/8/11 COMMILLEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND 'SOURCE
EXIT?NDI l URI? RI Q UIRT D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
1 MTG. DATE
RECOR ®j .OF COl1NCILACTION
02/14/11
02/22/11
MTG. DATE
ATTACHMENTS
02/14/11 Informational Memorandum dated 2/9/11 (Updated after FS meeting)
VCDU Interlocal Agreement
Minutes from the Finance and Safety Committee meeting of 2/8/11
02/22/11
133
134
4 :4(1LA *w
i, �y City of Tukwila
a c 4 Jim Haggerton, Mayor
1 MEMORANDUM
Y 40$ INFORMATIONAL M
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Bruce Linton, Police Commander
DATE: February 9, 2011
SUBJECT: Valley Civil Disturbance Interlocal Agreement
(Updated based on discussion at Finance and Safety Committee -See
underlined paragraph on Page 2)
ISSUE
The purpose of this informational memorandum is to request approval of the Tukwila Police
Department Civil Disturbance Team to formally participate as a member of and benefit from the
enhanced services, training and resources of The Valley Civil Disturbance Unit.
BACKGROUND
The valley agencies that currently train together as part of this multi jurisdictional effort known
as the Valley Civil Disturbance Unit (VCDU) are the Port of Seattle, and the cities of Auburn,
Federal Way, Kent, Renton and Tukwila. The VCDU was formed to provide an enhanced
response to large -scale civil disturbances where the resources of an individual agency may
prove insufficient during a protracted and large -scale event.
Many municipalities within the Puget Sound area have experienced periodic large -scale events
and civil- disturbances. These disturbances can manifest themselves in the form of civil
disobedience, unlawful passive and active demonstrations, as well as riots. In addition, Tukwila
and many cities within the valley host large -scale events such as the Tukwila to Seattle Rock N'
Roll Marathon, 4th at the Fort, Kent's Cornucopia Days, and many other large sporting events
which could require a specialized response during an incident. VCDU agencies have assisted
with many planned events as well as scaled responses to civil disturbances throughout the
Puget Sound.
DISCUSSION
Prior to the VCDU initiative, law enforcement agencies have worked independently at dealing
with large -scale incidences of civil disturbances and riots. When the response required more
that what the individual agency could resource, an uncoordinated call for mutual assistance
would occur. The challenges of an uncoordinated response will always result in a significant
delay in mitigating the issue as a result of unfamiliarity in procedures, organization and
command relationships and command and control of a large group of responders.
Benefits from such a coordinated multi- agency partnership would eliminate the above
challenges and would result in a more effective pooling of personnel and standardized
equipment, improved and standardized training, development of specialized expertise, improved
utilization of municipal funds, and an overall increase utilization /application of a combined civil
disturbance unit serving each participating jurisdiction.
135
INFORMATIONAL MEMO
Page 2
This agreement has been endorsed by the combined Chiefs of Police from all participating
agencies. The signed agreements from the following agencies are on file: The City of Renton,
The City of Auburn and The City of Kent. The specifics of the agreement are listed in the
attached document.
During the Finance and Safety and Safety Committee meeting, information was reauested as to
the Citv of Tukwila's costs of participating on the CDU Team. In order to maintain a civil
disturbance capability of trained officers within the Tukwila Police Department, $5,000.00 or Tess
has been budgeted for training and miscellaneous eauipment each near. In addition, each vear,
our Civil Disturbance Unit Officers receive 40 hours of specialized training focused on crowd
control tactics, crowd psychology. use -of- force, command and control techniques and the legal
aspects focused on mitigating liability.
RECOMMENDATION
The Council is being asked to approve the Interlocal Cooperative Agreement between the cities
of Auburn, Federal Way, Kent, Tukwila and The Port of Seattle, for the formal creation and
recognition of the Valley Civil Disturbance Unit and consider this item at the February 14, 2011
Committee of the Whole meeting and subsequent February 22, 2011 Regular Meeting.
ATTACHMENTS
Interlocal Cooperative Agreement
13 6 W:12011 Info Memos\VCDU Memo.doc
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF
AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF
SEATTLE, FOR CREATION OF THE
VALLEY Civil Disturbance Unit
I. PARTIES
The parties to this Agreement are the Port of Seattle and the cities of Auburn,
Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation
operating under the laws of the State of Washington.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the
Revised Code of Washington "RCW
III. PURPOSE
The parties hereto desire to establish and maintain a multi jurisdictional Valley Civil
Disturbance Unit (Valley CDU).
IV. FORMATION
There is hereby created a mufti-jurisdictional team to be hereafter known as the
"Valley Civil Disturbance Unit" "VCDU the members of which shall be the Port of
Seattle, and the cities of Auburn, Federal Way, Kent, Renton, Tukwila. The future
admission or elimination of a jurisdiction as a member of the VCDU may be
accomplished by an addendum to this Agreement.
V. STATEMENT OF PROBLEM
King County and municipalities within the Puget Sound area have experienced
periodic large -scale civil disturbances. These disturbances manifest themselves in
the form of civil disobedience, unlawful passive and active demonstrations, as well
as riots. Mass arrest situations are likely to result from the aforementioned
disturbances. Participants in this unlawful activity, or the tactics they employ will
usually out stretch the resources of any one single agency to effectively and
efficiently handle the situation.
Law enforcement efforts directed at dealing with these types of civil disturbances
have, for the most part, been conducted by law enforcement agencies working
independently. A multi jurisdictional effort to handle acts of civil disobedience,
passive and active demonstrations, as well as riots will result in more effective
pooling of personnel, improved utilization of municipal funds, reduced duplication of
equipment, improved training, development of specialized expertise, and increased
utilization /application of a combined civil disturbance unit. The results will be
VALLEY CIVIL DISTURBANCE UNIT 1
INTERLOCAL AGREEMENT 2009
137
improved services for all the participating agencies, increased safety for officers and
the community, and improved cost effectiveness.
VI. TEAM OBJECTIVES
The individual CDU teams from each participating municipality will consolidate into
one combined Civil Disturbance Unit, known as "the VCDU servicing each
participating jurisdiction. The VCDU shall also be available to outside law
enforcement agencies as provided by chapter 10.93 RCW.
The objective of the VCDU shall be to provide enhanced use of personnel,
equipment, budgeted funds, and training. The VCDU shall respond as requested by
any of the participating jurisdiction and provide a coordinated effective resolution to
civil disturbance incidents
VII. DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon the last
signed below. This Agreement shall automatically extend for consecutive one (1)
year terms without action of the legislative bodies of the participating jurisdictions,
unless and until terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in the VCDU by providing written notice
of its withdrawal, and serving such notice upon each Executive Board member of
the remaining jurisdictions. A notice of withdrawal shall become effective ninety
(90) days after service of the notice on all participating members.
The VCDU may be terminated by a majority vote of the Executive Board. Any vote
for termination shall occur only when the police chief, or the designee, of each
participating jurisdiction is present at the meeting in which such vote is taken.
VIII. GOVERNANCE
The affairs of the team shall be governed by an Executive Board ("Board"), whose
members are composed of the police chief, or his /her designee, from each
participating jurisdiction. Each member of the Board shall have an equal vote and
voice on all Board decisions. Unless otherwise specified in this Agreement, all Board
decisions shall be made by a majority vote of the Board members, or their
designees, appearing at the meeting in which the decision is made. A majority of
Board members, or their designees, must be present at each meeting for any
actions taken to be valid. A presiding officer shall be elected by the Board together
with such other officers as a majority of the Board may decide.
The Board shall meet quarterly or within a month following a VCDU deployment or
major training exercise, or as otherwise determined by the Board. The presiding
officer, or any Board member, may call extra meetings as deemed appropriate. The
presiding officer shall provide no less than forty -eight (48) hours notice of all
meetings to all members of the Board; PROVIDED, however, that in emergency
VALLEY CIVIL DISTURBANCE UNIT 2
INTERLOCAL AGREEMENT 2009
138
situations, the presiding officer may conduct a telephonic meeting or a poll of
individual Board members to resolve any issues related to such emergency.
The Board shall develop VCDU written policies, regulations, and operational
procedures within ninety (90) calendar days of the execution of this Agreement;
PROVIDED, any policies, regulations, and operational procedures in effect pursuant
to previous joint civil disturbance prevention operations shall remain in effect
without action of the Board and until such time as they are subsequently altered by
the Board. The VCDU written policies, regulations, and operational procedures shall
apply to all VCDU operations. To the extent that the written policies, regulations,
and operational procedures of the VCDU conflict with the policies, regulations, and
operational procedures of the individual jurisdictions, the VCDU written policies,
regulations, and procedures shall prevail.
IX. STAFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the
Board and the members of the VCDU. The Tactical Commander shall operate under
the direction of the presiding officer of the Board. The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function,
expenditures, accomplishments, training, number of events that the VCDU responds
to, problems of the VCDU, and any other matter as requested by the Board. The
Tactical Commander may be removed by action of the Board at anytime and for any
reason, with or without cause.
The Tactical Commander shall prepare quarterly written reports to the Board on the
actions, progress, and finances (if applicable) of the VCDU. In addition, the Tactical
Commander shall be responsible for presenting rules, procedures, regulations, and
revisions thereto for Board approval.
Each jurisdiction shall contribute a minimum (16) full -time commissioned officers,
which shall include at least two (2) Sergeants or other first level supervisor, to be
assigned as squad leaders on the VCDU. The personnel assigned to the VCDU shall
be considered employees of the contributing jurisdiction. The contributing
jurisdiction shall be solely and exclusively responsible for the compensation and
benefits for the personnel it contributes to the VCDU. All rights, duties, and
obligations of the employer and the employee shall remain with the contributing
jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all
applicable laws with regard to employees and with provisions of any applicable
collective bargaining agreements and civil service rules and regulations.
The Board may, at its discretion, appoint one (1) or more legal advisors to advise
the Board on legal issues affecting the VCDU. The legal advisor(s) shall, when
appropriate or when requested by the Board, consult with the legal representatives
of all participating jurisdictions before rendering legal advice.
X. COMMAND AND CONTROL
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During field activation of the VCDU, an Incident Commander, VCDU Tactical
Commander, and VCDU Team Leader(s) will be designated. The duties and
procedures to be utilized by the Incident Commander, the VCDU Tactical
Commander, and the VCDU Team Leader(s) shall be set forth in the standard
operating procedures approved by the Board. The standard operating procedures
approved by the Board may designate other personnel to be utilized during an
incident.
XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating VCDU
members. Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
VCDU members. Each participating jurisdiction shall provide sufficient funds to
provide for training of its participating VCDU members.
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the VCDU shall, unless otherwise determined by the Board, be equal
to those provided by the other participating jurisdictions.
Each member jurisdiction shall maintain an independent budget system to account
for funds allocated and expended by its participating VCDU members.
The Board must approve any joint capital expenditure for VCDU equipment.
XII. DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections.
Each participating jurisdiction shall retain sole ownership of equipment purchased
and provided to its participating VCDU members.
Any assets acquired with joint funds of the VCDU shall be equally divided among the
participating jurisdictions at the asset's fair market value upon termination. The
value of the assets of the VCDU shall be determined by using commonly accepted
methods of valuation. If two (2) or more participating jurisdictions desire an asset,
the final decision shall be made by arbitration (described below). Any property not
claimed shall be declared surplus by the Board and disposed of pursuant to state
law for the disposition of surplus property. The proceeds from the sale or
disposition of any VCDU property, after payment of any and all costs of sale or
debts of the agency, shall be equally distributed to those jurisdictions participating
in the VCDU at the time of dissolution in proportion to the jurisdiction's percentage
participation in the VCDU as of the date of dissolution. In the event that one (1) or
more jurisdictions terminate their participation in the VCDU, but the VCDU
continues to exist, the jurisdiction terminating participation shall be deemed to have
waived any right or title to any property owned by the VCDU or to share in the
proceeds at the time of dissolution.
Arbitration pursuant to this section shall occur as follows:
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A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which jurisdiction will receive the property. If
the jurisdictions cannot agree to an Arbitrator, the chiefs of the
jurisdictions participating in the VCDU upon dissolution shall meet to
determine who the Arbitrator will be. The Arbitrator may be any
person not employed by the jurisdictions that desire the property.
B. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and /or written
presentation to the Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or
review.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the VCDU
without the threat of being subject to liability to one another and to fully cooperate
in the defense of any claims or lawsuits arising out of or connected with VCDU
actions that are brought against the jurisdictions. To this end, the participating
jurisdictions agree to equally share responsibility and liability for the acts or
omissions of their participating personnel when acting in furtherance of this
Agreement. In the event that an action is brought against any of the participating
jurisdictions, each jurisdiction shall be responsible for an equal share of any award
for or settlement of claims of damages, fines, fees, or costs, regardless of which
jurisdiction or employee the action is taken against or which jurisdiction or
employee is ultimately responsible for the conduct. The jurisdictions shall share
equally regardless of the number of jurisdictions named in the lawsuit or claim or
the number of officers from each jurisdiction named in the lawsuit or claim. This
section shall be subject to the conditions and limitations set forth in subsections A
through G below.
A. Jurisdiction Not Involved In VCDU Response. In the event that a
jurisdiction or its personnel were not involved in the VCDU response to
the incident that gives rise to a claim or lawsuit, and judgment on the
claim or lawsuit does not, in any manner, implicate the acts of the
particular jurisdiction or its personnel, such jurisdiction shall not be
required to share responsibility for the payment of the judgment or
award.
B. Intentionally Wronaful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require
indemnification or sharing in the payment of any judgment against any
VCDU personnel for intentionally wrongful conduct that is outside of
the scope of employment of any individual or for any judgment of
punitive damages against any individual or jurisdiction. Payment of
any award for punitive damages shall be the sole responsibility of the
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141
person or jurisdiction that employs the person against whom such
award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain
joint legal counsel to collectively represent and defend the jurisdictions
in any legal action. Those jurisdictions retaining joint counsel shall
share equally the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by
its individual representation or defense.
The jurisdictions and their respective defense counsel shall make a
good faith attempt to cooperate with other participating jurisdictions
by, including but not limited to, providing all documentation requested,
and making VCDU members available for depositions, discovery,
settlement conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee
from a lawsuit by summary judgment, qualified immunity, or
otherwise, the jurisdiction shall nonetheless be required to pay its
equal share of any award for or settlement of the lawsuit; PROVIDED,
however, that in the event a jurisdiction or employee is removed from
the lawsuit and subsection (A) of this section is satisfied, the
jurisdiction shall not be required to pay any share of the award or
settlement.
E. Settlement Process. It is the intent of this Agreement that the
jurisdictions act in good faith on behalf of each other in conducting
settlement negotiations on liability claims or lawsuits so that,
whenever possible, all parties agree with the settlement or, in the
alternative, agree to proceed to trial. In the event a claim or lawsuit
requires the sharing of liability, no individual jurisdiction shall be
authorized to enter into a settlement agreement with a claimant or
plaintiff unless all jurisdictions agree with the terms of the settlement.
Any settlement made by an individual jurisdiction without the
agreement of the remaining jurisdictions, when required, shall not
relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
G. Insurance. The failure of any insurance carrier or self- insured pooling
organization to agree to or follow the terms of this section shall not
relieve any individual jurisdiction from its obligations under this
Agreement.
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XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction
or its employees for actions arising out of their conduct in support of VCDU
operations, the jurisdiction shall promptly notify the other jurisdictions that the
claim or lawsuit has been initiated. Any documentation, including the claim or legal
complaints, shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would
be liable for a claim, settlement, or judgment that arises from a VCDU action or
operation, shall have the burden of notifying each participating jurisdiction of all
claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a
participating jurisdiction has a right, pursuant to section XIII of this Agreement, to
be defended and held harmless by another participating jurisdiction, the jurisdiction
having the right to be defended and held harmless shall promptly tender the
defense of such claim or lawsuit to the jurisdiction that must defend and hold the
other harmless.
XV. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for
processing a claim that is filed with and against cities for alleged
damages and injuries that occur as a result of VCDU activities. The
lead jurisdiction shall be the jurisdiction within which the VCDU
response occurred; PROVIDED, that in the event the jurisdiction within
which the VCDU response occurred did not participate in the VCDU
response, the lead jurisdiction shall be the jurisdiction within which the
incident that required the VCDU response originated. In the event that
a jurisdiction that was not involved in the VCDU response receives the
claim, that jurisdiction shall notify the other jurisdictions in accordance
with Section XIV of this Agreement, and shall use its best efforts to
determine who is the appropriate lead jurisdiction.
B. Assistance of Tactical Commander. The VCDU Tactical Commander
shall assist the lead jurisdiction in responding to a claim. The VCDU
Tactical Commander shall be responsible for gathering all records
relating to the VCDU response. These records shall include, but are
not limited to, incident reports, notes, transcripts, photos, evidence
logs, recorded statements, documents from emergency dispatch
centers, and warrants from all jurisdictions that participated in the
VCDU response. The Tactical Commander shall also provide a list of
personnel who participated in the response and their contact
information. The Tactical Commander shall deliver all copies of the
records to the lead jurisdiction promptly upon request.
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C. Claims of $5.000 or Less.
Lead Jurisdiction Responsibilities. The lead jurisdiction shall be
responsible for working with the Tactical Commander to gather
records relating to the VCDU response. The lead jurisdiction
shall provide records to its insurance provider and shall assist its
insurance provider in assessing liability for acts associated with
the claim. The lead jurisdiction shall notify the other jurisdictions
of any determinations as to liability. In determining whether a
claim should be paid, the lead jurisdiction and its insurance
provider shall, at a minimum, consider the potential legal
defenses to the claim and the costs of defending the claim.
ii. Liability Determination Apportionment of Damages. The lead
jurisdiction, with the assistance of its insurance provider and risk
manager, shall determine whether the VCDU is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and /or the
VCDU. In the event the lead jurisdiction determines that
payment of a claim is appropriate, such determination shall be
final and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in
the VCDU response. The insurance provider for the lead
jurisdiction shall provide full payment to the claimant, and each
jurisdiction that participated in the response shall reimburse the
insurance provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on
behalf of all jurisdictions participating in the VCDU and each and
every officer, agent, or volunteer of those participating
jurisdictions.
In the event the lead jurisdiction determines that the VCDU is
not liable for damages set forth in a claim or that the payment
of the claim would not be in the best interest of the jurisdictions
and /or the VCDU, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall
be binding on the other jurisdictions; PROVIDED, that another
jurisdiction that determines that payment is appropriate may
pay such claim in full, and shall not seek reimbursement from
the other participating jurisdictions.
Letter From Insurance Adiusters. In the event a lead
jurisdiction, in conjunction with its insurance provider,
determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
VALLEY CIVIL DISTURBANCE UNIT 8
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144
jurisdictions with a letter stating the determination and the
bases for such determination.
D. Claims over $5,000.
Lead Jurisdiction Responsibilities. The lead jurisdiction shall
schedule a meeting with all jurisdictions participating in the
VCDU to discuss the claim and to determine the appropriate
manner in which to respond and /or defend the claim. The Board
and persons listed in Section XVII of this Agreement shall be
notified of the meeting.
XVI. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions. In the event a jurisdiction is served
with a lawsuit, that jurisdiction shall provide notice and documentation
of the lawsuit to each of the other jurisdictions in accordance with
Section XIV of this Agreement.
B. Coordination of Initial Meetina. The jurisdiction that initially receives a
lawsuit shall schedule a meeting with all of the jurisdictions
participating in the VCDU to discuss the lawsuit and to determine the
appropriate manner within which to respond and /or defend the lawsuit.
The Board and persons listed in Section XVII of this Agreement shall
be notified of the meeting.
XVII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XIV of this Agreement requires that the jurisdiction receiving a claim or
lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction shall not be
deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96
RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service
of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of
a lawsuit to another jurisdiction shall not be deemed adequate service of such
lawsuit in accordance with the State or Federal Rules of Civil Procedure or the
Revised Code of Washington.
For the purposes of implementing Section XIV of this Agreement, the following
persons from each jurisdiction shall receive any required notification or
documentation:
VALLEY CIVIL DISTURBANCE UNIT 9
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Auburn: Kent:
Auburn City Attorney Kent City Attorney
25 West Main Street 220 4 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3030 (253) 856-5781
Auburn Police Chief Kent Risk Manager
101 N. Division 220 4 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
Auburn Human Resources Kent City Clerk
Director /Risk Manager 220 4 Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856 -5728
(253) 931 -3040
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3039 (253) 856-5888
Port of Seattle: Federal Wav:
Port of Seattle Claims Manager Federal Way City Clerk
P.O. Box 1209 P.O. Box 9718
Seattle, WA 98111 Federal Way, WA 98063
Tukwila: Federal Way City Attorney
P.O. Box 9718
City Clerk Federal Way, WA 98063
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98043
WCIA: Renton:
Claims Manager Renton Risk Manager
WCIA 1055 So. Grady Way
P.O. Box 1165 Renton, WA 98057
Renton, WA 98057
XVIII. COMPLIANCE WITH THE LAW
The VCDU and all its members shall comply with all federal, state, and local laws
that apply to the VCDU.
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XIX. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all
participating jurisdictions and such alteration, amendment, or modification shall be
effective when reduced to writing and executed in a manner consistent with
paragraph XXIII of this Agreement.
XX. RECORDS
Each jurisdiction shall maintain training records related to the VCDU for a minimum
of seven (7) years. All records shall be available for full inspection and copying by
each participating jurisdiction.
XXI. FILING
Upon execution hereof, this Agreement shall be filed with the county auditor or,
alternatively, listed by subject on the website of participating jurisdictions.
XXII. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid
by any court of competent jurisdiction, such adjudication shall not affect the validity
of any remaining section, part, or provision of this Agreement.
XXIII. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its
duly authorized representative and pursuant to an appropriate resolution or
ordinance of the governing body of each participating jurisdiction. This Agreement
shall be deemed effective upon the last date of execution by the last so authorized
representative. This Agreement may be executed by counterparts and be valid as if
each authorized representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to
sign this Agreement on behalf of the jurisdiction, and the jurisdiction
agrees to the terms of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
VALLEY CIVIL DISTURBANCE UNIT 11
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City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date
VCDU- Interlocal v4 12-03-09 FINAL.doc
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.1 Lg_
J
City of Tukwila
Finance and Safety Committee
I9Q8
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
February 8, 2011— 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson
Staff: Shawn Hunstock, Nick Olivas, Dave Haynes and Kimberly Matej
CALL TO ORDER: Chair Hougardy called the meeting to order at 5:01 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Police Department Items
Staff has several items as listed below for which they are seeking Council approval.
1. Valley Narcotics Enforcement Team (VNET) Interlocal Agreement Addendum No. 1
Staff is seeking Council approval of Addendum No. 1 to the Valley Narcotics Enforcement Team
(VNET) which will allow the City of Seattle to join the Team as a full member.
Currently, this multi jurisdictional Team investigates and enforces laws relating to controlled
substances. VNET consists of the following members cities: Auburn, Federal Way, Kent, Renton,
Tukwila and the Port of Seattle. The addition of Seattle as a full member will add to the Team's
effectiveness and expertise. All terms of the interlocal will remain the same with the exception of
adding the City of Seattle as a member city as well as listing Seattle for notification of relevant claims
and lawsuits. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR
DISCUSSION.
2. Valley Special Weapons and Tactics (SWAT) Team Interlocal Agreement Update
Staff is seeking Council approval to enter into an interlocal agreement between the following cities:
Renton, Kent, Federal Way, Tukwila and the Port of Seattle for the creation of the Valley Special
Weapons and Tactics (SWAT) Team.
This Team currently exists under the name of Valley Special Response Team (VSRT), and also
includes the City of Des Moines. The new agreement will remove Des Moines as a member city,
change the name from VSRT to SWAT, and update address information. All other terms of the
agreement remain the same. The City Attorney has reviewed the updated agreement. UNANIMOUS
APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
3. Valley Civil Disturbance Unit: Interlocal Agreement
Staff is seeking Council approval to enter into an interlocal agreement with the cities of Auburn,
Federal Way, Kent, Tukwila and Renton for the creation of the Valley Civil Disturbance Unit
(VCDU). The VCDU provides a multi jurisdictional response to large scale events (i.e.: Rock N' Roll
i marathon and other large sporting events) and/or civil disturbances (i.e.: demonstrations and riots).
The VCDU has been in existence since the late 1990s, but has operated in a mutual aid fashion. This
interlcoal agreement will be the first formal agreement regarding and formally creating the VCDU.
Benefits include but are not limited to: enhanced services, training, resources and known and familiar
149
Finance Safety Committee Minutes February 8. 2011— Page 2
procedures, organization and command resulting in coordinated and efficient responses. An annual
training camp allows the member cities to participate in full operational exercises.
In response to the sensitivity regarding the City's budget shortfalls, Committee Member Robertson
requested that Chief Haynes provide a cost estimate regarding officer participation in the VCDU in
the memo that goes to full Council. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY
14 COW FOR DISCUSSION.
4. Ordinance: Police Department Administrative Structure
Staff is seeking Council approval of a draft ordinance that will amend the current Tukwila Municipal
Code (TMC) in relation to updating the administrative structure of the Police Department, specifically
regarding offices, positions and ranks within the Police Department.
Although the position classifications listed below were changed in 2005, when Dave Haynes became
the Police Chief, it was identified through the Police Department's recent accreditation process that
the TMC did not reflect the current titles being used in the Police Department.
Captain is now referred to as Assistant Chief
Lieutenant is now referred to as Commander
e All other positions remain the same.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
B. Update: Sales Tax Report November 2010
Shawn Hunstock reviewed sales tax receipts received through November 2010. He noted that this is the
fourth straight month that the City has experienced an increase (5A4 in receipts as compared to the
previous year, same time. Sales tax revenues were down 0.32% more than the prior year's actuals. The
City continues to be almost 30% below budget for 2010. INFORMATION ONLY.
C. 2010 4th Quarter Reports
The Committee reviewed the status of program goals as outlined in the 2010 4 Quarter Report, and had
no questions.
Committee Members were informed that Administration is currently considering other options for
reporting out on program goals and other important information in a more efficient and timely manner.
INFORMATION ONLY.
III. MISCELLANEOUS
With the presence of the Police Chief, Committee Member Robertson inquired about the status of reporting
out of crime statistics to the Finance Safety Committee. Committee Member Robertson shared
information from a recent SeaTac quarterly newsletter regarding a crime reporting website for SeaTac.
Chief Haynes explained that staff is currently working on this project and the Committee can expect to see a
presentation at a future meeting with a very similar crime reporting tool.
Committee Member Robertson also inquired about the possibility of a nuisance ordinance that can assist in
addressing concerns in the City, specifically on Tukwila International Boulevard (Highway 99). Chief
Haynes reported that he is currently working on this item with other relevant City staff members. He does
not have an anticipated schedule of when it may be at Committee for review.
Committee Member Hernandez requested that Councilmembers receive the same information that is being
distributed to the TIBAC (Tukwila International Boulevard Action Committee) members. In addition to the
bar graph usually provided by the Police Department, she specifically referred to information included in
the last TIBAC meeting packet regarding a proposal for a Taco Time on Tukwila International Boulevard.
Since it is not always information coming from the same source or department, Kimberly Matej asked that
150
COUNCIL AGENDA SYNOPSIS
.1LA,.1,1,, ITEM' No. Initials
n, 1 Meeting Date Prepared by May�ieu C .rr:cil review
Y ;;,r I 02/14/11 14/ l i I DH I (�-�i I I
a it 0 2/22/11 I DH
x
190 1 I I I 1 4. E. 4)
:ITEM INFORMATION
!CAS NUMBER: 11-020 I STAFFSPONSOR: CHIEF HAYNES I ORIGINAL AGENDA DATE: 2/14/11
AGENDA I'1'1.M TI'r1,E Amendment to Ordinance #2046 Law Enforcement Officer and City Police Officer
Defined Positions Created
C ;1T1 GORY Discussion Lf Motion E Resolution Ordinance Bid Award 1 1 Public Hearing Other
Mtg Date 02/14/11 Mtg Date Mtg Date Mtg Date 02/22/11 Mtg Date Mtg Date Mtg Date
'SPONSOR Council Mayor n Adm Svcs DCD Finance n Fire Legal n P&R Police Pl/
SPONSOR'S The position classifications of the commissioned members of the Tukwila Police
SUMMARY Department were changed in 2005. The position of Captain(s) was redefined as Assistant
Chief(s) and the position of Lieutenant(s) was redefined as Commander(s). All other
positions remained the same. The Council is being asked to consider this update.
R 1'IEWED BY U COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte n Arts Comm. Parks Comm. Planning Comm.
DATE: 2/8/11 COMMIFIEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST�IMPACT /�FUND'.SOURCE
EXP1NDITURI: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG DATE I RECORD OF COUNCIL ACTION r S
02/14/11
02/22/11
MTG. DATE ATTACFIMENTS
02/14/11 Informational Memorandum dated 2 /1/11
Draft Ordinance in strike through, underlined format
Ordinance #2046
Minutes from the Finance and Safety Committee meeting of 2/8/11
02/22/11
151
152
liL
a
s City of Tukwila
a Jim Haggerton, Mayor
9O INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
FINANCE AND SAFETY COMMITTEE
FROM: David Haynes, Chief of Police
DATE: FEBRUARY 1, 2011
SUBJECT: AMENDMENT TO ORDINANCE NO. 2046 Law enforcement Officer and
City Police Officer Defined Positions Created
ISSUE
The Council is being asked to consider and approve amendments to Ordinance No. 2046
BACKGROUND
The position classifications of the commissioned members of the Tukwila Police Department
were defined as follows: Chief of Police, Captain(s), Lieutenant(s), Sergeant(s), Officer(s), and
full or part -time, limited- commission Transport Services Officers.
DISCUSSION
The position classifications were changed in 2005 and the position of Captain was redefined as
Assistant Chief and the position of Lieutenant was redefined as Commander. All other positions
remained the same.
RECOMMENDATION
The Council is being asked to consider this update at the February 14, 2011 Committee of the
Whole meeting and subsequent February 22, 2011 Regular Meeting.
ATTACHMENTS
Draft ordinance in strike- through, underline format
Ordinance Number 2046
153
154
AFT
kl
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NOS. 639 §2 AND 2046 §1,
AS CODIFIED AT TUKWILA MUNICIPAL CODE 2.38.020, REGARDING
LAW ENFORCEMENT OFFICERS AND CITY POLICE OFFICERS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, updating the administrative structure of the Police Department is
essential to effective and efficient law enforcement within the City of Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC 2.38.020, "Law Enforcement Officer and City Police Officer
Defined— Positions Created," hereby reads as follows:
2.38.020 Law Enforcement Officer and City Police Officer— Defined—
Positions Created.
The terms "law enforcement officer" and "City police officer" shall cover all such
regular, full -time personnel of the City Police Department who have been appointed to
offices, positions or ranks of the City Police Department, which are herewith expressly
created as follows: Chief of Police, Captai- Assistant Chief(s),
t ieutcnantCommander(s), Sergeant(s), Officers, and full or part -time, limited-
commission Transport Services Officers.
Section 2. Repealer. Ordinance Nos. 639 §2 and 2046 §1 are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
W: Word Processing\ Ordinances \Police Rank.doc
PH:rnrh Page 1 of 2
155
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
2010.
ATTEST /AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
W: Word Processing\ Ordinances \Police Rank.doc
PH:m h Page 2 of 2
156
k
City of Tukwi
Washington
Ordinance No. 2041n
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 639, AS CODIFIED AT
TUKWILA MUNICIPAL CODE 2.38.020, REGARDING LAW
ENFORCEMENT OFFICERS AND CITY POLICE OFFICERS; REPEALING
ORDINANCE NO. 1096; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, updating the administrative structure of the Police Department is essential
to effective and efficient law enforcement within the City of Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 639, as codified at TMC 2.38.020,
"Law Enforcement Officer and City Police Officer Defined Positions Created," is
hereby amended to read as follows:
2.38.020 Law Enforcement Officer and City Police Officer— Defined— Positions
Created.
The terms "law enforcement officer" and "City police officer" shall cover all such
regular, full -time personnel of the City Police Department who have been appointed to
offices, positions or ranks of the City Police Department, which are herewith expressly
created as follows: Chief of Police, Captain(s), Lieutenant(s), Sergeant(s), Officers, and
full or part -time, limited- commission Transport Services Officers.
Section 2. Repealer. Ordinance No. 1096 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of Ll%1PJ 2004.
ATTEST /AUTHENTICATED: �E� V
Steven M. Mullet, Mayor
Jarie E. Cantu, CMC, City Clerk
Filed with the City Clerk: 010 o4
APPROVED AS-TO RM BY: Passed by the City CounciL_0 t Y7• n
Published: 0/4 1- n14-
Effective Date Olp t /0. �^t
Office of the CjeAttbrney Ordinance Number 2n'-(v
Police 6/3:04
157
Finance Safety Committee Minutes Februar! 8. 2011 Paue 2
procedures, organization and command resulting in coordinated and efficient responses. An annual
training camp allows the member cities to participate in full operational exercises.
In response to the sensitivity regarding the City's budget shortfalls, Committee Member Robertson
requested that Chief Haynes provide a cost estimate regarding officer participation in the VCDU in
the memo that goes to full Council. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY
14 COW FOR DISCUSSION.
4. Ordinance: Police Devartment Administrative Structure
Staff is seeking Council approval of a draft ordinance that will amend the current Tukwila Municipal
Code (TMC) in relation to updating the administrative structure of the Police Department, specifically
regarding offices, positions and ranks within the Police Department.
N\ Although the position classifications listed below were changed in 2005, when Dave Haynes became
the Police Chief, it was identified through the Police Department's recent accreditation process that
the TMC did not reflect the current titles being used in the Police Department.
Captain is now referred to as Assistant Chief
Lieutenant is now referred to as Commander
All other positions remain the same.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
B. Update: Sales Tax Renort November 2010
Shawn Hunstock reviewed sales tax receipts received through November 2010. He noted that this is the
fourth straight month that the City has experienced an increase (5.44 in receipts as compared to the
previous year, same time. Sales tax revenues were down 0.32% more than the prior year's actuals. The
City continues to be almost 30% below budget for 2010. INFORMATION ONLY.
C. 2010 4th Ouarter Reports
The Committee reviewed the status of program goals as outlined in the 2010 4 Quarter Report, and had
no questions.
Committee Members were informed that Administration is currently considering other options for
reporting out on program goals and other important information in a more efficient and timely manner.
INFORMATION ONLY.
III. MISCELLANEOUS
With the presence of the Police Chief, Committee Member Robertson inquired about the status of reporting
out of crime statistics to the Finance Safety Committee. Committee Member Robertson shared
information from a recent SeaTac quarterly newsletter regarding a crime reporting website for SeaTac.
Chief Haynes explained that staff is currently working on this project and the Committee can expect to see a
presentation at a future meeting with a very similar crime reporting tool.
Committee Member Robertson also inquired about the possibility of a nuisance ordinance that can assist in
addressing concerns in the City, specifically on Tukwila International Boulevard (Highway 99). Chief
Haynes reported that he is currently working on this item with other relevant City staff members. He does
not have an anticipated schedule of when it may be at Committee for review.
Committee Member Hernandez requested that Councilmembers receive the same information that is being
distributed to the T1BAC (Tukwila International Boulevard Action Committee) members. In addition to the
bar graph usually provided by the Police Department, she specifically referred to information included in
the last TIBAC meeting packet regarding a proposal for a Taco Time on Tukwila International Boulevard.
Since it is not always information coming from the same source or department, Kimberly Matej asked that
158
Upcoming Meetings Events
FEBRUARY; 2011
14th (Monday) 15th (Tuesday) 16th (Wednesday) 17th (Thursday) 18th (Friday) 19th (Saturday)
Community Utilities Parks Tukwila Registration Volunteer Work
Affairs Cmte, Commission, Historical Society, deadline for Patty
Parks Cmte, 5:00 PM 5:30 PM 7:00 PM free training
5: 00 PM (CR #1) (Community (Tukwila Heritage opportunity. -R� t
(CR #3) Center) Cultural Center at See February 23
14475 59th Ave. S.) below. rt 0..--
City Council Library 10:00 AM 1:00 PM
Committee of Advisory Board,
the Whole 7:00 PM buwamish Hill
Mtg., (Foster Library) Preserve
7:00 PM For information and
(Council registration visit
Chambers) www.coscadeland.org
(or- call 206 -905-
6931).
21StWonday) ,/;.:22n (Tuesday) ,23rd`(Wedn'esday) 34th, (Thursday) 25.tt ;(Frida:S 26th {Saturday)::.4f?
Presidents Day ➢Transportation ➢Finance ➢Plannin Tukwila Int'I. Blvd.
Cmte, Safety Cmte, Commission,
City offices closed 5:00 PM 5:00 PM 6:30 PM Action Cmte's
(CR 41) (CR #3) (Council Trash Pickup Day
Chambers) 9:00 10:00 AM
4171,
4 COPCAB,
6:30 PM 14 7
�ir
a v City Council (CR 45)
Regular Mtg., For location contact
7:00 PM Rick at
(Council Free Training rick@aforschler.org
Chambers) For property owners
and residents who
have wetland and
Cottage Creek
streams on their Restoration party 9:00
property AM Noon
W. `r a (meet by flagpole at
e l
City Hall)
6:00 PM
Council Chambers
(6200 Sauthcenter
Blvd)
Registration Required
Call: 206 431 -3684
or e-mail: bmiles n.
ci.tukwila.wa.us by
February 18
Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Hinthorne at 206 -575 -1633.
7 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: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 43. Agenda items for 2/14/11 meeting: (A) An
agreement for lighting upgrades to City facilities. (B) Mann facturing Industrial Center (M1C) Work Plan Study. (C) 2010 Fourth
Quarter Reports.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206 -433- 7175).
➢Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206- 433 -1850.
Finance Safety Committee: 1st& 3rd Tues., 5:00 PM, Conf- Room #3.
>Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Erie Baykal? at 206- 433 -7180.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342.
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertsmon at 206 575 -2489.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342.
➢Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM,
Council Chambers at City Hall. Contact Wynetta Bivens of 206 -431 -3670.
>Sister City Committee: Quarterly, 5:30 PM, (2011 4/6, 7/6, and 10/5). Conf. Room #3. Contact Bev Willison of 206- 433 -1844.
➢Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1.
>Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pot Brodin at 206- 433 -/861.
➢Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206- 433 -1812.
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. Agenda items for 2/15/11 meeting: (A) AP W/APE Sewer Repair
Feb 2011 Resolution declaring an emergency. (B) Storer Lift Station No. /5 Improvements Consultant Recommendation and
Agreement. (C) 2010 Fourth Quarter Reports.
159
Tentative genii a: Schv dule
M ONTH MEETIN 'MEETING -2 .MEETING., MEE TING 4
REGULAR COW REGULAR
February 7 14 22 (Tuesday) 28
21st Suecial Presentations: Special Presentation:
Presidents Dad See agenda packet Special Olympics Presentation on
(City offices closed) cover sheet for this award to Officer Ted Laserfiche Imaging
m
week's agenda Rutt Syst (Christy O'Flnherhj,
(February 14 2011 COPCAB year end
Connnittee of the Mole awards Cihj Clerk)
Meeting) Chamber of Special Issues:
Commerce 2010 Tukwila Village
year -end report next steps:
(Nancy Hinthorne, (1) Library site
President) alternatives
Unfinished Business: (2) Developer
Ordinance selection discussion
prohibiting social
card rooms
conducted as a
commercial
stimulant effective
January 1, 2014,
and terminating
the moratorium
Electric vehicle
infrastructure code
amendments
Police Department
Items (4)
Agreement for storm
water outfalls on
East Marginal Way
Agreement for the
2011 Small Drainage
Program
March 7 14 21 28
Special Presentation: Public Hearine: Special Presentation:
Cascade Water Comprehensive Plan State of the County
Alliance projects Amendment Presentation by
Appointments: Special Issues King County
Planning Commission Comprehensive Plan Councilmember
Amendment Julia Patterson
Unfinished Business:
Tukwila Village —next
steps: Decision on
library siting and
initiation of developer
selection process
April 4 11 18 25
Special Presentation:
Employee recognition
and awards
160