HomeMy WebLinkAboutFS 2014-10-07 COMPLETE AGENDA PACKETCity of Tukwila
Finance and Safety
Committee
O Verna Seal, Chair
O Joe Duffie
O Kathy Hougardy
AGENDA
Distribution:
V. Seal
J. Duffie
K. Hougardy
D. Quinn
D. Robertson
Mayor Haggerton
D. Cline
P. McCarthy
C. O'Flaherty
R. Turpin
L. Humphrey
R. Bianchi
V. Carlsen
J. Trantina
TUESDAY, OCTOBER 7, 2014 — 5:30 PM
HAZELNUT CONFERENCE Room
(formerly known as CR #3) at east entrance of City Hall
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. A contract with Ball Janik for 2015 -2016 lobbying
a. Forward to 10/20 Consent
Pg.1
services.
Agenda.
Rachel Bianchi, Communications and Government
Relations Manager
b. A resolution cancelling past due accounts receivable.
b. Forward to 10/20 Consent
Pg.11
Vicky Carlsen, Deputy Finance Director
Agenda.
c. A lease agreement with Alliance One.
c. Forward to 10/20 Consent
Pg.17
David Cline, ay Administrator
Agenda.
d. An ordinance amending Ordinance No. 2410 relating to
d. Forward to 10/20 Consent
Pg.23
public defense services.
Agenda.
David Cline, City Administrator
e. A contract with Kirshenbaum & Goss for 2015 -2016
e. Forward to 10/13 C.O.W.
Pg.27
public defender services.
and 10/20 Regular Mtg.
David Cline, City Administrator
f. A contract with Kenyon Disend for 2015 -2016 City
f. Forward to 10/20 Consent
Pg.39
Attorney services.
Agenda.
David Cline, City Administrator
g. An Interlocal Agreement with the Tukwila School District
g. Forward to 10/13 C.O.W.
Pg.49
for after school programming.
and 10/20 Regular Mtg.
Joyce Trantina, Project Analyst
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, October21, 2014
16. The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 ( TukwilaCitvClerk (aTukwilaWA.gov) for assistance.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL �������������R�
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Mayor Haggerton
Finance & Safety Committee
FROM: David Cline, City Administrator
DATE: September 24, 2014
SUBJECT: Bali Janik LLP Contract for Services
ISSUE
The current contract for federal representation and legislative services provided by Ball Janik,
LLP for the City is set to expire on December 31, 2014. Staff is seeking Council approval to
enter into a contract for services with Ball Janik, LLP which will be valid from January 1, 2015,
through December 31, 2016.
BACKGROUND
The City has contracted with Ball Janik for federal representation and legislative services for a
number of years. For each contract period, the City and Ball Janik have worked together to
formulate a Scope of Work and Specific Services that outlines key projects and measures that
may be worked on during the contract duration. In general, those services include: monitoring
federal policy legislation; informing City officials of issues that may advance or hinder Tukwila
goals; providing guidance and assistance to the City regarding opportunities to secure federal
funding; providing City staff and elected leaders with advice and perspective regarding funding
opportunities; and identifying key officials and contacts for City staff.
As with the current C0ntngct, the draft contract provides these services at a monthly flat rate. The
2013-2014 monthly flat rate for Ball Janik was $6,000 and annual expenses of $3,600, not to
exceed $75,600 per year.
DISCUSSION
The contract language remains the same as the current contract. The draft contract provides for
a 2015-2016 flat monthly rate of $6,375, plus expenses not to exceed $3.500 annually (contract
not to exceed $80'000 per year). The 2015-2016 flat rate reflects an approximate 6.5% increase
from the 2013-2014 annual contract cost which is considered to be fair and reasonable.
RECOMMENDATION
Staff recommends Committee approval of the attached draft contract to be forwarded to the
October 20, 2014, Regular Meeting Consent Agenda for full Council approval.
ATTACHMENTS
Draft 2015-2016 Contract for Services with Bali Janik LLP
2
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number:
This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter
optional municipal code city hereinafter referred to as "the City," and Ball Janik 1.113, hereinafter referred
to as the Contractor," whose principal office is located at 655 151h Street, NW Suite 225, Washington,
D.C. 20005.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $80,000 at a rate of $6,375 per month and
expenses not to exceed $3,500.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full .force and effect for a period commencing
January, 2015, and ending December 31, 2016, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
CA Revised 2012 Page 1 of 8
3
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except for
injuries and damages caused by the sole negligence of the City. Should a court or competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the Contractor's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims •for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, products-
completed operations, stop gap liability, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. The Contractor shall procure and maintain in full force throughout the duration of this
Agreement professional liability insurance with a minimum coverage of $1,000,000
per claim and $3,000,000 aggregate. Contractor shall provide evidence of such
CA Revised 1-2013 Page 2 of 8
4
coverage in a manner and form acceptable to the City in the City's sole discretion.
Cancellation of the required insurance shall automatically result in termination of this
Agreement.
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
13. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
CA Revised 1-2013 Page 3 of 8
5
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence
of any disability in the selection and retention of employees or procurement of materials or supplies.
12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No amendment or modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
DATED this day of , 20 .
CITY OF TUKWILA CONTRACTOR
Mayor, Jim Haggerton
A ['TEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised 1-2013 Page 4 of 8
6
Exhibit A
Scope of Work and Specific Service
1. Scope of Work: Ball JuuikL[P will provide federal representation, strategic advice, and iobbying
services for the City of Tukwiia related to securing federal authorization and funding for key projects
identified by the City and/or advising the City about onaVtre associated with implementation of federal
statutes, rules or regulations that could adversely affect the City's ability to deliver services to its residents.
Ball Janik LIP will also work with City officials, City staff, the Washington Congressional delegation,
key Congressional Committees, and Adrninistration officials to build upon previous work done by the
City and to take advantage of new programs initiated by the current Administration.
Bu}} Jooik'y work on behalf ofthe City in 2015 will primarily be focused on representing the City's
interests on the following initiatives:
1) The implementation of MAP 71 and tderai transportation funding and ruiernakings
associated with same; reauthorization oFM&PZl and identiflcation of opportunities to
advance key City infrastructure projects; uodnnonitodogofothertounsportatioopzopnsals
that will advance the City's interests and provide additional dedicated federai funding for
local communities.
2) Closely monitor federal tax proposals and entitlement reforms which will be developed by
Congress, keeping Ci officials inforrned about poiicy proposais which could shift safety
net expenses from the federal government to iocai government, and share City responses
with the Washington Congressionai delegation; and, also providing tirnely information and
assistance related to Congressional action on internet sales tax issues.
3) Monitor federa grant funding opportunities {hat8jignvvithci priorities, informing the
City about these opportunities and the deadlines associated with them, and assist the City
io applying for those funds; review draft fundi requests (such as future TIGER requests)
prepared hy the City or its consuitants and provide tirnely feedback prior \ofiou|sobmiUo|
of the funding request.
4) Represent the City's interests io terms nF the BNSFintermodal rail yard in Tukwila and
working with Congressional members, the Surface Transportation Board and other
agencies within the Administration, keep them informed about developments that may bc
adverse to the City's interests; responses to same; and, work with the City and BNSF
officials as the alternative access study and other studies on the railyard proceed.
5) Advise the City and represent its interests in terms of possibie relocation oftbc UP rail line
in the City of Tukwila, and coordinate Congressiona outreach on same.
6) Monitor the implementation o[nVKl{I]/\ and rulemakings and official guidance on the new
water infrastructure act, including FGM/\, planning and assistance, waterway and ievee
issues, flood plain ivauco — pndicu|udy as it relates to potential development in Tukwila,
Green River issues, and anything related to the Howard Hanson dam, flood preparation,
CA Revised 1-2013 Page 5 of 8
and other impacts; advise to the City during the possible 2015 Congressional debate over
the next WRRDA authorization.
7) Advise the City about Congressional reauthorization o[the FAA Modernization and
Reform Act of 2012, particulariy concerning policies that might limit commercial or
residential development in the north end of Tukwiia.
8) Continue work with the City to advance public safety through regional and federal
cooperation with multiple law enforcement and partner o 'zoiionu, particularly related
to the L[NK station in Tukwila, developments along TIB, new irivestments in Tukwila
Village, and possible new issues that might arise once the new commuter rail station is
9) Advocate fo one annual appropriation reques should Congress lift its current moratorium
on earmarking.
Ball }ooik'a work will primarily be focused on the interests outlined above, but io terms ofoverall federal
policy, Ball Janik will continue to generally monitor legislation 6ci"cooadered6v[oogrcsooudwiU
inform City officials about legislative proposals that will either advance or hinder Tukwila's efforts to
achieve its primary goals and priorities. Included within this general monitoring will be possible
Congressional action governing telccommunications and local control over &anchising, environmental,
energy conservation, affordable housing, emergency responders, water policy bills, and general
authorizations that would affect the work ofthe U.S. Army Corps of En i ecru, the Environmental
Protection Agency, FEMA or the U.S. Department of Homeland Security.
In terms of policy issues associated with MAP 21 implementation, rules and regulations implementing
policy changes that were included in the new law are now being developed and finalized by USDOT. As
such, Bali Janik will continue to monitor proposed USI)OT guidance and ruiemakings associated with the
implementation of MAP 21 and keep City officiais inforrned about proposals which will affect the City's
ability to advance or fund its overall transportatiori priorities. In addition, the recent extension of MAP 21
to May of 2015, discussions about the content and shape of the next transportation authorization bill are
likely to begin in early January, 2015; Ball Janik will monitor those discussions, keep City officials
informed about their content, and when appropriate, advocate with members of the Washington
Congressional delegation for policy positions which will benefit the City.
1n terms of implernentation of, and guidance on, the new WRRDA Act, Ball Janik will represent the City's
interest to assist the City in ensuring flood plain, levee certification, Green-Dunamiah restoration efforts,
and other matters are covered by the City in working with its Congressional delegation and federal
agencies.
On matters of appropriations and federal funding, Ball Janik will continue to monitor the current
Congressionai moratoriurn on earmarked funding, and be prepared 10 advance one priority funding request
of the City should the current moratorium bc lifted in the next Congress. Ball Janik would be prepared to
advance whichever priority project is identified by the City.
Projects and priorities can be re-evaluated in the course ofthe year as Congressionai and City priorities
and agendas change and new opportunities to enhance federal financial support for City projects are
CA Revised 1-2013 Page 6 of 8
8
presented. Ball Janik LLP will meet with City ofticials as requested by the City and Ms. Bianchi.
Preliminary planning meetings for calendar year 2015 should occur late Fail and Decernber, 2014, with
priorities and goals finalized io January, 2015.
2. Specific Services: Ball Janik LLP will be responsible, at a minimum for the following:
Inform the City of key timelines tor proposed actions
Identify federal rule, policies, and laws that support the City's goals
Identify kcy officials and contacts that the City needs to rneet with and the best time to
make such contacts
Brief all appropriate congressional and federal officials about Tukwila's priorities identificd
in the above Scope of Work
Advise City of key dates in the congressiona and adrninistrative calendar that impact its
goals
Work to maintain a strong Tukwila relationship and support for Tukv/}x/s goals with all
key members u[ the Washington congressional delegation
lfappropriate (as u result ofa lifting of the current earmark moratorium), prepare project
funding requests, and review briefing materials prepared by the City
When appropriate, dcvc)op legislation, amendments, report language, and budget
recommendations, and move them through the legislative process, attending and working
with the congressionai delegation and their Congressionai officials at hearings, mark-ups
and 1-louse/Senate conlerences on iegislation
• Advise City of new regulations, programs, or proposed legislation that rc|u10 to those areas
• Specifically monitor, analyze, repor on, and make recommendations forioidubvcmood
• Continue to work with and advise the Ci about strategies usaocb/ted with the BNSF
intermodal rail yard and federal policies affecting its operation
Obtain appointments for Ci officials in Washington, D.C., devetop schedules, accompany
City officials to meetings, and provide briefing materials for City officials for their
meetings with Congressional officials
CA Revised 1-2013 Page 7 of 8
Exhibit B
Terms of Payment
Ball Janik, LLP will invoice the City for the work completed at the rate of $6,375 per month, plus
expenses (not to exceed $3,500 annually). Invoices will be paid within twenty (20) days of receipt. All
expenses shall be listed in an itemized format and all travel expenses will be pre- authorized by the City.
CA Revised 1 -2013 Page 8 of 8
10
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Peggy McCarthy, Finance Director
BY: Laurie Anderson, Fiscal Specialist
DATE: September 30, 2014
SUBJECT: Cancellation of Accounts Receivable
ISSUE
Each year a resolution comes before the Council for the cancellation of uncollectible accounts
receivable. For 2014, these items include: False Alarms equaling $200.00, Miscellaneous
Billings equaling $35,931.12 and NSF checks equaling $109.50 for a total amount of
$36,240.62.
BACKGROUND
The process for tracking accounts receivable is quite thorough. The steps below are followed
prior to preparation of the attached write-off resolution,
• Invoice is sent to recipient by the Finance Department payable in 30 days.
• If payment is not received within 30 days, the receivable is forwarded to our collection
agency, Armada Corp., and placed in pre-collect status,
•At this time, Armada sends a Delinquency Notice to debtor notifying them of the past-due
status of the receivable and asks them to contact the City to make payment. Payments
can still be made directly to the City while in pre-collect status.
• Once 30 days have passed in pre-collect status, the receivable then rolls over to active
collections. At the onset of active collections, a letter is sent to the debtor notifying them
of status change and advising that all payments must now be made through the
collection agency.
• While in active collections status, the debtor is contacted both by phone and letter. A
search is made for assets with which the debt could be satisfied. Once the debt has
been in active collections for 45 days, it is then reported to the national credit bureaus.
• The last process in the collections cycle is the pursuit of legal action. This includes
attaching checking accounts, garnishments and lawsuits.
• The City will not issue or renew a business license until all outstanding debt owed to the
City is paid.
• It should be noted that while a debt may be written off our books; it is still active in
Armada's collections process.
11
12
INFORMATIONAL MEMO
Page 2
DISCUSSION
The proposed amount of the 2014 cancellation of Accounts Receivable of $36,240.62 is higher
than last year's total of $29,644.47. This is attributable to three main factors:
• One of the requested write-offs is for $8,188.10. The original amount of this invoice, which
is for damages to a brick wall and masonry art at 14800 TIB, was $19,019.84. However,
the party involved had a limited amount of insurance. In settlement, the City was paid
$10,831.74 thus leaving $8,188.10 to be written off. We are unable to pursue this further
as insurance has paid what was available.
• Another of our requested write-offs is for an invoice for damages to a street light. It was
damaged by a hit and run driver and, as such, we do not know whom to bill. The invoice
total is $1,853.46.
• The parties involved in five of the street department invoices being proposed for write-off
had no insurance. One involved a vehicular homicide. The total of these invoices is
$25,714.56.
• The total of the receivables referenced above is $35,756.12 which is 98.6% of the write-off
total.
• At times, we do receive payment for receivables that have been written off. A street
department invoice for $6,006.80 written off in 2013, was paid in 2014. Originally, this
receivable was an Info Only/Hit and Run billing. However, unexpectedly, Geico
Insurance contacted us and we were then able to secure payment to the City.
• During the 2013 write-off process, a question was asked regarding how a party can
contact the City about these receivables. The phone number for the Finance Department
is on all invoices sent out.
FINANCIAL IMPACT
The financial impact of cancelling $36,240.62 will be to reduce our accounts receivable balance
by this amount in keeping with Generally Accepted Accounting Principles (GAAP) for the writing
off of bad debt. Please note that while we are writing off the accounts receivable for accounting
purposes, the accounts are still being actively worked for collection purposes with the exception
of those accounts where we cannot identify the responsible party. Accounts covered by
bankruptcy law cannot be pursued.
RECOMMENDATION
The Council is being asked to approve the annual resolution authorizing the cancellation of
Accounts Receivable and to forward this item to the Consent Agenda of the October 20, 2014
Regular Meeting.
ATTACHMENTS
Draft Resolution with Attachment A.
W:I2014 Info Memos-CouncillAccountsReceivable.doc
G7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ORDERING THE CANCELLATION
OF PAST DUE ACCOUNTS RECEIVABLE AND RETURNED
CHECK WRITE -OFFS.
WHEREAS, certain receivables and checks have been deemed uncollectible after
efforts by both the City and a collection agency have been unsuccessful; and
WHEREAS, the City will continue to pursue these receivables when practical;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Miscellaneous Accounts Receivable and Returned Checks. The total of
$36,240.62 (per Attachment A) is deemed uncollectible.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel Turpin, City Attorney
Attachment A — Past -Due Accounts Receivable and Returned Check Write -offs
as of August 31, 2014
W: \Word Processing \Resolutions \Past Due Accts Recv & Write -offs 9 -30 -14
LA:bjs
Page 1 of 1
13
14
Date
08/30/12
10/08/12
10/19/12
10/19/12
10/19/12
12/09/11
06/18/12
12/05/11
Attachment A- Past Due Accounts Receivable and Returned Check Write-offs as of 8/31 /2014
Customer
Badar Halaal Foods Corporation
Badar Halaal Foods Corporation
Badar Halaal Foods Corporation
Badar Halaal Foods Corporation
Badar Halaal Foods Corporation
Bank of America
Cheryl Johnson
Matrix Transportation
Total False Alarms
False Alarms
Fund # Amount
000 25.00
000 25.00
000 25.00
000 25.00
000 25.00
000 25.00
000 25.00
000 25.00
200.00
Invoice /Ck #
PF -01939
PF -01964
PF -01992
PF -02029
PF -02029
PF -01806
PF -01932
PF -01757
For
Police False Alarm
Police False Alarm
Police False Alarm
Police False Alarm
Police False Alarm
Police False Alarm
Police FaLsc Alarm
Police False Alarm
Notes
To collections 1/22/13 - Per DoR- company closed on 6/30/12.
To collections 1/22/13 - Per DoR- company closed on 6/30/12.
To collections 1/22/13 - Per DoR- company closed on 6/30/12.
To collections 1/22/13 - Per DoR- company closed on 6/30/12.
To collections 1/22/13 - Per DoR- company closed on 6/30/12.
B of A moved out -not their bill -bldg vacant
To collections 9/24/14. No further response from customer
Verified that there has been no such company at this address.
Date
12/31/11
12/31/13
10/11/12
03/05/12
04/27/12
07/31/13
03/15/12
12/31/13
03/15/12
08/24/12
Date
11/10/12
06/01/13
Customer
Clara Contreras
Info Only- Hit and Run
Juba Computers
Daniel Martinez
Samuel Raymundo
Ridge Spring Child Care
Tiyona Russ
Titan Insurance /Dat Le
Hugo Vaca - Valencia
Wilton Crest Apartments
Total Misc. Billings
Customer
Jamila A. Coleman
Maiesha Barquet
Total Returned Checks
Write-off Grand Total
Miscellaneous
Fund # Invoice /Ck # Amount For
000 MB -00954 $ 1,949.97 knocked down streetlight pole
000 MB -01444 $ 1,853.46 repairs to streetlight pole
000 RF -00864 $ 85.00 Fire re- inspection fee
000 MB -01005 $ 14,016.70 damaged streetlight & foundation
000 MB -01037 $ 5,367.62 jersey barrier repairs
000 RF -01028 $ 60.00 Fire re- inspection fee
000 MB -01006 $ 443.38 damaged trees in accident
000 MB -01437 $ 8,188.10 damaged brick wall & masonry art
000 MB -01008 $ 3,906.89 damaged streetlight pole & luminaire
000 RF -00844 $ 60.00 Fire re- inspection fee
S 35, 931.12
Returned Checks
Fund # Invoice /Ck #
000 1051 $
630 204 $
Amount
77.00
32.50
109.50
$ 36,240.62
For
Youth Athletics -TCC
Swim Lessons -MPD
Notes
Moved -no insurance- To EPR 4/23/12 (old collection agency)
Unknown driver- unable to bill responsible party
To Armada 1/25/13- Company closed 3/25/13 per licen
To EPR 5/4/12- No insurance or assets
No insurance- vehicular homicide involved- to Armada 1/2/14
Not billed to right party- in meantime right party moved away
To Armada 3/6/13- No insurance
Had limited insurance -this was portion left after pymt to City
No insurance -to Armada 1/2/14
No response- notified Kathy Stetson -To Armada 6/6/13.
Notes
To Armada Corp 8/13/13.
To Armada Corp 8/13/13.
EPR= Evergreen Professional Recoveries; our old collection agency.
Armada Corp has been our collection agency since mid -2012.
Write -offs 08 31 14.xlsx
10/1/2014
16
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: David Cline, City Administrator
DATE: September 24, 2014
SUBJECT: Alliance One Lease Agreement
ISSUE
The current lease agreement with Alliance One Management Receivables expires on December
31, 2014.
BACKGROUND
Alliance One is the company Tukwila Municipal Court contracts with to provide collection
services for unpaid court fines and fees and also manages long-term payment plans for our
customers not in collections. In May 2009, Alliance One began leasing space with the City of
Tukwila. Per RCW 35A.11.010 and 35A.11.020 all lease agreements must go before City
Council for authorization.
DISCUSSION
We are proposing a two-year lease agreement from January 1, 2015 — December 31, 2016 to
coincide with the biennium budget cycle, as well as a 5% increase ($45/month) in the monthly
rent.
FINANCIAL IMPACT
The 5% increase in rent means Alliance One would pay the City of Tukwila $870.00 a month to
lease space in the court area.
RECOMMENDATION
The Committee is being asked to move this item forward to the consent agenda of the October
20, 2014 City Council Meeting for approval and authorization for execution by the Mayor.
ATTACHMENTS
Copy of Lease Agreement
17
18
���
City of � xuykwxvuo
S2OOSouthoent*r Boulevard, Tukwila VVA08188
LEASE AGREEMENT
Agreement Number:
THIS LEASE AGREEMENT, is made between the City of Tukwila ("the City" or "Lessor") and
Alliance One Receivables Management, Umo (-Alliance" or "Lessee").
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto
agree as follows:
|. Premises. Lessor does hereby agree to lease to Lessee, upon the fotlowing terms and conditions,
one (1) front counter workspace at the Tukwila Municipal Court located at 6200 Southcenter
Blvd., Tukwila, Washington ("Premises").
2. Term. This agreement shall be in full force and effect for a period cornrnencing January 1, 2015
and ending Decemher 31, 2016 uiiless soonerterrninated under the provisions hereinuftcr
specified.
3. Rent. Lessee covenants and agre s to pay Lessor, at Lessor's address, without dedu tion or
offset, rent of Seven Hundred Fifty Dollar ($B70.00) per month (^]{ent^|Puvnzeo('`). The Rental
Payrnent shall be suhmitted to Lessor on a monthly basis due hy the 15th day of each month. Any
and all ancillary costs associated with Lessee's use of the Premises shall be borne by Lessee.
4. Leasehold Excise Tax. Lessee shall pay any leasehold excise tax due pursuant to RCW 82.29A
to Lessor by the l51hof each month u1 the rate o[l2.8496o[ rental amount. The Leasehold Excise
tax shall be paid in addition to the monthly rental payment. If the State of Washington changes
the leasehold excise tax and another jurisdiction also imposes this tax, the tax payable by the
Lessee shall be corresponding y modified in compliance with RCW 82.29A.
5. Use of Premises by Lessee. Lessee shall have exclusive use of the Prernises for payrnent
collection and shall provide their own personnel to staff the Premises between 8:30 a.m. and 4:30
p.m. Monday through Friday. Lessee's personnel at the Premises shall provide custorner r service
at a level satisfactory to the Lessor. Lessor reserves the right to immediately terminate this lease
agreement should the Lessee's customer service levels fail to meet the standards set by Lessor.
6. Utilities, Equipment and Services. Lessee shall provide daily arrnored car service, Monday
through Friday, to transport deposits from the Premises. Lessee shall provide any equipment
necessary for the prescribed use of the Pr udaex,inc|udcdhutnotiindtcdtwoonopu\em.fax/copy
machines and telephones. Lessee shall be responsible for setting up and maintaining their own
telephone and internet connections.
7. Signage. Lessee shall provide, at their own expense, signage to be placed at the Premises; all
signage shall be pre-approved by Lessor before being posted on the Premises.
8. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the
Premises. Any sublease or assignment made in violation of this provision shall be void.
9. Indemnification and HoId Harmless. Lessee shall indemnify, defend and hold harmless Lessor,
its officers, agents and employees, from and against any and all claims, losses or liability,
Alliance One Lease Agreement Page 1 of 3
City� ��" �
��x� Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
including attorneys' fees, arising from injury or dea h to persons or damage to property
occasioned by any act, omission or failure of Lessee, its officers, agents, employees, customers,
and guests, in performing the work required by this Agreement. With respect to the performance
of this Agreement as to claims against Lcsxor, its oDGccrs, agents and employees, Lessee
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 or Lessee. This waiver is mutually negotiated by the parties. This paragraph shall
not apply to any damages reaolting from the sole negligence of the Lessor, its agents or
employees. To the extent that any of the damages referenced by this p were caused by or
resulted from the concurrent negligence of Lessor, its agents or employees, this obligation to
indemnify, defend and hold harmless is valid and enforceable only to the extent ofthe negligence
of Lessee, its officers, agents, ernployees, c ustorners, and guests.
10. Insurance. Lessee shall procure and maintain in full force throughout the duration ofthe
Agreement Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 genera aggregate and $2,000,000 products-completed operations
aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form
CG0O0| and shall cover liabili arising from premises, operations, independent contractors,
products-completed opera kno, stop gap liability, personal injury and advertising i jury, and
liability assumed under an insured contra L The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO forrn CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground property
damage. The City shall be named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement
CG 20 37 10 01 or substitute endorsements providing equivalent coverage and shall include a
provision prohibiting cancellation or reduction in the amount of said policy except upon thirty
(30) days prior written notice to Lessor. Cancellation of the required insuraiice shall
automatically result in termination of this Agreement.
|i
Certificates of coverage as required by Paragraph A above shall be delivered to Lessor
within fifteen (15) days of execution of this Agreement.
Holding Over. Any holding over on the Premises after the termination of the terrn of this lease
shall be construed to be a tenancy from month-to-month with the same valuable consideration for
rent being provided on a pro rata basis per month. Such holding over shall otherwise be on all the
terrns and conditions of this Lease Agreement.
12. Notices.
Notices to Lessor sha | be sent to the following address:
City ofTukwila
Attention: Ci Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
Alliance One Lease Agreement Page 2 of 3
20
�
of City ��x
� mu«ouwxx«n
6200 Southcenter Boulevard, Tukwila WA 98188
Notices to Lessee shall be sent to the following address:
Alliance Onc Receivables, Inc.
Tricia Purcell, Client Service Manager
6565 Kimball Drive, Suite 200
PO Box 2449
Gig Harbor WA 98335
Agreement Number:
13. Effect of Invaliditv. If any provision of this Lease Agreernent or the application thereof to any
person or circumstance shall to any extent be invalid, the rconaindc, of this Lease Agreement or
the application of such provision to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby and each provision of this Lease Agreement shall he
valid and enforced to the fullest extent permitted by law.
14. Entire Agreement — Amendments. This printed Lcuoe/\grcenunt together with all exhibits
expressly incorporated herein by reference and attached hereto shall constitute the whole
agreement hetween the parties. There are no terms, obligations, covenants or conditions other
than those contained herein. Except as otherwise provided, no modification or amendment of this
Lease Agreement shall he valid or effective unless evidenced by an agreement in writing signed
by both parties.
15. Termination. Lessor or Lessee may terminate this lease at any time on or before the expiration of
the lease term upon thirty (30) days prior written notice to the other party.
16. Applicable Law — Venue: Attorney's Fees. This Agreement shall be governed hy and
construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding s instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be properly laid in King County, Washington.
The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit.
DATED this
CITY OF TUKWILA
day of .20l4
Jim Haggerton, Mayor
ATTEST/AUTHENTICATED
City Clerk
ALLIANCE ONE RECEIVABLES, INC.
Harry Neerenberg, CFO
APPROVED AS TO FORM
City Attorney
22
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: David Cline, City Administrator
DATE: September 24, 2014
SUBJECT: Amending TMC Chapter 2.70 Public Defense
ISSUE
Amend TMC Chapter 2.70.050 Public Defense Standards to remove the statement that the City
shall adopt and implement a case-weighting system on or before January 1, 2015.
BACKGROUND
In 2012 the Washington State Supreme Court adopted Standards for Indigent Defense and
ordered that jurisdictions comply with these standards. One of these standards sets caseload
limits. Misdemeanor caseload limits are effective beginning January 1, 2015 and all public
defense attorneys assigned to represent indigent defendants on misdemeanor cases will be
required to certify their caseloads to the court(s) in which they work. Jurisdictions have the
option to adopt a case weighting system. A case weighting system assigns higher and lower
time values or weighted credits to cases based on the amount of time that is typically required to
provide effective representation.
Each local government has discretion to decide whether to measure public defense caseloads
by 300 weighted credits OR 400 non-weighted cases.
In October, 2013, the City of Tukwila adopted Public Defense Standards as mandated by the
Washington State Supreme Court. At that time we intended to adopt a case weighting system
and TMC 2.70.050 Standard 3 states: On or before January 1, 2015, the City shall develop and
implement a case weighting system as required by Washington State Supreme Court Order No.
25700-A-1023.
DISCUSSION
Adoption of a case weighting system is optional. In April, 2014 the Washington State Office of
Public Defense issued a model misdemeanor case weighting policy to assist municipal
jurisdictions interested in creating an optional public defense case weighting system consistent
with the Supreme Court Standards for Indigent Defense. City staff utilized the model case
weighting policy to analyze the City's public defense caseload. The results of the analysis
indicated that the City's current public defense caseload requires three fulltime public defense
attorneys under both the case weighting model (300 credits per attorney) and the non-weighted
model (400 cases per attorney). As there is no impact to the staffing requirements and adopting
a case weighting system would require significant administrative work, it was determined that
there is not a benefit to the City to adopt a case weighting system.
Additionally, Washington Cities Insurance Authority has notified municipalities that they
do not recommend adoption of a case weighting system.
Based on this information I am recommending that TMC 2.70.050 be amended to remove the
requirement to develop and implement a case weighting system.
23
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
None.
RECOMMENDATION
The Council is being asked to approve the ordinance and forward this item to the October 20,
2014 Regular Meeting Consent Agenda for full Council Approval.
ATTACHMENTS
Draft Ordinance amending TMC 2.70 Public Defense.
24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2410
§6 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 2.70.050, "PUBLIC DEFENSE STANDARDS,"
UNDER STANDARD 3, TO ELIMINATE IMPLEMENTATION OF
A CASE WEIGHTING SYSTEM; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila prosecutes misdemeanor offenses that are
committed by adults within the Tukwila city limits, and the misdemeanor offenses are
filed into the Tukwila Municipal Court; and
WHEREAS, pursuant to the 6th Amendment of the United States Constitution, and
Article I, Section 22 of the Washington State Constitution, persons charged with
misdemeanors who are deemed indigent are entitled to the effective assistance of
counsel at the public expense; and
WHEREAS, the Washington State Bar Association and Washington State Supreme
Court have established guidelines for standards for indigent defense; and
WHEREAS, the City previously intended to adopt a case weighting system; and
WHEREAS, after further analysis the City has opted not to adopt a case weighting
system;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 2.70.050 Amended. Ordinance No. 2410 §6 (part), as
codified at Tukwila Municipal Code Section 2.70.050 under "Standard 3," is hereby
amended to read as follows:
Standard 3: Caseload Limits, Types of Cases, and Limitations on Private
Practice. Attorneys shall maintain a caseload such that he or she can provide each
and every defendant effective assistance of counsel as guaranteed by these standards.
W: Word Processing \Ordinances \Public defense services -Std 3 amended 9- 30- 14.doc
JT:bjs
Page 1 of 2
25
The attorney shall be mindful of the number of open cases for which he or she is
counsel of record, the type or complexity of those cases and any prospective cases, his
or her experience, the manner in which the jurisdiction processes cases, and any
private practice in which he or she is engaged. When contracting with an attorney, the
City may, if appropriate, limit the number of cases an attorney may handle. Such
limitation may be based upon the experience of the attorney, the training the attorney
has received, the complexity of the cases being assigned the attorney, defense services
the attorney may provide to other municipalities, the scope and extent of the attorney's
private practice, justified complaints that may have been made against the attorney, and
any other relevant factors.
implement a case weighting system as required-by Washington State Supreme Court
Order No. 25700 A 1023.
* * *
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
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 , 2014.
A I 1 EST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Process ng \Ordinances\Public defense services-Std 3 amended 9-30-14.doc
JT:bjs
26
Page 2 of 2
-�1oA-x.
8����.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL 0��U����������U�
nn�o-��xnumo��n uv��n����� u�n��n�nw����y�mn�����umm
Mayor Haggerton
Finance & Safety Committee
FROM: David Cline, City Administrator
DATE: September 24, 2014
SUBJECT: Kirshenbaum & Goss, Inc. P.S. Agreement
ISSUE
The current contract for public defender services provided by Kirshenbaum & Goss expires
December 31, 2014. Attached is a proposed contrac for 2015-2016.
BACKGROUND
The City of Tukwila contracts for public defense services providing legal representation for
indigent criminal defendants who qualify for appointment of counsel from the time of screening
for eligibility through trial, sentencing and appeals to the superior court, if necessary.
DISCUSSION
Public Defense Standards were adopted by the Washington State Supreme Court in 2012 and
are effective January 1,2O15. These standards delineate the number of cases each attorney
can handle per year (including reduction of cases allowed based on the amount of time devoted
to private practice) and mandates that compensation include administrative and training costs.
In addition to the new Public Defense Standards the federal court decision, Wi/bur v. Mt. Vernon
also mandates significant changes to public defense programs. Some of the requirement
include:
• Timely and meaningful communication: Attorneys must attempt to meet with their
clients within 72 hours of being appointed;
• Budget Allocations: In addition to the compensation paid for public defense services,
funds must be specifically allocated for:
o Investigative services;
o Interpreter services for meetings with clients outside of court; and
o Expert witnesses;
• Case Management and Tracking: Attorneys must utilize a case management system
that includes time and case load tracking abilities
• Monitoring and Evaluation: Public defense programs must be monitored and
evaluated on a regular basis.
City Administration has taken several steps to ensure that our Public Defense Program is in
compliance with these requirements. The City website has been updated to include
comprehensive information about the Public Defense Program. A monitoring and evaluation
policy has been adopted and implemented that requires:
• Public Defense attorneys to submit monthly statistics reports; quarterly certification of
compliance with the caseload standards; annual reports that include a caseload
summary; complete a status survey each year; and provide proof of Continuing Legal
Education (OLE) credits obtained for the calendar year;
INFORMATIONAL MEMO
Page 2
• The City to, on an annual basis, survey program stakeholders for feedback about
the public defense program and have an independent attorney evaluate the public
defense program on a biennial basis.
The 2O13-2014 flat rate for public defender services was $13,25J} per month (including $1,250
grant funds) and $1O0.00 per case for each case over 12O cases. |O order k] comply with the
new public defense standards and Wilbur v. Mt. Vernon we are recommending increasing the
flat rate to $32,600 per month and paying an additional $200 per day for Attorney of the Day
services month, which occur no more than 5 days per month.
RECOMMENDATION
It is recommended thatthis contract be forwarded to the October 13, 2014 Committee of the
Whole and the October 20, 2014 Regular Meeting for approval.
ATTACHMENTS
Draft Contract for Public Defense Services, 2015-2016
28
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR PUBLIC DEFENSE SERVICES
This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City," and Kirshenbaum &
Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor,"
WHEREAS, the City has a need to have legal services available for citizens, charged with a
crime who are deemed indigent and are entitled to the effective assistance of counsel at the public
expense; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to
certain terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times
comply with all federal, state, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith,
including the provisions of Washington Supreme Court Order 25700-A-1013 and the public
defense standards adopted by the City pursuant to TMC 2.70. Compliance with these
standards goes to the essence of this Agreement. The Contractor shall request and obtain
prior written approval from the City if the scope of work or schedule of services is to be
modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and
incorporated herein by this reference. Compensation is based upon the historical case count for
the City of cases per year, averaging 1200 cases per year. In compliance with the public defense
standards, the case counts include the Contractor's appearance at 48 arraignment calendars per
year.
Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing January 1, 2015, and ending December 31, 2016, unless sooner terminated under
the provisions hereinafter specified.
4. Independent Contractor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any
benefits accorded City employees by virtue of the services provided under this Agreement. The
29
30
City shall not be responsible for withholding or otherwise deducting federal income tax or
social security or contributing to the State Industrial Insurance Program, or otherwise assuming
the duties of an employer with respect to the Contractor, or any employee of the Contractor.
5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers,
agents, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, its officers, officials, employees, and volunteers,
the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors. Contractor's maintenance of insurance, its
scope of coverage and limits as required herein shall not be construed to limit the liability of
the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with
the limits described below:
Professional Liability Insurance: The Contractor shall procure and maintain in full
force throughout the duration of this Agreement Professional Liability insurance with
a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor
shall provide evidence of such coverage in a manner and form acceptable to the City
in the City's sole discretion. Cancellation of the required insurance shall
automatically result in termination of this Agreement.
2. Automobile Liability: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Automobile Liability insurance with a
minimum combined single limit for bodily injury and property damage of $1,000,000
per accident. Automobile liability insurance shall cover all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
3. Commercial General Liability: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Commercial General Liability insurance
Kirschenbaum&Goss 2015-2016 DRAFT & Goss, Inc. P.S. Page 2 of 10
with limits no Iess than $l000,000 each occurrence, $2,000,000 general aggregate
and $2,000,000 products-completed operations aggregate limit. Commercial General
Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors, products-
completed operations, stop gap liability, personal i jury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per P ject Endorsement ISO
form CG 25 03 )) 85 or an equivalent endorsement. There shall be no endorsement
or modification of the Commercial General Liability Insurance for liability arising
from explosion, collapse or underground property damage. The City shall be narned
as an insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured
endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
4. Workers' Compensation: The Contractor shall procure and maintain Workers'
Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the
insurance coverage and limits required, if any, to be obtained by subcontractors, which
determination shall be made in accordance with reasonable and prudent business
practices.
F. Notice of Cancellation. The Contractor shall provide the City and alt Additional
Insureds for this work with written notice of any policy cancellation, within two business
days of their receipt of such notice.
7. Record Keeping and
A. The Contractor shall maintain accounts and records, including personnel, property,
financial and programmatic records which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed in the performance of this
Wmcheohuum&Goo 20l5-20lo DRAFT m Goss, Inc. PS. Page 3 of 10
32
Agreement and other such records as may be deemed necessary by the City to ensure the
performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof
unless permission to destroy them is granted by the office of the archivist in accordance
with RCW Chapter 40.14 and by the City.
8. Audits and Ins The records and documents with respect to all matters covered by
this Agreement shall be subject at all times to inspection, review or audit by law during the
performance of this Agreement, to the extent permitted by law.
V. Termination. This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to terminate the same. If the
Contractor's insurance coverage is canceled for any reason, the City shall have the right to
terminate this Agreement immediately.
10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under
this agreement, shall not discriminate against any employee, applicant for employment, on
the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual
orientation, gender i marital ��*,mdi��u�|i��mt�7��n���y���,
mental or physical disability in the selection and retention of employees or procurernent of
materials or supplies.
11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of
the services contemplated by this Agreement, except for prosecution services, without the
written consent of the City.
12. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
13. Severability and Survival. If any term, condition or provision of this Agreernent is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall retnain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
14.
Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Kirschenbaum&Goss 2015-2016 DRAFT & Goss, Inc. P.S. Page 4 of 10
Notices to the Contractor shall be sent to the following address:
Kirshenbaum & Goss, Inc. P.S.
1314 Central Ave S Ste. 101
Kent, WA 98032-7430
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be properly laid in King County, Washington.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this day of , 2014.
CITY OF TUKWILA CONTRACTOR:
Mayor Jim Haggerton David Kirshenbaum
Attest/Authenticated: Approved as to Form:
Christy O'Flaherty, City Clerk Rachel Turpin, City Attorney
Kirschenbaum&Goss 2015-2016 DRAFT & Goss, Inc. P.S. Page 5 of 10
33
34
EXHIBIT A- SCOPE [FSERVICES
Contractor agrees to provide a level of service equal to or greater than the level of service provided
by an in-house public defense office.
In particular, Contractor agrees to:
A. Provide legal representation services in accordance with the standards adopted by the City in
TMC 2.70, the standards set forth by the Washington State Bar Association Standards for
Indigent Defense Services, the Rules of Professional Conduct, Wilbur v. M/ Vernon, other
related case law and applicable court rules defining the duties of counsel and the rights of
defendants in criminal cases for all indigent criminal defendants charged with a misdemeanor
or gross misdemeanor under ordinances of the City who qualify for appointment of counsel.
The Contractor agrees to attempt to contact the client within 72 hours of notification of
appointment. The Contractor shall provide legal representation for each of these defendants
from time of screening for eligibility through trial, sentencing and appeals to the superior court,
if necessary.
B. Pursuant to TMC 2.70.50 Standard 8, the Contractor shall maintain a case reporting and case
management system that includes number & type of cases, attorney hours and disposition.
C. Determination of indigency for eligibility for appointed counsel under this Agreement shall be
determined by an independent screening process established by the City. Should the Contractor
determine a defendant is not eligible for assigned counsel prior to the establishment of the
u1innncv/c|ieuiprivi|cgc, the Contractor shall so advise the City to reconsider the screening of
that particular individual.
D. The Contractor shall provide to the City Police Department, a te numher or numbers at
which an attorney may be reached 24-hours each day for "critical stage" advice to the
defendants during the course of police investigations and/or arrest for misdemeanor violations
of City Ordinances.
E. Any counsel associated with or employed by the Contractor shall have the authority to perform
the services called for herein and the Contractor may employ associate counsel to assist himlher
at the Contractor's expense. The Contractor and any other attorneys retained pursuant to this
section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of
Washington and shall have read and be fully familiar with the provisions of the Washington
Supreme Court rule and the standards adopted by the City pursuant to TMC 2.70, as well as
the Wilbur v. M/. Vernon decision.
F. The City shall provide to the Contractor, at no cost, one copy of all discoverable material
concerning each assigned case. Such material shall include, where relevant, a copy of the
abstract of the defendant's driving record.
G. In the event representation of a defendant hereunder raises a conflict of interest such that the
Contractor cannot ethica!ly represent the defendant, said defendant shall be referred hack to
the City for further assignment, without cost 10 the Contractor.
Kirschenhaurn&Goss 2015-2016 DRAFT & Goss, Inc. PS. Page hv[0
EXHIBIT A- SCOPE {lF SERVICES
B. Contractor agrees to attend seven (7) hours of criminal defense training each year. The training
must be approved by the Washington State Office of Public Defense (OPD) in compliance with
the OPD Improvement Program Training requirements. This requirement also applies to all
associate counsel. Each attorney will submit a copy of their Continuing Legal Education (CLE)
Credits transcript from the Washington State Bar Association (WSBA) with the Annual Report.
Reporting: Contractor agrees to submi the foliowing reports:
• Monthly Statistics Reports: This report shall take substantially the same form as that
attached hereto as Exhibit C and shall be submitted with the monthly invoice;
• Quarterly Certification of Compliance: The Contractor shall certify compliance with the
standards required by CrRLJ 3. 1. The Certification shall take suhstantially the same forrn
as that attached hereto as Exhibit [) and shall be filed quarterly with the Tukwila
Municipal Court on the following dates: January 1, April 1, July 1, and October 1, or the
next court day, if the filing day falis on a weekend or holiday;
• An Annual Report detailing the number of other public defense contracts including
jurisdiction, the number and type of non-public defense cases handled and the total hours
billed for non-public defense cases.
Video Court Services: Provide daily video court public defense services to defendants charged
under ordinances of the City who are detained at the SCORE Jail and qualify for public defense
services in a manner consistent with the accepted practices for similar services, performed to
the City's satisfaction.
K. Attorney of the Day Services: Provide an attorney for weekly arraignment calendars, available
to all unrepresented defendants for consultation.
Kirschenbaum&Gess 2015-2016 DRAFT 8z Goss, Inc. P.S. Page 7 of 10
36
EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
Effective January 1, 2015 for all public defense services set forth in Exhibit A, Contractor shall
be paid a flat monthly fee of $32,600 and $200 per day for Attorney of the Day services.
2. Preauthorized Non-Routine Expenses. Non-routine case expenses requested by Attorney and
preauthorized by order of the Tukwila Municipal Court. Non-Routine expenses include, but
are not limited to:
a. Medical and psychiatric evaluations;
b. Expert witness fees and expenses;
c. Interpreters for languages not commonly spoken in the city or interpreters for
services other than attorney/client communication;
d. Investigation expenses;
e. Medical, school, birth, DMV, 911, emergency communication recordings and
logs, and other similar records when the cost of an individual item does not
exceed $75; and
f Any other non-routine expenses the tukwila municipal court finds necessary and
proper for the investigation, preparation, and presentation of a case.
3. The Contractor shall invoice the City on the first day of the month, or the first workday
thereafter, for all cases assigned to him/her for the previous month. The bill shall delineate the
following:
• City compensation;
• Grant Fund compensation;
• Miscellaneous Charges: Copies of invoices and or receipts for miscellaneous charges
shall be attached to the bill; and
• A list of the cases assigned for the month including the defendant's full name, case
number, charges, date of assignment & date of first contact.
Payment shall be made on or by the 20th day of each and every month thereafter.
Kirschenbaum&Goss 2015-2016 DRAFT & Goss, Inc. P.S. Page 8 of 10
EXHIBIT C — PUBLIC DEFENSE MONTHLY REPORT
CASES APPOINTED
New Filings
Post-Conviction
Special
CLIENT CONTACT
Out of Court Meetings/Phone Calls/Email Correspondence
Jail Visits
MOTIONS PRACTICE
Motions
DISPOSITIONS
Deferred Prosecution
SOC/ Pre-Trial Diversion Agreements
Compromise of Misdemeanors
Plead as Amended (reduction of charges and/or dismissing counts)
Plead as Charged/ Stipulated Facts Trial
FTA's
TRIALS
SET
TRIED
Bench Trial
Jury Trial
FTA's Day of Trial
RESOURCES UTILIZED
Expert Consulted
Immigration Case Assistance/Resources (WDA)
Interpreter (out of court)
Investigator
Referred for Mental Health/Competency Evaluation
Social Worker
COMPLAINTS
Complaint Forms Received from Clients
Complaints Filed with the WSBA
TRAINING (in hours)
WDA
WACDL
Other
Kirschenbaum&Goss 2015-2016 DRAFT Sc Goss, Inc. P.S.
Page 9 of 10
37
38
EXHIBIT D — CERTIFICATION OF COMPLIANCE
MUNICIPAL COURT
FOR
CITY OF TUKWILA
STATE OF WASHINGTON
CERTIFICATION BY:
FOR THE
CALENDAR QUARTER OF
| | No.:
[ | Administrative Filing
CERTIFICATION OF APPOINTED
COUNSEL OF COMPLIANCE WITH
STANDARDS REQUIRED BY CiK3.1/CrRLJ
3.1/JuCR 9.2
The undersigned attorney hereby certifies:
1. Approximately 96oicuy practice hmcis devoted to indigent defense cases for the
City of Tukwila.
Approximately % of my practice is devoted to indigent defense cases for the fol
jurisdictions:
Approximately % of my practice is devoted to private practice.
2. 1 am farniliar with the applicahle Standards adopted by the Supreme Court for attorneys
inted to represent indigent persons and certify that:
a. Basic Qualifications: Toueci the minimum basic professional qualifications in Standard
14.1.
b. Office: I have access to an office that accommodates confidential meetings with clients,
and lbavc a postal address and adequate telephone services to ensure prompt response
to client contact, in compliance with Standard 5.2.
c. Investigators: Ibuve investigators available to me and will use investigation services as
appropriate, in compliance with Standard 6.1.
d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my
cases. lvviU not accept a greater number of cases than specified in Standard 3.4, prorated if
the amount of time spent for indigent defense is less than full time.
e. Case Specific Qualifications: lucu familiar with the specific case qualifications in
Standard 14.2, Sections 8 Kuud will not accept appointment in a case as lead counsel
unless 1 meet the qualifications for that case.
�. Training: 1 will attend seven (7) hours of crirninal defense training approved by the
Washington State Office of Public Defense (OPD) in compliance with the OPD
Improvernent Program Training requirements each calendar year.
Attorney, WSBA No. Date
Kiozhmhmm&Goss20l5-20ibDRAFT Sz. Goss, Inc. P.8. Page 0of0
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: David Cline, City Administrator
DATE: September 24, 2014
SUBJECT: Kenyon Disend PLLC Agreement
ISSUE
The current contract for City Attorney services provided by Kenyon Disend expires December
31, 2014. Attached is a proposed contract for 2015-2016.
BACKGROUND
The City of Tukwila contracts for legal services summarized as follows:
• General City Attorney services;
• Prosecution services;
• Litigation and contested administrative proceedings;
• Paralegal services; and
• "Special services" (services not otherwise specified).
DISCUSSION
Under the current and proposed contracts, general City Attorney services are provided at a flat
monthly rate. Litigation, contested administrative proceedings and "special services" are subject
to prior approval and are billed at the hourly rates of contractor staff involved. Contractor's
hourly rates are attached to the proposed 2015-2016 contract.
The 2013-2014 flat rate for City Attorney services for general City Attorney and Prosecution
services was $37,105.00 per month. The 2015-2016 proposal increases the flat rate to $39,318
per month. This reflects an overall increase of approximately 6% to account for cost of living
adjustments, modest increases in attorney billing rates, and an increase for prosecution
services to bring the prosecutor's compensation more in line with that of other comparable
jurisdictions.
RECOMMENDATION
It is recommended that this contract be forwarded to the consent agenda of the October 20,
2014 Council Meeting for approval.
ATTACHMENTS
Draft Contract for City Attorney Services, 2015-2016
39
40
Cityof �
of ��v� xo"xnwvxa
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR LEGAL SERVICES
This Agreement is entered into by arid between the CITY OF TUKWILA, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City," and KENYON
DISEND, PL[C, hereinafter referred to as "the Contractor," whose principal office is located in
Issaquah, Washington.
WHEREAS, the City has a need to have certain legal services for its citizens;
and
WHEREAS, the City desires to have the Contractor perform such services pursuant to
certain .terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter cuntaiocd, the
parties hereto agree as :follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performi such services, the Contractor shall at all times cornply
with all federal, state, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. Such local rules and
ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance
No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope
or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement
within the maximum limits set tbrth in this Agreement.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing January l,20\5,and ending Decernber 31, 2016, unless sooner terminated pursuant to
paragraph 8uf this Agreement.
5. Independent Contractor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of ernployer and employee hetween the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded City ernployees by virtue of the services provided under this Agreement. The City shall
not be responsible tbr withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in performing the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
ernployees, and agrees that the obligation to indemnify, defend and hold harmless provided for in
this paragraph extends to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent negligence of
the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
7. Insurance. The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000
per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a
manner and form acceptable to the City in the City's sole discretion. Cancellation of the required
insurance shall automatically result in termination of this Agreement.
8. Termination. This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to terminate the same.
9. Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided
under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital
status or presence of any sensory, mental or physical handicap.
10. Assignment and Subcontract. The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement, except for prosecution services, without
the written consent of the City.
11. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement and with the consent of the City Council.
12. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
42
2
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
13. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this day of , 2014.
CITY OF TUKWILA CONTRACTOR:
KENYON DISEND, PLLC
By: By:
Mayor Jim Haggerton Title:
ATTEST/AUTHENTICATED:
Christy O'Flaherty, City Clerk
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392-7090
-3
43
EXHIBIT A -- SCOPE OF SERVICES
Contractor agrees to provide a level of service equal to or greater than the level of service
provided by an in-house city attorney office consisting of one city attorney and one assistant city
attorney/prosecutor.
In particular, Contractor agrees to:
1. Provide general city attorney services, which include but are not limited to:
A. Attend regular meetings of the City Council;
B. Attend Executive Sessions and special meetings of the City Council,
Committee of the Whole, Committee meetings, and meetings of City Boards
and Commissions, upon request;
C. Prepare or review ordinances, resolutions, contracts, interlocal agreements,
and other city documents or materials as requested;
D. Practice "preventative law" in the form of regular consultation with staff and
elected officials, and maintenance of between 20 and 25 "office hours" each
week at City Hall, exclusive of prosecutor time;
E. Provide special classes and/or seminars for staff, elected officials, Boards,
and Commissions on issues including, but not limited to, ethics, conflict of
interest, and the appearance of fairness doctrine.
Except as set forth in Section 3, defend litigation brought against the City;
G. Defend or initiate administrative hearings involving the City including, but
not limited to, drug forfeiture and seizure hearings, code enforcement, and
similar matters;
H.. Such other general city attorney matters as are assigned;
Provision of cellular telephones to all attorneys employed by Contractor, and
a list of such telephone numbers to the City;
J. Comprehensive Internet and remote access capability, including e-mail,
linking Contractor's office with City Hall; and
K. Oversight and coordination of the City Clerk's Office.
4
44
2. Provide city prosecution services, which include but are not limited to:
L. Review, determine filing decision, and file all Tukwila Police Department
reports involving misdemeanor and gross misdemeanor crimes, and
represent the City on all contested traffic hearings;
M. Regularly consult with and train police department personnel on selected
legal issues, and attend police department administrative staff meetings as
requested;
N. File and defend appeals of municipal court decisions; and
0. Such other city prosecution matters as are assigned.
3. Provide City Attorney services for litigation and contested administrative
proceedings, which include but are not limited to:
P. Initiation and defense of litigation and contested administrative proceedings
on the City's behalf. Contractor shall be compensated for such litigation and
contested administrative proceedings as Separate Matters under paragraph 2
of Exhibit B.
4. Provide Special Services, which include but are not limited to:
Q. Other specialized municipal law services; provided, however, that any such
Special Services shall first be authorized by the Mayor, and shall be subject
to paragraph 3 of Exhibit B regarding compensation.
5. Provide paralegal services, which include but are not limited to:
R. General paralegal support for the City Attorney and for the prosecuting
attorney equivalent to one FIE.
6. It is understood and agreed that the City Attorney shall not provide private legal
services to any employee of the City of Tukwila during the term of this agreement.
5
45
EXHIBIT B -- COMPENSATION AND METHOD OF PAYMENT
1. For 2015, for all general city attorney and city prosecutor services set forth in paragraphs
1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $39,318.00, plus extraordinary
expenses. For 2016, for all general city attorney and city prosecutor services set forth in paragraphs
1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $39,318.00, plus extraordinary
expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery
costs, parking, mileage costs other than to and from City Hall or other locations within the City, and
other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not
include routine photocopying, fax, or long-distance telephone charges.
2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit
A shall be considered to be Separate Matters. Contractor shall maintain its current practice of
providing individual monthly billing statements for each Separate Matter. Separate Matters mean
(a) each individual civil action filed by or against the City, except that multiple condemnation
lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code
Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not
including general code enforcement services which shall be included in Contractor's flat monthly
fee, (c) all criminal appeals collectively filed by or against the City, (d) all significant projects
which require specialized knowledge and hours expended outside of the regular office hours for
that attorney; and (e) all drug or other forfeiture matters collectively filed by or against the City.
Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for, the
first $5,000 expended on any Separate Matter as computed at Contractor's normal hourly rates for
2015 and 2016. Thereafter, and for each such Separate Matter, Contractor shall be paid its normal
hourly rates for 2015 and 2016. A copy of Contractor's hourly rates for 2015 is attached hereto.
Rates for 2016 shall be provided to the City by October 1, 2015.
3. Special Services, if any, shall first be approved by the Mayor and City Council after
negotiation regarding (1) whether additional compensation is fair and equitable for such Special
Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such
Special Services.
6
46
KENYON DISEND, PLLC
HOURLY RATE SCHEDULE FOR YEAR 2015
ATTORNEYS:
Partners and Senior Attorneys:
Michael R. Kenyon
Bruce L. Disend
Chris D. Bacha
Kim Adams Pratt
Doug F. Mosich — "of counsel"
Kari L. Sand
John "Jay" P. Long Jr.
Associate Attorneys:
Rachel B. Turpin
Danielle M. Evans
Ann Marie Soto
PARALEGALS:
Margaret C. Starkey
Sheryl A. Loewen
Pam M. Odegard
Mary A. Swan
Terry T. Curran
Kathy I. Swoyer
$295.00
$295.00
$260.00
$260.00
$250.00
$240.00
$240.00
$165.00
$165.00
$160.00
$120.00
$105.00
$105.00
$105.00
$105.00
$105.00
7
47
48
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL D��U���������K�
nV�m-w�'�xwmom��mu��n����� wmu��onw����w��x�����x�x
Mayor Haggerton
Finance and Safety Committee
FROM: Evie Boykan, HummamServicem
Joyce Trantina, Mayors Office
DATE: September 10, 2014
SUBJECT: Interlocal Agreement for Afterschool Programming
ISSUE
Staff requests Council approval to enter into an inter-local agreement (ILA) with the Tukwila
School District to provide after school programming. The purpose of this partnership is to
provide quality after school programming in a safe and structured environment. The purpose of
this agreement is to clarify and outline the intent, roles, responsibilities and communication in
the delivery of afterschool programming at the three elementary schools for the school district
years of September 2014 — June 2016.
BACKGROUND
The City has provided in-kind and financial support for after school programming since 2000.
In 2009. the City entered into a contrac with Community Schools Collaboration (CSC) to
provide afterschool programming at each of the five schools in Tukwila, covering the areas of
academic enrichment, family support including education about community resources, and
health services support including dental and vision services. The City has contributed $100,000
-$13O.O0O annually tosupport these activities. The existing contract with Community Schools
Collaboration will expire December 31, 2014.
Based on organizational and staffing changes at both CSC and the Schoo District and
uncertainty regarding the finances needed to sustain the current program, the District decided to
explore other options for providing these services. The District went through the Request for
Qualifications (RFQ) process and received proposals from the YMCA, Parks and Recreation,
and CSC. A joint stakeholder committee made up of representatives from the School District
and City reviewed the proposals and conducted interviews. This committee Iooked at a variety
of factors — model, capacity, financial stability, leveraging existing resources, and cost, in order
to make a recommendation. The committee recommended an integrated service model, where
Parks and Recreation and the YMCA would collaborate to provide a comprehensive program.
This p has previously been discussed at the foliowing meetings:
• Community Affairs and Parks Committee Meeting August 12, 2014.
• Regular City Council Meeting August 18, 2014.
• Finance and Safety Committee Meeting August 19. 2014
INFORMATIONAL MEMO
Page 2
DISCUSSION
Under the integrated model, Parks and Recreation staff will provide enrichment activities,
supervised study time and recreational activities and the YMCA will provide general and
individual academic support, skill building and academic success programs. The School District
will provide in-kind services to include bus transportation and facilities.
In previous years, the Parks and Recreation staf have served 30-35 elementary students in the
after school program at the Tukwila Community Center. The new model will serve up to 85
students at each of the three elementary schools five days per week.
This proposal does not include after school programming at the middle school or high school.
The existing contract with CSC goes through December 31, 2014 and CSC will use these funds
to continue providing after school programming at the middle school and high school through
the end of 2014. CSC has applied for grant funding to continue this programming next year,
and is working closely with the District to identify new resources. If unable to secure the
required funding, CSC may need to reduce programs or seek additional funding sources (which
could include the City).
BUDGET IMPACT
The Human Services budget would not need to be changed. Starting iO2015 the $100,00
previously allocated in the Human Services annual budget for CSC will be redirected to the
School District,
The Parks and Recreation 2014 budget included approximately $45,000 in expenditures for
after school programs that were provided at TCC. Those would be reallocated to this new
model. As shown on Exhibit A, the total annual Parks and Recreation Department expenditures
would increase to approximately $97,659. Thus, the 2015/2016 Parks and Recreation
expenditure budget will need to be increased by approximately $51,759 per year. This is not a
net increase in cost to the City, however, because the Parks and Recreation expenditures will
be reimbursed by the District.
In summary, of the $100,000 to CSC, $48,241 will be directed to the YMCA
through the School District, and $51,759 will be directed to the Parks and Rec. Dept.
FINANCIAL IMPACT
There is no net financial impact to the City because the increased Parks and Recreation
expenditures will be reimbursed by the District. If the Parks and Recreation revenues from
student fees come in below budget, the City, District, and YMCA will mutually agree on service
reductions to fall within budget.
50
INFORMATIONAL MEMO
Page 3
RECOMMENDATION
Staff is requesting that the Finance and Safety Committee forward the Interlocal Agreement to
the October 13 Committee of the Whole meeting for discussion and to the Consent Agenda of
the October 20, 2014 Regular Meeting.
ATTACHMENTS
• Draft Interlocal Agreement, with Exhibits A and B
• Memorandum, dated September 10, 2014
W:\Joyce\Afte rschoo I I LA2015- 2016 \I nfoMemoafte rschoo I I LA9- 10 -14FI N AL.doc
51
52
' 4
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
AN INTERLOCAL AGREEMENT BETWEEN THE TUKWILA SCHOOL DISTRICT
AND
THE CITY OF TUKWILA FOR AFTER SCHOOL PROGRAMMING AT THE
ELEMENTARY SCHOOLS
THIS IS AN INTERLOCAL AGREEMENT between The Tukwila School District, hereinafter
referred to as the "District," and the City of Tukwila, a municipal corporation of the State of
Washington, hereinafter referred to as the "City" (collectively the "Parties").
WHEREAS, the Parties desire to have quality after school programming for students at the
District and;
WHEREAS, the Parties value and practice collaboration, leveraging local resources, and
maximizing partnerships to bring the best possible services to our District children and families;
WHEREAS, research indicates that those who regularly attend high quality after school
programs demonstrate increased academic performance;
WHEREAS, the Parties feel that the best way to provide high quality after school programs is
through a partnership with the City of Tukwila Parks and Recreation Department ("Parks and
Recreation") and the YMCA , hereafter collectively referred to as (the "Partners").
NOW THEREFORE, in consideration of the benefits that a quality after school program
provides to both Parties and the terms and conditions contained herein, it is mutually agreed by
the District and the City as follows:
. AUTHORITY
This Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal
Cooperation Act.
2. PURPOSE
The purpose of this partnership is to provide quality after school programming in a safe
and structured environment, thereby reducing crime and increasing academic
performance of the children served. The purpose of this agreement is to clarify and
outline the intent, roles, responsibilities, and communication in the delivery of after
school programming at the three elementary schools for the School District years of
September 2014- June 2016.
3. DISTRICT RESPONSIBILITIES
3.1 The District will fund the elementary after school program, covering all costs for
October through December, 2014 and September through December, 2015.
53
3.2 The District will collaborate with Partners to jointly develop service delivery and
outcome expectations.
3.3 The District will appoint a contact person at the District administration level to
coordinate overall communication with the City regarding the after school
program.
3.4 The District will provide transportation and facility use for the after school
program.
4. CITY RESPONSIBILITIES
4.1 The City will provide elementary after school programing services as described
in Exhibit B.
4.2 The City will appoint a contact person from the Mayor's Office to coordinate
overall communication with the District regarding the after school program.
4.3 Parks and Recreation will identify a lead staff member to coordinate services with
the District and the YMCA.
4.4 Quarterly reports from Parks and Recreation will he provided, showing the
numbers of children served and activities provided.
4.5 The City will coordinate with the School District to identify objectives and
outcomes, and reports will be shared with the City Administration and City
Council.
5. COMPENSATION
5.1 Parks and Recreation shall invoice the District monthly for the period October,
2014 — June, 2015 and September, 2015 — June, 2016 for services rendered and
not covered by fees (not to exceed $10,851 per month). Payment as provided in
this section shall be considered full compensation for work performed, services
rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
5.2 The District shall invoice the City monthly for the period January — June, 2015
and January — June, 2016 (not to exceed $16,667 per month) for work performed,
and services rendered by the YMCA and Parks and Recreation.
6. INDEMNIFICATION
Each of the Parties shall defend, indemnify and hold the other Party, their officers,
officials, employees and agents harmless from any and all costs, claims, judgment, and/or
awards of damages, arising out of, or in any way resulting from that other party's
negligent acts or omissions in performing under this Agreement. No Party will be
required to defend, indemnify or hold the other Party harmless if the claim, suit or action
for injuries, death or damages is caused by the sole negligence of that Party. Where such
claims, suits or actions result from the concurrent negligence of the Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
party's own negligence. Each Party agrees that its obligations under this subparagraph
Rev. 2012 Page 2
54
include, but are not limited to, any claim, demand, and/or cause of action brought by, or
on behalf of, any of its employees or agents. For this reason, each of the Parties, by
mutual negotiation, hereby waives, with respect to the other Party only, any immunity
that would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW.
7. AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this contract shall be
subjected to inspection, review or audit by the City or the District at the requesting
party's sole expense during the term of this Agreement and three (3) years after
expiration or termination, or longer if required by Washington State retention laws. Such
records shall be made available for inspection during regular business hours within a
reasonable time of the request.
8. JOINT B LEGAL ENTITY
Ti is not intended that a separate legal entity be established to conduct thi vc
undertaking. The District shall act as administrator of this Agreement.
9. FINANCE AND BUDGET
The Tukwila School District and City Administration will annually create a working
hudget outlining expected revenues and costs The District, City, and the Partners will
meet on at least a quarterly basis to discuss operational costs and will propose changes in
programming if costs exceed the budgeted funding.
10. DURATION; TERMINATION
This Agreement shall be in in full force and effect from the date of mutual execution
through June, 2016, unless extended by the mutual written consent of the Parties.
Either party (City or District) can initiate termination of this Agreement upon sixty (60)
days prior written notice to the other party.
11. APPLICABLE LAW; VENUE; ATTORNEYS FEES
This shall be subject to, and the Parties shall at all times comply with, all
applicable federal, state and local laws, regulations, and rules, including the provisions of
the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event
any suit, arbitration, or other proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that venue shall be properly laid
in King County, Washington. The prevailing party in any such action shall be entitled to
its attorney's fees and costs of suit. Venue for any action arising from or related to this
Agreement shall be exclusively in King County Superior Court.
12. SEVERABILITY AND SURVIVAL
Rev. 2012 Page 3
If any term, condition or provision of this Agreement is declared void or unenforceable or
limited in its application or effect, such event shall not affect any other provisions hereof
and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
15. ENTIRE AGREEMENT; MODIFICATION
This Agreement, together with attachments, exhibits or addenda, represents the entire and
integrated Agreement between the City and the District and supersedes all prior
negotiations, representations, or agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing and
signed by the parties.
16. NOTICES
Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to the District shall be sent to the following address:
IN WITNESS WHEREOF, the parties have executed this Agreement on the date last written
below.
TUKWILA SCHOOL DISTRICT CITY OF TUKWILA
By: By: Jim Haggerton, Mayor
DATE DATE
Approved as to Form: Approved as to Form:
Rev. 2012
56
Page 4
City Attorney
DATE DATE
Attest/Authenticated:
City Clerk, Christy O'Flaherty
DATE
Rev. 2012
Page 5
57
Tukwila Afterschool Funding Worksheet (3 Elementary Schools)
2014 -15 School Year
(in $)
Sept Oct Nov Dec Sept -Dec Jan Feb Mar Apr May June
Total
Project Funding Sources (Estimated)
City of Tukwila - - - 16,667 16,667 16,667 16,667 16,666 16,666
Tukwila School District 4,500 20,488 20,488 20,488 65,964 3,821 3,822 3,822 2,571 - -
TSD Transportation & Facility (in kind) - 10,000 10,000 10,000 30,000 10,000 10,000 10,000 10,000 10,000 10,000
Non - Public Funding (TBD) - - - - 1,251 3,823 3,823
Parks and Recreation Fees (some families) - 5,100 5,100 5,100 15,300 5,100 5,100 5,100 5,100 5,100 5,100
Total Revenue 4,500 35,588 35,588 35,588
Project Provider Costs (Estimated)
YMCA
Tukwila Parks and Recreation
TSD Transportation & Facility (in kind)
Total Costs
District Invoice to City (Estimated)
Human Services Budget
City Invoice to District (Estimated)
Parks and Recreation Expenses
Parks and Recreation Fees
Subtotal
Estimated District Payments to City
Estimated City Payments to District
Updated: 10 /2/14
111,264
35,588
35,589
35,589
35,589
35,589
35,589
Jan -June
Total
100,000
14,036
60,000
8,897
30,600
00
0,000
0,000
897
213,533
324,797
4,500
4,500
14,737
10,851
10,000
35,588
14,737
10,851
10,000
35,588
14,737
10,851
10,000
35,588
48,711
32,553
30,000
14,737
10,851
10,000
14,738
10,851
10,000
14,738
10,851
10,000
14,738
10,851
10,000
14,738
10,851
10,000
14,738
10,851
10,000
88,427
65,106
60,000
97,65
90,000
111,264
35,588 35,589 35,589 35,589 35,589 35,589
213,533
324,797
10,851 10,851 10,851
(5,100) (5,100) (5,100)
5,751 5,751 5,751
32,553
(15,300)
16,667 16,667 16,667 16,667 16,666 16,666 100,000
10,851 10,851 10,851 10,851 10,851 10,851 65,106
(5,100) (5,100) (5,100) (5,100) (5,100) (5,100) (30,600
17,253
5,751 5,751 5,751 5,751 5,751 5,751
34,506
5,751 5,751 5,751
17,253
45,900)
17,253
10,916 10,916 10,916 10,916 10,915 10,915
65,494
Estimated Net Payment City to District: 48,241
m
X
2
EXHIBIT B
Tukwila Parks and Recreation and YMCA will jointly establish program policies, procedures and
guidelines for daily operations.
After school program sites will run daily from 3:15'6:00pm according to the following tentatkm
schedule:
3:15-3:30 — Snack
3:30~4:ZS— Activity Rotation 1:
Group A (grades 1'2)— Enrichment & Recreation (led by3P&Rstaff)
Students will participate in physical fitness and enrichment activities which will be thematic in
nature and may include, but not be Iimited to the foliowing:
Move-lt
Mondays
Together
Tuesdays
Wellness
Wednesdays
Totally
Crafty
Thursdays
Fun
Fridays
Exercise &
Movement Activities;
Intramural Sports
Social SkiIIs, Team
Building,
Community Service
Projects
Nutrition, Group
Exercise, Fitness
Arts & Crafts
Groups Games,
Sports, Exercise,
Special Events
Group B (grades 3-5) — Academic Support (lead by3 YMCA staff)
Students will participate in targeted academic support activities led by YMCA staff; Students
needing time to complete homework can utilize the study table led by Parks & Recreation staff.
Mondays
Tuesdays
Wednesdays
Thursdays
Fridays
Math focus —
Reading focus —
Math focus —
Reading focus
STEAM Activities
includes: time on ST
Includes: Sounds
includes: time on
—
— hands on
Math, math games,
activities to support
Partners, Read
Naturally, Read
ST Math, math
games, activities
Includes:
Sounds
science and
technology
mathematical skill
Live (online)
to support
Partners, Read
activities
gaps
Readers Theatre,
silent reading with
staff
confening/puUnut
time
mathematical skill
gaps
Naturally,
Read Live (on
line) Readers
Theatre, silent
reading with
staff
conferring/pull
out time
4:30-5:25 — Activity Rotation 2:
Group A (grades 1-2) — transition to Academic Support (as described above)
Group B (grades 3-5) — transition to Enrichment & Recreation (as described above)
5:25-5:30pm —School bus departs at 5:30pm for those needing transportation home.
5:30-6:00pm — Open recreation time for students with parent pick up by 6:00pm (staffed by P&R).
60
City of Tukwila
Jim Haggerton, Mayor
Parks 6' Recreation Department Rick Stffl, Director
MEMORANDUM
TO: Mayor Haggerton
Finance & Safety Committee
FROM: Rick Still, Parks & Recreation Director '
Tracy Gallaway, Parks & Recreation Superintendent 1.??
DATE: September 10, 2014
SUBJECT: After School Program Brief
In April 2014, Tukwila Parks and Recreation (P&R) supplied a proposal to the Tukwila School District
(TSD) outlining an after school program model the Department could offer for all five school sites, with
100 kids per site (500 total served). The estimated cost for this proposal was $306,800.
On July 17, 2014 TSD conducted a meeting with P&R staff regarding the proposal. The panel expressed
their interest was to serve three elementary schools and a primary focus was providing academic support
in addition to social, recreation, and wellness opportunities offered within an after school program.
Targeted enrollment would be 65 students per school (195 total served).
After the meeting, a verbal counter proposal offering P&R the opportunity to provide enrichment
programs Monday and Friday, and the YMCA the opportunity to provide academic support on Tuesday,
Wednesday and Thursday was a great starting point for an integrated proposal. Both P&R and the YMCA
expressed their belief that a balanced after school program supports educational performance, health and
wellness, social and cultural equity, and ultimately contributes to building individuals, families, and
communities.
The three organizations agreed that a partnership approach would be the best alternative to service
Tukwila families and together are developing a program that will provide daily (M-F) enrichment and
physical activity implemented by P&R Staff, and provide daily academic support implemented by YMCA
staff. Implementation would begin October 6, 2014, which would allow for agreement approval
processes by all the agencies involved.
After School Program — Integrated Programming Model
In the integrated model, 65 students from each school would be targeted for program participation based
on the need for academic support services. Selected participants would receive an academic scholarship
to participate in this program (no fee to participate). Additionally, children who currently pay to
participate in afterschool programs at Tukwila Community Center would be integrated into each program
site, thus having the opportunity to attend the same quality program in their neighborhood. These
program participants would pay a monthly fee to participate, approximately $120 per month, with limited
scholarships available to help offset costs (scholarship awards are based on verified financial need).
GOOD 1-
EALTHY FUN
12424 42nd Ave. S. • Tukwila, Washington 98168 • Phone: 206-768-2822 • Fax: 206-768-0524
61
City of Tukwila
Jim Haggerton, Mayor
Parks & Recreation Department Rick Still, Director
Tukwila Parks & Recreation and the YMCA will jointly establish program policies, procedures and
guidelines for daily operations.
Tentative Daily Programming Schedule
After school program sites will run daily from 3:15-6:OOpm according to the following tentative schedule:
3:15-3:30 — Snack
3:30-4:15 — Activity Rotation 1:
Group A (grades 1-2) — Enrichment & Recreation (led by 3 P&R staff)
Students will participate in physical fitness and enrichment activities which will be thematic in
nature and may include, but not be limited to the following:
Move-It
Mondays
Together
Tuesdays
Wellness
Wednesdays
Totally
Crafty
Thursdays
Fun
Fridays
Exercise &
Movement Activities;
Intramural Sports
Social Skills, Team
Building,
Community
Service Projects
Nutrition, Group
Exercise, Fitness
Arts & Crafts
Groups Games,
Sports, Exercise,
Special Events
Group B (grades 3-5) — Academic Support
Students will participate in targeted academic support activities led by YMCA staff; Students
needing time to complete homework can utilize the study table led by Parks & Recreation staff.
4:30-5:15 — Activity Rotation 2:
Group A (grades 1-2) — transition to Academic Support (as described above)
Group B (grades 3-5) — transition to Enrichment & Recreation (as described above)
5:15-5:30pm — School bus departs at 5:30pm for those needed transportation home.
5:30-6:OOpm — Open recreation time for students with parent pick up by 6:OOpm (staffed by P&R).
GOOD HEALTHY FUN
62 12424 42nd Ave. S. • Tukwila, Washington 98168 • Phone: 206-768-2822 • Fax: 206-768-0524