HomeMy WebLinkAboutCOW 2014-11-10 Item 5D - Interlocal Agreement - Roles and Responsibilities with Tukwila Pool Metropolitan Park DistrictCOUNCIL AGENDA SYNOPSIS
Int 'jail-
MeetiqDale
Prepared by
Mayar!; reviel/
Council review
11/10/14
MH
cxriC()ItY Discussion
Alts Dale 11/10/14
t"
11/17/14
MH
0 Public Nearing
Mtg Date
E Other
Mg Date
MI Ordinance
AN Dale
SPONSOR — Council Mayor — HR n DCD Finance Fire U IT P&R • Police PIY/
SPONSOR'S The Council is being asked to review and approve the draft Interlocal Agreement with the
SUMMARY TPMPD to outline the parties' continuing obligations after the City ceases providing support
services to the TPMPD for the Tukwila Pool.
RI A'l I M A ) BY COW Mtg. E CA&P Gina:
n Utilities Cmte Arts Comm.
DATE: 11/04/14
F&S Cmte
E Transportation Cmte
Comm. E Planning Comm.
CHAIR: SEAL
Parks
COMMITTEE
ITEM INFORMATION
ITEM No.
5.D.
65
STAFF SPONSOR: ROBERT EATON/RACHEL TURPIN
ORIGINAL AGENDA DATE: 11/10/14
AGENDA ITEM TITLE Inter local Agreement between
Park District (TPMPD)
the City of Tukwila
and the Tukwila Pool Metropolitan
cxriC()ItY Discussion
Alts Dale 11/10/14
Z Motion
Mt s Date 11/17/14
E Resolution
Mt s Date
E Bid Award
Aug Date
0 Public Nearing
Mtg Date
E Other
Mg Date
MI Ordinance
AN Dale
SPONSOR — Council Mayor — HR n DCD Finance Fire U IT P&R • Police PIY/
SPONSOR'S The Council is being asked to review and approve the draft Interlocal Agreement with the
SUMMARY TPMPD to outline the parties' continuing obligations after the City ceases providing support
services to the TPMPD for the Tukwila Pool.
RI A'l I M A ) BY COW Mtg. E CA&P Gina:
n Utilities Cmte Arts Comm.
DATE: 11/04/14
F&S Cmte
E Transportation Cmte
Comm. E Planning Comm.
CHAIR: SEAL
Parks
COMMITTEE
RECOMMENDATIONS:
SPONSOR/ADMIN.
Comm1ITIT1
City Attorney/Parks and Recreation
Unanimous Approval; Forward to Committee of the Whole Meeting
COST IMPACT / FUND SOURCE
Exim:NDyrulw REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/10/14
MTG. DATE
ATTACHMENTS
11/10/14
Informational Memorandum dated 10/28/14
Draft Interlocal Ageement
Minutes from the Finance and Safety Committee meeting 11/04/14
11/17/14
65
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TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Rachel Turpin, City Attorney
DATE: October 28, 2014
SUBJECT: Inter local Agreement between the City of Tukwila and the Tukwila Pool
Metropolitan Park District (TPMPD)
ISSUE
Staff requests Council input on and subsequent approval of an Inter local Agreement with the
TPMPD to outline the parties' continuing obligations after the City ceases providing support
services to the TPMPD.
BACKGROUND
Since its formation in 2011, the TPMPD has contracted with the City of Tukwila for support
services. In September 2014, the City provided the TPMPD with notice of its intent to terminate
the parties' Inter local Agreement for support services effective December 31, 2014. The
purpose of this new Inter local Agreement is to address issues that may come up in 2015 and
beyond.
DISCUSSION
While most of the work needed to complete the City's transition out of providing support
services to the TPMPD can be accomplished prior to December 31, 2014, there are several
areas in which the City may need to continue supporting the TPMPD. The purpose of this new
Inter local Agreement between the City and the TPMPD is to set forth and clarify the roles and
responsibilities of both parties for any work completed after termination of the parties' original
Interlocal Agreement for support services.
This Inter local Agreement addresses four primary areas: (1) management of TPMPD email
records that will continue to be held by the City; (2) financial work that will need to be done by
the City Finance Department in 2015, such as the 2014 End of Year Audit (EOY Audit) and
closure of the TPMPD's financial books for 2014; (3) use of City policies, procedures, template,
and lessons programs by the TPMPD; and (4) transfer of property from the City to the TPMPD.
The Inter local Agreement also addresses legal obligations, such as the TPMPD's continuing
obligation to indemnify and hold the City harmless for any subsequent violations of the Public
Records Act or any action that arises out of the TPMPD's continuing use of City policies,
procedures, or lessons programs.
RECOMMENDATION
The Council is being asked to consider the draft Inter local Agreement at the November 10, 2014
Committee of the Whole meeting and subsequent November 17, 2014 Regular Meeting.
ATTACHMENTS
Draft Inter local Agreement
Draft Asset Inventory
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INTERLOCAL AGREEMENT
by and between
CITY OF TUKWILA and TUKWILA POOL METROPOLITAN PARK DISTRICT
This Agreement, dated as of , 2014, is entered into by and between the City of
Tukwila, Washington (the "City "), a code city organized under the laws of the State of
Washington, and the Tukwila Pool Metropolitan Park District ( "TPMPD "), a municipal
corporation organized under the authority of Chapter 35.61 RCW (collectively, the "Parties ").
This agreement is entered into under the authority of RCW 35.61.290, .300 and 67.20.010.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Recitals — Purpose of Agreement.
1.1. The City of Tukwila is a code city operating under chapter 35A RCW and other
applicable state law, and the Tukwila Pool Metropolitan Park District is a municipal
corporation created pursuant to a vote of the people held on August 16, 2011 under chapter
35.61 RCW with responsibility for ownership and operation of the Tukwila Pool.
1.2.
services.
Since its creation in 2011, the TPMPD has contracted with the City for support
1.3 In September 2014, the City provided the TPMPD with notice of its intent to
terminate the Parties' interlocal agreement for support services (the "Support Services ILA ")
as of December 31, 2014.
1.4 The Parties acknowledge that there may be continuing obligations on the part of
both the City and TPMPD after termination of the Support Services ILA.
1.5 The purpose of this Agreement is to set forth and clarify the roles and
responsibilities of the Parties after termination of the Support Services ILA.
Section 2. TPMPD Records.
2.1. The Parties acknowledge that TPMPD emails for the period August 16, 2011,
through December 31, 2014 cannot be extracted from the City's email archive and will continue
to exist in the City's email archive. The City agrees that in the event TPMPD receives a public
records request for records that may be contained in the City's email archives, the City shall,
upon written request of the TPMPD, search for and provide such records to the TPMPD. The
City agrees to provide these records expeditiously; provided, the records may be provided in
installments. The TPMPD shall be responsible for processing any public records request for
such records, including all correspondence with the requesters.
2.2. The TPMPD agrees to pay the City for providing these records based on the
hourly wages and benefits of City staff and their time spent searching for and producing these
records.
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2.3 The City shall transfer all non -email records belonging to the TPMPD to the
TPMPD on or before December 31, 2014, at which time the TPMPD shall become the
designated custodian of said records. As the designated custodian of TPMPD records, the
TPMPD shall be responsible for compliance with all legal requirements relating to public
records, including, but not limited to, records retention and destruction. The TPMPD agrees to
retain and destroy all public records pursuant to this agreement consistent with the applicable
provisions of Chapter 40.14 RCW, the applicable rules and regulations of the Secretary of State,
Division of Archives and Records Management.
Section 3. TPMPD Finances.
3.1. The Parties acknowledge that the City Finance Director has acted as Treasurer for
the TPMPD since 2011. The City Finance Director shall transition out of this role on or before
December 31, 2014; however, the City Finance Department's expertise and records will be
needed to complete the 2014 End of Year Audit (EOY Audit) and to close the TPMPD's
financial books for 2014, which will not occur until early 2015.
3.2. The TPMPD agrees to pay the City for providing the services set forth in Section
3.1 above based on the hourly wages and benefits of City staff and their time spent providing
these services.
3.3. On or before December 31, 2014, the City will transfer excess TPMPD funds to
the TPMPD. For purposes of this Section, "excess" shall mean any funds not needed for known
expenses that have not been paid yet. However, the exact amount of TPMPD funds will not be
known until all 2014 deposits have cleared and all invoices have been paid. The City will
conduct a second transfer of all outstanding funds to the TPMPD as soon as all 2014 deposits
have cleared and all 2014 invoices have been paid.
3.4. Any 2014 invoices received by the City after December 31, 2014, shall be
transferred to the TPMPD for payment and payment of such invoices shall be the responsibility
of the TPMPD.
Section 4. City Policies, Procedures, Templates, and Lessons Programs.
4.1. The City agrees that the TPMPD may adapt and /or utilize any City policies,
procedures, templates, or lessons programs created by the City.
Section 5. Property.
5.1. In consideration of and pursuant to RCW 39.33.010, the
Parties agree to transfer to the TPMPD the assets set forth in Exhibit A hereto.
Section 6. Miscellaneous.
6.1 Term of Agreement. This Agreement shall take effect as of the date first written
above and shall continue until terminated by mutual agreement of the Parties.
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6.2 Binding Effect; Assignment; Third Party Beneficiaries. Neither Party may assign
its interest or obligation under this Agreement without the prior written consent of the other
Party. This Agreement shall inure to the benefit of and shall bind the respective assignees.
There are no other third party beneficiaries of this Agreement, and its terms are not intended to
establish nor to create any rights in any persons or entities other than the City, TPMPD, and the
respective successors and assigns of each.
6.3 Amendments. No amendment of any provision of this Agreement is valid unless
set forth in a written amendment signed by the Parties.
6.4 Waiver. No provision of this Agreement may be waived except if expressly given
in writing, and no implied or oral waiver may be used to materially impair the force and effect of
any substantive provision of this Agreement. Any waiver of a Party's right with respect to a
default under this Agreement, or with respect to any other matter arising in connection therewith,
shall not be deemed a waiver with respect to any subsequent default or matter.
6.5 Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
6.6 Applicable Law and Venue. This Agreement shall be governed by the laws of the
State of Washington. The venue for any legal action arising from a dispute under this
Agreement is the Superior Court for King County.
6.7 Entire Agreement. This Agreement constitutes the entire and exclusive
agreement between the Parties relating to the specific matters covered in this Agreement. All
prior or contemporaneous oral or written agreements, understandings, representations or
practices relative to the foregoing are superseded, revoked and rendered ineffective for any
purpose. No oral agreement or implied covenant may be held to vary the terms of this
Agreement, any statute, law or custom to the contrary notwithstanding.
6.8 Time of the Essence. Time and all terms and conditions shall be of the essence of
this Agreement.
6.9 Notices. All notices required to be in writing shall be given using the notice
addresses in this section. A Party may designate a different notice address by providing written
notice to the other Party.
If to TPMPD: Tukwila Pool Metropolitan Park District
ADDRESS
ADDRESS
Attn:
Telephone:
E-mail:
71
If to the City: The City of Tukwila
City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
Telephone: 206-433-1800
E -mail: christy.oflaherty @TukwilaWA.gov
6.10 Execution in Counterparts. This Agreement may be executed in one or more
counterparts. The Parties agree to execute a release or other appropriate instruments as shall be
necessary to certify compliance with the terms of this Agreement upon full and complete
satisfaction of the terms of this Agreement.
6.11 Indemnification of the City. The TPMPD shall defend, 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, 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 TPMPD and
the City, its officers, officials, employees, and volunteers, the TPMPD's liability hereunder shall
be only to the extent of the TPMPD's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the TPMPD'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.
The provisions of this section are expressly intended to apply to any claim brought under
the Washington State Public Records Act that relate to provision of TPMPD records held by the
City, as well as to any claims arising out of the TPMPD's use of City policies, procedures,
templates, or lesson programs.
6.12 Interlocal Cooperation Act Provisions. It is not intended that a separate legal entity
be established to conduct this cooperative undertaking. No special budget or funds are anticipated,
nor shall any be created. The parties are each responsible for their own finances in connection with
this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. The parties
do not intend to acquire, hold, or dispose of any real or personal property pursuant to this
Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers and representatives as of the date indicated above.
THE CITY OF TUKWILA TUKWILA METROPOLITAN PARK
DISTRICT
By: By:
Jim Haggerton, Mayor De' Sean Quinn, Board President
Approved as to Form: Approved as to Form:
Rachel B. Turpin, Brian Snure,
City Attorney TPMPD Attorney
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Tukwila
Pool
AssetNN�����N��������
���������U� Inventory
°
"Current"
$ Value
City of Tukwila Items Being
Transferred to the MPD
$ 680
Lifeguard Chair
$ 40
Life Jackets
$ 40
Mats
� 10
Noodles
� 70
Barbells
� 100
Kickboards
$ 25
Gloves
� 5
Skimmer Net
� 5
Hook
� 25
Poles
� 225
Backboards (x3)
$ 5
Ring Bouy
� 145
Fire Extinguishers
� 340
Pool Vacuum
$ 20
Pool Vacuum Head
\ 25
Pool Vacuum Hose
$ 5
Battery Charger (for pool vacuum)
� 5
Snow Shovel
� I75
Garbage Cans (Int. & Ext.)
� 25
Recycle Bins
� 40
Staff Mailbox
$ 50
White Boards (x3)
S 20
Bulletin Boards (x4)
� 20
Office Desk (maintenance office)
$ 15
Office Chair (maintenance office)
$ 5
Folding Chairs (x5)
$ 815
Electric Pressure Washer
� 25 Pressure Washer Hoses (lOOft?)
�
$ 3,060 'Total
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DRAFT
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City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
November 4, 2014 — 5:30 p.m.; Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Kathy Hougardy, Joe Duffie
Staff: Peggy McCarthy, Vicky Carlsen, Rachel Turpin, Trish Kin low, Marty Grisham, Gail
Labanara, Laurel Humphrey
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Grant Acceptance: 2014 Emergency Management Performance Grant (EMPG)
Staff is seeking Council approval to accept a $58,652.00 Emergency Management Performance
grant from the Washington State Military Department and US Department of Homeland
Security. This is the fourth year that the City has been awarded this grant, which is used to fund
50% of the CERT Coordinator/Public Educator position as well as equipment and supplies for
emergency management programs. The grant requires a 50% City match which is easily met
through wages and the current budget. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 17, 2014 REGULAR CONSENT AGENDA.
B. Inter local Agreement: Tukwila Pool Metropolitan Park District (TPMPD)
Staff is seeking Council approval of an interlocal agreement with the Tukwila Pool Metropolitan
Park District to outline continuing obligations after the City ceases providing support services
on December 31, 2014. Most of the work to complete the City's transition out of support is done,
but there are a few areas that require continued support:
1. Management of TPMPD email records
2. 2015 Financial work such as the 2014 End of Year Audit and closure of the 2014
books
3. Use of City policies, procedures, templates, and lesson plans
4. Transfer of property from the City to the TPMPD
The agreement also addresses the TPMPD's obligation to indemnify and hold the City harmless
for OPMA violations or action arising out of City policies, procedures or lessons. The Committee
approved the agreement along with the listed current market value of assets listed on the asset
inventory. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 10, 2014 COMMITTEE
OF THE WHOLE.
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