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HomeMy WebLinkAboutCOW 2014-10-13 COMPLETE AGENDA PACKETc Age Tukwila City Council Agenda • COMMITTEE OF THE WHOLE • ❖ 0 Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson -9 David Cline, City Administrator + Allan Ekberg + Verna Seal De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller Monday, October 13, 2014, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. PROCLAMATION A proclamation recognizing October as "Domestic Violence Awareness Month." Pg.1 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 4. SPECIAL ISSUES a. A contract with Kirshenbaum and Goss for 2015 -2016 public defender services. b. An Interlocal Agreement with the Tukwila School District for after- school programming. c. A consultant agreement for the Tukwila 205 Levee Certification Project. d. An after - action report for the emergency declared due to IT infra- structure failure. e. Review of the 2015 -2016 Proposed Budget. Overview and department presentations. (60 -90 minutes) Please ri your Budget binder. Q Pg.3 Pg.19 Pg.37 Pg.67 Pg.109 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. parr ®a,r ®iin', ®eaaj +o-r ® ®� � .abrr ®a ®`r is a „oa a®j ®•o erg +� , ®!. r ®trine „',r ®$S %`raae °r ®': ®® ° ®a! 9'...P ®® ee as ® ` ar - fl iii A. ✓oy�r =Sa a e. ®® ®i ®e, ® I „ "" I, a� aiaa °er rr �e ®o. '�� a r,xaa anrarr t • � a e N � + s e r vr� .err r i �' o� � � i✓ � u o i6 „ li ... I II%' oR ° OlY Office of the Mayor City of Tukwila, Washington PROC TION WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, domestic violence is an intentional pattern of behavior that is used by one person as a means to harm and take power and control over another person in the context of a dating, family, roommate or caretaker relationship. Domestic violence is a serious and widespread social problem in our nation, with approximately one third of all female homicide victims being killed by an intimate partner; and WHEREAS, domestic violence is an epidemic affecting all communities, regardless of age, socioeconomic status, educational background, race, ethnicity, religion, national origin, ability, sexual orientation, or gender; and WHEREAS, 43% of the assaults occurring in Washington State in 2013 were domestic violence, and 1 in 4 women in the state will report being injured by domestic violence sometime in her lifetime and it has been estimated that every nine seconds a woman is beaten by her husband or boyfriend in this country with, in more than half those instances, children under the age of 12 are present; and WHEREAS, 35 people were murdered as a result of domestic violence in Washington State in 2013; and WHEREAS, the City of Tukwila is working to improve the overall response to and the reduction of domestic violence in our region with awareness to the cultural differences in our community while still enforcing the law; NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, in honor of the woman, children and men who are or have been victims, do hereby proclaim the month of October, 2014 to be Domestic Violence Awareness Month in the City of Tukwila, and encourage everyone in our community to take an active role in supporting all victims so they can lead healthy lives safe from violent and abusive behavior. Signed this 13” day of October, 2014. n, Mayor ®r�r treeam ®rrnrr r ��® a�pa r °i 2 COUNCIL AGENDA SYNOPSIS ------------ -------- ------- Imliaie Meeting Dale Prepared by Mayorf reyiew 10/20/14 CT Council reyiew ITEM INFORMATION ITEM No. 4.A. 3 STAFF SP( >NSUR: DAVID CLINE ORIGINAL AGF,NDA DATE: 10/20/14 AcikNDA ITIN TITI,F; Kirshenbaum & Goss, Inc. P.S. Contract for Public Defense Services CxrkGoRy I I Diccussion AN Date Motion Dale 10/20/ 4 E Resolution Altg D ale _ Ordinance A kg Dale Bid /fivard Ali Date Public Heariug Altg Dale • Other Aug Date ' Allg SPONSOR — Council HR DCD j I 'inance Fire IT P&R Police Mayor SPONSOR'S This agreement covers public defender services for indigent criminal defendants who SummARy qualify for appointment of counsel. The existing agreement expires December 31, 2014. The new agreement is effective January 1, 2015 through December 31, 2016. In order to comply with State mandated public defense standards that are effective January 1, 2015 costs have increased significantly. This agreement requires Council approval prior to the Mayor's signature. RIw11,:\VED HY [_ COW Mtg. _ CA&P Cmte [1] Utilities Cmte _ Arts Comm. DATE: 10/07/ 2014 K. '' : Cmtc Comm. CHAIR: SEAL Transportation Crnte L Parks COMMITTEE • Planning Comm. RECOMMENDATIONS: SPoNsoR/ADmiN. COMMVITM Mayor's Office Unanimous Approval; Forward to Consent Agenda on 10/20/2014 COST IMPACT / FUND SOURCE ExPiAmitith; RH(.2tiliW1) AMOUNT BUDGETED APPROPRIATION REQUIRED $405,000 per year $405,000 per year Fund Source: 000.03.512.500.4 .00 C'omments: MTG. DATE RECORD OF COUNCIL ACTION 10/20/14 MTG. DATE ATTACHMENTS 10/20/14 Informational Memorandum from David Cline dated 09/24/ 14 Draft Agreement for 2015-2016 Minutes from the Finance and Safety Committee Meeting of 0/07/14 3 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U����������U� un�n-w�`��wmxm��m u��u�w~��� u�u��umu*�'no��n�����o�u Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator DATE: September 24, 2014 SUBJECT: Kirshenbaum & Goss, Inc. RS. Agreement ISSUE The current contract for public defender services provided by Kirshenbaum & Goss expires December 31, 2014. Attached is a proposed contract 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, 2015. 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, Wilbur v. Mt. Vernon also mandates significant changes to public defense programs. Some of the requirements 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 aen/ioes, 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 (CLE) 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 2O13-2O14 flat rate for public defender services was $13.25O per month (including $1.25O grant funds) and $100.00 per case for each case over 120 cases. In order to 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 that this 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 6 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: 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 7 8 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: 1. 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 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. 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 all 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 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 Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 3 of 10 9 10 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 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, to the extent permitted by law. 9. 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 identity, marital status, political affiliation or the presence of any sensory, mental or physical disability in the selection and retention of employees or procurement 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 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. 14. 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 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 11 12 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 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. Mt. 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 attorney /client privilege, 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 telephone number 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 him/her 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. Mt. 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 ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Contractor. Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 6 of 10 EXHIBIT A - SCOPE OF SERVICES (CONTINUED) H. 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. I. Reporting: Contractor agrees to submit the following 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 substantially the same form as that attached hereto as Exhibit D 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 falls 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. J. 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 &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 7 of 10 13 14 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. 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 1,1 A'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 flours) WDA WACDL Other Kirschenbautn&Goss 2015-2016 DRAFT & Goss, Inc. P.S. Page 9 of 10 15 16 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 CrR 3.1 /CrRLJ 3.1 /JuCR 9.2 The undersigned attorney hereby certifies: 1. Approximately % of my practice time is devoted to indigent defense cases for the City of Tukwila. Approximately % of my practice is devoted to indigent defense cases for the following jurisdictions: Approximately % of my practice is devoted to private practice. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and certify that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have 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. I will 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: I am familiar with the specific case qualifications in Standard 14.2, Sections B -K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. f. Training: I will attend seven (7) hours of criminal defense training approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training requirements each calendar year. Attorney, WSBA No. Date Kirschenbaum &Goss 2015 -2016 DRAFT & Goss, Inc. P.S. Page 10 of 10 Finance & Safety Committee Minutes October 7, 2014 - Page 2 D. Lease Agreement: Alliance One Staff is seeking Council approval of a lease agreement with Alliance One Management Receivables for a term of January 1, 2015 to December 31, 2016. Alliance One provides collection services and payment agreements for Municipal court fines and fees and has leased the space since 2009. This proposed agreement includes a 5% increase in the monthly rent, to $45.00 per month. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. E. Ordinance: Amending TMC 2.70.050, Public Defense Standards Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chapter 2.70.050 to remove the statement that the City shall adopt and implement a case - weighting system on or before January 1, 2015. Since that language was added to the Code in 2013, further analysis led staff to decide against adoption of a case weighting system. It was determined that such a system would result in no impact to staffing requirements yet would require significant administrative work. In addition, Washington Cities Insurance Authority has notified municipalities that they do not recommend adoption of a case weighting system. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. F. Contract: Public Defender Services - Kirshenbaum & Goss, Inc. Staff is seeking Council approval to enter into a contract with Kirshenbaum and Goss, Inc. P.S. for public defender services during the 2015 -2016 biennium. Public Defense Standards delineating the number of cases each attorney can handle per year and mandating that compensation include administrative and training costs were adopted by the Washington State Supreme Court and become effective January 1, 2015. The federal court decision Wilbur v. Mt. Vernon also mandates significant changes to public defense programs and Administration has taken steps to ensure the City is in compliance. In order for the City to be in compliance with the new standards and the Wilbur v. Mt. Vernon mandates, the proposed contract includes a flat rate of $32,600 per month and $200 per day for Attorney of the Day services, providing the City with three dedicated attorneys plus support staff. The City has applied for grant funding from the Office of Public Defense and staff expects to learn the result shortly. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 13, 2014 COMMITTEE OF THE WHOLE. G. Contract: Legal Services - Kenyon Disend, LLC Staff is seeking Council approval to enter into a contract with Kenyon Disend, LLC for City Attorney services during the 2015 -2016 biennium. Under the current and proposed contracts, general City Attorney services are provided at a flat monthly rate. Litigation, contested administrative proceedings and other special services are subject to prior approval and billed at the hourly rates of the contractor staff involved. The 2015 -2016 proposal increases the flat rate to $39,318 per month, representing an increase of approximately 6% to account for cost of living adjustments, increases in billing rates, and increased prosecution services. Councilmember Hougardy asked for an explanation of the decision to contract for services rather than move City Attorney duties in- house. City Administrator David Cline asserted that the City considers this a cost - effective strategy because the contract includes the varying expertise of all attorneys at Kenyon Disend. With an in -house City Attorney, municipalities still must occasionally seek outside special expertise at an additional cost. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. 17 18 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by IV! ayore review Canna" review 10/13/14 JT eAZ-- 10/13/14 10/20/14 JT Ordinance . . ,g Date Bit/Award Alt,g Date L Public Hearing Mt,gDate Other MtgDate (:A,11;x:;()Ry Dijcusion gDate A1g SPONSOR Council FIR — DC],) Finance Fire r IT pe7R Police LI PR7 ITEM INFORMATION ITEM No. 4.B. 19 STAFF SPONSOR: JOYCE TRANTINA RANA]. AGENDA DATE: 10/20/14 AGENDA ITEM TITLE Interlocal Services Agreement with the Tukwila School District for Afterschool Programming 10/13/14 Mo/ion Dale 10/20/14 Resolution .1gDale Ordinance . . ,g Date Bit/Award Alt,g Date L Public Hearing Mt,gDate Other MtgDate (:A,11;x:;()Ry Dijcusion gDate A1g SPONSOR Council FIR — DC],) Finance Fire r IT pe7R Police LI PR7 11 Mayor SPONSOR'S Interlocal Agreement (ILA) with the Tukwila School District to provide after school SUMMARY programming at the three elementary schools for October 2014 - June 2015 & September 2015 - June 2016. REVIE E BY COW Mtg. [ CA&P Cmte — Utilities Cmtc n Arts Comm. DATE: 10/07/ 2014 11 F&S Cmte LI "fransportation Cmtc Comm. E Planning Comm. CHAIR: SEAL Parks a MITFEE RECOMMENDATIONS: sPoNsoR/ADNIIN. CommITIEE Mayor's Office Unanimous Approval; Forward to Committee of he Whole COST IMPACT / FUND SOURCE ExpiNtirru H REu1RED AMOUNT BUDGETED APPROPRIATION REQUiRED $ $100,000 per year Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/13/ 14 MTG. DATE ATTACHMENTS 10/13/14 Informational Memorandum from Joyce Trantina dated 9/10/14 Draft Interlocal Agreement for 2015-2016 Minutes from the Finance and Safety Committee Meeting of 0/07/14 10/20/ 19 20 City of Tukwila . Jim Mayo; INFORMATIONAL MEMORANDUM TO: Mayor H Finance and Safety Committee FROM: Evie Boykan, Human Services Joyce Trantina, Mayors Office DATE: September 10, 2014 SUBJECT: Inter local Agreement for Afterschool Programming ISSUE Staff requests Council approva 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 - $130,000 annually to support 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 looked 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 proposal has previously been discussed at the following 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 22 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 staff 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 schoo 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 in 2015 the $100,000 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 previously allocated 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. W: \Jvyce\Afteoohou|Lsm1n-2m1 *14p|wALms 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:Woyce\Afte rschool I LA2015- 2016 \I nfoMemoafterschool I LA9- 10 -14F I N AL.doc 23 24 ,C) )-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 Inter local 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. 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. 25 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 be 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 26 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 BOARD /SEPARATE LEGAL ENTITY It is not intended that a separate legal entity be established to conduct this cooperative 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 budget 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 Agreement 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 27 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 Page 4 28 City Attorney DATE DATE Attest/Authenticated: City Clerk, Christy O'Flaherty DATE Rev. 2012 Page 5 29 W 0 Tukwila Afterschool Funding Worksheet (3 Elementary Schools) 2014 -15 School Year (in $) Sept Oct Nov Dec Project Funding Sources (Estimated) City of Tukwila - - Tukwila School District 4,500 20,488 20,488 20,488 TSD Transportation & Facility (in kind) - 10,000 10,000 10,000 Non - Public Funding (TBD) - Parks and Recreation Fees (some families) - 5,100 5,100 5,100 Total Revenue 4,500 35,588 35,588 35,588 Sept -Dec Total 65,964 30,000 15,300 Jan Feb Mar Apr May June 16,667 16,667 16,667 16,667 16,666 16,666 3,821 3,822 3,822 2,571 10,000 10,000 10,000 10,000 10,000 10,000 1,251 3,823 3,823 5,100 5,100 5,100 5,100 5,100 5,100 Jan -June Total 100,000 14,036 60,000 8,897 30,600 School Yeas T 00,000 0,000 90;000 ,,897 111,264 35,588 35,589 35,589 35,589 35,589 35,589 213,533 324,797 Project Provider Costs (Estimated) YMCA 4,500 14,737 14,737 14,737 Tukwila Parks and Recreation - 10,851 10,851 10,851 TSD Transportation & Facility (in kind) - 10,000 10,000 10,000 Total Costs 4,500 35,588 35,588 35,588 District Invoice to City (Estimated) Human Services Budget City Invoice to District (Estimated) Parks and Recreation Expenses Parks and Recreation Fees Estimated District Payments to City Estimated City Payments to District Updated: l0 /2/14 Subtotal 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 60,000 111,264 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) 17,253 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 5,751 5,751 5,751 5,751 5,751 5,751 34,506 5,751 5,751 5,751 17,253 17,253 10,916 10,916 10,916 10,916 10,915 10,915 65,494 65,4 Estimated Net Payment City to District: 48,241 m 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 tentative schedule: 3:15-3:30 — Snack 3:30-4:25 — 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-lt 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 (lead by 3 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 conferring/pull out 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 ]'S) — transition to Enrichment & Recreation (as described above) S:ZS'5:30pm— School bus departs atS:3Opm 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). City of Tukwila Jim Haggerton, Mayor Parks & Recreation Department Rick Still, Director MEMORANDUM TO: Mayor Haggerton Finance & Safety Committee FROM: Rick Still, Parks & Recreation Director ' Tracy Gallaway, Parks & Recreation Superintendent 17-15" 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 HEALTHY FUN 32 12424 42nd Ave. S. • Tukwila, Washington 98168 • Phone: 206-768-2822 • Fax: 206-768-0524 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 3:15-6:00pm 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. 5:30-6:00pm — Open recreation time for students with parent pick up by 6:00pm (staffed by P&R). GOO[) HEALTHY FUN 12424 42nd Ave. S. • Tukwila, Washington 98168 • Phone: 206-768-2822 • Fax: 206-768-0524 34 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes October 7, 2014 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie, Kathy Hougardy Staff: David Cline, Joyce Trantina, Cheryl Thompson, Evie Boykan, Vicky Carlsen, Tracy Gallaway, Laurel Humphrey Guests: Martin Turney, Tukwila School District; Nathan Phillips, YMCA; CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA Consensus existed to consider the interlocal agreement for afterschool programming as the first item of business. A. I nterlocal Agreement: Afterschool Programming Staff is seeking Council approval to enter into an interlocal agreement with the Tukwila School District that will clarify roles and responsibilities in the delivery of afterschool programming at the three elementary schools from September 2014 — June 2016. Programming will be offered in an integrated service model representing a collaboration between the Parks and Recreation Department and the YMCA, with in -kind services such as transportation and facilities provided by the District. This model will serve up to 85 students at each school five days per week. The City's ongoing annual commitment of $100,000 toward afterschool programming will be redirected to the School District starting in 2015. The additional costs to the Parks Department will be reimbursed by the School District, and this agreement represents no net financial impact to the City. Programming provided by Community Schools Collaboration at the middle and high school will continue through the end of 2014, and CSC is seeking grant funding to continue. Council will receive an annual update from CSC this fall. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 13, 2014 COMMITTEE OF THE WHOLE. B. Contract: Legislative Services — Ball Janik, LLC Staff is seeking Council approval to enter into a contract for federal representation and legislative services with Ball Janik, LLP through December 31, 2016. This represents a renewal of existing services at a monthly flat rate of $6,375 plus expenses, with the contract not to exceed $80,000 per year. This is approximately a 6.5% increase from the previous contract. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. C. Resolution: Cancelling Past Due Accounts Receivable Staff is seeking Council approval of the annual resolution that would declare the cancellation of uncollectible accounts receivable. The total for this year includes false alarm fees equaling $200.00, miscellaneous billings equaling $35,931.12, and NSF checks equaling $109.50 for a total of $36,240.62. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA. 35 36 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/13/14 BG E Motion Mtg Date 10/20/14 Eij Resolution Ally Date 10/20/14 BG r Public Hearing Mtg Date Ei Other Alit Date Mtg Date SPONSOR :ouncii Mqyor E HR DCD MI Finance E Fire U IT P&R U Police I P117 SPONSOR'S This consultant contract is for the Tukwila 205 Levee Certification. Three firms submitted SUMMARY Requests for Qualifications that were advertised on June 5 and 12, 2014. Two firms were interviewed and Northwest Hydraulic Consultants ranked the highest. The contract is for Phase 1 - Engineering and Improvement Identification for the Tukwila 205 Levee. Council is being asked to approve the consultant agreement with Northwest Hydraulic Consultants in the amount of $447,711.00. REVIEWED BY E COW Mtg. El CA&P Cmte E F&S Cmte I- Transportation Cmte Z Utilities Cmte E Arts Comm. Parks Comm. Planning Comm. DATE: 10/06/14 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPoNsoR/ADmIN. CommriTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM No. 4.C. 37 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/13/14 AGENDA ITEM THLF Tukwila 205 Levee Certification Consultant Selection and Agreement with Northwest Hydraulic Consultants CATEGORY Discussion 10/13/14 E Motion Mtg Date 10/20/14 Eij Resolution Ally Date 0 Ordinance M tq Date Bid Award Mtg Date r Public Hearing Mtg Date Ei Other Alit Date Mtg Date SPONSOR :ouncii Mqyor E HR DCD MI Finance E Fire U IT P&R U Police I P117 SPONSOR'S This consultant contract is for the Tukwila 205 Levee Certification. Three firms submitted SUMMARY Requests for Qualifications that were advertised on June 5 and 12, 2014. Two firms were interviewed and Northwest Hydraulic Consultants ranked the highest. The contract is for Phase 1 - Engineering and Improvement Identification for the Tukwila 205 Levee. Council is being asked to approve the consultant agreement with Northwest Hydraulic Consultants in the amount of $447,711.00. REVIEWED BY E COW Mtg. El CA&P Cmte E F&S Cmte I- Transportation Cmte Z Utilities Cmte E Arts Comm. Parks Comm. Planning Comm. DATE: 10/06/14 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPoNsoR/ADmIN. CommriTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURI.: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $447,711.00 $450,000.00 $0.00 Fund Source: 412 SURFACE WATER (PAGE 90, PROPOSED 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/13/14 10/20/14 MTG. DATE ATTACHMENTS 10/13/14 Informational Memorandum dated 10/03/14 (revised after 10/6 UC) Scoring Matrix Page 90, Proposed 2015 CIP and new CIP sheet Consultant Agreement Minutes from the Utilities Committee meeting of 10/06/14 37 38 TO: FROM: By: . Jim Haggerton, ��o/ INFORMATIONAL MEMORANDUM DATE: Mayor Haggerton Utilities Committee Bob Giberson, Public Works Director., Ryan Larson, Senior Program Manager October 3, 2014 SUBJECT: Tukwila 205 Levee Certification City Project No. 91341203 Consultant Selection and Agreement (revised after 10/6 UC meeting) ISSUE Approve a Consultant Agreement with Northwest Hydraulic Consultants, Inc. (NHC) to provide levee certification services for the Tukwila 205 Levee Project. BACKGROUND The Tukwila 205 Levee is located on the left bank of the Green River between S 196th St and 1-405 and provides flood protection to the Tukwila Urban Center. The Army Corps of Engineers (Corps), under an agreement with the City, upgraded the levee system in 1991 and included it as part of their federal levee system. The Corps had been providing a letter of levee certification as needed to certify that the levee met their minimum design standards. In July of 2012, the Corps notified the City that due to a change in their policy, they would no longer provide levee certification for this or any federal levee and that the current levee certification would expire in August of 2013. ANALYSIS Levee certification is critical because it provides documentation that the levee meets minimum federal standards and allows FEMA to map the protected area as outside of the 100-year floodplain. To obtain certification, the City must demonstrate through an engineering study that the levee meets minimum federal standards. Only a few consultant firms have the expertise to provide this service. A Request for Qualifications was advertised on June 5 and 12, 2014 with response from three firms. The qualifications were reviewed and two firms, NHC and Tetra Tech, were selected for interviews and further consideration. NHC was selected as the firm that best met the requirements for this type of project. NHC has performed certification work for the City of Kent and has completed flow modeling for both the City of Tukwila and King County Flood District. Staff met with the proposed project manager and developed a scope of work which includes the following four phases: Phase 1 — Engineering and Improvement Identification; Phase 2 — Alternative Analysis and Small Scale Improvements; Phase 3 — Large Scale Improvements; and Phase 4 — Certification Submittal. Only Phase 1 work is included in this contract. BUDGET SUMMARY This project will be funded through the 412 Surface Water Fund. Cost Budget Northwest Hydraulics $447.711.UO $ 450,000.00 RECOMMENDATION Council is being asked to approve the contract in the amount of $447.711.00 with Northwest Hydraulic Consultants to perform Phase 1 of the Tukwila 205 Levee Certification Project and consider this item at the October 13, 2014 Committee of the Whole and the October 20, 2014 Regular Meeting. Attachments: Scoring Matrix Page 90, Proposed 2015 CIP and new proposed CIP Sheet Consultant Agreement W:vPWsng \PROJECTS\A- \T"kwila 205\205 Certification (91341203)\ Info NHC'sb.do" 40 Tukwila 205 Levee Certification o,% Relevant Project Experience of Key Personnel with levee certification projects (0 -30) 25 23 20 Approach to Project (0 -25) 22 19 20 Ability to keep project on schedule and within Budget (0 -20) 15 15 15 Team's Construction Engineering Capability and Experience with Levee Project (0 -15) 15 14 12 Project Team Availability Including Manpower Schedule of Key Team Members (0 -10) 8 8 7 Firm's Experience with Levee Certification /Construction Project (0- 10) 9 7 8 Other: (Reviewer Defined +/- Points with Reason) ( +/- 10) TOTALS (Highest Total Score is best) 94 86 82 Firm Rank (1 - 3, Lowest = Best) 1 2 3 Reviewers: Scott Moore, Dave Sorensen, Ryan Larson W: \PW Eng \PROJECTS\A- DR Projects \Tukwila 205\205 Certification (91341203) \Proposal Rating.xls PROJECT: DESCRIPTION: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 Tukwila 205 Levee Certification Obtain levee certification for the Tukwila 205 Levee. Project No 91341203 The US Army Corps of Engineers no federally authorized JUSTIFICATION: levees. The existing certification expired in Ali ;e1,iiication is required for the Federal Emergency Management Agf"- ' o ee system as providing a 100 year level of flood protection. STATUS: MAINT|MPACT: Consultant hired in2014 for Ph'se I that includes an initial study and identification of levee deficiencies. Certification process is expected to lead to additional levee repair projects that are required to meet the certification criteria. Certification is valid for a 10-year period, The initial phase of the oertifioadonprocess will determine needed repairs and cost estimates. Costs COMMENT: listed in 2016 through 2018 are estimates for potential repairs that would be grant dependent. King County Flood Control District's Opportunity Grant Program currently has $63k per year. FINANCIAL Through Estimated (in $00 's 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Certification Phase I 450 450 Design 120 700 150 970 Const. Mgmt. 30 750 780 Construction 200 5.000 5.200 TOTAL EXPENSES 0 0 570 930 5.900 0 0 0 0 7.400 FUND SOURCES King County Flood Con Control 80 63 63 63 63 63 63 63 531 Proposed Grants 5.900 5.900 Mitigation Actual O Mitigation Expected 0 Utility Revenue 0 (90) 507 867 (65) (63) (63) (68) (63) 969 TOTAL SOURCES 0 0 570 930 5.900 0 0 0 0 7,400 Project Location: Entire System m 42 m15-202D Capital Improvement Program 90 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 3015 to 2020 PROJECT: Tukwila 205 Levee Certification DESCRIPTION: Obtain levee certification for the Tukwila 205 Levee. Project No. 91341203 The US Army Corps of Engineers no longer provides levee certification services to federally authorized |ovaes�The ox�tingce��uahonexpi�din August of2O13 Ce��cahonis�quimd for the Federal JUSTIFICATION: 2013. Emergency Management Agency to accreditate the levee system as providing a 100-year level of flood protection. STATUS: Existing levee certification expired in August 2013. Consultant hired in 2014. Certification process is expected to lead to additional levee repair projects that are required Vm meet the MAJNT.|MPACT� � certification criteria. Only consultant costs for levee certification are shown. Additional construction costs may be required. COMMENT: Certification is valid for a 10-year period. King County Flood Control District's Opportunity Grant program with $45,000 per year will offset costs. FINANCIAL Through Estimated in $000's 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Design 50 400 450 Land (RAN) 0 ConmtKiQmL 0 Construction 0 TOTAL EXPENSES V 50 400 0 0 0 0 0 0 450 FUND SOURCES King County Flood Control 90 45 45 45 45 45 45 45 405 Proposed Grant 0 Mitigation Actual 0 Mitigation Expecte 0 Utility Revenue 0 (40) 355 (45) (45) (45) (45) (45) (45) 45 TOTAL SOURCES 0 50 400 0 0 0 0 0 0 450 Project Location: Entire System 2n/n'aozo Capital Improvement Program 90 44 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Northwest Hydraulic Consultants Inc. hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform professional engineering services in connection with the project titled "Tukwila 205 Levee Certification ". 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 30, 2016, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 30, 2015 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $447,711 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 45 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, to the extent arising out of or resulting from the acts, errors or omissions of the Consultant in 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant'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. 8. Insurance. The Consultant 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 Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at Iaw or in equity. A. Minimum Amounts and Scope of Insurance. Consultant 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. CA revised : 1 -2013 46 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant'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 Consultant's insurance and shall not be contributed or combined 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. Consultant 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 Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant 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 Consultant 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 Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 Page 3 47 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, 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. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant 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. 16. 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. 48 CA revised : 1 -2013 Page 4 17. 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 Consultant shall be sent to the following address: Northwest Hydraulic Consultants Inc. Attention: Todd Bennett 16300 Christensen Road, Suite 350 Tukwila, WA 98188 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this day of , 20 CITY OF TUKWILA Mayor, Jim Haggerton CONSULTANT Printed Name: Todd H. Bennett Title: Principal /Branch Manager Attest /Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1 -2013 Page 5 49 50 nhc EXHIBIT A 16300 Christensen Rd., Ste. 350 I Seattle, WA 98188 I 206.241.6000 I www.nhcweb.com northwest hydraulic consultants TUKWILA 205 LEVEE CERTIFICATION SCOPE OF WORK Prepared by Northwest Hydraulic Consultants Inc. for the City of Tukwila Department of Public Works September 30, 2014 OVERVIEW The City of Tukwila (City) Department of Public Works has selected Northwest Hydraulic Consultants Inc. (NHC), with their subconsultants, AMEC Environment and Infrastructure, Inc. (AMEC) and KPG, to provide professional engineering consulting services to evaluate and certify the Tukwila 205 Levee in accordance with FEMA requirements (44 CFR Section 65.10). The 4.6 mile long levee is located on the left bank of the Green River between 1 -405 and South 196th Street including the cutoff levee to Southcenter Parkway. The engineering services generally consist of researching records, conducting inspections, performing structural, geotechnical, seismic, and hydraulic analyses, preparing detailed reports of the current levee system, providing an analysis and report of needed improvements, and working with the City to provide engineering plans, specifications, and cost estimates for the improvements. Work may include engineering services during construction for any required improvements, such as construction inspection and change management support under the direction of the City's project manager. Once the levee is deemed certifiable, work will include providing the necessary reports and documentation certifying that the levee provides protection from the base (1% annual chance) flood in accordance with FEMA guidelines. This is a multi -phase project; "Phase 1— Engineering Analyses and Improvement Identification" will collect data, perform analyses required under 44 CFR 65.10, and identify deficiencies. In "Phase 2 - Alternatives Analysis and Small Scale Improvements ", any necessary improvements will begin to be addressed. Documentation and administrative deficiency issues regarding the levee certification will be dealt with as they are identified. Physical improvements identified during the various technical analyses will require a different approach. Physical improvements with simple fixes will go immediately to a design stage while more complex fixes will go through alternatives analysis. These complex fixes will then move into permitting, design, and construction in "Phase 3 - Large Scale Improvements ". "Phase 4 - Certification Submittal" will provide the documentation necessary to certify the Tukwila Levee. The basis for the documentation will be the existing Corps approved manual but will also adopt other recent policies and procedures, if appropriate, such as those from King County's ongoing System -Wide Improvement Framework (SWIF) assessment for the Green River. For the first phase, the tasks are well defined and a cost estimate is provided in this Scope of Work. Descriptions for later phases are also included to put the entire levee certification project in context. After completion of Phase 1, and once any improvement needs are identified, the specific task work to be completed in Phases 2 through 4 will be refined and a cost estimate to complete this work prepared. water resource specialists PHASE 1- ENGINEERING ANALYSES AND IMPROVEMENT IDENTIFICATION The following Scope of Work (SOW) for Phase 1 defines the tasks to complete the engineering analyses to certify the Tukwila 205 Levee in accordance with FEMA requirements (44 CFR Section 65.10) and identify any physical improvements necessary to certify the levee. Specific assignments and deliverables have been listed for each task, including who is responsible for certifying compliance with each section of 65.10. TASK 1. DATA REVIEW NHC has much of the key information that will be reviewed at the start of the project. This includes the 2010 and 2013 levee inspection reports, geotechnical reports, as -built drawings, repair plans, and the City stormwater GIS database. Overall, the project benefits from having excellent documentation. NHC created and has in -hand all the hydraulic models needed. Additional information will be sought from the City, King County, and the Corps of Engineers. Team members will attend a data discovery meeting with the City to discuss known data and how this information will be obtained if the project team does not already have it in -hand. The consultant team will review existing data to refine system understanding and look for opportunities to leverage previously collected data. Existing documents to be reviewed include: • Existing bathymetric and topographic data • Existing levee surveys • 2010 and 2013 levee inspection reports • Levee as -built drawings and any repair plans • Historical information (as- builts and design alternations) on nearby site development • Previous flood fighting information • Discussions with persons having first -hand experience observing any physical levee performance deficiencies • Utility crossing records • Geologic reports, boring logs, groundwater data, and lab testing data • City stormwater GIS database • Levee Operations & Maintenance manuals. This task will also include documenting with the City that there are no structural closure devices within the levee and therefore, CFR 65.10.b.2 "Closures" does not need to be addressed as part of the levee certification. ASSIGNMENTS NHC, AMEC, KPG: Collect and review data, and provide list of additional data needs. Attend data discovery meeting. City: Assist in providing additional data needs and interagency coordination. NHC and City: Certify that there are no structural closures in the levee system. DELIVERABLES • List of documents and data reviewed to be included in the reference section of project documentation. • List of additional data needs, as needed. • Text documenting that there are no structural closures within the levee system. Page 2 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 51 TASK 2. SITE RECONNAISSANCE AND FIELD DATA COLLECTION SITE RECONNAISSANCE Site reconnaissance will include both land and boat based work. Boat work will be done in late summer low flow conditions. Upper bank reconnaissance will occur in late 2014 when leaf -off conditions are reached and visibility in dense brush is better. Ideally this would also coincide with a levee mowing prior to the reconnaissance work. The levee inspection will include observing and recording: • Characterization of bank conditions including material and vegetation cover • Evidence of bank erosion and seepage (e.g., sand boils, soil piping, or gullies) • Evidence of settlement or instability (e.g., slides, slumps, and tension cracks) • Evidence of burrowing rodent activity • Ruts or ponded water along top of levee or other access roads • Conditions at active or abandoned utility crossings • Conditions where existing embankment is known to be substandard based on findings from the Data Review Task • Field checks of the operational condition for stormwater outfalls identified in the City's GIS database of existing culverts ( "levee penetrations "). Mowing required for inspection needs will be coordinated with the City. The City will indicate whether mowing shall be accomplished with City crews or not. An allowance is included in the cost estimate for contracted mowing. The City will be responsible for any trail closures, permits, and notifications required for mowing activities. After the field reconnaissance, documentation will be prepared summarizing the findings. TOPOGRAPHIC SURVEY A partial topographic survey will occur once existing as -built and topographic mapping are reviewed. KPG will survey a new levee crest profile following the riverside top of the levee as well as up to twenty cross sections, from riverward toe to landward toe. Other items for KPG to survey include horizontal locations of piers and abutments at the upstream bridge face, vertical location of low bridge chord, geotechnical boring locations, and marking stations at 100 to 200 foot spacing along the profile. Utility crossing locations and culvert outfalls will be shown based on available GIS data rather than survey for Phase 1. It is anticipated that NHC or AMEC will identify additional items that will require survey locates to complete Phase 1. As the scope of these items is uncertain, an allowance of forty hours of survey crew time and associated processing time has been allocated for these other items. NHC will supplement the bathymetric survey it has already conducted in the reach by collecting additional data focused along the left bank of the river using its jet boat and integrated GPS -depth sounder. Survey needs for specific design needs (Phases 2 and 3) are not included in this task. This task assumes that right of entry along the levee will be obtained by the City and that there will be no traffic control needs. GEOTECHNICAL EXPLORATIONS An estimated additional eighteen borings are needed to provide data for completing analyses required under 44 CFR 65.10. The boring locations will be selected based on the results of site reconnaissance. AMEC will prepare an exploration plan describing proposed boring locations, to coordinate any trail closures or vegetation clearing with the City. AMEC will direct the drilling and related lab testing. Before drilling, AMEC will contact the One -Call Utility Notification Center to mark any underground utilities at each exploration location, but additional assistance from the City might be needed to identify all known underground utilities, based on available City maps. AMEC will also retain the services of a private utility locating company for one day to check the proposed drilling locations for utilities not Page 3 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 52 marked by the One -Call service. KPG will survey the locations of the borings and provide Northing, Easting and elevation for each on the project datum. ASSIGNMENTS NHC: Collect bathymetric data at levee toe for scour assessments. Conduct site reconnaissance. Document any observed scour conditions. AMEC: Conduct site reconnaissance jointly with NHC. Document existing levee conditions including levee inspection observations noted in the bulleted list within the task description. Determine locations for additional geotechnical borings and coordinate with City. Direct drilling and lab testing. KPG: Topographic survey. City: Coordination, as needed, for trail closures and any permits and notifications required for mowing activities prior to field reconnaissance. Provide available mapping of subsurface structures and /or utility locations. DELIVERABLES • Notes from field reconnaissance. • Survey data. • Geotechnical exploration plan (results of drilling and testing provided under Task 5). TASK 3. FREEBOARD ANALYSIS CFR 65.10.b.1 requires at least three feet of freeboard above the 100 -year flood for levee accreditation. NHC will use the existing HEC -RAS model developed previously by NHC for the FEMA study to evaluate river hydraulics including freeboard. NHC collected high water marks in the winter of 2014 and will verify the model accuracy with these data. The HEC -RAS model 100 -year water surface will then be compared to the levee survey (conducted during the Site Reconnaissance and Field Data Collection task) to determine the amount of freeboard. Any identified settlement issues (from Task 6) will be taken into account in evaluating freeboard. If existing freeboard is insufficient, but greater than 2', a variance may be obtained. The variance must be based on a risk based analysis approach addressing water level uncertainty. If needed, a risk analysis will be conducted, based on prior NHC work conducted for the City of Kent, in a later phase of the project. Any segments of levee not meeting 2' freeboard or reliability targets will be identified and targeted for design and construction of modifications (and addressed in later phases of the project). ASSIGNMENTS NHC: Validate existing hydraulic model and evaluate freeboard. Identify any improvement needs and certify freeboard requirements are met. AMEC: No assignments under this task. KPG: No assignments under this task. City: No assignments under this task. DELIVERABLES • Documentation of the freeboard analysis and identification of any freeboard deficiencies. Page 4 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 53 TASK 4. EMBANKMENT PROTECTION ANALYSIS Certification is required to show the embankment surface will sufficiently protect the levee from scour and erosion (CFR 65.10.b.3). The adequacy of embankment protection will be informed in part by the Data Review and Site Reconnaissance and Field Data Collection tasks, as -built drawings, a boat -based low flow survey in late summer to inspect the levee toe condition, and field visits. NHC will determine bank velocities and bed scour potential along the Green River during the base 100 -year flood using the existing RAS model and information already developed by NHC during work for the City of Kent on their levee system. The existing levee system demonstrates that vegetation provides sufficient protection above the ordinary high water (OHW) line. The design plans and levee inspections also indicate that there is a layer of riprap below accreted soil in many locations, providing an additional factor of safety. Below the OHW, the native soils cannot resist erosive forces and must be protected. In addition to surficial erosion, general, contraction, and bend scour can erode the levee toe. NHC will evaluate the potential scour against the existing toe protection to determine if improvements are required. Design and construction services for any embankment protection features will be conducted in a later phase of the project. ASSIGNMENTS NHC: Hydraulic modeling to determine velocities and scour. Evaluate adequacy of existing embankment protection to resist scour and erosion. Identify any deficiencies. AMEC: No assignments under this task. KPG: No assignments under this task. City: No assignments under this task. DELIVERABLES • Documentation of embankment protection evaluation to be incorporated into project report. • Certification that levee meets embankment protection requirements or identification of deficiencies. TASK 5. EMBANKMENT AND FOUNDATION STABILITY ANALYSIS For the embankment and foundation stability analysis, up to ten representative cross sections will be established along the levee. Cross section survey data from the FEMA Flood Insurance Study and 2013 LiDAR will be used as a first cut in characterizing bank slopes for the geotechnical analysis. These representative cross sections will be analyzed for slope stability using the Corps of Engineers Levee Design Manual scenarios of end of construction, full pool, sudden drawdown, and earthquake loading. Seepage potential and seismic stability will also be evaluated. NHC will develop hydrographs for flooding duration and maximum drawdown rate. AMEC will then use these data, in combination with the future scour potential determined by NHC in Task 4, for the stability analysis. The analyses will leverage existing data to the greatest extent possible. As addressed in the Data Review and Site Reconnaissance and Field Data Collection tasks, the previous borings and as -built information will be reviewed, as well as subsequent survey and other documentation, and a site visit will occur to confirm and document existing conditions including field checks of stormwater outfall operational condition. The analyses will be supplemented by additional drilling and lab testing conducted under Task 2. Page 5 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 54 Initial stability and seepage analyses will be conducted to identify cross sections that are certifiable, and sections that are not certifiable. Design and construction services for any embankment and foundation stability improvements will be conducted in a later phase of the project. ASSIGNMENTS NHC: Develop and provide hydraulic data needed for the stability analysis. AMEC: Conduct initial slope and seismic stability, and seepage potential analyses, using collected data. Draft text summarizing analysis to be incorporated into project report. Certify levee stability is sufficient or identify deficiencies. Provide recommendations for further studies for marginally stable areas, if required. KPG: No assignments under this task. City: No assignments under this task. DELIVERABLES • Draft documentation on embankment and foundation stability analysis to be incorporated into project report. • Certification that levee meets embankment and foundation stability protection requirements or identified deficiencies. TASK 6. SETTLEMENT ANALYSIS The amount and distribution of settlement that has occurred since construction will be determined by working with the survey data, coupled with existing and new boring and lab data (see Data Review and Site Reconnaissance and Field Data Collection tasks). Both settlement due to long -term consolidation and liquefaction will be evaluated. This will predict future settlement and where new fill might be needed to obtain sufficient freeboard. The settlement analysis is required under CFR 65.10.b.5 and informs, in part, the freeboard assessment (Task 3). ASSIGNMENTS NHC: No assignments under this task. AMEC: Analyze settlement and prepare draft documentation to be incorporated into the project report. KPG: No assignments under this task. City: No assignments under this task. DELIVERABLES • Draft documentation on settlement analysis to be incorporated into project report. TASK 7. INTERIOR DRAINAGE ANALYSIS An interior drainage analysis (IDA) is necessary to evaluate flooding sources and potential ponding stages on the landward side of the levee (CFR 65.10.b.6). The Corps does not consider any of the pump stations or stormwater system other than the outfalls to be part of the project, so data for this task will come from City and County sources. The same approach will be used that has been accepted by FEMA reviewers on four City of Kent levees. An HSPF hydrologic model will be developed and used to simulate a long -term time series of local runoff within the area protected by the levee. The major drainage components of the City's stormwater system, and all stormwater pump and gravity drain outfalls to the Green River, will be determined from City GIS databases and records. The stormwater system will be added to a modified version of the FIS Page 6 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 55 HEC -RAS model and the model run for a 60 year period. From this long -term record, which accounts for the joint probabilities of high river flows and high local runoff as required by FEMA, stage frequency curves will be extracted to determine 100 -year ponding elevations on the landward side of the levee and these values compared to the effective FEMA elevations. If the IDA identifies 100 -year flood hazards that are higher than those identified by the FEMA study, then revisions will need to be made to the effective FEMA maps in a later phase of the project and the results submitted to FEMA, potentially in the form of a Conditional Letter of Map Revision (addressed in Phase 4). ASSIGNMENTS NHC: Conduct interior drainage assessment. AMEC: No assignments under this task. KPG: No assignments under this task. City: Provide pump station and drainage system information. DELIVERABLES • Documentation on interior drainage assessment to be incorporated into project report. TASK 8. IMPROVEMENT NEEDS SUMMARY Improvements necessary to certify the levee will be summarized, classified as to whether they are small, simple corrections or larger, complex construction projects, and cost estimates to complete project design and provide construction services will be prepared. A work plan will be devised in concert with the City for the next steps of certifying the levee and include adding additional detail to the SOW for later phases of the project. Team members will discuss this summary in a meeting with the City. ASSIGNMENTS NHC, AMEC, KPG, and City: Attend Phase 1 summary meeting. DELIVERABLES • Memorandum describing improvement needs, recommended approach, and cost estimates. COST ESTIMATE The total estimated cost to complete Phase 1 is $447,711 as detailed in Exhibit B "Cost Estimate 9/23/2014 ". PHASE 2 - ALTERNATIVES ANALYSIS AND SMALL SCALE IMPROVEMENTS Phase 2 will address identified simple, small scale fixes that can be designed and constructed as soon as possible, and conduct the alternatives analyses for large, complex improvements. Small scale fixes include those projects where the design is obvious and no permitting is required. Phase 3 will address design, permitting, and construction of large, complex improvements. The Phase 2 SOW will be refined at the completion of Phase 1 and then a Phase 2 cost estimate prepared and submitted to the City. TASK 9. CIVIL DESIGN AND CONSTRUCTION SUPPORT— SMALL SCALE The project team will provide the City a proposed course of action for each small scale fix. KPG will lead development of plans, specifications, and estimates to allow the City to let the projects to bid. KPG will then engage in construction management of the project. Meetings will be held as needed. Page 7 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 56 ASSIGNMENTS NHC: Provide hydraulic support as needed. AMEC: Provide geotechnical support as needed. KPG: Engineering design and construction management for small scale, simple capital projects. City: Provide assistance as needed. DELIVERABLES • Documentation as required to address deficiencies. TASK 10. ALTERNATIVES ANALYSIS — LARGE SCALE PROJECTS Phase 1 may identify required projects that are of a larger and more complex scale. The most likely sources will be projects that require in -water work and consequent permitting issues, and levee improvements required to address deep seated failure risk through the use of sheet pile walls or other complex alternatives. For these larger projects, an initial alternatives assessment will be conducted by the consultant team. Up to three alternatives will be assessed for each project using objectives and performance metrics developed in conjunction with the City. A recommended alternative will be selected and presented to the City for approval prior to beginning Phase 3 work. ASSIGNMENTS NHC: Lead alternatives analysis. Develop alternatives. Provide hydraulic support as needed. AMEC: Assist with developing alternatives. Provide geotechnical support as needed. KPG: Assist with developing alternatives. Preliminary cost estimates. City: Provide input on alternatives assessment metrics. DELIVERABLES • Alternatives Assessment memorandum for each large scale project documenting the process, selection criteria, and preferred alternative. PHASE 3 - LARGE SCALE IMPROVEMENTS Phase 3 will provide civil design and construction support of the preferred design determined in Phase 2 for large scale, complex physical deficiencies. Meetings will be held as needed. The SOW for Phase 3 will be refined at the completion of Phase 1 and a cost estimate prepared. TASK 11. CIVIL DESIGN AND CONSTRUCTION SUPPORT — LARGE SCALE KPG will take the lead on plans, specifications, and engineering to develop and resolve deficiencies. NHC and AMEC will provide specifications and direction on key hydraulic and geotechnical design features. KPG will provide construction management services for the projects. ASSIGNMENTS NHC: Provide hydraulic technical input based on work completed in prior tasks. AMEC: Provide geotechnical technical input based on work completed in prior tasks. KPG: Lead efforts for construction of physical deficiency corrections including creating PSE and providing construction support. City: Provide assistance as needed. Page 8 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 57 DELIVERABLES • Full PSE packages suitable for bid letting. Construction management documentation as required. TASK 12. ENVIRONMENTAL /PERMITTING Capital improvements required to address deficiencies will likely require permits to be obtained. If work is required on the riverward side of the levee, federal permits triggering ESA consultations may be required. AMEC will provide permitting support for any required capital projects if requested by the City. ASSIGNMENTS NHC: Hydraulics support for permitting. AMEC: Provide permitting support as needed for the project. KPG: Civil design support for permitting. City: No assignments under this task. DELIVERABLES • Permit submittal packages as required to meet environmental /permitting needs. PHASE 4 - CERTIFICATION SUBMITTAL Once all deficiencies have been identified and corrected, the Tukwila Levee Certification report will be prepared for submittal. The SOW for Phase 4 will be refined at the completion of Phase 1 and a cost estimate prepared. TASK 13. OPERATIONS PLANS AND CRITERIA DOCUMENTATION An Operations and Maintenance (O &M) manual meeting FEMA requirements for the levee (CFR 65.10.c) will be created, primarily by combining existing manuals. The basis of the manual will be the existing Corps approved manual but will also adopt other recent policies and procedures, if appropriate, such as those from the ongoing King County SWIF process (on which NHC is part of the consultant project team). Additions may be necessary where other infrastructure, particularly bridge embankments, serve as part of the levee system, but are not considered by the Corps as part of their project, and hence are not addressed in the existing manual. The O &M manual must also address the stormwater system that provides interior drainage for the City; therefore, all the City's pump stations will need to be addressed. FEMA requires clear ownership of the levee system be demonstrated. As WSDOT owned 1 -405 bridge embankment is high ground and the downstream tie -in, an inter - jurisdictional agreement will need to be made between the City and WSDOT. Kent and WSDOT have recently determined a method to address the issue within the City of Kent and we expect the same process to be followed. This task will be required to be led by the City but the consultant team will provide the technical materials needed. ASSIGNMENTS NHC: Prepare documentation, including references to existing manuals, to meet CFR 65.10.c requirements. AMEC: Assist with document preparation. KPG: No assignments under this task. Page 9 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 58 City: Assist with providing existing O &M manuals. Lead inter - jurisdictional agreement at downstream tie -in to high ground. DELIVERABLES • Draft and final versions of O &M report. • Technical materials for inter - jurisdictional agreement at downstream tie -in. TASK 14. REFINE ENGINEERING ANALYSES Engineering analyses conducted in Phase 1 may need to be refined to reflect any constructed levee improvements and demonstrate that the levee meets certification requirements. The project team will revise the Phase 1 analyses, as needed, and update the documentation for the levee certification. ASSIGNMENTS NHC, AMEC, KPG: Revise Phase 1 engineering analyses, as needed. DELIVERABLES • Final documentation of engineering analyses. TASK 15. PROJECT DOCUMENTATION SUBMITTAL AND REVIEW Once all technical analyses are complete and any deficiencies addressed, a certification report package will be prepared. NHC will take the lead in preparing this document and combining reports, as -built plans, and other files required. The certification document will be combined with some certifications from the City related to the O &M manual into a final report and submitted to FEMA. The project team will address review comments provided by FEMA. Whether the project report is submitted as a CLOMR through STARR, FEMA's consultant, or directly through local FEMA Region X for review will be determined during the project. NHC will engage FEMA Region X early in the project to determine which of these paths is most likely. ASSIGNMENTS NHC: Prepare submittal package, to meet CFR 65.10.c requirements. AMEC: Assist with document preparation. KPG: Assist with document preparation. City: Assist with document preparation, including providing required City signatures and formal authorizations. DELIVERABLES • Draft project documentation. • Final project documentation. Page 10 of 11 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works 59 SCHEDULE` A tentative schedule is shown below. Timing beyond Phase 1 will depend heavily on the number and complexity of any levee certification deficiencies. Phase 1 work will begin immediately so that any levee improvement needs are identified as soon as possible. The goal is that simple construction projects for small improvements can be built quickly, with the larger, more complex projects for addressing deficiencies built in the summer/early fall of 2016. Once all improvements have been addressed, documentation for certification will be prepared with a planned submittal to FEMA for their review at the end of calendar year 2016. PHASE 1 Task 1. Data Review Task 2. Site Reconnaissance and Field Data Collection Task 3. Freeboard Analysis Task 4. Embankment Prot cuon Analysis Tasks Embankment and Foundation Stability Analysis Task 6. Settlement Analysis Task 7. Interior Drainage Analysis Task 8. Improvement Needs Summary PHASE 2 Task 9. Civil Design and Construction Support - Small Scale Task 10. Alternatives Analysis Large Scale PHASE 3 Task 11. Civil Design and Construction Su *port - Large Scale Task 12. Environmental/Permitting PHASE 4 Task 13. Operations Plans and Criteria Documentation Task 14. Refine Engineering Analyses Task 15. Project Documentation and Submittal 2014 I015 2016 O N D J p /w A , N � ] JASON | u ] F xx A M J J A S O N D Page 11 of 11 60 Tukwila 205 Levee Certification Scope of Work - 9/30/14 Final City of Tukwila Department of Public Works EXHIBIT B COST ESTIMATE 9/23/2014 Northwest Hydraulic Consultants; 16300 Christensen Road, Suite 350 Seattle, WA 98188 Tel. (206) 241 -6000 Fax (206) 439 -2420 Prepared for: Ryan Larson Project: Tukwila Levee Certification Date: September 23, 2014 Project No,: P214038 Prepared By: Todd Bennett Task Description Principal Senior Engineer Engineer GIS Analyst Prod. Specialist Sr. Contract Specialist Cost 1 DATA REVIEW 2 SITE RECONNAISSANCE AND FIELD DATA COLLECTION 3 FREEBOARD ANALYSIS 4 EMBANKMENT PROTECTION ANALYSIS 5 EMBANKMENT AND FOUNDATION STABILITY ANALYSIS 6 SETTLEMENT ANALYSIS 7 INTERIOR DRAINAGE ANALYSIS 8 IMPROVEMENT NEEDS SUMMARY 24 12 14 24 8 14 24 40 32 24 48 32 32 40 80 144 80 80 40 144 80 32 40 24 40 32 64 40 4 0.5 0.5 0.5 0.5 0.5 1 0.5 $ 24,830 $ 28,813 $ 19,008 $ 26,860 $ 14,846 $ 0 $ 31,018 $ 25,681 Total Hours 120.0 248.0 648.0 272.0 4.0 4.0 Cost Based Rate (201.96 OH, 12% fee) 231.90 $ 184.12 $ 120.02 $ 69.63 $ 73.49 $ 140.37 Total Direct labor: $ 171,058 Description Units Rate Cost Survey Equipment (Sounder, RTK, and boat) Contract for levee brushing $4,350.00 $30,000.00 $ 4,350 30,000 Total Direct Expenses: 34,350 Firm Sub Fee Markup Markup Cost AMEC KPG 136,270 10% $ 13,627 $ 149,897 84,006 10% $ 8,401 $ 92,406 Total Subconsultants: $ 242,303 Description Cost Total Labor Total Direct Expenses Total Subconsultants $ 171,058 $ 34,350 $ 242,303 Total Project Cost: 447,711 61 amee2 EXHIBIT B - SUMMARY OF COSTS PHASE 1 - ENGINEERING ANALYSIS AND IMPROVEMENT IDENTIFICATION Tukwila 205 Levee Certification Geotechnical Services Tukvvlg, Washington AMEC Environment & Infrastructure, Inc. DIRECT SALARY COST (DSC): Classification (AMEC Class Code Hours Hourly Rate Cost Principal (623-624) 144 Description $69.95 Burdened Labor Cost $10.072.00 Associate (619-622) 23 Data Review $52.83 $ 3.967 $1.215.09 Senior 2 Engr/ Sd(j16-810) 483 Field Reconnaissance and Data Collection (includes drilling and lab testing) $41.89 36.688 $20252.07 Senior 1 Engr/ Sci (614-615) 1 Embankment and Foundation Stability Analysis $30.03 88.919 $58.03 Tech Prof 3 (611-613) 0 Settlement Analysis $33.05 10,327 $0.00 Tech Prof 1'2(O08-n10) 0 Improvement Needs Summary $29.50 8,513 $0.00 CAD Tech 5(517-52O) 37 Total $30.90 30.425 $1,143.30 Tech 1-4 (501-516) 0 $25.00 $0D0 Admin 4-5 (809-814) 8 $24.56 $195.48 TOTAL DSC 707 OVERHEAD COST (OH COST - including salary additives): OH Rate of 1.6711 x DSC 1.6711 x FIXED FEE (FF): FF Rate of 0.30 x (DSC) $33,127.48 = 0.3 x $33,127.48 = e8M8UwSABLE& Field Expenses (mileage, equipment, etc.) Subcontract Expenses (driller, traffic, lab) (10% mark-up) TOTAL REIMBURSABLES TOTAL $1,372.80 $36,472.15 = APPROXIMATE BREAKDOWN OF COSTS BY TASK Task Description Hours Burdened Labor Cost Other Direc Costs Total 1 Data Review 26 $ 3.967 35 $ 4.002 2 Field Reconnaissance and Data Collection (includes drilling and lab testing) 314 36.688 $ 37,775 74,474 5 Embankment and Foundation Stability Analysis 266 88.919 $ 38.918 6 Settlement Analysis 71 10,327 $ 10.327 8 Improvement Needs Summary 53 8,513 35 $ 8.54O, $ 130.270 Total 730 30.425 37,845 62 Total $33,127.48 $55,359.33 $9,938.24 $37,844.95 $136,270.01 HOUR AND FEE ESTIMATE r - S. 196th St to 1-405 o ONC Task1 - Data Review Management 1 progress reports I 6 1 4 1 0 1 0 1 0 . 0 1 0 I 2 I 6 I$ 2,320.76 Review /assemble existing data I 8 12 8 0 1 0 16 I 0 0 2 I$ 5,607.30 Meetings 8 4 0 0 I 0 0 I 0 0 0 I $ 2,008.38 Mileage I $ 50.00 Reproduction _1.11- $ Task Totals 22 20 8 0 0 16 1 0 2 8 1$ 9,986.44 Task 2 - Site Reconnaissnce and Field Data Collection Survey levee crest profile 0 j 2 10 0 0 20 80 0 I 0 I $ 14,361.04 Survey up to 20 land based cross sections 0 1 5 0 0 30 60 0 ; 0 I $ 11,703.31 Pick up low chord and center of pier on bridges 0 2 5 0 0 10 30 0 ( 0 I $ 5,924.52 Fill in gaps or provide additional detail in key areas i 0 1 5 0 0 30 40 0 0 ; $ 8,904.15 Layout profile stationing at 100' to 200' interval. I 0 j 0 0 0 0 I 5 20 0 0 I $ 3,230.07 Pick up 18 boring locations I 0 0 0 0 0 I 5 10 0 0 I $ 1,830.49 Mileage _ I $ 800.00 Reproduction $ 200.00 Task Totals i 0 1 6 { 25 i 0 1 0 1 100 1 240 0 I 0 1 $ 46,953.59 In 0 0 co Total Estimated Fee: 63 64 UTILITIES COMMITTEE Meeting Minutes Tuesday, October 6, 2014 — 5:15 p.m. — Foster Conference Room City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg (by phone) Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Ryan Larson, Gail Labanara and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Consultant Agreement: Tukwila 205 Levee Certification Staff is seeking Council approval of a Consultant Agreement with Northwest Hydraulic Consultants, Inc. (NHC) in the amount of $447,711.00 to perform Phase 1 of the Tukwila 205 Levee Certification Project. Certification provides documentation that the levee meets minimum federal standards and allows FEMA to map the area as outside of the 100 -year floodplain. Phase 1 of the process includes engineering and improvement identification, and NHC was selected from three firms as the most qualified. An updated CIP page for this project that includes potential future costs will be included in the Council packet for approval with the proposed 2015 -2016 Budget. Funding for the Phase 1 budget is available from Surface Water Management fees, but if certification results in the identification of needed repairs, alternate funding sources will need to be considered. The updated CIP page includes a placeholder of 5 million, grant dependent, for repairs. Committee members asked about identifying the local beneficiaries of certification and /or repairs, and legal methods by which those beneficiaries could contribute financially. City Administrator David Cline suggested that those questions continue to be discussed in the Utilities Committee. The updated CIP page will be included in the Committee of the Whole agenda for Council discussion. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 13, 2014 COMMITTEE OF THE WHOLE. B. Grant Applications: East Marginal Way South Stormwater Outfalls Staff is seeking Committee approval to submit grant applications for the East Marginal Way South Stormwater Outfalls project. The design, funded by a Department of Ecology grant and expected to be completed in January 2015, will redirect the drainage from the Jorgensen Forge outfall to the Boeing Z line, providing water quality upgrades to both areas. Funding for construction is available through various DOE grants and loan programs. If grant funding is obtained, City matching funds may be required and Council will have final approval at that time. UNANIMOUS COMMITTEE APPROVAL. III. MISCELLANEOUS Meeting adjourned at 5:58 p.m. Next meeting: Monday, November 3, 2014 — 5:15 p.m. — Foster Conference Room Committee Chair Approval Minutes by LH. Reviewed by GL. 65 66 wAo+ tv,r4 Nit " fs A'0,100 10. COUNCIL AGENDA OPSIS Initials Meeting Dale Prepared by Mayor's review Council review 09/15/14 CO Resolution 10/13/14 CO El Public Hearing Altg Dale [z] Other Ally Date 10/13/14 A lly Date Ally Dale 09/15/14 SPONS()R Council FIR E DCD 1T l'inance LI I' ire IT 1)0.'7R Police inv Mayor SPONSOR'S The staff looks forward to the opportunity to present to the Council on this issue and St NmARy review the overall incident, causes, lessons learned and next steps. We value the important role that IT plays in the delivery of services in the City of Tukwila and are confident that the lessons learned and next steps identified in the presentation will allow us to enhance our IT services and prevent similar future incidents Rl:v1iwF:u lY E COW Mtg. E CA&P Cmte E F&S Cmte [I] Transportation Cmte 0 Utilities Cmte E Arts Comm. E Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SP( )NS( Cc ymNtrivrm ITEM INFORMATION TEM No, 4.D. 67 STAFF SIR )NSUR: ERIC DREVER ORIGINAL AGUNDA DATE: 9/15/14 AG F,NDA 1iii Trim An after action report due to failure of critical Information Technology infrastructure in September 2014. CA'11;(;()RY 1 Dircussion 9/15/14 E Motion Ally Date Resolution Ili Ordinance Mfg Dale E Bid Award Ally Dale El Public Hearing Altg Dale [z] Other Ally Date 10/13/14 A lly Date Ally Dale 09/15/14 SPONS()R Council FIR E DCD 1T l'inance LI I' ire IT 1)0.'7R Police inv Mayor SPONSOR'S The staff looks forward to the opportunity to present to the Council on this issue and St NmARy review the overall incident, causes, lessons learned and next steps. We value the important role that IT plays in the delivery of services in the City of Tukwila and are confident that the lessons learned and next steps identified in the presentation will allow us to enhance our IT services and prevent similar future incidents Rl:v1iwF:u lY E COW Mtg. E CA&P Cmte E F&S Cmte [I] Transportation Cmte 0 Utilities Cmte E Arts Comm. E Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SP( )NS( Cc ymNtrivrm Mayor's Office None COST IMPACT / FUND SOURCE EXPENDITURE REQUIRE,D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Coin/vents.: MTG. DATE RECORD OF COUNCIL ACTION 9/15/14 An after action report will be brought back to the Council on 10/13/14 MTG. DATE ATTACHMENTS 09/15/14 Letter from Mayor Haggerston, dated 09/10/14 Proclamation of Emergency, dated 09/10/14 Resolution in Final Form Copy of Signed Contract with InfoRetrieval 10/13/14 IT After Action Report Powerpoint IT After Action Report, with attachments Letter from Mayor Haggerton ending the State of Emergency 67 68 ommitt of the After Action Report Overview & Purpose Summarize incident /outage Identify cause(s) Review lessons learned Discuss next steps September 5t" —Day of Incident 3:00 a.m. City's main Storage Area Network (SAN) failed IT notified of problem at 4:00 a.m. By 6:30 a.m. outage deemed to be a major failure Affected Systems MobileCom — police and fire in -car computers City Email City Websites Eden Online Services — online utility billing, staff time sheets, etc. TRAKiT — permitting system Access to Personal and Shared Directories — isolated to Police Justice RMS — PD records management system FileONQ — PD evidence tracking Print Servers Incident Command Structure (ICS) Initiated at 1 1:45 p.m. on day of incident Commander Eric Drever ICS commander Other City resources deployed to assist as needed Affected systems prioritized for action Communications with all department directors to ensure full knowledge of affected services Council informed via phone call that afternoon Restored Systems MobileCom up and running at 3:00 p.m. September 5th Email and websites on September 7th Eden Online Services on September 8th All remaining services online after data recovery on September 1 5th Emergency Declaration Full cost of data recovery and legal review not complete until Wednesday September 10th Emergency declaration in line with previous infrastructure incidents such as: April, 2013 Sanitary Sewer Collapse, Andover Pk. W. December, 2012 Stormwater Failure, E. Marg. Wy. March, 2011 Sanitary Sewer Collapse, Andover Pk. W. Incident Cause: Bottom Line A single piece of hardware, the SAN, with built in redundancies, partitions, physical separation via multiple arrays, and back up power sources failed Certain partitions in the SAN were being used as temporary back up repositories for some data during transition to a new, off site back up system Pre - Incident Back Ups Police data was backed up on the SAN in a separate physical location within the SAN IT is required to run two backup systems to keep Police data separate due to Federal CJIS policy Police data growing at a rapid rate; temporary back up needed while transitioning to off site resource Temporary Storage on SAN Was the most reliable storage system Separate partitions Physically separate arrays Built in scheduled back up system Redundancy Back up power CO Lessons Learned Immediately evaluate and eliminate potential single points of failure Physical (hardware, etc.) a Off site back ups Physical redundancies Personnel a Cross training Lessons Learned Better Communications Ensuring city leadership receives timely and accurate information Immediate outreach to users to fully understand affect of outage on customers Lessons Learned Develop asset replacement schedule Physical (hardware, software, etc.) Service agreements Ensure process in place for regular review and updates Lessons Learned Ensure City -wide knowledge of and training in Incident Command Structure Awareness that ICS available for all City incidents Allows for prioritization, communication and additional resources when necessary Expand ICS training to non - emergency related personnel Ensure role for policy makers in ICS process co 0) Finish N IT P Potential final system design: U qA Dahill High Perfromance 6200 City Hall Dot Hi Dot Hill2 Dot Hili3 Doti-1014 Doti PD Storage Dot Hill4 !$6 PD Storage OotHiIt High Performance Sabey Building Dot Hill Backup) w bey Building D&mRPD Backup) Sabey Budding wensr Continuous Data Rmatnbap 6300 Building City lAlide Backup Develop & Implement IT Strategic Plan Build on the existing baseline assessment Develop IT strategic plan that encompasses: Role of IT and user expectations Physical equipment and service contracts Personnel resources and cross training Asset replacement schedule and process Effective IT project management Enhanced communications Potential budget implications CO CD 90 Page 1 City Tukwila Police Department An Accredited Agency AFTER ACTION REPORT im Haggerton, May r Michael Villa; Chief of Police ICS Activation for IT Support of a Storage Area Network Failure October 10, 2014 Day of Incident On Friday, September 5, 2014, at approximately 3:00 a.m., the City's main Storage Area Network (SAN) experienced a hardware failure and crashed. Information Technology (IT) Director Mary Miotke received a call from the PD sergeant on duty at 4:03 a.m. He indicated that they had lost access to Mnbi|eCom, the system police and fire use for dispatching data. Miotke then called IT Tech Guy Bollinger and the two discussed the problems that the PD was experiencing. At this time, IT thought that the issue was with the NetMotion communication system being down in the PD vehicles. Bollinger tried logging in from his home, and was unsuccessful. He then called IT System Administrator Bao Trinh at4:l8a.m. to report that there were issues with logging in. Trinh tried to log in and had the same issues. He then tried an alternative method to bring up the VM Ware control panel. He noticed that many other virtual machines were down, as well, and pinpointed it to the FalconStor SAN. Trinh responded to the City. Trinh arrived on site to investigate further about a possible power failure but found the only equipment not operating was the SAN. Trinh then logged in to the FalconStor console and noticed several errors and thought it best to not try restarting. Trinh put a call into the FalconStor vendor support service and was told that someone would be contacting him within two hours. When they called, at 6:02 am., they said that they could not find our purchase information. Trinh provided the necessary information and again they said that someone would call in a few hours. At 6:24 am., Trinh notified Miotke that there was a major SAN failure. Miotke drove to the City. Trinh and Bollinger were already on location trying to assess the situation and waiting for the support call. When the FalconStor technicians did call back, they logged in through the web to take a look. During the process of trying to figure out what was wrong, they noticed the hardware version and said there was nothing else they could do and would escalate the problem to the sales staff. Sales told IT that our equipment is no longer supported. Trinh called many other contacts he had to see if there was anything else that could be done, including calling our reseller at Zones. At this time IT was still optimistic that the system could be restored for service. Storage Area Network Background The SAN is used for storing some of the City's virtual servers, which are allocated throughout the SAN as per industry standards. The SAN had 5TB of available storage; IT had allocated the space into five logical resources. The first four partitions were used for virtual servers, and the fifth was used for Police Department data storage. These virtual servers run different City functions, such as MobileCom, TRACKIT, Justice RMS, email, etc. While most of the City back up data was distributed to other devices at the time of the SAN failure, some backup data was stored in a temporary staging area on this particular SAN while IT was creating a new backup environment on recently purchased backup equipment at an off-site secure location. IT is required to run two backup systems to keep the PD Data separate due to Federal CJIS policy. The previous backup system for PD was not able to keep up with the rapid data growth demand and had consistency issues. To remedy the consistency issues until a new backup system was in place, IT thought the best course of action was to use the most reliable storage location for the PD home directories, which was the FalconStor; however, placed on a separate partition and controller. The SAN also had a built -in snapshot ability, which was activated to store the snapshots in the SAN overhead storage location. (See attached diagrams) This SAN was purchased in October of 2010 for $46,000 (including installation, maintenance and tax) and fully configured by mid - November. The SAN had multiple redundancies - such as two RAID 5 arrays, dual power supplies and dual host controllers — which were included originally or installed soon after purchase. The life expectancy for equipment of this caliber is five to six years. This SAN was in service for just under four years. When IT contacted the vendor after the problem was identified on Friday morning, the vendor indicated it would no longer support the device due to an end -of -life (EOL) date of June, 2014. While the vendor indicated that they informed all customers and resellers about the EOL, neither IT nor the reseller have any record of this contact. In addition to not being informed of the EOL status of the equipment, IT thought it had renewed the maintenance agreement in May of this year through the reseller, but a review after the incident revealed that the renewal, which was a normal annual renewal as in previous years, did not actually include support for this device but did cover other devices currently in use from the same vendor. Because of the vendor's EOL declaration, the vendor refused to offer any assistance, citing liability issues. Affected Systems The following systems were affected by the SAN failure: • MobileCom, which was completely inaccessible to both police and fire, resulting in no computer access in their vehicles, however Valley Communications and departmental offices were available via radio, cellular and land lines • All city email • All city websites, none of which were available to the public or internally • Eden's online services, including online business licenses and utility payments, as well as online employee services such as time sheets and employment history • TRACKiT, which is our permitting system • Access to personal and shared directories, which were not available to some personnel • Justice RMS, which is the Police Department's records management system • FileOnQ, the Police Department evidence tracking system (the physical security of the evidence was not impacted) • Print Server for all but the PD, FD and court. Incident Command Structure Once the scope of the problem was identified on Friday, the City initiated an Incident Command Structure (ICS) and contacted Marty Grisham, Emergency Manager. While Marty would come in later in the day from his 92 vacation, it was determined that the best course of action was to bring in Commander Eric Dreyer to function as the Incident Commander for the situation, and task Commander John Harrison with the Planning function. In addition, the City Administrator, IT, Finance and Communications were all a part of the ICS. The ICS allowed staff to prioritize the list of services that needed to be resolved, resulting in the order of the list above. All IT staff was identified as critical ICS staff for working towards data recovery and system restoration; everyone was already at work and on duty except for Mike Marcum, who was called in from his vacation leave to support the ICS effort. Once ICS staff was briefed on the situation of the SAN failure, the group moved into a planning session to identify all impacts of the incident and prioritize the actions needed to fix the associated systems. The following systems were prioritized and actionable tasks were assigned: Priority System Assignment 1 MobileCom Guy Bollinger 2 City Email Bao Trinh 3 City Web Sites Mike Marcum & Scott... 4 Eden (Web Portion) Tami... 5 SQL 2k8 Tami... 6 TRAKiT Tami... and vendor 7 TPD Home Directories Guy Bollinger 8 Justice Guy Bollinger, Tami Eberle - Harris, vendor Print Servers Mike Marcum & Eric Compton Web 2k8 IT (TBD) GIS 2k8 IT (TBD) In addition to the tasks dedicated to fixing the City systems, the following assignments were made during this first operational period: o David Cline would provide a situational report to the Mayor. o Rachel Bianchi would provide situational briefs to Department Heads and solicited their input on the outage effects on constituents. o Mary Miotke would support IT staff and evaluate labor resources. o Nora Gierloff would inquire with inspectors about potential impacts on current projects. MobileCom was the first system to be restored, and was back online by 3:00 p.m. on Friday. While IT continued to work on the technical issues, all Department heads were contacted to ensure workarounds were identified for critical services. In addition, Councilmembers were notified via phone that afternoon that the outage would continue throughout the weekend. City staff with access to Code Red also received a text on Friday afternoon, and a subsequent Code Red alert went out on Saturday the 6th. An ICS status update meeting was held with IT staff on Friday at 3:30 p.m. The group reviewed the situation to date, the work that had been completed, and the work still left to be done. Incident Commander Dreyer identified that there was no relief staff for IT members, and that rest was pivotal in order to maintain progress toward restoring City systems. Commander Dreyer asked IT staff to find a break -point in their current tasks, and then mandated that IT staff return to work for an ICS status update meeting and continued work on Saturday morning. On Saturday morning at 9:00 a.m. Commander Dreyer met with IT staff for an ICS status update. Priorities were re- evaluated and tasks assigned for Saturday's work, as well as, Sunday's tasks. 93 Ongoing Efforts to Resolve Incident On Saturday, as IT continued to work toward resolution, it became apparent that there was likely data that was inaccessible to IT staff and would require experienced data recovery technicians to successfully restore access. IT began researching experienced, GSA - certified data recovery firms that could be engaged. Three local firms were contacted. IT found that the high level of expertise necessary to work on the SAN required experienced staff and facilities such as a clean room, which all firms had at their headquarters out of state. It was determined that InfoRetrieval, with a branch office in Seattle but based in Ohio, was the best option. The following criteria were vetted: • GSA - certified to handle sensitive government data • Certified clean room that is dust free, adding to the likelihood of retrieval • Their own proprietary data retrieval software and a good track record of success • Able to locate spare parts for the SAN • Employees experienced and expert technicians in high level data retrieval • Hand delivery of SAN to be processed Having a data retrieval specialist physically take possession of the device ensured both the safety of the data, as well as, handling of the equipment itself in a manner to better lend itself to final data retrieval. Payment for the physical retrieval of the SAN and initial diagnostic service with InfoRetrieval was just under $5,000.00. After paying the deposit, Saturday night a representative from InfoRetrieval flew from Ohio to physically pick up the SAN, remove the hard drives to hand carry on the return flight, checked the remaining hardware through baggage and returned to their offices to begin the recovery work. The rest of the weekend was spent restoring email and web functionality, as well as preparing the necessary technical environments for Monday's work with vendors that ended up restoring the functionality of Eden Online Services and the bulk of TRAKiT. As of Monday afternoon, on September 8th, most systems were restored with the exception of: • TRAKiT, which was functional in a read -only status at this point; some data remains inaccessible • Access to some shared and personal drives • Justice, for similar reasons to TRAKiT, with missing information, was usable only for look up and no new data was to be added to the system until all data was restored • FileOnQ, where data remained inaccessible • Print Servers, nearly most of which were restored Basis for State of Emergency A preliminary report from a diagnostic test performed on the SAN by InfoRetrieval determined that there was a possibility of accessing the data. (Diagnostic report from InfoRetrieval is attached.) Due to the complexity of the data retrieval on the SAN and the urgent nature of the need for this data to be recovered expeditiously, InfoRetrieval indicated the cost for priority service with dedicated staff and facilities would be $73,979, including the $5,000 deductible deposit. The City will only have to pay the full amount if InfoRetrieval could indeed retrieve the data. InfoRetrieval indicated this process would take approximately one week. While the vendor indicated there was an alternative cost option of approximately $40,000.00, under that scenario the City would have to wait up to eight weeks for the data on a non - priority basis. Given that key City services were not available and critical police data was still inaccessible, it was clear that the prudent course of action was to retrieve the data as soon as possible. In discussions with Commander Dreyer, the 94 City Administrator David Cline, IT Director Mary Miotke and other key staff, it had become clear that the City must incur the priority cost to regain access to the data. State of Emergency At the Monday, September 8th, Council meeting City Administrator David Cline, and Commander Dreyer provided a status report to City Council on the state of the SAN incident. Council was told that an after action report was forthcoming, and that it would be presented at the October 13th Council meeting. On Tuesday, September 9th, the contract with InfoRetrieval was reviewed by City legal. City process was also reviewed for handling the payment for services that would exceed the Mayor's signing authority. In order to move forward quickly in order to minimize the disruption to critical City Services and avert long term complications to the same, and to provide access to data related to urgent police department felony investigations, City administration, in coordination with City emergency management, determined that an official proclamation to declare an emergency would need to be made in order to enter into the necessary contract with InfoRetrieval to recover the data on a priority basis. On Wednesday, September 10th, David Cline contacted Tukwila Council President De'Sean Quinn to discuss the City Administration's recommendation to the Mayor of declaring a state of emergency. That afternoon Mayor Haggerton issued the state of emergency proclamation. (Refer to attached proclamation.) The contract with InfoRetrieval was signed and payment was wired to the company. On Thursday, September 11th, the Council was notified of the state of emergency through a letter delivered via email that included the emergency proclamation. Final Recovery By Friday, September 12, InfoRetrieval informed the City that the data recovery was complete and they would ship the results by overnight courier. They would also keep a copy of the recovered data on their servers until the City acknowledged that the retrieval was complete and successful. IT was provided the tracking information and picked the shipment up on Saturday morning. Once the data was in hand, IT began the lengthy process of copying the data to a temporary location on the City network so that the data on the transfer drives could be left intact. By Monday, September 15th, full data implementation into the City network was under way. At the September 15th Council meeting the Declaration of a State of Emergency was presented to Council for ratification. The Council unanimously approved the motion. IT staff continued to work on resolving the final implementation of the recovered data. On Tuesday, September 16th, IT was able to send an All -User email to inform City staff that all systems were now back online. On Friday, September 19th, the Mayor sent a letter to Council members declaring that the State of Emergency had officially ended. Next Steps On Friday, September 26th, an ICS incident debrief was held with the IT staff. A review of the incident indicated that prior to the SAN failure on September 5th, a decision was made by IT to temporarily construct an infrastructure that employed backing up the Police data on partitioned sections of the City's main SAN while they initiated the installation of off -site backup equipment. This created a "single point of failure." It was during this temporary setup that the SAN failed. During the incident debrief, IT relayed that in discussions with the Finance Department, insurance may cover a portion of the costs incurred by the incident. The potential insurance coverage is still being explored. Currently, the City IT infrastructure has been temporarily set up with off -site backups; however, it will be imperative to build a new permanent City IT infrastructure to accommodate current and future system and data 95 needs. The IT staff is working on a proposal to meet these needs as a part of an IT Department Strategic Plan. Such a plan will take into consideration IT assessment recommendations and items of note that were taken from the recent incident. The Incident Command System that was put in place on September 5th, 2014, has been officially demobilized, and all IT functions and management have been restored to the IT Department effective September 26th, 2014. This after action report was completed in coordination with IT and City staff. Respectfully, Commander Eric Dreyer Tukwila Police Department 96 Incident Objectives 1. Incident Name SAN SAVE 2. Date Prepared 9/5/2014 3. Time Prepared 1230 4. Operational Period (Date and Time) 9/15/2014 1900 5. General Control Objectives for the Incident (include Alternatives) 1 Establish Incident Command and assign roles. 2 Restore System Operations to End Users. 3 Identify what the cause of the failure was. 4 Prepare an outline for preparation of a Strategic Plan for Information Technolgies. 6. Weather Forecast for Operational Period N/A - No weather specific issues to complicate mission. 7. General Safety Message Employees will monitor their work hours to prevent excess fatigue and wil report related concerns to their immediate supervisors 8. Attachments (check if attached) 7.- Organization List (ICS 203) r Medical Plan (ICS j' Assignment List (ICS 204) t Incident Map r Communications Plan (ICS 205) 1- Traffic Plan 206)- I-" l' r- ICS -202 9. Prepared by (PSC) Commander Dreyer 10. Approved by (IC) Commander Dreyer ICS -202 97 ORGANIZATION ASSIGNMENT LIST 9. Operations Section 1. Incident Name SAN SAVE Chief IT Director Mary Meotke 2. 9/5/2014 3. Time 1230 Deputy 4. t,r,erational Period 9/15/2014 1900 a. Branch I - Division /Groups 5. Incident Commander and Staff Branch Director Boo Trinh Incident Commander Commander Eric Dreyer Deputy Deputy Division /Group 6uiy Bo /linger Safety Officer Division/Group Tami Eberle-Harris Information Officer Rachel Bianchi Division /Group Mike Marcum Liaison Officer Division/Group Eric Compton 6. Agency Representative Division /Group Agency Name b. Branch II - Division /Groups City if Tukwila City Administrator David Cline Branch Director Deputy Division /Group Division /Group Division /Group Division/Group Division /Group C. Branch III - Division /Groups Branch Director Deputy Division /Group 7. Planning Section Division /Group Chief Commander Jon Harrison - until; 1400 on 09/05/14 Division /Group OF Division /Group Rt .ce Unit Division /Group Situation Unit d. Air Operations Branch Documentation Unit Air Operations Branch Director Demobilization Unit Air Support Supervisor Human Resources Air Attack Supervisor Technical Specialists (name / specialty) Hilicopter Coordinator Air Tanker Coordinator 10. Finance Section Chief finance Director Peggy McCarthy Deputy Time Unit 8. Logistics Section Procurement Unit Chief Comp /Claims Unit Deputy Cost Unit Service Branch Dir. Support Branch Dir. Supply Unit Facilities Unit Prepared by (Resource Unit Leader) Ground Support Unit Communications Unit Medical Unit Security Unit Food Unit ICS -203 98 Incident Na e SAN AY Date 915/2014 j Time 1230 Operational Period 9115/2014 19 Incident Command Commander Eric Dreyer Public Infon Rachel Bla Liaison uman Resources Operations Chief Planning Chief FT Director Mary Meotke Commander Jon Harrison r Ops. Branch DivIG Sup Attack DIvIGrp Fixed Wng Div /Grp Agehc Rei Name, Agency David Cline City of Tukwila ICS -207 Technical Specialists Name Specialty 100 Office of the Mayor City of Tukwila, Washington WHEREAS, Tukwila Municipal Code (TMC) Section 2.57.030 (1) empowers the Mayor to proclaim a State of Emergency when an incident, whether natural or man-made, requires immediate responsive action to protect life and property; and WHEREAS, the City experienced a catastrophic failure of critical Information Technology equipment, commencing on or about 3:00 a.m. on the 5th day of September, 2014; and WHEREAS, the Mayor has been requested by the Director of Emergency Management of Tukwila to proclaim the existence of a local State of Emergency therein; and WHEREAS, the Mayor does hereby find that the recent IT equipment failure constitutes a State of Emergency, as defined by TMC Section 2.57.020 and Revised Code of Washington (RCW) Section 38.52.010; and WHEREAS, the aforesaid conditions necessitate the proclamation of the existence of a local emergency in order to protect public property; NOW, THEREFORE, 1, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim a State of Emergency within the City of Tukwila; and that during the existence of said State of Emergency, the powers, functions, and duties of the Director of Emergency Management and the emergency organization of this city shall be those prescribed by state law, by ordinances, and resolutions of this city and approved by the Mayor on September 10, 2014. Said local emergency shall be deemed to continue to exist until its termination is proclaimed by the Mayor of the City of Tukwila, State of Washington. Executed this 10th day of September, 201 . aggert or of Tukwila 101 102 Case 65708 City of Tukwila. Citv Hall and Public Safety Mary Miotke 6200 Southcenter Blvd Tukwila WA 98188 Diagnostic Report Storage Media: FalconStor SAN NSS HC630 Hard Drive Model Number: ST3450857SS After investigating the details surrounding the corruption of critical data on the drives and performing a preliminary tests, our technicians have concluded that the primary fault is a logical and mechanical one, resulting in the inability to correctly store /access data and the detection of a high percentage of corrupted data including data critical to the normal operation of the array present in the file system. Two drives have mechanical problems (weak heads) and five drives have bad sectors. Consequently, the corrupted file system present on the array must be repaired by our logical failure specialists as well as our RAID specialists. Once the volume of data on the drive has been restored and is able to be kept in a stable, operating condition, proprietary software will be used to scan, extract, and rebuild the data in a virtual environment for transfer to a new working drive(s) (as requested or required). Any additional instances of corrupted data resulting from the failure of the RAID will be addressed as they are encountered in the recovery/rebuild and resolved with the objective of reducing data loss to as little as 5 %. The outline of the service plan is as follows: 1. Our relevant specialist technicians will create and implement proprietary customizable script programming that will use adaptive algorithms to address the particular variables presented by the unique instances of data corruption present on the drives. Because of the complexity of this process, the scanning and repair process will be the most time - consuming as several specialized technicians will be required for its duration in order to ensure its success and continued progress. 2. The data architecture must then be re- assembled /re- created and tested in a virtual environment so that the data can be successfully extracted and recovered in a workable and transferrable condition. Because your data is, in fact, still present (including the file system, although corrupted, and other critical volume and data assignation information), our technicians are confident that successful results can be achieved in an effective and efficient manner. 103 Since our data recovery specialist technicians were able to diagnose your drive and develop a plan for service, it is statistically safe to state that there is an estimated 80% chance for a successful recovery (based upon similar case records and analysis). Data recovery can never be guaranteed due to the complicated and highly variable nature of the work particular to each case. Consequently, should your data recovery service attempt be unsuccessful, you will not be charged the final amount quoted below (and you will only be held accountable for the down payment necessary to cover costs to immediately begin service). if you have any further questions regarding the specific nature of the potential data recovery service that our technicians have planned for your drives, please contact me at your earliest convenience; we appreciate your business and are committed to your satisfaction as our customer. We have 2 options 1. Our Team of Engineers will work around the clock until project completed. Total price for successful recovery $73979.00 2. This option is significantly Tess expensive $40025.00 you will get the same dedication but only during normal business hours and recovery will take longer 3 -5 weeks. We only require down payment to start process $5000.00, and rest up on completion of the project . one of the biggest reason for pricing is that you have SAN. We would need all log in details Thank you Leo 104 orage and Backup Logical Diagram Pre -Event Diagram 1 c. 0 0 t.rt 0 kr) ClJ NI en .1' ve X11112 0 565 ') 0 0 0 0 0 0 105 Falconstor SAN Logical Diagram Falconstor Controller 1 2.5 TB Controller 2 2.5 TB FaIconSAN FalconSANz PD Storage FalconSAN3 FalconSAN4 PD Storage 1TB T ' Snaoshots 1TB i, ,,, , 10 , a GI 500GB 1TB I 1TB 7 , • i jBackuo) 500GB / 4 All FalconSAN logical partitions housed the Virtual Servers and virtual storage for them. Controller 1 and Controller 2 were supposed to have failover capabilities to the other if one of them failed. 106 of ��� City 6200 Southcenter Boulevard • Tukwila, Washington 98188 September 19, 2014 The Honorable De'Sean Quinn, Council President The Honorable Joe Duffie,[ounci|member The Honorable Dennis Robertson, Councilmember The Honorable Allan Ekberg, Counci|member The Honorable Verna Seal, Councitmember The Honorable Kathy Hougardy, Councilmember The Honorable Kate Kruller, Councilmember City ofTukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Officially Ending State of Emergency Dear Councilmembers, Jim Haggerton, Mayor | am pleased to inform you that the State of Emergency that | declared on September 10, 2014 is officially over. Alt non-emergency policies and procedures are once again in place. Our contractor was able to retrieve all of the data from the failed equipment, and IT has successfully integrated the data back into our systems. Everything is fully functional, and while there may be some tweaks here and there as more users access the different programs, these will be minor and attended to quickly. In addition, in bringing everything back online, IT has verified that there are separate and distinct pieces of equipment backing up alt of the City's data. This will ensure that we have the necessary redundancy in the event of a failure of one piece of equipment. Currently, this 15 a temporary arrangement. The after action report is an opportunity for us to not only examine what happened with this particular incident, but also to provide insight into how to safeguard our systems from a similar event in the future. We expect that within the process of developing the report we will identify necessary strategies and investments to achieve this goal. As mentioned previously, we look forward to the opportunity to present the after action report to you on October 13th at the regularly scheduled Committee of the Whole meeting. In the meantime, should you have questions, please contact Commander Eric Dreyer at (206) 433-3669 or at E.Drever@TukwilaWa.gov. We appreciate Council's attention to and patience with this matter. Sincerely, Phone: 206-433-1800 • Ctty Hall Fax: 206-433-1833 w/w4w. 108 COUNCIL AGENDA SYNOPSIS --------------------------------- Meeting Date Prepared 4 Mayor :c review Council review 10/13/14 CO ] Resolution Nils Date _ Ordinance Mis Date E Bid Award Mg Date 11 Public Hearin g E Other Mts Dale Mts Dale 11/10/14 Si ONSOR Council Mayor T HR Ell DCD Finance E Tirc E IT E P&R E Police E PW spoNsows The proposed budget was distributed to the Council at the October 6, 2014 Council SUMMARY Meeting. Review of the 2015-2016 Budget will occur at this meeting and subsequent worksessions. *Please bring your Budget Binders* RFivikwil) BY COW Mtg. E CA&P Cmte —I Utilities Cmte r Arts Comm. DATE: 2 F&S Cmte E Transportation Cmte Comm. r Planning Comm. CRAW: E Parks COMMITTEE RECOMMENDATIONS: SpoNsoR/ADmIN. CommiTiNI ITEM INFORMATION ITEM No. 4.E. 109 S'FAIT 'PoNsoit: PEGGY MCCARTHY OroGINALAGINDA DATF1: 10/13/14 AG I 1■/1);\ ITEM TITLE Review of the 2015-2016 proposed Budget CATI;(;()Ry Discussion Mtg Date 10/13/14 Motion Mg Date ] Resolution Nils Date _ Ordinance Mis Date E Bid Award Mg Date 11 Public Hearin g E Other Mts Dale Mts Dale 11/10/14 Si ONSOR Council Mayor T HR Ell DCD Finance E Tirc E IT E P&R E Police E PW spoNsows The proposed budget was distributed to the Council at the October 6, 2014 Council SUMMARY Meeting. Review of the 2015-2016 Budget will occur at this meeting and subsequent worksessions. *Please bring your Budget Binders* RFivikwil) BY COW Mtg. E CA&P Cmte —I Utilities Cmte r Arts Comm. DATE: 2 F&S Cmte E Transportation Cmte Comm. r Planning Comm. CRAW: E Parks COMMITTEE RECOMMENDATIONS: SpoNsoR/ADmIN. CommiTiNI COST IMPACT / FUND SOURCE ExpkNDITuRE RE:,;QuiRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $100,000 per year $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/13/14 MTG. DATE ATTACHMENTS 10/13/14 *Please bring your Budget Binders* 109 110 Upcoming Meetings & Events October 2014 13th (Monday) 14th (Tuesday) 15th (Wednesday) 16th (Thursday) 17th (Friday) 18th (Saturday) ➢ Transportation Crate, 5:15 PM (Foster Conference Room) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Community Affairs & Parks Crate, 5:30 PM (Hazelnut Conference Room) ➢ Tukwila International Boulevard Action Crate, 7:00 PM (Community Center) ➢ Park Commission, 5:30 PM (Community Center) ➢ Tukwila Historical Society, 7:00 PM (Tukwila Heritage & Cultural Center, 14475 59th Ave S.) Volunteer Work Parties: Duwamish Hill Preserve and on the Duwamish Shoreline 10:00 AM -1: 00 PM For more information visit: www.forterra.org/ events Tukwila Pool Birthday Party! 3:00 — 5:00 PM FREE swim fun! For more information call 206-267-2350 Pool Lap -A -Thon 3:00 — 4:00 PM Adults: $40.00 Youth: $20.00 All proceeds benefit the Tukwila Pool Scholarship fund. 20th (Monday) 21st (Tuesday) 22nd (Wednesday) 23rd (Thursday) 24th (Friday) 25th (Saturday) > Utilities Cmte, Cancelled ➢ City Council Budget Work Session 5:30 PM (Council Chambers) ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) > Finance & Safety Crate, 5:30 PM (Hazelnut Conference Room) ➢ Tukwila Metropolitan Park District Board of Commissioners, 5:30 PM (Council Chambers) ➢ Planning Commission, 6:30 PM (Council Chambers) Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 — 10:00 AM For location or information contact Sharon Mann 206 - 200 -3616 Gully Gardens Dedication (Formerly known as Pea Patch at Riverton Park) 10:00 AM (4101 S. 131- St) > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. > Chamber of Commerce's Tukwila Government and Community Affairs Committee: Quarterly, 12:00 Noon, Chamber Offices. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room. (A) Residential Rental Licensing and Inspection Program ordinance and associated fee resolution. (B) Update on Duwamish Hill Preserve Phase II. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman (206 -431- 2197). > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Trantina at 206 - 433 -1868. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. > Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. > Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. > Planning Commission /Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670. > Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room. (A) Combined Intersection Improvement Projects Consultant Selection and Agreement. (B) Annual Overlay & Repair Program Pavement Maintenance Management Program Update. (C) Annual Bridge Inspections and Repairs Tukwila Bridge Program Update. > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Joan Hernandez at 206 -248 -0260. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room 111 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. October 6 13 See agenda packet cover sheet for this week's agenda (October 13, 2014 Committee of the Whole Meeting). 20 Unfinished Business: 27 Special Presentations: - Comprehensive Plan Elements ordinance. - Ordinances relating to the rezone of two properties on the south side of South 180th Street and Andover Park West. - Authorize the Mayor to sign a contract with Kirshenbaum & Goss, Inc., PS for 2015 -2016 public defender services in the amount of $32,600 per month and $200.00 per day for Attorney of the Day services month, which occur no more than 5 days per month. - Authorize the Mayor to sign an Interlocal Agreement with the Tukwila School District for after school programming. - A resolution amending the "Tukwila, City of Opportunity Scholarship" program to increase the funding level and refine procedures. Police Sergeant Promotions: Mike Murphy and Kraig Boyd Special Issues: Draft Communications Plan. November 3 Unfinished Business: 10 17 Unfinished Business: 24 - Update on Community Schools Collaboration. - Duwamish Habitat Restoration: Opportunities for Chinook Recovery. - Tax Levy Legislation. - Residential Rental Licensing and Inspection Program. 112