HomeMy WebLinkAboutCOW 2004-02-09 COMPLETE AGENDA PACKETW s; Tukwila City Council Agenda
.W 1 1t e•�i
.o COMMITTEE OF THE WHOLE
Ar e±,`►\ Steven M. Mullet, Mayor Councilmembers: Pam Carter Joe Duffie
Rhonda Berry, Acting City Administrator Dave Fenton Joan Hernandez
Jim Haggerton, Council President Pamela Linder Dennis Robertson
Monday; February 9, 2004 7:00 p.m. Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL I Tukwila Valley South Annexation (30 minutes)
PRESENTATION I Sue Carlson, Segale Properties
3. CITIZEN At this time, you are invited to comment on items not included on
COMMENT/ this agenda. To comment on an item listed on this agenda, please save
CORRESPONDENCE your comments until the issue is presented for discussion.
4. SPECIAL a. Purchase of riverfront property belonging to WSDOT on West Valley Hwy. pg. 3
ISSUES b. A resolution designating representatives for the Metropolitan Water p go
Pollution Abatement Advisory Committee (MWPAAC).
c. An ordinance regarding flood plain management and prevention policies p
required of jurisdictions participating in the National Flood Insurance
Program.
d. Sewer Lift Station #12 Pump Upgrade and Generator Project. pg. 33
1) Information regarding lowest responsive bidders.
2) A resolution rejecting lowest responsive bidder and awarding the bid to
the second lowest responsive bidder, Gary Harper Construction, Inc., in
the amount of $233,789.44, for the Sewer Lift Station #12 Pump Upgrade
and Generator Project.
e. Authorize Mayor to sign an interlocal agreement establishing a Jail pg. 41
Oversight Assembly, Jail Administration Group and Jail Operations
Group.
f. Authorize Mayor to sign a legal services contract with the law firm of pg. 75
Kenyon Disend.
g. Authorize Mayor to sign a professional services contract with MJ Durkan, p 87
in amount not to exceed $24,000.00, plus expenses.
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
7. EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110(1)(i) (30 minutes)
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/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
1
CAS Number: 04-014 l 4 Original Agenda Date: 2/9/04
Agenda Item Title: Purchase of WSDOT Property
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if known):
Fund Source (if known):
Initials
1 Meeting Date I Prepared by 1 Mayor's review 1 Council review
2/9/04 I I 1 \72
I I I
I I I
I i I
Meeting Date
2/9/04
Council
2/17/04
The Washington State Department of Transportation would like the City to either purchase
the 1 acres of land along the river (behind the Helen Nelson property) or withdraw our
original offer. It is the opinion of the Parks Recreation Department to be a solid land
investment for the low purchase price.
Admin. Parks Recreation
Purchase the riverfront land from WSDOT.
Same as sponsor
Same as sponsor
$38,700.00 (plus $24.00 recording fee and excise tax affidavit fee).
$19,000 from ending fund balance and $19,000 Macadam Wetland Garden phase II.
Attachments
Memo from Bruce Fletcher dated 1/21/04 (and ma p)
CAP minutes dated 1/27/04
ITEM NO.
4, a,
Cc: Rhonda Berry
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: Bruce Fletcher, Director of Parks and Recreation
DATE: January 21, 2004
SUBJECT: Purchase of WSDOT Property
Back in 1997, past Director Don Williams worked with representatives of the Helen
Nelson Family Residence Historic Trust and the Washington State Department of
Transportation (WSDOT) in order to purchase 1+ acres along the Green River on the east
bank just south of I -405. There was much discussion of the property value, but after
several months of negotiations and acquiring a land appraisal, the agreed upon price was
$43,000. (The State insists the property is closer to a $300,000 commercial value).
David Weitl, President of Northwest Realty Advisors, Inc, was representing the Nelson
trust. Mr. Weitl was interested in granting an exchange of easements by the Nelson Trust
and the City. Mr. Weitl then would move the Helen Nelson House and prepare for a
future hotel to be built on the current Nelson house location. The Nelson Trust would
reimburse the City for the cost of the property in exchange for the easements to cross the
new City property and would remove a deed restriction prohibiting a pedestrian trail
along the Best Western hotel. Northwest Realty was unable to continue with the future
hotel development during the economic downturn back in the year 2000. The project was
put on hold indefmitely.
The Washington State Department of Transportation has contacted the City and has asked
that the City either purchase the land in the amount of $38,700 ($4,300 payment was
made in 2000) or give up the right to purchase the WSDOT land.
After discussing the land purchase with the Directors of Public Works, DCD and
Finance, the overwhelming recommendation is to purchase the riverfront land
immediately. The potential benefits of this land and the extremely low purchase price
make the sale a solid City investment. The land is also located in the TUC and TOD and
could be used for a pocket park, landing area for a pedestrian bridge or a continuation of
our trail system.
The Disposal Manager for WSDOT would like to clear up this transaction by the end of
February. I would like to further discuss this potential purchase at the CAP, followed by
a discussion at the February 9 COW.
7
9
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78'
Community and Parks Committee
January 27, 2004
Present: Pam Linder, Chair; Dave Fenton
Bruce Fletcher, Rhonda Berry, Lucy Lauterbach
1. Resolution Sunnortine Local School Levy A draft resolution supporting the Tukwila
School District levy was discussed. Pointing out that it is a four year levy, the Committee
members thought the issue was one they would support. They recalled having supported several
levies in past years. Recommend resolution to Council.
2. Purchase of WSDOT Property In 1997 Don Williams was working on a switch of property
the City had for some WSDOT property near the river just south of I -405. After much
negotiating including siting of some Helen Nelson easements and property, the price for the
WSDOT property was agreed on as $43,000. After a proposed new hotel deal fell through due to
the failing economy, the project was dropped. WSDOT has now asked the City if we want to buy
the property or not. Though Parks would like to buy the property for the $38,700 asking price,
they do not have the funds to do so. Alan said the money might come from the ending fund
balance, but he would rather it came out of something else in the Parks budget. The Committee
agreed with Bruce that it was a valuable piece of land for not much money. The Committee
recommended it be taken partly from the Macadam wetland project beyond six years, and partly
from ending fund balance. Approval of property purchase.
3. Foster Golf Clubhouse Change Order Bruce and Pam L described the problem of the
sewer line at Foster Golf Course. The Utilities Committee had been advised about this issue
earlier. One problem was that it was found very late in the planning process that the sewer might
be a problem, so some but not much money for sewer was put into the clubhouse budget. Later
inspection found that the entire line was in need of replacement due to sags and leaks. Since the
very expensive price was calculated, it looks like some money may be saved as no water has
filled the exposed trench that was dug so far. The Committee and staff agreed that the state of the
sewer should have been discovered and planned for earlier in the process, but that now the best
process is to go ahead with the sewer replacement. Information.
4. Parks Information Bruce passed out a sheet detailing some of the Parks issues. A perennial
issue is park maintenance, and with Fort Dent and Cascade being added to an already tight staff's
work, there are many stresses on Parks workers. Bruce pointed out the projects such as winter
garden or development of Grandmother's Hill that might have to be added at some point. The
Committee requested a monthly written update on Parks, starting at the 2/24/04 meeting. The
intent of this is to be able to identify problems early and take appropriate action. Pam said they
were interested in seeing our new parks get off to a good start while keeping the existing ones on
track. The Committee again praised the Parks staff, and wanted Bruce to thank his Park
Maintenance staff especially. Information.
9 1 Committee chair approval
CAS Number: 04-015
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if known):
Fund Source (if known):
1 Meeting bate
1 2/09/04
Meeting Date
2/09/04
COUNCIL AGENDA SYNOPSIS
Meeting Date
02/09/04
Council
None.
Initials
Prepared by 1 Mayor's review 1 Council review 1
PB C crcis i %Till
C1 1
Iglis4W RMATION
Original Agenda Date: February 9, 2004
Agenda Item Title: Resolution designating representatives for the Metropolitan Water Pollution
Abatement Advisory Committee (MWPAAC).
Admin. Public Works
Adopt Resolution designating representatives to the MWPAAC.
Forward to COW and to Regular Council for approval.
Action
Attachments
Information Memo dated January 28, 2004 (Changed from UC)
Resolution
Resolution 1415
Utilities Committee Meeting Minutes from February 3, 2004
ITEMNO.
4 b
This resolution will continue to designate the Public Works Director as the City's
representative to the MWPAAC and change the alternate to the City's Operations Manager,
Pat Brodin. It also updates the Committee's address. This will replace Resolution 1415.
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, DESIGNATING JIM
MORROW AS REPRESENTATIVE, OR PAT BRODIN
AS ALTERNATE, TO SERVE ON THE METROPOLITAN
WATER POLLUTION ABATEMENT ADVISORY
COMMI I I'1;E (MWPAAC).
WHEREAS, RCW 35.58.210 provides for each metropolitan municipal
corporation authorized to perform water pollution abatement to establish a Metropolitan
Water Pollution Abatement Advisory Committee to be composed of representatives of
each component city and county within such metropolitan municipal corporation; and
WHEREAS, the City of Tukwila has officially designated a representative to said
committee; and
WHEREAS, the City Council of the City of Tukwila finds it to be in the interest
of the City of Tukwila to be represented on said Metropolitan Water Pollution Abatement
Advisory Committee;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Jim Morrow is hereby designated as the representative of the City of
Tukwila to the Metropolitan Water Pollution Abatement Advisory Committee, and Pat
Brodin is hereby designated as alternate to said committee.
Section 2. A conformed copy of this resolution shall be forwarded to the
Metropolitan Water Pollution Abatement Advisory Committee in care of Bob Hirsch,
King County Denartment of Natural Resources. M.S_ KSC -NR -0501. 201 South
Jackson Street. Seattle WA 98104 -3855.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a Regular Meeting thereof this day of 2004.
To: Mayor Mullet
From: Public Works Director
Date: January 28, 2004
Subject: MWPAAC Staff Representation for 2004
ISSUE
Continue to designate the Public Works Director as the City's representative to the
Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) and designate the
City's Operations Manager as the alternate.
BACKGROUND
Attached is the resolution that will update Tukwila's representation at the regional MWPAAC
meetings. This officially confirms the City's authorization for voting on issues while at the
meetings. Pat Brodin has been involved with MWPAAC for some time and works with many
of the same people that work on regional water issues such as those through CWA. Pat will
report issues to the Public Works Director as before but this will allow for Pat to operate in a
more official role as the alternate.
RECOMMENDATION
Forward resolution to Council for approval.
PB
attachments
ryatia%UC 020304 MWPMC)
INFORMATION MEMO
and
City of Tukwila
Washington
Resolution No. MOS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, DESIGNATING JIM MORROW AS
REPRESENTATIVE, OR BRIAN SHELTON AS ALTERNATE, TO
SERVE ON THE METROPOLITAN WATER POLLUTION
ABATEMENT ADVISORY COMMITTEE (MWPAAC).
WHEREAS, RCW 35.58.210 provides for each metropolitan municipal corporation
authorized to perform water pollution abatement to establish a Metropolitan Water Poiludon
Abatement Advisory Committee to be composed of representatives of each component city and
county within such metropolitan municipal corporation; and
WHEREAS, the City of Tukwila has officially designated a representative to said committee;
WHEREAS, the City Council of the City of Tukwila finds it to be In the interest of the City
of Tukwila to be represented on said Metropolitan Water Pollution Abatement Advisory
Committee;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Jim Morrow is hereby designated as the representative of the City of Tukwila to
the Metropolitan Water Pollution Abatement Advisory Committee, and Brian Shelton is hereby
designated as alternate to said committee.
Section 2. A conformed copy of this resolution shall be forwarded to the Metropolitan
Water Pollution Abatement Advisory Committee in care of Lida Anderson, King County,
Wastewater Treatment Division, 821 Second Ave., M.S. 82, Seattle, WA 98104.
PASSED BY THE CITY COUNCIL OF TFIE CITY OF TJJKWILA, WASHINGTON, at a
Regular Meeting thereof this day of nt e �s..r; fir) 1y99.
l 2
ATTEST /AUTHENTICATED:
a e E. Cantu, Clerk
APPROVED AS T FORM:
By: �r��
Office of the City
Flied with the City Clerk el- aS 99
Passed by the City Council: -9 99
Resolution Number /41 /S
MWPAACDOC I/499
]Sve Fenton, Emrich President
Utilities Committee
2/3/4
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, bob Giberson, Gail Labanara, Pat Brodin, Mike
Cusick, Ryan Larsen, Lucy Lauterbach
1. Lift Station 12 Pump Upgrade Lift Station 12 is near Strander on Andover West. It is a
major station, and it needs to be updated. Last winter a bypass was put in that will allow
temporary pumping while new pumps, motors, and electrical controls are installed. This project
has been carefully planned, as it is the station that handles the mall and much of the CBD. The
low bidder had to be disqualified because he didn't handle a change the city sent out. The second
lowest bidder, Gary Harper, bid the project at $233,789.44, when the engineer's estimate was
$162k. In reviewing bids, staff found nothing they'd done wrong; each bid had high costs for
different items. There is money in the budget because staff didn't improve Lift Station 7 near the
Wade Cook building. Recommend reiecting low bid; award bid to Gary Harner to a COW
2. Water and Sewer Comp Plan Updates Updates for the two plans are scheduled for this
year. Because they are updates, they are not major studies. Economic and Engineering Services
was chosen from a short list of engineering firms. They have worked in Washington, Oregon and
Alaska. Choosing them wasn't easy, as another firm was also good. The Committee asked if
these Plans would be in the Comprehensive Plan. The answer was that they will stand on their
own, but will be used to put a short version as part of the Comp Plan. Authorize the mayor to
negotiate contract with Economic and Engineering_ Services. Inc of Bellevue.
3. MWPAAC Contract MWPAAC addresses Water Pollution Abatement. It's an association
of cities that advise Metro King County on sewer issues. The Committee recommended a
resolution changing Tukwila's alternative representative to MWPAAC. Recommend resolution
to COW.
4. Ditch Drainage Issue This issue was deferred to another meeting.
5. Flood Plain Management Ordinance W need to update the Flood Plain Management
Ordinance, which was last updated in 1988. The only real change besides some clarifying
language, was a section addressing manufactured homes in the floodplain. Tukwila doesn't have
any, but Ecology wanted it in our ordinance. The Committee looked at a flood map that staff
uses with the public when someone wants to build in the flood plain. It basically follows the
river, though some other low lying flood spots that typically hold water are also included.
Recommend ordinance to COW.
6. Future Agenda Items 2004 looks like it will be a very busy year for this Committee. Staff
had listed 14 projects the Committee will have during the year in addition to the regular contracts
and permits. The Committee added looking at Gilliam Creek because Dennis heard the pipes
under the apartments there are undersized and aging. They also talked about adding Low Impact
Surface Water solutions. Impact fees and how they are set will be a major issue. Dennis will try
to frame questions about connectivity to clarify decisions. There are marks on trees on S. 154
and on Macadam; staff will find out why. Information.
DRAFT
Committee chair approval
DRAFT
I CAS Number: 04-016
Agenda Item Title:
Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
I Cost Impact (if known):
I Fund Source (if known):
Meeting Date
2/09/04
I I
ar m. r .F
1 Meeting Date
1 2/09/04
COUNCIL AGENDA SYNOPSIS
Meeting Date
2/9/04
Adopt Ordinance amending TMC Chapter 16.52 regarding Flood Plain Management
and repeal Ordinance Nos. 1462, 1499, 177011, 1790, and 1838 2 (Partial).
Council Admin. Public Works
The Flood Plain Management Ordinance was last updated in 1988. Department of Ecology has
reviewed and approved the draft ordinance and the SEPA process was completed on
December 12, 2003. This ordinance defines the Director's responsibilities for administration,
development review, information management, watercourse alteration and clarifies
requirements and standards for manufactured homes.
Adopt Ordinance to update Flood Plain Management.
Forward to COW and then Regular Council for adoption.
Same as sponsor.
I
Initials
Prepared by 1 Mayor's r iew 1 Council review 1
RL-Sgra 1.-17
2
f"t.�� #APFENDICES
L.) I
I I I
I I I
Attachments
'Information Memo dated January 28, 2004
SEPA Determination dated December 12, 2003
Ordinance
I Utilities Committee Meeting Minutes from February 3, 2004
M INFORMATION
Original Agenda Date: February 9, 2004
ITEMNO.
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directo
y
Date: January 28, 2004
Subject: Flood Plain Management Ordinance
ISSUE
The current Flood Plain Management Ordinance was passed in 1980 and updated in 1988. On
June 21, 2002, a Department of Ecology representative met with Public Works representatives
and indicated that the City must update its current Flood Plain Management Ordinance.
BACKGROUND
Public Works used the State's model flood ordinance as the backbone for this ordinance and
sent the draft ordinance to Department of Ecology for review and approval. The proposed
ordinance was approved by DOE and was presented to the Utility Committee on October 7,
2003. The SEPA process was completed on December 12, 2003.
DISCUSSION
Both the current ordinance and the draft ordinance include standards and provisions that
encourage sound flood plain management allowing property owners to obtain flood insurance
at a more affordable rate.
The draft ordinance clarifies requirements for anchoring manufactured homes, defines the
Director's responsibilities for administration, development review, information management,
and watercourse alteration. It also spells out required permit information and sets development
standards such as anchoring, material and methods, and utilities for subdivisions, residential
and manufactured homes, critical facilities, and nonresidential construction.
New items include anchoring requirements for recreational vehicles (16.52.100B.4.) and
defined penalties for violation of the ordinance (16.52.130).
RECOMMENDATION
Forward to Committee of the Whole for discussion and then on to Regular Council for final
approval.
attachments: SEPA Determination dated December 12, 2003
Draft Ordinance
>r 020304 Flom win ad>
4.." 1LA'
0 2 1 City of Tukwila
o, v4,- i
oh Department of Community Development
To:
PROJECT:
FILE NUMBERS:
ASSOCIATED FILES:
APPLICANT:
REOUEST:
LOCATION:
NOTICE OF DECISION
Jim Morrow, Director, Department of Public Works
Federal Emergency Management Agency
State Department of Ecology, SEPA Division
This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a
Determination of Non significance (DNS) for the above project based on the environmental
checklist.
Project materials including the application, any staff reports, and other studies related to the
permits are available for inspection at:
Tukwila Department of Community Development
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Monday through Friday, 8:30 a.m. 5 :00 p.m.
The project planner is Carol Lumb, who may be contacted at (206) 431 -3661 for further
information.
The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use
Decisions, Revised Code of Washington (RCW 36.70C).
c:Mydocs/Flood Control Zone Ord./ldotDec.doc
Steven M. Mullet, Mayor
Steve Lancaster, Director
December 12, 2003
Proposed Flood Control Zone Ordinance
E03 -026
None
City of Tukwila Department of Public Works
Environmental review of proposed ordinance updating the City's flood
control zone regulations to bring City's regulations into compliance with
current Federal Emergency Management Agency (FEMA) requirements.
All flood prone lands throughout the City
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206-431-3665
City of Tukwila
Department of Community Development 6300 Southcenter BL, Suite 100 Tukwila, WA 98188 (206) 431 -3670
DETERMINATION OF NON SIGNIFICANCE (DNS)
File Number:
Applied:
Issue Date:
Status:
E03 -026
11/06/2003
12/12/2003
ISSUED
Proponent: TUKWILA DEPT. OF PUBLIC WORKS
Description of Proposal:
PROPOSED UPDATE OF FLOOD CONTROL ZONE ORDINANCE
Location of Proposal:
Address:
Parcel Number:
Section/Township /Range: CITY -WIDE
'cti-rc
Steve Lancaster, Responsible Official
City of Tukwila
6300 Southcenter Blvd
Tukwila, WA 98188
(206)431 -3670
dot. Mlscpenn
Lead Agency: City of Tukwila
The City has determined that the proposal does not have a probable significant adverse Impact on the environment.
An environmental impact statement (EIS) is not requited under RCW 43.21 c.030(2) (c). This decision was made after
review of a completed environmental checklist and other information on file with the lead agency. This information is
available to the public on request.
1 2 -►2
Date
My appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to
create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall
be commenced within the time period to appeal the governmental action that is subject to environmental review.
(RCW 43.21C.075)
E03.026 Printed: 12 -12 -2003
WHEREAS, flood hazard areas in Tukwila are subject to periodic inundation which may
result in loss of life or property, may create health or safety hazards, may disrupt commerce or
governmental services, may cause extraordinary public expenditures for flood protection and
relief, or might impair the tax base, all of which adversely affect the public health, safety, and
general welfare; and
WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in
areas of special flood hazards that increase flood heights and velocities, and damage uses in
other areas when inadequately anchored; and
WHEREAS, uses that are inadequately flood proofed, elevated or otherwise protected
from flood damage can contribute to losses due to flooding; and
WHEREAS, the Legislature of the State of Washington delegated the responsibility to
Local governmental units of adopting regulations designed to promote the public health,
safety, and general welfare of its citizenry; and
WHEREAS, the legislature of Washington State, in Title 86 of the Revised Code of
Washington, has authorized local governmental agencies to regulate use and development of
flood hazard areas within their jurisdictions in order to reduce such hazards; and
WHEREAS, continued participation by the City of Tukwila in the National Flood
Insurance Program requires adoption of flood plain management standards and a flood plain
construction permit process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Flood Plain Management. Chapter 16.52 of the Tukwila Municipal Code is
hereby amended to read as follows:
16.52.010 Authority
The Legislature of the State of Washington delegated the responsibility to the City of
Tukwila to adopt regulations designed to promote the public health, safety and general
welfare of its citizenry.
16.52.020 Purpose
This ordinance aims to promote the public health, safety and general welfare, and to
minimize public and private losses due to flood conditions in specific areas, by provisions
designed to:
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M I IA VT
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING
CHAPTER 16.52 OF THE TUKWILA MUNICIPAL CODE REGARDING FLOOD
PLAIN MANAGEMENT AND FLOOD DAMAGE PREVENTION POLICIES
REQUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD
INSURANCE PROGRAM; REPEALING ORDINANCE NOS. 1462, 1499, 1770 §11,
1790, AND 1838 §2 (PARTIAL); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
1. Protect human life and health;
2. Minimize expenditure of public money and costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
7. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
16.52.030 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this ordinance
its most reasonable application.
1. "A" means a zone on the Flood Insurance Rate Map (FIRM) where flooding is known
to occur but no flood elevation has been determined.
2. "AH" means a zone on the Flood Insurance Rate Map (FIRM) characterized by base
flood depths from one to three feet, having no clearly defined channel or having an
unpredictable and indeterminate channel, and where velocity flow may be evident. AH
indicates ponding.
3. "AE" means a zone on the Flood Insurance Rate Map (FIRM) where base flood
elevations are determined and are shown on the map.
4. "Appeal" means a request for a review of the interpretation of any provision of this
ordinance or a request for a variance.
5. "Base Flood" means the flood having a one percent chance of being equaled or
exceeded in any given year; it is also referred to as the 100 -year flood." Its designation on
maps always includes the letter A.
6. "Basement" means any area of the building having its floor subgrade (below ground
level) on all sides.
7. "Critical Facility" means a facility for which even a slight chance of flooding might be
too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals,
police, fire and emergency response installations, and installations which produce, use or store
hazardous materials or hazardous waste.
8. "Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations, and storage of equipment or materials located
within the area of special flood hazard.
9. "Director" means the Director of the Public Works Department or his designee.
10. "DOE" means the Department of Ecology.
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11. "Elevated Building" means for insurance purposes a non basement building which
has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts,
piers, pilings or columns.
12. "Existing Manufactured Home Park or Subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before 1981, the effective date of the Tukwila's original floodplain management
regulations.
13. "Expansion to an Existing Manufactured Home Park or Subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed, including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads.
14. "FBFM" means Flood Boundary/ Floodway Map.
15. "FZCP" means Flood Zone Control Permit.
16. "FEMA" means Federal Emergency Management Agency.
17. "FIRM" means Flood Insurance Rate Map.
18. "Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
a. The overflow of inland or tidal waters, and /or
b. The unusual and rapid accumulation of runoff of surface waters from any source.
19. "Flood Zone" means any area designated as special flood hazard or flood prone, or
any area within the shoreline per the Tukwila Municipal Code.
20. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
21. "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary Floodway Map, and the
water surface elevation of the base flood.
22. "Flood- Prone" means any land area susceptible to flooding not shown on FIRMS but
designated as flood -prone by the Director, using best available information.
23. "Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
24. "Lowest Floor" means the lowest floor of the lowest enclosed area (including
basement). If an unfinished or flood resistant enclosure is used solely for vehicle parking,
building access or storage, if this enclosure is in an area other than a basement, and if this
enclosure is built so that the structure meets the applicable non elevation design requirements
for nonresidential construction, the enclosure is not considered the structure's lowest floor.
25. "Manufactured Home" means a structure, transportable in one or more sections, built
on a permanent chassis and designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
26. "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
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27. New Construction" means structures for which the "start of construction"
commenced on or after 1981, the effective date of Tukwila's original floodplain management
regulations.
28. "New Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities including streets, utilities and concrete
pads is completed on or after 1981, the effective date of Tukwila's original floodplain
management regulations.
29. "NFIP" means National Flood Insurance Program.
30. "Recreational Vehicle" means a vehicle that is:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projections;
c. Designed to be self propelled or permanently towable by a light duty truck; and
d. Designed primarily for use as temporary living quarters for recreational,
camping, travel or seasonal use.
31. "Shallow Flooding Area" means a designated AO or AH zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity
flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
32. "Special Flood Hazard Area" means the land in the flood plain subject to a 1% or
greater chance of flooding in any given year. It is also referred to as the 100 -year flood
elevation or the base flood elevation. These areas are designated on Flood Insurance Rate
Maps (FIRMs) using the letters A or V. Special flood hazard areas include flood -prone areas
designated by the City.
33. "SFHA" means Special Flood Hazard Area.
34. "Start of Construction" includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement occurred within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets andj or walkways; nor does it include
excavation for a basement, footings, piers or foundations, or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of'any wall, ceiling,
floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
35. "Structure" means a walled and roofed building, including a gas or liquid storage tank
that is principally above ground.
36. "Substantial Damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or exceed 50%
of the market value of the structure before the damage occurred.
37. "Substantial Improvement
a. "Substantial Improvement" means any repair, reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the
assessed value of the structure, either:
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(1) Before the improvement or repair is started, or
(2) Before damage occurred, if the structure is being restored.
b. For the purposes of this definition, "substantial improvement" occurs when the
first alteration of any wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure.
c. "Substantial improvement" does not include:
(1) Any improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which is solely necessary to assure safe living conditions,
nor
(2) Any alteration of a structure listed on the national Registry of Historic Places
or a State inventory of historic places.
16.52.040 Applicability
This ordinance applies to all special flood hazard areas within the City of Tukwila
jurisdiction.
16.52.050 Special Flood Hazard Areas
The basis for special flood hazard areas identified by the Federal Insurance
Administration is a scientific and engineering report entitled "The Flood Insurance Study for
King County, Washington, dated December 6, 2001, and any revisions thereto, with an
accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, hereby adopted
by reference and declared to be a part of this ordinance. The Flood Insurance Study and the
FIRM are on file at 6300 Southcenter Boulevard, Suite 100. The best available information for
flood hazard area identification as outlined in TMC 16.52.080B.2 shall be the basis for
regulation until a new FIRM is issued which incorporates this data.
16.52.060 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
16.52.070 Liability
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by man -made or natural
causes. This ordinance does not imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood damages. This ordinance
shall not create liability on the part of the City of Tukwila, any officer or employee thereof, or
the Federal Insurance Administration for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
16.52.080 Administration
A. The Public Works Director is hereby appointed to administer and implement this
ordinance by granting or denying development permit applications in accordance with its
provisions. The Director may:
1. Restrict or prohibit uses which might create a danger to health, safety and
property due to water or erosion hazards, or which might increase erosion, flood heights or
flood velocities;
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2. Require that uses vulnerable to floods, including facilities serving such uses, be
constructed to protect against flood damage;
3. Control the alteration of surface water features such as natural flood plains,
stream channels and natural protective barriers that retain or channel flood waters;
4. Control filling, grading, dredging and other development which may increase
flood damage; and
5. Prevent or regulate the construction of flood barriers that would unnaturally
divert floodwaters or that might increase flood hazards in other areas.
B. The Director's duties shall include, but shall not be limited to:
1. Permit Review
a. Review all development permits to determine that the permit requirements of
this ordinance have been satisfied.
b. Review all development permits to determine that all necessary permits have
been obtained from those Federal, State or local governmental agencies from which prior
approval is required.
c. Review all development permits to determine if the proposed development is
located in the floodway, and ensure that the encroachment provisions of TMC 16.52.100,
"Floodways" are met.
2. Special Flood Hazard Area
a. When base flood elevation data has not been provided in A zones, the
Director shall obtain, review, and reasonably utilize any base flood elevation and floodway
data available from a Federal, State or other source, in order to administer 16.52.100.
b. Where flood elevation data is not available either through the Flood
Insurance Study, FIRM, or from another authoritative source, the Director shall review
applications for building permits to assure that proposed construction will be reasonably safe
from flooding. The test of reasonableness is a local judgment and includes use of historical
data, high water marks, photographs of past flooding, etc., where available. Failure to elevate
at least two feet above the highest adjacent grade in these zones may result in higher insurance
rates.
c. Where needed, the Director shall interpret exact location of the boundaries of
the areas of special flood hazards for example, where there appears to be a conflict between a
mapped boundary and actual field conditions. The Director shall provide the person
contesting the boundary location a reasonable opportunity to appeal the interpretation. Such
appeals shall be granted consistent with the standards of Section 60.6 of the Rules and
Regulations of the National Flood Insurance Program (44 CFR 59 -76).
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3. Watercourse Alteration
a. Notify adjacent communities and the Department of Ecology (DOE) prior to
any alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
b. Require that maintenance be provided within the altered or relocated portion
of said watercourse so that the flood carrying capacity is not diminished.
4. Information Management
a. Where base flood elevation data is provided through the Flood Insurance
Study, FIRM, or required as in TMC 16.52.080 5.2, obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor of all new or substantially improved structures,
and ascertain whether or not the structure contains a basement.
b. For all new or substantially improved flood- proofed structures where base
flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in
TMC 16.52.080 B.2:
(1) Obtain and record the elevation (in relation to mean sea level) to which
the structure was flood proofed, and
(2) Maintain the flood- proofing certifications required in TMC 16.52.090 B.3.
c. Maintain for public inspection all records pertaining to the provisions of this
ordinance.
16.52.090 Permits
A. A Flood Zone Control Permit (FZCP) shall be obtained before construction or
development begins within any area of special flood hazard established in TMC 16.52.050.
B. Application for an FZCP shall be submitted with the project application for a
Shoreline Permit, plat or subdivision permit, or a Building Permit, whichever comes first.
C. An FZCP is a Type 1 permit processed pursuant to TMC 18.108.010.
D. Application for an FZCP shall be made on forms furnished by the City and shall meet
the City's standards for plan submittals. The Applicant must provide the following
information:
1. Elevation in relation to mean sea level, of the lowest floor of all structures;
2. Elevation in relation to mean sea level to which any structure has been flood
proofed;
3. Certification by a registered professional engineer or architect that the flood
proofing methods for any nonresidential structure meet the flood proofing criteria in TMC
16.52.100 B.2; and
4. Description of the extent to which a watercourse will be altered or relocated as a
result of proposed development.
16.52.100 Standards
A. GENERAL STANDARDS In all areas of special flood hazards, the following
standards are required:
1. Elevation: Where flood elevation data is not available, either through the FIRM
or from another authoritative source, all new construction and substantial improvements shall
be elevated at least two feet above the highest adjacent grade.
2. Anchoring:
a. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
b. All manufactured homes must likewise be anchored to prevent flotation,
collapse or lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over the -top or
frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood
Hazard Areas" guidebook for additional techniques).
a. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
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3. Construction Materials and Methods:
b. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
c. All new construction and substantial improvements on slopes shall have
drainage paths to guide floodwaters around and away from proposed structures.
d. Electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities shall be designed and /or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
damage;
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4. Utilities:
a. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems;
b. A proposed water well shall be approved by Department of Ecology (WAC
173460 -171);
c. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from the systems into
flood waters; and
d. Onsite waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
5. Subdivisions:
a. All subdivision proposals shall be consistent with the need to minimize flood
b. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize or eliminate
flood damage;
c. All subdivision proposals shall have adequate drainage provided, to reduce
exposure to flood damage; and,
d. Where base flood elevation data has not been provided or is not available
from another authoritative source, it shall be generated for subdivision proposals and other
proposed developments that contain at least 50 lots or 5 acres (whichever is less).
B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood
elevation data has been provided, the following provisions are required:
1. Residential Construction:
a. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot or more above the base
flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect, and must meet or
exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
2. Nonresidential Construction:
a. New construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest floor, including basement,
elevated one foot or more above the base flood elevation, or together with attendant utility
and sanitary facilities, shall:
(1) Be flood proofed so that below one foot or more above the base flood level
the structure is watertight with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect that the
design and methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection, based on that engineer's or architect's development
and/ or review of the structural design, specifications and plans.
b. Nonresidential structures that are elevated, not flood proofed, must meet the
same standards for space below the lowest floor as described in TMC 16.52.100 B.1.b., for
residential construction.
c. The City shall notify applicants who propose to flood -proof nonresidential
buildings that flood insurance premiums will be based on rates that are one foot below the
flood proofed level (e.g. a building flood proofed to the base flood level will be rated as one
foot below).
3. Manufactured Homes:
a. All manufactured homes to be placed or substantially improved on sites,
outside of a manufactured home park or subdivision, in a new manufactured home park or
subdivision, in an expansion to an existing manufactured home park or subdivision, or in an
existing manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood, shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated one foot or more above the base
flood elevation and be securely anchored to an adequately designed foundation system to
resist flotation, collapse and lateral movement.
b. Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision that are not subject to the above
manufactured home provisions be elevated so that either:
(1) The lowest floor of the manufactured home is elevated one foot or more
above the base flood elevation, or
(2) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately designed foundation system to resist
flotation, collapse and lateral movement.
4. Recreational Vehicles: Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fully licensed and ready for highway use, on its wheels or jacking system,
be attached to the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
c. Meet the requirements for manufactured homes, including the elevation and
anchoring requirements for manufactured homes.
C. GREEN RIVER In addition to the general and specific standards in the section, the
following standards apply to all areas adjacent to the Green River:
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1. Construction /Reconstruction of Dikes /Levees As part of the floodproofing for
developments adjacent to the Green River through Tukwila, construction or reconstruction of
the dike /levee system, in accordance with dike /levee plans and engineering studies, and in
accordance with the Green River Management Agreement (AG No. 85 -043), will be required as
part of the plan submittal.
2. If dike /levee improvements are not required, and the natural riverbank is
allowed as bank protection, then a river bank stability analysis shall be provided to the Public
Works Department for review as part of the plan submittal.
3. Dedication of levee /dike /riverbank access construction and maintenance
easements on all properties adjacent to the Green River shall, as part of their development,
dedicate construction and maintenance easements for access and maintenance of existing or
future dikes /levees /riverbanks along the Green River as part of their plan submittal. These
easements shall be provided in such a manner so that immediate access is allowed from other
public rights -of -way for maintenance and construction of dikes /levees.
16.52.110 Floodways
A. Floodways are located within special flood hazard areas. Floodwaters within
floodways are extremely hazardous due to high flow velocities. These waters carry debris and
potential projectiles, and have a high potential for erosion.
B. The following provisions apply to floodways within the City:
1. Variances shall not be issued for proposals within a designated floodway, if any
increase in flood levels during the base flood discharge would result.
2. Prohibit encroachments, including fill, new construction, substantial
improvements and other development, unless a registered professional engineer certifies
through hydrologic and hydraulic analyses, performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in
flood levels during the occurrence of the base flood discharge.
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4. Allow repairs, reconstruction or improvements to residential structures, as long
as the structure's ground floor area does not increase and the cost of the work does not exceed
50% of the market value of the structure either:
occurred.
3. Prohibit construction of new residential structures.
a. before the repair, or reconstruction is started, or
b. if the structure has been damaged, and is being restored, before the damage
Any project to correct existing violations of state or Local health, sanitary or
safety code specifications identified by the Code Enforcement Official and which are the
minimum necessary to assure safe living conditions, or to structures identified as historic
places, shall not be included in the 50
C. If proposed work satisfies TMC 16.52.100 B. 1-4, all new construction and substantial
improvements shall comply with all applicable standards in TMC 16.52.100.
16.52.120 Critical Facility
Construction of new critical facilities shall be, to the extent possible, Located outside the
limits of the Special Flood Hazard Area (SFHA). The Director may permit construction of a
new critical facility within the SFHA if no feasible alternative is available. Critical facilities
constructed within the,SFHA shall have the lowest floor elevated three feet above base flood
elevation or elevated to the 500 -year flood elevation, whichever is higher. Flood- proofing and
sealing measures must be taken to ensure that toxic substances will not be displaced by or
released into floodwaters. Access to and from the critical facility should also be protected to
-10-
the height utilized above. Access routes elevated to or above the level of the base flood
elevation shall be provided to all critical facilities to the extent possible.
16.52.120 Penalties
No structure or land shall hereafter be constructed, located, extended, converted or altered
without hill compliance with the terms of this ordinance and other applicable regulations.
Violations of the provisions of this ordinance by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply
with any of its requirements shall upon conviction thereof be fined not more than $1000.00, or
imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the City of
Tukwila from taking such other lawful action as is necessary to prevent or remedy any
violation.
16.52.120 Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 2. Repealer. Ordinance Nos. 1462, 1499, 1770 §11, 1790 and 1838 §2 (partial) are
hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in hill force five days after passage
and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2004.
ATTEST AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Utilities Committee
2/3/4
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, bob Giberson, Gail Labanara, Pat Brodin, Mike
Cusick, Ryan Larsen, Lucy Lauterbach
1. Lift Station 12 Pumn Upgrade Lift Station 12 is near Strander on Andover West. It is a
major station, and it needs to be updated. Last winter a bypass was put in that will allow
temporary pumping while new pumps, motors, and electrical controls are installed. This project
has been carefully planned, as it is the station that handles the mall and much of the CBD. The
low bidder had to be disqualified because he didn't handle a change the city sent out. The second
lowest bidder, Gary Harper, bid the project at $233,789.44, when the engineer's estimate was
$162k. In reviewing bids, staff found nothing they'd done wrong; each bid had high costs for
different items. There is money in the budget because staff didn't improve Lift Station 7 near the
Wade Cook building. Recommend rejecting low bid: award bid to Gary Harper to a COW
2. Water and Sewer Comp Plan Updates Updates for the two plans are scheduled for this
year. Because they are updates, they are not major studies. Economic and Engineering Services
was chosen from a short list of engineering firms. They have worked in Washington, Oregon and
Alaska. Choosing them wasn't easy, as another firm was also good. The Committee asked if
these Plans would be in the Comprehensive Plan. The answer was that they will stand on their
own, but will be used to put a short version as part of the Comp Plan. Authorize the mayor to
negotiate contract with Economic and Engineering Services. Inc of Bellevue.
3. MWPAAC Contract MWPAAC addresses Water Pollution Abatement. It's an association
of cities that advise Metro King County on sewer issues. The Committee recommended a
resolution changing Tukwila's alternative representative to MWPAAC. Recommend resolution
to COW,
4. Ditch Drainage Issue This issue was deferred to another meeting.
5. Flood Plain Management Ordinance W need to update the Flood Plain Management
Ordinance, which was last updated in 1988. The only real change besides some clarifying
language, was a section addressing manufactured homes in the floodplain. Tukwila doesn't have
any, but Ecology wanted it in our ordinance. The Committee looked at a flood map that staff
uses with the public when someone wants to build in the flood plain. It basically follows the
river, though some other low lying flood spots that typically hold water are also included.
Recommend ordinance to COW.
DRAFT
6. Future Agenda Items 2004 looks like it will be a very busy year for this Committee. Staff
had listed 14 projects the Committee will have during the year in addition to the regular contracts
and permits. The Committee added looking at Gilliam Creek because Dennis heard the pipes
under the apartments there are undersized and aging. They also talked about adding Low Impact
Surface Water solutions. Impact fees and how they are set will be a major issue. Dennis will try
to frame questions about connectivity to clarify decisions. There are marks on trees on S. 154
and on Macadam; staff will find out why. Information.
Committee chair approval
DRAFT
CAS Number: 04-017
Agenda Item Title:
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if known):
Fund Source (if known):
IT fin
1 Meeting Date 1
1 2/09/04
Meeting Date
2/09/04
COUNCIL AGENDA SYNOPSIS
Meeting Date
2/09/04
Initials
Prepared by I Mayor's review I Council review I
MCQg't'gI 1 J t-
V 1 I, I
I I I
I I I
ITEM, INFORMATION
O t 7 I Original Agenda Date: February 9, 2004
Bid Award for Sewer Lift Station No. 12 Pump Upgrade and Generator Project
and Resolution rejecting nonresponsive bidder.
Council Admin. Public Works
This project will install new pumps and a generator at Lift Station No. 12 (located in the mall
parking lot). The project was advertised on December 8 and 15 and six bids were received and
opened on January 9, 2004. The low bid from Sefnco, Inc. is considered nonresponsive for not
submitting the proper bid proposal form. The second low bid of $233,789.44 is from Gary
Harper Construction, Inc. Recommend award bid to Gary Harper Construction.
Award contract to Gary Harper Construction and adopt resolution rejecting SEFNCO.
Forward to COW and then Regular Council.
Same as Sponsor.
$233,789.44
403/02 Sewer Fund (pg. 102 2004 CIP)
OFTOU lVCII "A
Action
r AP PgNIDIC ES
Attachments
Information memo dated January 26, 2004
Bid tabulation
Resolution
Utilities Committee Minutes from February 3, 2004
ITEMNO.
ANALYSIS
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directo
Date: January 26, 2004
Subject: Sewage Lift Station No. 12 Piano Upgrade and Generator
Project No. 97 -SW03
Bid Award
ISSUE
Award the bid for the Lift Station No. 12 Pump Upgrade and Generator (located in mall parking lot).
BACKGROUND
The project will provide new pumps and motors, electrical controls, and a back -up power source for
Lift Station #12, which was originally constructed in 1972. In 2003, Gary Harper Construction, Inc.
installed bypass piping so the Lift Station could be removed from service and the new pumps installed
and the Lift Station painted. Expenses to date for the project are as follows:
Plans Specs Scanning 708.14
Pipe Elbow Supports Engineering 1,500.00
Panel Design 3,361.92
Diesel Generator 32,422.40
Hatch Door 5,075.52
2 Pumps 54,278.14
40 Plan Sets Specs Install 913.14
Surveying 2,929.00
Electrical Engineering 16,175.00
New Control Panel 22,812.80
Install Bypass Piping 91.04444
Total 231.220.50
The original budget for the project was $45,000.00 for engineering and $150,000.00 for construction in
the 2003 C.I.P.
All bids were checked and tabulated. The apparent low bidder, SEFNCO, Inc., is considered to have
submitted a non responsive bid for using the wrong bid proposal form. The next low bidder, Gary
Harper Construction, Inc., provided references for jobs of similar size and experience.
Staff reviewed the scope of the project with the hope of reducing costs for rehabilitation of the 32 -year-
old Lift Station, but few savings were found and these savings would be more than offset by increases
in prices during redesign.
One of the two pumps is making noises indicating the bearings are worn out. Parts are not
available to repair the pump.
To replace the existing pumps, the piping for the Lift Station needs to be modified to install
the new pumps. No new pumps fit the existing dimensions.
Mayor Mullet
Page 2
January 26, 2004
The drywell and wetwell both need to be painted. To paint the wetwell, the Lift Station
needs to be out of service. To take the Lift Station out of service, the bypass pumping
would cost between $15,000.00 to $20,000.00 plus the painting costs.
This Lift Station supports the majority of the City of Tukwila economic engine and it
cannot be out of service.
Funds for the upgrades to Lift Station No. 12 are available in the current C.I.P. The funding provides
the project with 11% contingency.
Expenses
Expenses to Date
Gary Harper Install Pumps
Contingency 11%
Total Expenses
RECOMMENDATION
Reject low bid submitted by SEFNCO, Inc. Award the construction bid to the second low bidder for
Lift Station No. 12 to Gary Harper Construction, Inc., for $233,789.44.
MC:lw
attachment: Bid Tabulation
p:projeco\A- SW Projects \97SWB3\PHASB =id Award memo)
231,220.50
233,789.44
25.715.83
490.725.77
Budget
Original Budget
Elimination of Lift Station 7 (pg. 99)
2004 Painting Budget (402 Sewer)
2004 I I Funds (pg. 101)
Total Budget
195,000.00
251,000.00
15,000.00
30.000.00
S 491.000.00
City of Tukwila
Washington
Resolution No.
DRAT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REJECTING THE BID SUBMITTED BY SEFNCO, INC., FOR
THE SEWER LIFT STATION NO. 12 PUMP UPGRADE AND GENERATOR
PROJECT; AND AWARDING THE BID TO GARY HARPER CONSTRUCTION,
INC. IN THE AMOUNT OF $233,789.44.
WHEREAS, sealed bid were received for the Sewer Lift Station No. 12 Pump Upgrade and
Generator Project; and
WHEREAS, bids were opened and read aloud by the City Clerk's Office on January 9, 2004,
and the apparent low bidder was SEFNCO, Inc., whose proposal was in the amount of $162,910.59
after taxes; and
WHEREAS, upon examination and inquiry by City staff of the SENFCO bid documents, it
was determined that the bid documents submitted by SEFNCO included an acknowledgement of the
Addendum prior to the issuance date; and SEFNCO did not submit the proper revised bid proposal
pursuant to said Addendum; and therefore the bid submitted by SEFNCO has been determined to be
nonresponsive; and
WHEREAS, the lack of proper documentation makes SEFNCO's bid unreliable, and as
unreliable bids must be rejected in the public's interest, SEFNCO's bid must therefore be rejected as
nonresponsive; and
WHEREAS, Gary Harper Construction, Inc. made the next lowest bid of $233,789.44 after
taxes; and
WHEREAS, upon examination and inquiry by City staff, the City of Tukwila determined that
the Gary Harper bid is responsive;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The above "whereas" recitals are herein adopted as findings of fact.
Section 2. The bid submitted by SEFNCO, Inc. for the Sewer Lift Station No. 12 Pump
Upgrade and Generator Project is not reliable due to lack of proper documentation, and is hereby
rejected as nonresponsive.
Section 3. Gary Harper Construction, Inc., is determined to be the lowest responsive bidder
with a bid of $233,789.44 after taxes.
Section 4. The Mayor is hereby authorized to sign a contract with Gary Harper Construction,
Inc. for the Sewer Lift Station No. 12 Pump Upgrade and Generator Project in the amount of
$233,789.44.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2004.
Utilities Committee
2/3/4
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, bob Giberson, Gail Labanara, Pat Brodin, Mike
Cusick, Ryan Larsen, Lucy Lauterbach
1. Lift Station 12 Pump Upgrade Lift Station 12 is near Strander on Andover West. It is a
major station, and it needs to be updated. Last winter a bypass was put in that will allow
temporary pumping while new pumps, motors, and electrical controls are installed. This project
has been carefully planned, as it is the station that handles the mall and much of the CBD. The
low bidder had to be disqualified because he didn't handle a change the city sent out. The second
lowest bidder, Gary Harper, bid the project at $233,789.44, when the engineer's estimate was
$162k. In reviewing bids, staff found nothing they'd done wrong; each bid had high costs for
different items. There is money in the budget because staff didn't improve Lift Station 7 near the
Wade Cook building. Recommend reiectinn low bid: award bid to Gary Harper to a COW
2. Water and Sewer Comn Plan Updates Updates for the two plans are scheduled for this
year. Because they are updates, they are not major studies. Economic and Engineering Services
was chosen from a short list of engineering firms. They have worked in Washington, Oregon and
Alaska. Choosing them wasn't easy, as another firm was also good. The Committee asked if
these Plans would be in the Comprehensive Plan. The answer was that they will stand on their
own, but will be used to put a short version as part of the Comp Plan. Authorize the mayor to
negotiate contract with Economic and Engineering Services. Inc of Bellevue.
3. MWPAAC Contract MWPAAC addresses Water Pollution Abatement. It's an association
of cities that advise Metro King County on sewer issues. The Committee recommended a
resolution changing Tukwila's alternative representative to MWPAAC. Recommend resolution
to COW.
4. Ditch Drainage Issue This issue was deferred to another meeting.
5. Flood Plain Management Ordinance W need to update the Flood Plain Management
Ordinance, which was last updated in 1988. The only real change besides some clarifying
language, was a section addressing manufactured homes in the floodplain. Tukwila doesn't have
any, but Ecology wanted it in our ordinance. The Committee looked at a flood map that staff
uses with the public when someone wants to build in the flood plain. It basically follows the
river, though some other low lying flood spots that typically hold water are also included.
Recommend ordinance to COW.
6. Future Agenda Items 2004 looks like it will be a very busy year for this Committee. Staff
had listed 14 projects the Committee will have during the year in addition to the regular contracts
and permits. The Committee added looking at Gilliam Creek because Dennis heard the pipes
under the apartments there are undersized and aging. They also talked about adding Low Impact
Surface Water solutions. Impact fees and how they are set will be a major issue. Dennis will try
to frame questions about connectivity to clarify decisions. There are marks on trees on S. 154
and on Macadam; staff will find out why. Information.
Committee chair approval
DRAFT
DRAFT
CAS Number: 04-018
Agenda Item Title:
Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if
known):
Fund Source (if known)
Meeting Date
COUNCIL AGENDA SYNOPSIS
Meeting Date
02/09/04
Prepared by
RAB
Initials ITEM NO.
Mayor's review1 Council review
ITEM INFORMATION
0 4 01 I Original Agenda Date: February 9, 2004
Interlocal Agreement for Jail Administration
Council Admin.x
The interlocal provides the framework for cities within King County to work together
to manage the King County and Yakima County jail contracts, dispose of property
held for jail purposes, and for future jail planning.
Authorize Mayor to sign agreement
Approximately $1,700
General Fund (Mayor's Office Budget)
RECORD OF COUNCIL ACTION
Action
APPENDICES
Meeting Date 1 Attachments
02 -09 -04 I Memo from Mayor to Finance Safety Committee
I Jail interlocal
I Minutes from Finance Safety Committee dated 2/2/04
MEMORANDUM
DATE: January 27, 2004
TO: Finance Safety Committee
FROM: Mayor's Office
SUBJECT: Interlocal Agreement for Jail Administration
Purpose
This Interlocal Agreement for Jail Administration provides the framework for cities within King
County to work together to manage the King County and Yakima County jail contracts, dispose
of property held for jail purposes by Bellevue and develop a plan to manage the cities' inmate
population after the termination of the King County Jail Contract in 2012.
Background
For the past three years, cities within King County have discussed how best to provide jail
services to city inmates. Of the 39 cities within King County, 37 cities contract with King
County for Jail Services (Kent and Enumclaw are not parties), 35 cities in King County contract
with Yakima County for Jail services, and 16 cities contract with the City of Renton. Several
other cities have contracts with other cities and counties.
For the past several months, cities have been working on many different issues related to the
requirement to phase out of King County jails and other treatment facilities. This new direction
places new burdens on the cities over the next several years. A policy summary follows this
memorandum that highlights the policy and program implications that have already been made in
existing interlocal agreements and a summary of some of the future policy decisions that lay
ahead of us (Attachment B)
This interlocal agreement specifically is created to do the following:
Clarify Roles of Cities: in planning, implementation, operation and administration of
interlocal agreements related to the provision of current jail services;
Plan for the Future: of facilities and programs for municipal inmates; and,
Establish Payment Method for T Tnused Beds: should the Cities collectively fail to meet
their estimated Minimum Bed Commitment with Yakima County.
It does this by creating a governance structure which:
implements the administration group created by the King County Jail Contract;
Page 1
creates a group in order to facilitate cooperation in the examination of policy issues,
questions and/or disputes involving the administration of the King County Jail Contract
and the Yakima Jail Contract;
disposition of the Jail Property proceeds; and,
and the planning for new misdemeanant secure jail facilities, non secure alternative
facilities or programs to create additional misdemeanant capacity.
This interlocal agreement does not decide the outcomes of future planning efforts, nor does it
bind any city to participate in these efforts. It sets up a cooperative process to create the plan for
how these future efforts will be undertaken.
Governance Model
To accomplish these tasks, the Jail Administration interlocal agreement creates:
three different committees with specific responsibilities see below and Attachment A
an annual budget and assessment method for all cities to pay for staff support
a fiscal agent (currently Tukwila) to manage fiscal responsibilities
The three main groups created are as follows:
1. Oversight Groun of Elected Officials Assembly
Membership: An Elected Official from each participating city.
Purpose: The Assembly will meet at least once a year to provide guidance to the JAG and JOG.
This will include issues such as annual budget, assessment and work program, disposition of jail
property, new misdemeanant facility, fiscal agent and other policies as necessary.
2. Administrative Entity JAG- (Jail Administrative Grounl
Membership: A group of 6 City representatives with 1 from Seattle, 1 from Bellevue, and 4 other
contract cities, one of which will include an SCA city that is the largest jail user and is party to
both the King County and Yakima County ILAs.
Purpose: The JAG will administer this and other jail related agreements. This will include
making recommendations to the Assembly, working closely with the JOG, and supervising staff.
These 6 members will also serve as the city representatives to the King County JAG.
3. Onerations Entity JOG Jail Operations Groun
Membership: A representative from each of the cities
Purpose: Advise the Assembly and JOG on operational issues of the jail contracts.
Term: The agreement continues until December 31, 2012, which is the termination date of the
King County Contract. It can be renewed.
Termination: Cities can terminate by written notice by the end of any given year, but remain
responsible for any budget expenses incurred for that year.
Assessment: The annual assessment is based on city population and cities usage of the Yakima
County Jail. The assessment for each City is enclosed in Attachment C.
Page 2
Attachment A: Overview of Governance Structure
Interlocal Agreement on Jail Administration
39 Cities
Governance —Each City Council Ratifies
Jail Oversight Assembly (Assembly)
Elected Officials from all
39 Cities Represented
Legislative Elected Oversight
Policy; budget; work program
Siting; debt issuance; real estate; audit
Page 3
1
Jail Administration Group (JAG)
Six King County ILA City Admin. Appointees
Provides recommendations to Assembly
Contract Admin Four (plus future) interlocals
Manage work program/budget
hire staff as provided by budget
Fiduciary responsibility for budget administration
v
Jail Operations Group (JOG)
39 City Representatives
Daily operations issues
Advise JAG on contract
problems /solutions
Develop operations procedures
with 39 member cities
Attachment B
Policy and Program Implications from Other Interlocal Agreements
Background
In 2000, the cities in King County used approximately 800 jail beds on a daily basis to house
misdemeanor inmates; 622 beds at King County jail facilities and 188 beds at other facilities
(e.g. city jails
In 2002, 37 cities signed a new Interlocal Agreement for Jail Services with King County; 35
cities signed an Interlocal Agreement with Yakima County The agreements signed with King
County and Yakima County will significantly change how and where jail beds are used. 16
cities also signed agreements with Renton on coordination of transportation and population
management. The three biggest changes resulting from these contracts are:
Cities will phase out use of King County's jails beginning 12/31/03 with a cap of 380
inmates and with full phase out by 2012. In the near term, jail caps require cities to
reduce their use of King County facilities to 220 beds by July 2005.
King County required and the cities agreed to stop using the King County Jail to house city
misdemeanor inmates by December 31, 2012. From January September 2003, the cities
averaged 380 beds at the King County Jail. Population changes and annexations will likely
require cities to plan for facilities and services that will serve as many as 500 misdemeanants
per day by 2012 above those provided by Yakima.
Cities have agreed to build or contract for the development of new facilities to house the
misdemeanant beds needed (approximately 300 -400 beds) to be available as the King
County contract caps reduce access to its jails. Cities are obligated to seek new facilities
or extend the Yakima agreement beyond 2010 to meet their capacity requirements.
The cities have agreed to pay for an estimated 440 beds at the Yakima County Jail to house
city misdemeanants effective October 1, 2003. The cities are currently using between 265
275 beds at Yakima. The 440 beds in Yakima meet approximately half of the capacity
requirements the cities will have to provide in order to fully phase out of King County. The
Yakima contract does not guarantee that those 440 beds will be available beyond the year
2010. The Cities' JAG is negotiating with Yakima to resolve a number of contract
interpretation and implementation issues.
The Cities have agreed that the Bellevue land acquired by the County for future jail
needs is to be transferred to the cities as the initial equity that is to be shared by all
King County Cities in the development of future facilities for city misdemeanants. The
cities have agreed to accept the transfer of property in Bellevue as equity for developing
future secure capacity and/or building or contracting for alternative corrections facilities
2 Auburn, Enumclaw, Issaquah, Kent, Kirkland and Renton have their own city jails.
3 All cities except Kent and Enumclaw signed the agreement with King County; all cities except Kent, Enumclaw,
Hunts Point and Milton signed the agreement with Yakima County.
Page 4
sufficient to allow the cities to completely pull out of the King County Jail by December 31
2012.
King County Interlocal Agreement
The cities have agreed to work as one group with King County in the development of
billing procedures, dispute resolution on common billing disputes or on behalf of a member
city with an unresolved billing dispute. The County interlocal also delegates to the JAG all
other administrative oversight responsibilities including population management. Finally,
the JAG is responsible for limited re- opening negotiations in 2006 and 2009 for jail charges
and med -psych holding procedures.
Some of the major provisions in the interlocal agreement with King County include:
Section 3.3 the cities have agreed to work with the County to develop a proportional billing
system for inmates who are held on charges from multiple jurisdictions.
Section 4.2 either the County or a city may refer a disputed billing to the Jail Agreement
Administration Group (JAG) for resolution (JAG decisions may be subsequently appealed).
Section 10 establishes the Jail Agreement Administration Group (JAG). This group is
authorized to act on behalf of all 37 cities to resolve issues related to administration,
implementation or interpretation of the agreement including inmate transportation, alternative
and community correction programs, coordination with the courts and law enforcement,
mental health, drug and alcohol treatment, interpretation of the Jail Interlocal Agreement, and
any re- opener of the contract as allowed in Section 7.
Section 10 also establishes the membership of the King County JAG: two representatives
from King County, four representatives from the suburban cities, one representative from
Bellevue, and one representative from Seattle.
Binding limits on overall jail population capacity are agreed upon with specific deadlines
for reductions. Separate medical and psychiatric population limits have been established.
JAG is responsible for management of prisoners and defining release procedures when
med -psych limits are exceeded. Absent procedures, the County may refuse to hold and
may release these prisoners to the booking city on "last -in -first -out" procedure regardless
of community risk.
Section 11 establishes binding capacity limits that apply to all 37 cities. The cities must
reduce their jail population housed at King County to 380 inmates by 12/31/03; to 250
inmates by 12/31/04; to 220 inmates by 7/1/05; and to zero inmates by 12/31/12. If the cities
exceed these limits, the County has the right to refuse city misdemeanant bookings. The
contract also establishes separate capacity limits for the medical and psychiatric units; should
these limits be exceeded, the County has the right to release city inmates in these units.
Cities have agreed to hold in common the Bellevue property equity for future city
misdemeanant jail purposes or to return the unused equity plus any income earned to the
County by 2012.
Section 12 states that the County will transfer to the City of Bellevue, on behalf of all the
cities, property located in Bellevue (informally known as the Overlake property). The
property (or proceeds from the sale of the property) is to be used to contribute to the cost of
building or contracting for secure capacity and/or building or contracting for alternative
corrections facilities sufficient to enable the cities to completely end their use of the King
County Jail. If the cities do not build/contract for additional secure or alternative capacity
Page 5
sufficient to pull out of the King County Jail, the cities must transfer the property (or
proceeds from the sale of the property) back to King County.
Yakima County Interlocal Agreement
Thirty-five cities have pledged to pay for an estimated 440 beds beginning 10/01/03. The
cities have agreed to individual obligations for a certain number of beds and to share or
"pool" the use of the beds to assure optimal use of their facility investments thereby
reducing risk of paying for unused beds.
The major provision in the interlocal agreement with Yakima County is in Section 7.
Note: Some cities contract with the city of Renton to provide coordinated inmate transportation.
Future Policy and Proeram Issues and a Timeframe Estimate.
Given the population limits in key agreements with King County and Yakima, cities have
obligated themselves to plan for future misdemeanant jail and alternative program needs.
Cities have to figure out how to replace the capacity they will lose when the King County
agreement ends. Questions facing the cities about planning new jail facilities include:
How should the cities replace the capacity that will be lost when the King County Interlocal
Agreement ends in 2012? Should the cities work collectively to address this capacity need?
Should the cities build a new regional jail for misdemeanor inmates or should they build
several new local jails throughout the County?
After the contract with King County ends, should the cities continue to send some of their
inmates to Yakima County or if a new misdemeanor facility were built locally, would it be
more cost effective to house all inmates locally?
Should a new jail facility be a full service jail facility (similar to Yakima or King County) or
should it be a minimum 30 -day holding facility?
What decisions should be made and how soon should cities make the decisions about how to
extend or replace Yakima services after 2010?
Timing: after a decision is made to build a jail or other facility (ies) and funding is in
place, it takes 4 6 years to go through the EIS, planning, design, and construction. An
ontimistic schedule for the development of new facilities follows below:
2004 2006:
o Complete population management implementation procedures, information systems and
transportation support for city misdemeanants
o Forecast future jail use by the 37 cities
o Identify treatment options, needs and types of facilities and locations support the 37 cities
depending on policy framework agreed upon by each city.
o Establish financing mechanism who issues the debt? Establish a PDA to use some
other interlocal arrangements such as contract arrangements for delivery of jail services
to cities
o Negotiate long -term governance model for development and management of jail services
in King County as well as services provided outside of King County
2006 -2008: Initiate public siting process for the facilities
2008 to 2012: EIS, Jail design, construction
2012: Testing and start-up operations for new jail and other misdemeanant facilities
Jan.1, 2013: Contract with King County has ended; new facility(ies) opens
Page 6
INTERLOCAL AGREEMENT FOR JAIL ADMINISTRATION
ESTABLISHING THE TERM, PURPOSE, MEMBERSHIP, GOVERNANCE,
JAIL OVERSIGHT ASSEMBLY (ASSEMBLY), JAIL ADMINISTRATION
GROUP (JAG), JAIL OPERATION GROUP (JOG), MEETINGS, FISCAL
AGENT, STAFFING, ANNUAL ASSESSMENT, TERMINATION, DISPOSITION
OF REAL PROPERTY, INSURANCE AND INDEMNIFICATION
REQUIREMENTS AND GENERAL PROVISIONS
This Interlocal Agreement "Agreement is dated effective November 1, 2003
and is made and entered into between Algona, Auburn, Town of Beaux Arts Village,
Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des
Moines, Duvall, Enumclaw, Federal Way, Hunts Point, Issaquah, Kenmore, Kent,
Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Milton, Newcastle,
Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle,
Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and the Town of Yarrow
Point, Washington, municipal corporations organized under the laws of the State of
Washington (collectively the "Cities
A. The Cities enter into this Agreement pursuant to and as authorized by the
Interlocal Cooperation Act (Chapter 39.34 RCW).
B. Some of the Cities have entered into a long term Interlocal Agreement with
Yakima County, as amended, for the purpose of housing the Cities' inmates in
Yakima County jail facilities "Yakima Jail Contract The Yakima Jail Contract
commits the Cities to deliver a certain number of inmates to Yakima County to
satisfy a Minimum Bed Commitment. The Yakima Jail Contract and any
addendums to it are incorporated herein by this reference.
C. Previously, the Cities negotiated the terms of an agreement regarding the use by
the Cities of the Minimum Bed Commitment, including the allocation of jail beds
among the Cities and the allocation of charges for jail service under the Yakima
Jail Contract; however, that agreement never took effect.
D. Some of the Cities have entered into a Jail Services Agreement with King County
"King County Jail Contract providing for the Cities' use of jail beds in King
County jail facilities for a limited time not to exceed ten years. The King County
Jail Contract is incorporated herein by this reference.
E. The King County Jail Contract provides for the creation of a Jail Administration
Group to respond to any issue regarding the administration, implementation or
interpretation of the King County Jail Contract.
F. King County and the City of Bellevue have entered into a Land Transfer
Agreement pursuant to Paragraph 12 of the King County Jail Contract which
provides for the transfer of ownership of the eastside Jail site "Jail Property") to
Bellevue on behalf of all of the Cities. The Land Transfer Agreement is
incorporated herein by this reference.
Interlocal Agreement for Jail Administration
Page 1 of 23
G. The Cities desire to enter into this Interlocal Agreement for Jail Administration in
order to set forth the purpose, membership, governance, meeting frequency, fiscal
agent, staffing, term, annual assessment, termination, and insurance and
indemnification requirements, and regarding the use by the Cities of the Minimum
Bed Commitment under the Yakima Jail Contract, including the method for
allocating those jail beds as between the Cites, and to establish the formula for
payment for unused beds should the Cities collectively fail to meet their
Minimum Bed Commitment with Yakima County, as more specifically set forth
in this Agreement.
H. The Cities of Kent and Enumclaw are not parties to the Yakima Jail Contract or
the King County Jail Contract. Kent and Enumclaw are included as parties to this
Interlocal Agreement to clarify the City of Bellevue's authority with respect to the
Jail Property, and to provide for Kent's and Enumclaw's participation in the
planning process for disposition of Jail Property proceeds and for future jail
facilities.
IT IS HEREBY AGREED AS FOLLOWS:
1. PURPOSE
This Interlocal Agreement is entered into by the Cities to further clarify the role of the
Cities and their representatives in planning, implementation, operation and administration
of interlocal agreements related to the provision of current jail services, and in planning
for future facilities and programs for municipal inmates, and to establish a formula for the
payment of unused beds should the Cities collectively fail to meet their Minimum Bed
Commitment with Yakima County. This Agreement implements the administration
group created by the King County Jail Contract and creates a group in order to facilitate
cooperation in the examination of policy issues, questions and/or disputes involving the
administration of the King County Jail Contract and the Yakima Jail Contract, the
disposition of the Jail Property proceeds, and the planning for new misdemeanant secure
jail facilities, non secure alternative facilities or programs to create additional
misdemeanant capacity.
2. CREATION OF THE ASSEMBLY, JAG AND JOG
To accomplish the purposes of this Agreement, the Cities hereby create an oversight
group of elected representatives called the Jail Oversight Assembly "Assembly"), an
administrative entity called the Jail Administration Group "JAG and an operations
entity called the Jail Operations Group "JOG all as further described in Section 6 of
this Agreement.
3. DEFINITIONS
Assembly means the Jail Oversight Assembly created pursuant to Section 6 of this
Agreement with the duties described herein.
Average Daily Population "ADP means that number of City Inmates confined in
Yakima County jail facilities for a year, divided by 365.
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Cities means Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond,
Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Enumclaw,
Federal Way, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple
Valley, Medina, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific,
Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie,
Tukwila, Woodinville, and Town of Yarrow Point, Washington.
City means a Washington city or town that is a party to this Agreement.
City Member means any city or town that has signed this Agreement.
Estimated Average Daily Population "EADP means that number of City Inmates
that each City estimates it will confine in Yakima County jail facilities in a year, divided
by 365.
Fiscal Agent means the "fiscal agent" selected by the Assembly pursuant to RCW
39.34.030.
JAG means the Jail Administration Group created pursuant to Section 6 of this
Agreement, and the King County Jail Contract.
JOG means the Jail Operation Group created pursuant to Section 6 of this Agreement
and with the duties described herein.
Jail Property means that certain real property located in Bellevue, Washington and
commonly known as 1440 116` Avenue NE and 1412 116` Avenue NE, Bellevue,
Washington, to be conveyed to the City of Bellevue to hold on behalf of all King County
cities as third party beneficiaries consistent with the King County Jail Contract.
Minimum Bed Commitment means the bed commitment made by the Cities
collectively to maintain an Average Daily Population in Yakima County jail facilities
equal to 440 City Inmates from October 1, 2003 through December 31, 2009, or as
otherwise set in the Yakima Jail Contract.
Overused Bed Commitment means the difference between a City's EADP and the
actual number of City Inmates sent to Yakima County jail facilities by that City, where
the actual number is less than that City's EADP.
4. TERM
This Agreement shall be dated effective November 1, 2003 and shall continue until
December 31, 2012, the date of the expiration of the King County Jail Contract "Term
This Agreement may be renewed for any successive periods, by written addendum, under
terms and conditions acceptable to all of the Cities. No City that is a party to this
Agreement at its inception or thereafter will be required to be a party to any renewal of
this Agreement.
5. TERMINATION
5.1 Termination Unrelated to Yakima Jail Contract. Any City may terminate its
participation in this Agreement by delivering written notice to the Assembly, by
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December 31 in any year, of its intention to terminate effective December 31 of the
following year. Any City terminating this Agreement shall remain legally and financially
responsible for any obligation incurred by the City pursuant to the terms of this
Agreement, including its obligation to pay its annual assessment for the current budget
year as described in Sections 8 and 9 of this Agreement.
52 Termination for Cause Yakima Jail Contract. In the event any City's
participation in the Yakima Jail Contract is terminated for cause, as defined in the
Yakima Jail Contract, such City shall remain legally and financially responsible to
Yakima County for its EADP until December 31, 2009, or the end of the then existing
term if the Yakima Jail Contract has been extended before the termination for cause;
provided, that the terminated City may be entitled to a credit under Section 10 of this
Agreement.
6. GOVERNANCE
6.1 Jail Oversight Assembly (Assembly).
(a) Membership Each City Member shall appoint one elected official to be a
member of the Assembly. The initial Assembly member for each City shall be
the elected official designated by the City in the space provided below the City's
signature on this Agreement. In the event that a City's initial Assembly member
becomes unable to serve as an Assembly member, the City shall designate a new
or alternate Assembly member.
(b) Assembly Powers. The Assembly shall make policy determinations
necessary to guide and direct the administration of this Agreement, and to guide
JAG and JOG in the performance of duties under this Agreement, the King
County Jail Contract, the Land Transfer Agreement, and the Yakima Jail
Contract. The Assembly shall have the following duties and powers:
(i) Annual Assessment Budget and Work Program. The Assembly
shall receive recommendations from JAG regarding the annual budget pursuant to
Section 8 of this Agreement, the amount of the annual assessment pursuant to
Section 9 of this Agreement, and an annual work program On or before July 1
of each year, the Assembly shall submit to the legislative body of each City a
recommendation for the annual assessments, the annual budget, and the work
program for the next year.
(ii) Disposition of Jail Pronertv. The Assembly shall receive
recommendations from JAG and/or JOG regarding use of any proceeds of the sale
or transfer of the Jail Property, and then either approve, reject or approve with
modification such use of the proceeds.
(iii) New Misdemeanant Facilities. The Assembly shall receive
recommendations from JAG and/or JOG regarding alternatives for assessment
and planning for new misdemeanant secure jail facilities, proposals to site or
create jail facilities, options for non secure alternative facilities or programs and
issuance of long term debt for construction of such facilities and then either
approve, reject, or modify the recommended alternative.
InterlocaI Agreement for Jail Administration
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(iv) Amendments. The Assembly shall receive recommendations from
JAG and/or JOG regarding any amendments to this Agreement, including the
amendment of the annual assessment formula set forth in Section 9 of this
Agreement, or the other interlocal agreements referenced by this Agreement and
incorporated herein, and then make a recommendation to approve, reject or
modify such amendment to the legislative bodies of each City or return the
recommendation to the JAG or JOG.
(v) Fiscal Agent. The Assembly shall appoint a Fiscal Agent for the
purposes of carrying out and recording financial transactions pursuant to RCW
39.34.030.
(vi) Policy Determinations. The Assembly may make such policy
determinations as are necessary to guide the administration or implementation of
this Agreement, the King County Jail Contract, the Yakima Jail Contract, and the
Land Transfer Agreement, including but not limited to policy regarding the hiring
of employees or contracting with consultants, purchasing of goods or services,
and adoption of procedures for the administration of this Agreement.
(c) Meetings. The Assembly shall meet at the times convened by its officers,
but at least once each year. For any meeting held in addition to one annual
meeting regarding the annual budget, assessments, and work program, the
Assembly may meet by telephone, electronically, video conferencing, or any
other communications mechanism that allows simultaneous communication
between all persons in attendance; provided, that at least fourteen days notice of
the meeting is provided to all Assembly members. A quorum shall consist of
Assembly members representing sixty percent (60 of the total residential
population of all City Members. Decisions shall be made or action shall be taken
by the affirmative vote of Assembly members from Cities having sixty percent
(60 of the total residential population of all City Members. For purposes of
this section, each Cities' residential population shall be deemed to be the most
recent population estimate available from the State of Washington's Office of
Financial Management. If an Assembly member will be absent from a meeting,
the Assembly member may, but is not required to, designate by written proxy
another person to attend the meeting and vote on behalf of the Assembly member.
The Assembly may seek a straw vote for informational purposes only.
(d) Assembly Officers. The Assembly members shall select up to four
officers, including a chairperson and vice chairperson to serve as the executive
committee; provided, that if representatives are not selected from each of the three
largest jail users among the cities that are parties to both the Yakima and King
County jail interlocal agreements for housing misdemeanant inmates, such
representatives shall be included as additional members of the executive
committee. "Largest jail user" is determined by the sum of the jail inmate
populations in the King County and Yakima jail facilities from the prior calendar
year. The officers serving as the executive committee shall (1) convene meetings
of the Assembly as the officers determine appropriate, but at least once a year, (2)
establish the agenda for each meeting, (3) act as spokespersons for the Assembly,
and (4) convene and make assignments to Assembly subcommittees, as
Interlocal Agreement for Jail Administration
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appropriate. The chairperson shall preside over the Assembly's meetings, and the
vice chairperson shall preside in the chairperson's absence.
6.2 Jail Administration Group (JAG).
(a) Membership. The JAG shall be composed of six (6) members as follows:
City of Seattle Representative (1)
City of Bellevue Representative (1)
Suburban Cities Representatives (4)
The Mayor of Seattle shall appoint the City of Seattle representative, and shall
also appoint an alternative Seattle representative to serve in the event that the
original representative is absent or becomes unable to serve. The Bellevue City
Manager shall appoint the City of Bellevue representative, and shall also appoint
an alternative Bellevue representative to serve in the event that the original
representative is absent or becomes unable to serve. The Suburban Cities
Association "SCA shall select three (3) representative cities through a process
defined by the SCA, and a fourth representative among the SCA cities shall be
selected by the Mayor or City Manager of the SCA city that is the largest jail user
and a party to both the King County and Yakima interlocal agreements for
housing misdemeanant inmates. "Largest jail user" is determined by the sum of
the jail inmate populations in the King County and Yakima jail facilities from the
prior calendar year. For each city representative selected by SCA, and the
suburban city selected based upon largest jail population, the Mayor of a
mayor /council city or the City Manager of a manager /council city shall appoint
that City's representative, as well as an alternative representative to serve in the
event that the original representative is absent or becomes unable to serve. The
Seattle, Bellevue, and Suburban Cities members of the JAG created in this
Section shall be the same as the members of the JAG created under the King
County Jail Contract.
(b) JAG Powers. The JAG shall administer this Agreement pursuant to the
terms of this Agreement, the Yakima Jail Contract, the King County Jail Contract,
and the Land Transfer Agreement and pursuant to any procedures adopted by the
Assembly or JAG. The JAG shall have the following duties and powers:
(i)
Act as the Cities' representatives to the King County Jail Contract
and perform all duties assigned to JAG under that Contract,
consistent with policy direction provided by the Assembly under
this Agreement;
(ii) Make policy recommendations as defined in Section 6.1 of this
Agreement to the Assembly including, without limitation,
recommendations on the disposition of the Jail Property proceeds
(subject to Section 7 of this Agreement), alternatives for
assessment and planning for new misdemeanant secure jail
facilities, proposals to site or create jail facilities, options for non-
secure alternative facilities or programs and issuance of long term
debt for construction of such facilities, and contract language
Interlocal Agreement for Jail Administration
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(v)
(vi)
Interlocal Agreement for Jail
Page 7 of 23
associated with any re- opener of the provisions described in
Section 7 of the King County Jail Contract;
Make recommendations to the Assembly on the appointment of a
Fiscal Agent for the purposes of carrying out and recording
financial transactions pursuant to RCW 39.34.030;
Evaluate JOG recommendations regarding the interpretation of the
King County Jail Contract or Yakima Jail Contract and issues
related to inmate transportation, alternative and community
correction programs, coordination with the courts and law
enforcement, mental health, drug and alcohol treatment, alternative
facilities within or outside of King County or other related issues;
After consultation with JOG, develop and recommend a budget,
including annual assessments, and work program to the Assembly,
and implement the budget and work program, subject to the Cities'
obtaining legislative body approval of each City's individual
annual assessment, the annual budget, and the work program in
accordance with Section 8 of this Agreement;
Following budget and work program approval by the Assembly
and City Members in accordance with Section 8 of this Agreement,
and subject to the availability of fends, the JAG, acting through its
chairperson, will have the following additional powers:
(1) Hire and supervise any staff, consultants or private
vendors consistent with the annual budget, work
program, and any human resource policies and
procedures of the Fiscal Agent;
(2) Negotiate and enter into any contracts or
agreements with third parties for goods and services
consistent with the annual budget and work
program;
Approve or disapprove expenditures consistent with
the annual budget and work program,
(4) Make purchases or contract for services consistent
with the annual budget and work program, and
If an annual budget becomes effective under
Section 8.1, but insufficient Cities approve and pay
assessments to fund the entire work program for
that budget year, then JAG has the authority to
assign priorities to various items in the work
program and to determine which items or portions
of items will be removed from the work program
for that budget year.
Adopt procedures for the conduct of JAG's meetings;
(3)
(5)
Administration
(viii) Uniformly inform and consult with the Assembly and JOG for
contract disputes, operational policy issues, hiring and supervision
of staff, creation of the work program, creation of the budget,
revisions to the cost allocation formula to establish the annual
assessment set forth in Section 9 of this Agreement, disposition of
the Jail Property proceeds and any decisions regarding assessment
and planning for new misdemeanant secure facilities,
misdemeanant non secure alternative facilities or programs;
(ix) Mediate disputes or issues presented to JAG by a City or Cities
regarding the interpretation of or otherwise arising out of this
Agreement, the Yakima Jail Contract, or the King County Jail
Contract. In the event that any City or Cities present a dispute to
JAG and JAG is unable to resolve the dispute in a manner
acceptable to the Cities involved, the Cities shall submit the
dispute to mediation prior to initiating any action in a court; and
(x) Conduct any and all other business allowed by applicable law and
necessary to carry out the purposes of this Agreement.
(c) Meetings. The JAG shall meet as often as it deems necessary, but not less
than quarterly. A quorum shall consist of a simple majority of the JAG's
members or alternates. Decisions will be made by consensus of all the JAG
members in attendance at a meeting. The JAG may seek a straw vote for
informational purposes only.
(d) Chairnerson. The JAG members shall select a chairperson and vice
chairperson from among the JAG members to preside over JAG's meetings.
6.3 Jail Operation Group (JOG).
(a) Membershin. Each City Member shall appoint one representative to be a
member of the JOG. The initial JOG member for each City shall be designated by
the City in the space provided below the City's signature on this Agreement.
(b) JOG Powers. The JOG shall advise the Assembly and JAG on operational
issues regarding the King County Jail Contract or the Yakima Jail Contract,
including without limitation, issues or disputes among the City Members related
to contract interpretation, contract disputes, inmate transportation, alternative and
community correction programs, coordination with the courts and law
enforcement, mental health, drug and alcohol treatment, alternative facilities
within or outside of King County, and any other related issues. The JOG shall
consult with JAG regarding recommendations for the annual budget, assessments,
and work program.
(c) Meetings. The JOG shall meet as often as it deems necessary, but not less
than quarterly. A quorum at any meeting of the JOG shall consist of a simple
majority of the JOG members. Decisions will be made by consensus of all the
JOG members in attendance at a meeting. The JOG may seek a straw vote for
informational purposes only.
Interlocal Agreement for Jail Administration
Page 8 of 23
(d) Chairperson. The JOG members shall select a chairperson and vice
chairperson from among the JOG members to preside over JOG's meetings.
7. JAIL PROPERTY
7.1 Land Transfer. Pursuant to the terms of the King County Jail Contract and the
Land Transfer Agreement, King County will convey the Jail Property to the City of
Bellevue prior to July 1, 2004. Bellevue will hold the Jail Property on behalf of' all cities
in King County as third party beneficiaries. Bellevue shall act as the fiscal agent of the
cities for purposes of taking action with respect to the Jail Property. Any disposition of
the Jail Property shall also be consistent with the terms and provisions of Section 12 of
the King County Jail Contract, which provides in pertinent part as follows:
"The Property will be used to contribute to the cost of building secure
capacity, or contracting for secure capacity, and, at the sole discretion of
the Contract Cities, building or contracting for alternative corrections
facilities, sufficient to enable the Contract Cities to meet the final step
(occurring on December 31, 2012) of the population reduction schedule as
detailed in Sections 11.3 and 11.4 of this Agreement. The parties
understand that the Property may be sold or traded and the proceeds and/or
land acquired from such sale or trade used for the purposes detailed in the
preceding sentence. The parties further agree that in the event the cities do
not build secure capacity, or contract for secure capacity, and, at the sole
discretion of the Contract Cities build or contract for alternative
corrections facilities, sufficient to enable the Contract Cities to meet the
final step (occurring on December 31, 2012) of the population reduction
schedule as detailed in Sections 11.3 and 11.4 of this Agreement the City
of Bellevue shall transfer title to the Property back to the County if such
Property has not been sold; or if such Property has been sold, pay the
County an amount equal to the net sale price of the Property, plus
investment interest earned; or if the Property has been traded, pay the
County the appraised value of the Property at the time of the trade, as
determined by an MIA appraiser selected by mutual agreement of King
County and the City of Bellevue, plus investment interest earned."
7.2 Expenses. The City of Bellevue is authorized to sell the Jail Property for no
less than fair market value. Fair market value shall be determined by an MIA appraisal
commissioned by the City. The City of Bellevue is authorized to deduct from the gross
proceeds customary expenses necessary to dispose of the property and costs incurred to
perform due diligence studies necessary to exercise the option to take possession of the
property from the County including, but not limited to, tests inspections, survey,
appraisal, expenses resulting from any legal challenge, maintenance activities during the
time the City of Bellevue has possession of the property. The total deductions shall not
exceed five percent (5 unless approved by the Assembly.
If the Jail Property is sold and Cities fail to meet the terms set out in Section 12 of the
King County Jail Contract referenced in Section 7.1 above regarding use of the proceeds,
Cities are responsible for their proportional share of the amount required to reimburse
Interlocal Agreement for Jail Administration
Page 9 of 23
King County as referenced in that section. This responsibility will be met collectively by
requiring the fiscal agent to invest the sale proceeds in investment instruments that will
preserve the full value of the capital assets, assure liquidity for funding future
misdemeanant jail facilities and achieve the best rate of investment return. Until these
conditions can be met, the fiscal agent shall retain the sale proceeds in the State Local
Government Investment Pool.
8. FINANCE AND BUDGET
8.1 Budget. The budget year for jail administration and operations shall be January 1
to December 31 of any year. On or before July 1 of each year, a recommended budget,
assessments, and work program for the next budget year shall be prepared by JAG,
reviewed and recommended by the Assembly, and transmitted to each City's legislative
body for approval or disapproval. Approval of the budget by a City's legislative body
shall obligate that City to pay the assessment budgeted for that City for the next budget
year; if a City's legislative body disapproves the budget that City shall not be obligated to
pay the assessment budgeted for that City for the next budget year. An annual budget,
including assessments, and work program shall not become effective unless the annual
budget is approved by the legislative bodies of Cities representing sixty percent (60 of
the total residential population of all City Members. If an annual budget becomes
effective under this Section, but insufficient Cities approve and pay assessments to fund
the entire work program for that budget year, then JAG has the authority to assign
priorities to the various items in the work program and to determine which items or
portions of items will be removed from the work program for that budget year.
For budget year 2004, the Cities shall make a good faith effort to accomplish the budget,
assessment, and work program approval process by December 31, 2003. In the event that
the Cities are unable to complete the process by that date, the Cities agree that the
assessments for the year 2004 shall be as stated in Exhibit A to this Agreement, and the
budget and work program approval for the year 2004 shall be completed by March 31,
2004 and shall be consistent with the assessments stated in Exhibit A.
8.2 Authority. The JAG, acting through its chairperson, and consistent with the
budget, assessments, and work program approved by the City Members, is authorized to
(1) apply for loans or grants in order to accomplish the purposes of this Agreement
consistent with Chapter 39.34 RCW, (2) seek and negotiate partnerships with public and
private corporations or entities as allowed by law, and (3) approve expenditures and
direct the Fiscal Agent to make payments. The Fiscal Agent is empowered to receive all
annual assessments received from the Cities and to make disbursements as approved by
the JAG chairperson. If grants or other unbudgeted funds become available, budget
amendments will be referred to the Assembly for its review and recommendations to City
Members.
8.3 Fiscal Agent. The City of Tukwila shall act as the Assembly's initial Fiscal
Agent pursuant to RCW 39.34.030 until the Assembly approves another Fiscal Agent.
8.4 Intergovernmental Cooneration. The Assembly and JAG will cooperate with
state, county, and other local agencies to maximize use of any grant funds or other
Interlocal Agreement for Jail Administration
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resources and enhance the effectiveness of the programs and proj ects created or
implemented pursuant to this Agreement.
9. ANNUAL ASSESSMENT
Funding for the activities under this Agreement shall be provided solely through the
budget process described in Section 8 and collection of the annual assessment described
in this Section 9. No separate dues or assessments shall be imposed or required of the
Cities except upon unanimous vote of all of the Cities. The annual assessment shall be
paid to the Fiscal Agent on a quarterly basis at the beginning of each quarter. Each City
shall be assessed an annual assessment fee equal to Two Hundred and Fifty Dollars and
No /100 ($250.00) or equal to its proportional share of the approved budget based upon
the following cost allocation formula, whichever is greater:
(i)
50% of the annual fee shall be based upon the percentage calculated by
dividing each City's residential population into the total residential
population of all City Members, multiplied by one -half of the total amount
of the annual budget; and
(ii) 50% of the annual fee shall be based upon the percentage calculated by
dividing a City's EADP into the actual total annual jail bed usage by the
Cities in the Yakima jail facilities, multiplied by one -half of the total
amount of the annual budget.
The cost allocation formula is expressed as follows:
(City's res. nonulation)
(Total of all Cities' res. population) multiplied by (1/2 of total annual budget)
plus
(City's EADP)
(Total Annual Jail Bed Usage of all Cities)
in Yakima County jail facilities)
equals
City's Total Annual Assessment
multiplied by /z of total annual budget)
10. DEFICITS IN USAGE OF YAKIMA JAIL BEDS
Each City has generated an EADP. Attached hereto as Exhibit B, and incorporated by
this reference, is the EADP of each City. In the event the Cities collectively fail to meet
their Minimum Bed Commitment for any year during the term of the Yakima Jail
Contract, the EADPs set forth in Exhibit B shall be used by the Cities to calculate the
proportionate share owed by any individual City to Yakima.
Interlocal Agreement for Jail Administration
Page 1 I of 23
Each City will be responsible for its bed commitment to Yakima. Only those Cities that
did not meet their EADPs and have unused bed commitment for the year will be
responsible for paying Yakima for such unused bed commitment.
However, if some cities exceed their EADP, their overage will be distributed as a credit
to the cities whose jail use was less than their EADPs. Each City's credit will be based
upon its percentage share of the total EADP.
A City whose actual jail use equals or exceeds its EADP will pay Yakima an amount
equal to its actual jail use. A City whose actual jail use is less than its EADP will pay
Yakima an amount based on its EADP less the credit as described in this section.
For purposes of this section, "credit" shall mean the product resulting from multiplying
the (Beds in excess of Cities' EADP) by the quotient obtained by dividing the (EADP of
a City with Unused Bed Commitment) by the (Sum of EADPs of all Cities with Unused
Bed Commitment.) The calculation of a City's credit is expressed in the formula below:
City Credit (Sum of amount over the EADP X (EADP of a City w/Unused Bed Commitment)
of All Cities Which Exceed Their EADPs) (Sum of EADPs of Cities w/Unused Beds)
For a City whose actual jail use was less than its EADP, its "credit" will be subtracted
from the number of unused city beds. The difference is the amount that shall be paid to
Yakima as expressed in the formulas below:
City's unused beds City's EADP City's actual bed use
Amount owed to Yakima City's unused beds city credit
Exhibit C, attached hereto and incorporated by this reference, provides an example of a
hypothetical application of this formula.
11. SURPLUS USAGE OF YAHIMA JAIL BEDS
The Cities acknowledge that the Yakima Jail Contract does not require each City to
maintain a jail usage equal to that City's EADP. Overused Bed Commitment by one City
may inure to the benefit of the other Cities. However, Overused Bed Commitment in
excess of five percent (5 may create a hardship for the other Cities. Therefore, prior to
usage in excess of five percent (5 of its EADP, a City must obtain consent from
another City or Cities to use a portion of the other City's or Cities' EADP.
12. NEW MEMBERS
Any city or town may become a member to this Agreement so long as such city or town
has entered into contracts for jail services with King County or Yakima County, executes
an Addendum to this Agreement agreeing to comply with the terms and provisions of this
Agreement, as now existing or hereafter amended, and obtains approval of the current
budget by its legislative body. The Assembly shall determine what, if any, funding
obligations such additional member city shall pay as a condition of becoming a member
city to this Agreement.
Interlocal Agreement for Jail Administration
Page 12 of 23
13. MAILING ADDRESSES
All notices and correspondence to the respective parties to this Agreement shall be sent to
the City Manager or Mayor for each City. All notices and correspondence to the
Assembly shall be sent to the office of the Fiscal Agent.
14. INSURANCE
14.1 Evidence of Insurance Coveraee. Each City agrees to provide the other Cities
with evidence of insurance coverage, in the form of a certificate of insurance from a
solvent insurance provider and/or a letter confirming coverage from a solvent insurance
pool or self insurance program which is sufficient to address the insurance and
indemnification obligations set forth in this Agreement.
14.2 Minimum Liability Limits. Each City shall obtain and maintain throughout the
term of this Agreement coverage in minimum liability limits of one million dollars
($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its
liability exposures, including comprehensive general liability, errors and omissions, auto
liability and police professional liability. The insurance policy shall provide coverage on
an occurrence basis; except that insurance on a "claims made" basis may be acceptable
with prior approval from JAG. If coverage is approved and purchased on a "claims
made" basis, the City Member providing such insurance warrants continuation of
coverage through policy renewals or the purchase of a tail, and/or conversion from a
"claims made" form to an "occurrence" coverage form.
15. HOLD HARMLESS/INDEMNIFICATION
Each City shall defend, indemnify and hold harmless all other Cities, their officers,
agents and employees, from and against any and all claims, including third party claims,
costs, judgments or damages, including attorney's fees, arising out of the negligent acts
or omissions of the City, its officers, agents and employees, in connection with this
Agreement.
The Cities hereby waive, as to each other only, their immunity from suit under industrial
insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the
Cities.
The provisions of this Section shall survive any termination or expiration of this
Agreement.
16. GENERAL PROVISIONS
16.1 This Agreement contains all of the agreements of the Cities with respect to any
matter covered or mentioned in this Agreement. No provision of this Agreement may be
amended or modified except by written agreement authorized by the legislative bodies of
all of the Cities and signed by all of the Cities.
Interlocal Agreement for Jail Administration
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16.2 Any provision that is declared invalid or illegal shall in no way affect or
invalidate any other provision.
16.3 In the event any City defaults on the performance of any terms of this Agreement
or any City places the enforcement of this Agreement in the hands of an attorney, or files
a lawsuit, the prevailing City or Cities shall be entitled to an award of all its /their attorney
fees, costs, and expenses.
16.4 Failure of any City to declare any breach or default immediately upon the
occurrence thereof, or delay in taking any action in connection therewith, shall not
constitute a waiver of such breach or default.
16.5 Any action, suit, or judicial proceeding for the enforcement of this Agreement
shall be brought and tried in the Superior Court or the State of Washington in King
County. Presenting disputes to the JAG and to a mediator consistent with this Interlocal
Agreement shall be conditions precedent to the commencement of any judicial process to
enforce the terms of this Agreement.
16.6 This Agreement may be executed in any number of counterparts.
16.7 The laws of the State of Washington shall govern this Agreement.
16.8 This Agreement shall be recorded with the King County Department of Records.
THIS AGREEMENT has been executed by the undersigned Cities and shall be dated
effective November 1, 2003.
CITY OF ALGONA, WA Approved as to Form:
By:
Glenn Wilson, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF AUBURN, WA Approved as to Form:
By:
Peter B. Lewis, Mayor
Initial Assembly Member:
Initial JOG Member:
TOWN OF BEAUX ARTS VILLAGE, WA
By:
Charles R. Lowry, Mayor
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 14 of 23
George Kelley, Algona City Attomey
Daniel B. Heid, Auburn City Attorney
Approved as to Form:
Wayne Stewart, Town Attorney
CITY OF BELLEVUE, WA Approved as to Form:
By:
By:
By:
By:
Steve Sarkozy, City Manager Richard L. Andrews, Bellevue City Attomey
Initial Assembly Member:
Initial JOG Member:
CITY OF BLACK DIAMOND, WA Approved as to Form:
Howard Botts, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF BOTHELL, WA Approved as to Form:
Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF BURIEN, WA Approved as to Form:
Gary P. Long, City Manager
Initial Assembly Member:
Initial JOG Member:
CITY OF CARNATION, WA
By:
Woody Edvalson, City Manager
Initial Assembly Member:
Initial JOG Member:
CITY OF CLYDE HILL, WA
By:
George S. Martin, Mayor
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 15 of 23
Loren D. Combs, City Attorney
Lisa Marshall, Burien City Attorney
Approved as to Form:
Phil A. Olbrechts, Carnation City Attomey
Approved as to Form:
Clyde Hill City Attorney
CITY OF COVINGTON, WA Approved as to Form:
By:
Andrew D. Dempsey, City Manager
Initial Assembly Member:
Initial JOG Member:
CITY OF DES MOINES, WA
By
Tony Piasecki, City Manager
Initial Assembly Member:
Initial JOG Member:
CITY OF DUVALL, WA
By:
Approved as to Form:
Des Moines City Attorney
Approved as to Form:
Becky Nixon, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF ENUMCLAW, WA Approved as to Form:
By:
John Wise, Mayor
Initial Assembly Member:
Initial JOG Member:
Initial Assembly Member:
Bruce Disend, Duvall City Attorney
CITY OF FEDERAL WAY, WA Approved as to Form.
By: By:
David H. Moseley, City Manager Patricia A. Richardson
Federal Way City Attorney
Initial JOG Member:
CITY OF HUNTS POINT Approved as to Form:
By: B
Fred McConkey, Mayor
Initial Assembly Member:
Initial JOG Member:
InterlocaI Agreement for Jail Administration
Page 16 of 23
Duncan C. Wilson, Covington City Attorney
Michael J. Reynolds, Enumclaw City Attomey
Hunts Point City Attorney
CITY OF ISSAQUAH, WA Approved as to Form.
By: By:
Ava Frisinger, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF KENMORE, WA
By:
Initial Assembly Member:
Initial JOG Member:
CITY OF KENT, WA Approved as to Form:
By:
Jim White, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF KIRKLAND, WA Approved as to Form.
By:
Initial Assembly Member:
Initial JOG Member:
CITY OF LAKE FOREST PARK, WA Approved as to Form:
By:
Initial Assembly Member:
Initial JOG Member:
CITY OF MAPLE VALLEY, WA Approved as to Form.
By:
Wayne D. Tanaka
Issaquah City Attomey
Approved as to Form:
Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney
David H. Ramsay, City Manager Gail Gorud, Kirkland City Attorney
David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park
City Attorney
John F. Starbard, City Manager
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 17 of 23
Tom, Brubaker, Kent City Attorney
Lisa Marshall, Maple Valley City Attorney
CITY OF MEDINA, WA Approved as to Form:
By:
Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF MERCER ISLAND, WA
By:
Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF MILTON Approved as to Form:
By: By:
Katrina Asay, Mayor Milton City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NEWCASTLE, WA Approved as to Form:
By:
Andrew J. Takata, City Manager Dawn Findlay, Newcastle City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NORMANDY PARK, WA Approved as to Form:
By:
Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park
City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NORTH BEND, WA Approved as to Form:
By:
Joan Simpson, Mayor
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 18 of 23
Approved as to Form.
Michael R. Kenyon, North Bend City Attorney
CITY OF PACIFIC, WA Approved as to Form.
By:
Howard Erickson, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF REDMOND, WA
By:
Rosemarie Ives, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF RENTON, WA Approved as to Form:
By:
Bruce Disend, Pacific City Attorney
Approved as to Form:
James E. Haney, Redmond City Attorney
Lawrence J. Warren, Renton City Attorney
Jesse Tanner, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF SAMMAMISH, WA Approved as to Form:
By
Ben Yazici, City Manager Bruce Disend, Sammamish City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SEATAC, WA Approved as to Form:
By:
Bruce A. Rayburn, City Manager Robert L. McAdams, SeaTac City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SEATTLE, WA Approved as to Form:
By:
Gregory J. Nickels, Mayor
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 19 of 23
Thomas A Carr, Seattle City Attorney
CITY OF SHORELINE, WA Approved as to Form.
By:
Steven C. Burkett, City Manager
Initial Assembly Member:
Initial JOG Member:
CITY OF SKYKOMISH, WA
By:
Skip Mackner, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF SNOQUALMIE, WA Approved as to Form:
By:
Randy Fuzzy Fletcher, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF TUKWILA, WA
By:
Steve Mullet, Mayor
Initial Assembly Member:
Initial JOG Member:
CITY OF WOODINVILLE, WA Approved as to Form:
By:
Pete Rose, City Manager Jeffrey L. Taraday, Woodinville City Attorney
Initial Assembly Member:
Initial JOG Member:
TOWN OF YARROW POINT, WA Approved as to Form:
By:
Jeanne R. Berry, Mayor
Initial Assembly Member:
Initial JOG Member:
Interlocal Agreement for Jail Administration
Page 20 of 23
Ian Sievers, Shoreline City Attorney
Approved as to Form:
Jeffrey Ganson, Skykomish City Attorney
Pat Anderson, Snoqualmie City Attorney
Approved as to Form:
Robert F. Noe, City Attorney
Wayne Stewart, Yarrow Point Town Attorney
2004 ANNUAL COST PER CITY FOP
Yakima
Estimated
Bed
Commitment
Total 440.1
Auburn 88.5
Bellevue 27.0
Bothell 2.0
Burien 4.0
Covington 2.4
Des Moines 17.0
Federal Way 29.0
Issaquah 2.0
Kenmore 3.0
Kirkland 12.5
Lake Forest Park 2.5
Maple Valley
Mercer Island 4.0
Newcastle
North Bend 2.0
Redmond 20.0
Renton 27.0
Sammamish 1.5
SeaTac 4.1
Seattle 155.0
Shoreline 18.0
Tukwila 11.0
Woodinville 1.5
Algona 3.0
Beaux Arts Village
Black Diamond
Carnation 0.0
Clyde Hill 0.0
Duvall 1.0
Hunt's Point
Medina 0.7
Milton
Normandy Park 0.4
Pacific
Skykomish
Snoqualmie 1.0
Yarrow Point
EXHIBIT A
THE JAIL AD
2002 Average of city pop. jail
beds; $250 minimum
Population
1,327,706
43,970
117,000
16,264
31,810
14,395
29,510
83,850
13,790
19,180
45,790
12,860
15,040
21,955
8,205
4,735
46,040
53,840
34,660
25,320
570,802
53,250
17,270
9,830
2,525
295
4,015
1,905
2,895
5,190
455
3,010
815
6,395
5,405
215
4,210
1,010
11.9% $10,056
7.6% $6,462
0.9% $728
1.7% $1,432
0.8% $705
3.1% $2,622
6.6% $5,571
0.8% $647
1.1% $921
3.2% $2,717
0.8% $665
0.6% $493
1.3% $1,109
0.3% $269
0.4% $350
4.1% $3,456
5.2% $4,393
1.5% $1,282
1.5% $1 229
40.0% $33,793
4.1% $3,497
1.9% $1,637
0.6% $468
0.4% $250
$250
$250
$250
$250
$250
$250
$250
$250
$250
$250
$250
$250
$250
MINISTRATIVE GROUP (JAG)
Estimated Annual Cost (salary/benefits) for JAG staff position $88,000
Interlocal Agreement for Jail Administration
Page 21 of 23
$88,000
EXHIBIT B
TO INTERLOCAL AGREEMENT BETWEEN
THE CITIES CONTRACTING WITH YAKIMA
City or Town 2003 EADP
Algona 3.0
Auburn 88.5
Beaux Arts Village 0.0
Bellevue 27.0
Black Diamond 0.0
Bothell 2.0
Burien 4.0
Carnation 0.0
Clyde Hill 0.0
Covington 2.4
Des Moines 17.0
Duvall 1.0
Federal Way 29.0
Issaquah 2.0
Kenmore 3.0
Kirkland 12.5
Lake Forest Park 2.5
Maple Valley 0.0
Medina 0.7
Mercer lsland 4.0
Newcastle 0.0
Normandy Park 0.4
North Bend 2.0
Pacific 0.0
Redmond 20.0
Renton 27.0
Sammamish 1.5
SeaTac 4.1
Seattle 155.0
Shoreline 18.0
Skykomish 0.0
Snoqualmie 1.0
Tukwila 11.0
Woodinville 1.5
Yarrow Point 0.0
TOTAL 440.1
Interlocal Agreement for Jail Administration
Page 22 of 23
EXHIBIT C
TO INTERLOCAL AGREEMENT FOR JAIL ADMINISTRATION
Hypothetical Example formulas for distributing unused bed capacity at Yakima
Scenario; 3 cities contract with Yakima for a minimum of 130 beds. The cities are under their collective commitment
by 20 beds; 2 cities are under and 1 city is over its bed commitment.
Contract Cities
City A
City B
City C
Total
Total Bed Commitment
(EADP)
80
40
10
130
Actual
Bed Use
70
25
15
110
Unused
Beds
(10)
(15)
5
Amount Owed to Yakima Under Formula Stated in Section 10 of
this Agreement
Each city pays for its unused beds but then receives a credit based on its
share of the total bed commitment. For example, City C exceeded its bed commitment by 5 beds.
City A's share of this 5 bed overage (aka the "credit is calculated by taking City A's share of the total bed
commitment (67 times the overage of 5 beds a credit of 3.3 beds City C owes Yakima for 76.7 beds
(EADP of 80 beds less the credit of 3.3 beds).
Cities with Unused Bed
Commitment
City A
City B
Subtotal
Citv C
Total
Amount
Total Bed Commitment Share Actual Unused Owed to
(EADP) (EADP) Bed Use Beds Credit Yakima
80 67% 70 10 3.3 76.7
40 33% 25 15 1.7 38.3
120 100% 95 25 5.0 115.0
Interlocal Agreement for Jail Administration
Page 23 of 23
10 15 0 0 15
130 I 110 25 5 130
Finance and Safety Committee
February 2, 2004
Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson
Keith Haines, Rhonda Berry, Lucy Lauterbach
DRAFT
1. Ground Rules Dave stated basic precepts he would like the committee to follow. These
include being recognized by the chair, sticking to the subject, and not adding agenda items at the
last minute except in the most dire straits. The other members agreed. Information.
2. Citv Attorney Contract with Kenyon Disend The City has had a relationship with the
Kenyon Disend firm for many years. The contract this year is little changed from past years,
although the fees did go up 4 or $12,000 in the annual cost. The monthly services will cost
$25,978 /month. Their fee did not increase between 2002 and 2003. The Committee had few
comments beyond asking that acronyms be defined. Dennis asked that Shelley provide training
on ethics issues such as conflict of interest, but Rhonda noted that training could probably be
given by our insurance agency, Washington Cities Insurance Agency (WCIA). The Committee
added executive sessions under the section detailing what meetings the City Attorney should
attend. Recommend contract to COW.
3. Martin Durkan Contract Jamie Durkan is the consultant who works on issues in Olympia
and has worked on some Sound Transit issues in the past. This year he is working on streamlined
sales tax and retiree medical insurance for us. He works in response to direction from the
mayor's office. In a change from last year, this contract only covers 6 months of work rather than
a year's work. The Committee was satisfied that he would only do the work necessary for the
legislature this year. Recommend contract to COW.
4. Interlocal Agreement for Jail Administration When the cities first started to send prisoners
to Yakima for jail, an interlocal was drawn up. Since then it has been refined, worked on by both
policy makers and professional writing teams, and is now quite clear and easy to understand.
Dennis thought the way the agreement specifies the integration of staff and elected officials was
a model for how this kind of agreement should be written. Rhonda explained how the different
layers work together. Though Tukwila is one of the 39 cities in the Jail Oversight Assembly and
Jail Operations Group, we are not on the Jail Administration Group. The Committee approved
the governance model. Recommend to COW.
5. Puget Sound Law Enforcement Information Exchange (LinX) Since 2001Tukwila has
been part of a RAIN system that shares automated information in a network among Tukwila,
Bellevue, and King County. A proposal to greatly expand that group has been made, and the new
group would be called LinX Keith is co -chair of this initiative which involves southern agencies
such as Kitsap County, Bremerton, Poulsbo, and the Naval Criminal Investigative Service.
Bainbridge, Everett, Seattle, the Seattle Port and Snohomish as well as the State Patrol are also
included in LinX. King County will be invited to join in Phase 2. The proposal is to build a
system that would standardize the various and different crime reporting systems of each police
agency. Booking photos from jail will be another useful feature of the system. Microsoft is
donating programs so far, but would like some funding to take it over. The agencies will share
DRAFT
information on crimes and criminals that could be useful in looking at crime on a regional basis.
Dennis had several issues with the proposal, including the lack of oversight by any elected
officials and the use of information subject to privacy laws that the ACLU could be concerned
about. Keith assured the Committee members that LinX doesn't gather intelligence, but rather
reports on crimes and criminal information that would be available to an authorized person who
asked. Dennis also thought one section allowed a small number of people to change policies.
Some of Dennis' questions are answered in a procedure manual that's being developed. Keith
thought the FBI could be asked to join, and to pay part of the costs. Paying for the system will
require funding through a grant or other method. Joan asked about use of the system by officers.
Officers will be able to access basic information from their cars, but more detailed information
will need to be gathered at a bigger computer. If our cars got more sophisticated equipment they
could access more information from the field. Joan asked if this project would require more staff.
Keith said his new computer person will be a big help, but no new additional staff is needed.
Keith will check some of these issues back to the LinX group, but the contract is now at all the
other agencies. Reschedule.
Committee chair approval
ITEM INFORMATION
0 Q I Original Agenda Date. February 9, 2004
Agenda Item Title: City Attorney Contract with Kenyon Disend PLLC
CAS Number: 04-019
I Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if
known):
Fund Source (if known) General Fund
Meeting Date
COUNCIL AGENDA SYNOPSIS
Meeting Date Prenared by
02/09/04 RAB
Council Admin.x
The Kenyon firm has provided City Attorney services for the city for a number of
years. Services include, but are not limited, general city attorney services, city
prosecution services, paralegal services, and Special Services.
Authorize Mayor to sign agreement
$312,000
Initials
Mayor's feview
jam_
RECORD OF COUNCIL ACTION
Action
APPENDICES
Meeting Date 1 Attachments
02 -09 -04 Memo from Mayor to Finance Safety Committee
Contract for Legal Services
Minutes from Finance Safety Committee dated 2/2/04
Council review
,7 L/1
ITEM NO.
/so
attachment
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor
To: Finance Safety Committee
From: Mayor's Office
Re: City Attorney Contract with Kenyon Disend, PLLC
Date: January 27, 2004
The Kenyon firm has provided City Attorney services for the City for a number of years.
These services include, but are not limited to, general city attorney services, city
prosecution services, paralegal services and special services.
A draft contract for 2004 is attached for your review. With your approval it will be
forwarded to the full City Council for approval.
Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us
and
CONTRACT FOR LEGAL SERVICES
Contract No.
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 KENYON
DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in
Issaquah, Washington.
WHEREAS, the City has a need to have certain legal services performed for its citizens;
WHEREAS, the City desires to have the Contractor perform such services pursuant to
certain terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. Scope and Schednle of Services to he 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. Such local rules and
ordinances shall include, but not be limited to, the City Code of Ethics, as set forth at section
2.03.01 of the City's Personnel Policies. The Contractor shall request and obtain prior written
approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference.
3. Contractor Budget The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement.
4. Duration of Agreement This Agreement shall be in full force and effect for a period
commencing January 1, 2004, and ending December 31, 2004, unless sooner terminated pursuant to
paragraph 8 of this Agreement.
5. Independent Contractor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
C \WIMKOwevrckADVnkwila fl Kenyon IYwdd .-'44'sifititkbA'_..
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accorded City employees by virtue of the services provided under this Agreement. The City shall
not be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. indemnification The Contractor shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in performing the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in
this paragraph extends to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by the parties This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent negligence of
the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
7. insurance The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000
per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a
manner and form acceptable to the City in the City's sole discretion. Cancellation of the required
insurance shall automatically result in termination of this Agreement.
8. Termination This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to terminate the same.
9. Discrimination Prohibited The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided
under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital
status or presence of any sensory, mental or physical handicap.
10. Assignment and Subcontract The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written consent of the City.
11. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement and with the consent of the City Council.
M.
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12. Nntires. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
13. Applicable T AW: 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 20034.
CITY OF TUKWILA CONTRACTOR:
KENYON DISEND, PLLC
Mayor Steve Mullet
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
r4WInino cua na -i In MNd Kn and d •er
i602815tMB3
By:
Title:
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392-7090
F.XH1TUT A .cCnpF. OF SERVICES
Contractor agrees to provide a level of service equal to or greater than the level of service
provided by an in -house city attorney office consisting of one city attomey and one assistant city
attorney /prosecutor.
In particular, Contractor agrees to:
1. Provide general city attorney services, which include but are not limited to:
A. Attend regular meetings of the City Council;
B. Attend F.xecutive cessions and special meetings of the City Council,
Committee of the Whole, Committee meetings, and meetings of City Boards
and Commissions, upon request;
C. Prepare or review ordinances, resolutions, contracts, interlocal agreements,
and other city documents or materials;
D. Practice "preventative law" in the form of regular consultation with staffind
elected officials, and maintenance of between 20 and 25 "office hours" each
week at City Hall, exclusive of prosecutor time;
Provide special clnccec and /nr seminars fnr staff leete� d officials, Roards
and Commissions on issues including, hint not limited to, ethics, conflict of
interest, and the appearance of fairness doctrine
Et. Except as set forth in Section 3, defend litigation brought against the City;
M. Defend or initiate administrative hearings involving the City including, but
not limited to, drug forfeiture and seizure hearings, code enforcement, and
similar matters;
en. Such other general city attorney matters as are assigned;
HI. Provision of pagers and cellular telephones to all attorneys employed by
Contractor, and a list of such pager, and telephone numbers to the City; and
11. Comprehensive Internet and remote access capability, including e-mail,
linking Contractor's office with City Hall.
2. Provide city prosecution services, which include but are not limited to:
-4—
tiNeMC-Sttient
JK. Review, determine filing decision, and file all Tukwila Police Department
reports involving misdemeanor and gross misdemeanor crimes, and
represent the City on all contested traffic hearings;
KL. Regularly consult with and train police department personnel on selected
legal issues, and attend police department administrative staff meetings as
requested;
EM. File 1 1 I IP I _to Superior Court
U f M%Amapal C vuil 1 cumuli, under the. Rules for Appeal of versions of
Courts of Limited Turisdiction "RAI I Appeals to the Court of Appeals
or the Supreme Court, if any, shall be subject to the provisions of paragraph
3, below; and
MN. Such other city prosecution matters as are assigned.
3. Provide City Attorney services for certain litigation and administrative
proceedings, which include but are not limited to:
NO. Initiation of litigation on the City's behalf;
OP. Defense of land 1 Jse Petition Actl UPA Petitions brought against the City;
PQ. Defense, but not initiation, of appeals of criminal matters; and
QR. Representation of City in drug forfeiture or other forfeiture proceedings.
4. Provide Special Services, which include but are not limited to:
RS. Non routine labor /employment and tax law issues. City will maintain its
traditional practice of budgeting labor /employment law services through the
Department of Administrative Services. Any such Special Services shall
first be authorized by the Mayor, and shall be subject to paragraph 3 of
Exhibit B regarding compensation.
5. Provide paralegal services, which include but are not limited to:
ST. General paralegal support for the City Attomey and for the prosecuting
attorney equivalent to one FTE.
6. It is understood and agreed that the City Attorney shall not provide private legal
services to any employee of the City of Tukwila during the term of this agreement.
-5—
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FXHTRTT R COMPF.NSATTn1T ANT) MF.THCIT) OF PAYMENT
1. For all general city attorney and city prosecutor services set forth in paragraphs 1 and 2
of Exhibit A, Contractor shall be paid a flat monthly fee of $25,978.00, plus extraordinary
expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery
costs, parking, mileage costs other than to and from City Hall or other locations within the City,
and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall
not include routine photocopying, fax, or long- distance telephone charges.
2. For all litigation and administrative proceeding services set forth in paragraph 3 of
Exhibit A, Contractor shall be paid its normal hourly rates for 2003 as set forth below, together with
reimbursement for extraordinary expenses.
Attorney Hourly Rates.
Michael R. Kenyon
Bruce L. Disend
Shelley M. Kerslake
Sandra S. Meadowcroft
Joe Schultz
Steve King
Heidi Brosius
Kerri A. Bergland
Mindy Rostami
Paralegal Hourly Rates.
$185.00
$185.00
$165.00
$160.00
$135.00
$135.00
$125.00
$125.00
$125.00
Margaret C. Starkey $70.00
Sheryl S. Loewen $60.00
Pam M. Odegard $55.00
Shelly McKee $55.00
Carol Bradford $55.00
Mary Eichelberger $55.00
Cathy Tenorio $55.00
Terry Cox $55.00
Kim Obermeyer $55.00
J egpl Interns. $80.00
3. Special Services, if any, shall first be approved by the Mayor and City Council after
negotiation regarding (1) whether additional compensation is fair and equitable for such Special
Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such
Special Services.
6
.r docillefeibiliftr-inNalfeardWtit4/03
Finance and Safety Committee
February 2, 2004
Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson
Keith Haines, Rhonda Berry, Lucy Lauterbach
1. Ground Rules Dave stated basic precepts he would like the committee to follow. These
include being recognized by the chair, sticking to the subject, and not adding agenda items at the
last minute except in the most dire straits. The other members agreed. Information.
2. City Attorney Contract with Kenyon Disend The City has had a relationship with the
Kenyon Disend firm for many years. The contract this year is little changed from past years,
although the fees did go up 4 or $12,000 in the annual cost. The monthly services will cost
$25,978 /month. Their fee did not increase between 2002 and 2003. The Committee had few
comments beyond asking that acronyms be defined Dennis asked that Shelley provide training
on ethics issues such as conflict of interest, but Rhonda noted that training could probably be
given by our insurance agency, Washington Cities Insurance Agency (WCIA). The Committee
added executive sessions under the section detailing what meetings the City Attorney should
attend. Recommend contract to COW.
DRAFT
3. Martin Durkan Contract Jamie Durkan is the consultant who works on issues in Olympia
and has worked on some Sound Transit issues in the past. This year he is working on streamlined
sales tax and retiree medical insurance for us. He works in response to direction from the
mayor's office. In a change from last year, this contract only covers 6 months of work rather than
a year's work. The Committee was satisfied that he would only do the work necessary for the
legislature this year. Recommend contract to COW.
4. Interlocal Agreement for Jail Administration When the cities first started to send prisoners
to Yakima for jail, an interlocal was drawn up. Since then it has been refined, worked on by both
policy makers and professional writing teams, and is now quite clear and easy to understand.
Dennis thought the way the agreement specifies the integration of staff and elected officials was
a model for how this kind of agreement should be written. Rhonda explained how the different
layers work together. Though Tukwila is one of the 39 cities in the Jail Oversight Assembly and
Jail Operations Group, we are not on the Jail Administration Group. The Committee approved
the governance model. Recommend to COW.
5. Puget Sound Law Enforcement Information Exchange (LinX) Since 2001Tukwila has
been part of a RAIN system that shares automated information in a network among Tukwila,
Bellevue, and King County. A proposal to greatly expand that group has been made, and the new
group would be called LinX Keith is co -chair of this initiative which involves southern agencies
such as Kitsap County, Bremerton, Poulsbo, and the Naval Criminal Investigative Service.
Bainbridge, Everett, Seattle, the Seattle Port and Snohomish as well as the State Patrol are also
included in LinX King County will be invited to join in Phase 2. The proposal is to build a
system that would standardize the various and different crime reporting systems of each police
agency. Booking photos from jail will be another useful feature of the system. Microsoft is
donating programs so far, but would like some funding to take it over. The agencies will share
DRAFT
information on crimes and criminals that could be useful in looking at crime on a regional basis.
Dennis had several issues with the proposal, including the lack of oversight by any elected
officials and the use of information subject to privacy laws that the ACLU could be concerned
about. Keith assured the Committee members that LinX doesn't gather intelligence, but rather
reports on crimes and criminal information that would be available to an authorized person who
asked Dennis also thought one section allowed a small number of people to change policies.
Some of Dennis' questions are answered in a procedure manual that's being developed. Keith
thought the FBI could be asked to join, and to pay part of the costs. Paying for the system will
require funding through a grant or other method. Joan asked about use of the system by officers.
Officers will be able to access basic information from their cars, but more detailed information
will need to be gathered at a bigger computer. If our cars got more sophisticated equipment they
could access more information from the field. Joan asked if this project would require more staff.
Keith said his new computer person will be a big help, but no new additional staff is needed.
Keith will check some of these issues back to the LinX group, but the contract is now at all the
other agencies. Reschedule.
Committee chair approval
IOLA,
0r''" 1
f 4 9 I r%.
J Oa
/939
ITEM INFORMATION
CAS Number: 04-020
I Original Agenda Date: February 9, 2004
Agenda Item Title: Professional Services Contract with Martin J. Durkan
I Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if
known):
Fund Source (if known)
Meeting Date
COUNCIL AGENDA SYNOPSIS
Meeting Date
02/09/04
Prepared by
RAB
Council Admin.x
Initials
Mayor's review 1 Council review
,c.c.s- J G H
ITEM No.
4.
This contract is to allow Martin Durkan to continue to represent the City locally on
intergovernmental matters with King County, Washington State government, and
with our Congressional delegation as appropriate.
Authorize Mayor to sign agreement
$24,000
General Fund (Mayor's Office Professional Services Budget)
RECORD OF COUNCIL ACTION
Action
APPENDICES
Meeting Date I Attachments
02 -09 -04 I Memo from Mayor to Finance Safety Committee
Contract for Services
Minutes from Finance Safety Committee dated 2/2/04
G
To: Finance Safety Committee
FROM: Mayor's Office
DATE: January 27, 2004
MEMORANDUM
SUBJECT: Professional Services Contract
Martin J. Durkan
Attached for your consideration is a contract with Martin J (Jamie) Durkan. Please
review the contract and forward to COW for review and approval.
Contract For Services
This agreement is entered into by and between the City of Tukwila, Washington,
a non charter optional municipal code city hereinafter referred to as "the City
and, MJ Durkan, Inc., hereinafter referred to as "the Contractor' whose principal
office is located at 330 Southwest 43 Street Plaza, Suite 357, Renton,
Washington 98055.
Whereas, the City has determined the need to have certain services performed
for its citizens but does not have the staff resources or expertise to perform such
services, and
Whereas, the City desires to have the Contractor perform such services
pursuant to certain terms and conditions, now, therefore,
In Consideration of the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
Scone and Schedule of Services to be Performed by Contractor. The Contractor
shall perform those services described on Exhibit A attached hereto and
incorporated herein by this reference as if fully set forth. In performing such
services, the Contractor shall at all times comply with all Federal, State, and local
statutes, rules and ordinances applicable to the performance of such services
and the handling of any funds used in connection therewith. The Contractor
shall request and obtain prior written approval from the City if the scope or
schedule is to be modified in any way.
Compensation and Method cif Payment. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit A (Fees)
attached hereto and incorporated herein by this reference. The total amount to
be paid shall not exceed twenty four thousand dollars ($24,000) plus expenses.
Expenses shall be detailed on each monthly billing and shall not exceed five
hundred dollars ($500) per month without prior approval of the City.
Contractor Budget. The Contractor shall apply the funds received under this
Agreement within the maximum limits set forth in this Agreement. The
Contractor shall request prior approval from the City whenever the Contractor
desires to amend its budget in any way.
Duration of Agreement. This Agreement shall be in full force and effect for a
period commencing January 1, 2004 and ending June 30, 2004 unless sooner
terminated under the provisions hereinafter specified.
Independent Contractor. The Contractor and the City agree that the Contractor
is an independent contractor with respect to the services provided pursuant to
Contract for Services
MJ Durkan
January 2004
Page 2
this Agreement. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither the
Contractor nor any employee of the Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer
with respect to the Contractor, or any employee of the Contractor.
Indemnification. The Contractor shall indemnify, defend and hold harmless the
City, its officers, agents and employees, from and against any and all claims,
losses, or liability, including attorney's fees, arising from injury or death to
persons or damage to property occasioned by any act, omission or failure of the
Contractor, its officers, agents and employees, in performing the work required
by this Agreement.
With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial
Insurance Act, for injuries to its employees, and agrees that the obligation to
indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Contractor. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to
any damage resulting from the sole negligence of the City, its agents and
employees. To the extent any of the damages referenced by this paragraph
were caused by or resulted from the concurrent negligence of the City, its agents
or employees, this obligation to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of the Contractor, its officers,
agents, and employees.
Insurance. The Contractor shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a
minimum coverage of $500,000.00 per occurrence /aggregate for personal injury
and property damage. Said policy shall name the City of Tukwila as an
additional named insured and shall include a provision prohibiting cancellation or
reduction in the amount of said policy except upon thirty (30) days prior written
notice to the City. Cancellation of the required insurance shall automatically
result in termination of this Agreement. Certificates of coverage shall be
delivered to the City within fifteen (15) days of execution of this Agreement.
Record KeeDino and Renortina. The Contractor shall maintain accounts and
records, including personnel, property, financial and programmatic records that
sufficiently and properly reflect all direct and indirect costs of any nature
expended and services in the performance of this Agreement. The City shall
Contract for Services
MJ Durkan
January 2004
Page 3
maintain these records for a period of seven years after termination hereof
unless permission to destroy them is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and.
Audits and Inspections. The records and documents with respect to all matters
covered by this Agreement shall be subject to inspection, review or audit by law
during the performance of this Agreement.
Termination. The City giving to the Contractor thirty days written notice of the
City's intention to terminate the same may at any time terminate this Agreement.
Failure to provide products on schedule may result in contract termination. If the
Contractor's insurance coverage is canceled for any reason, the City shall have
the right to terminate this Agreement.
Discrimination Prohibited. The Contractor shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the
Contractor to be provided under this Agreement on the basis of race, color,
religion, creed, sex, age, national origin, marital status or presence of any
sensory, mental or physical handicap.
Assignment and Subcontract. The Contractor shall not assign or subcontract
any portion of the services contemplated by this Agreement without the written
consent of the City.
Entire Agreement. This Agreement contains the entire agreement between the
parties hereto and no other Agreements, oral or otherwise, regarding the subject
matter of this Agreement, shall be deemed to exist or bind nay of the parties
hereto. Either party may request changes in the agreement. Proposed changes,
which are mutually agreed upon, shall be incorporated by written amendments to
this Agreement.
Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Notices to the Contractor shall be sent to the following address:
MJ Durkan, Inc.
Martin J. Durkan
330 Southwest 43 Street Plaza, Suite 357
Renton, WA 98055
Contract for Services
MJ Durkan
January 2004
Page 4
Applicable Law: Venue: Attornev's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the
event any suit, arbitration, or proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that the venue shall be
properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
DATED this day of
CONTRACTOR: CITY OF TUKWILA
BY:
TITLE
ATTEST /AUTHENTICATED:
Mayor, Steven M. Mullet
CITY CLERK, Jane E. Cantu
APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY
BY:
Contract for Services
MJ Durkan
January 2004
Page 5
Exhibit A
Scope of Services
The Consultant shall, at the direction of the Tukwila Mayor's Office: 1) work with
Tukwila officials, King County elected officials, State elected officials and Sound
Transit Board members in an effort to gain further improvements to the Light Rail
routing through the City of Tukwila in a manner most consistent with local,
regional and state land use and transportation policies. 2) Work with local,
regional and state officials on general matters of interest to the City of Tukwila 3)
Notify the Tukwila Mayor's Office of emerging issues of importance to the City.
It is understood that the above -cited tasks are representative of the requirements
associated with achieving the City's objectives and are not necessarily an all
inclusive description of the Consultant's efforts.
Contract for Services
MJ Durkan
January 2004
Page 6
Exhibit B
Terms of Payment
The consultant will invoice the City for the work completed at the rate of $4,000
per month at the close of each month. Invoices will be paid within twenty (20)
days of receipt. Any extraordinary expenses claimed shall first be approved by
the City of Tukwila before the consultant obligates any funds. Expenses shall be
detailed on each monthly billing and shall not exceed five hundred dollars ($500)
per month without prior approval of the City.
Finance and Safety Committee
February 2, 2004
DRAFT
Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson
Keith Haines, Rhonda Berry, Lucy Lauterbach
1. Ground Rules Dave stated basic precepts he would like the committee to follow. These
include being recognized by the chair, sticking to the subject, and not adding agenda items at the
last minute except in the most dire straits. The other members agreed. Information.
2. City Attorney Contract with Kenyon Disend The City has had a relationship with the
Kenyon Disend firm for many years. The contract this year is little changed from past years,
although the fees did go up 4 or $12,000 in the annual cost. The monthly services will cost
$25,978 /month. Their fee did not increase between 2002 and 2003. The Committee had few
comments beyond asking that acronyms be defined Dennis asked that Shelley provide training
on ethics issues such as conflict of interest, but Rhonda noted that training could probably be
given by our insurance agency, Washington Cities Insurance Agency (WCIA). The Committee
added executive sessions under the section detailing what meetings the City Attorney should
attend. Recommend contract to COW.
3 Martin Durkan Contract Jamie Durkan is the consultant who works on issues in Olympia
K�' and has worked on some Sound Transit issues in the past. This year he is working on streamlined
sales tax and retiree medical insurance for us. He works in response to direction from the
mayor's office. In a change from last year, this contract only covers 6 months of work rather than
a year's work. The Committee was satisfied that he would only do the work necessary for the
legislature this year. Recommend contract to COW.
4. Interlocal Agreement for Jail Administration When the cities first started to send prisoners
to Yakima for jail, an interlocal was drawn up. Since then it has been refined, worked on by both
policy makers and professional writing teams, and is now quite clear and easy to understand.
Dennis thought the way the agreement specifies the integration of staff and elected officials was
a model for how this kind of agreement should be written. Rhonda explained how the different
layers work together. Though Tukwila is one of the 39 cities in the Jail Oversight Assembly and
Jail Operations Group, we are not on the Jail Administration Group. The Committee approved
the governance model. Recommend to COW.
5. Puget Sound Law Enforcement Information Exchange (LinO Since 2001Tukwila has
been part of a RAIN system that shares automated information in a network among Tukwila,
Bellevue, and King County. A proposal to greatly expand that group has been made, and the new
group would be called LinX. Keith is co -chair of this initiative which involves southern agencies
such as Kitsap County, Bremerton, Poulsbo, and the Naval Criminal Investigative Service.
Bainbridge, Everett, Seattle, the Seattle Port and Snohomish as well as the State Patrol are also
included in LinX King County will be invited to join in Phase 2. The proposal is to build a
system that would standardize the various and different crime reporting systems of each police
agency. Booking photos from jail will be another useful feature of the system. Microsoft is
donating programs so far, but would like some funding to take it over. The agencies will share
DRAFT
information on crimes and criminals that could be useful in looking at crime on a regional basis.
Dennis had several issues with the proposal, including the lack of oversight by any elected
officials and the use of information subject to privacy laws that the ACLU could be concerned
about. Keith assured the Committee members that LinX doesn't gather intelligence, but rather
reports on crimes and criminal information that would be available to an authorized person who
asked Dennis also thought one section allowed a small number of people to change policies.
Some of Dennis' questions are answered in a procedure manual that's being developed. Keith
thought the FBI could be asked to join, and to pay part of the costs. Paying for the system will
require funding through a grant or other method. Joan asked about use of the system by officers.
Officers will be able to access basic information from their cars, but more detailed information
will need to be gathered at a bigger computer. If our cars got more sophisticated equipment they
could access more information from the field. Joan asked if this project would require more staff.
Keith said his new computer person will be a big help, but no new additional staff is needed.
Keith will check some of these issues back to the LinX group, but the contract is now at all the
other agencies. Reschedule.
Committee chair approval