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HomeMy WebLinkAboutFS 2007-01-16 COMPLETE AGENDA PACKET Distribution: S. Kerslake w City of Tukwila V. Griffin T. Kinlow y J. Haggerton S. Lancaster J. Finance Safety Commiffee D Hernandez M. Mortice Q i D. Robertson J. Morrow NX •i• Jim Haggerton, Chair Mayor Mullet C. O'Flaherty R. Berry N. Olivas Joan Hernandez J. Cantu D. Speck 1908 B. Fletcher R. Still Dennis Robertson K. Fuhrer D. Tomaso D. Haynes Judge Walden D. Jenkins CC File (cover) V. Jessop P. Beckwith AGENDA TUESDAY, January 16, 2007 (Monday is a Holiday) Conference Room #3; 5.00 PM Item Action to be Taken Page 1. PRESENTATIONS 2. BUSINESS AGENDA a. Alcoholic Beverage Control /Enforcement; a. Forward to 1/22 COW. Pg. 1 Peter Beckwith, Assistant City Attorney. b. Ordinance repealing TMC 8.75 Curfew for Minors; b. Forward to 1/22 COW. Pg. 9 Peter Beckwith, Assistant City Attorney. c. Amendment to the gambling tax ordinance; c. Forward to 1/16 Regular. Pg.15 Kevin Fuhrer, Finance Director and City Attorney. d. Contract for services with Ball Janik, LLC; d. Forward to 1/16 Regular. Pg.21 Rhonda Berry, City Administrator. e. Contract for services with M. J. Durkan, Inc.; e. Forward to 1/16 Regular. Pg.31 Rhonda Berry, City Administrator, f. Contract for services with Kenyon Disend, PLLC; f. Forward to 1/16 Regular. Pg.39 Rhonda Berry, City Administrator. g. Windstorm After Action Report; g. Forward to 1/22 COW. Pg.49 Jim Morrow, Public Works Director. 3. OLD BUSINESS 4. ANNOUNCEMENTS S. MISCELLANEOUS Next Scheduled Meeting: Monday, February 5, 2007 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206- 433 -1800 for assistance. KENYON DISEND, PLLC THE MUNICIPAL LAW Final MICHAEL R. KENYON 11 FRONT STREET SOUTH LACEY L. MADCHE BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH i4ii'ii'.KEN\ YONDI SEND. COM THOMAS J. GuiLFOIL SANDRA S. MEADOVi'CROFT (425) 392 -7090 (206) 628 -9059 RENEE G. WALLS SHELLEY A4- KERSLAKE FAX (425) 392 -7071 JOSEPH B. LEVA.'v CHRES D. BACHA KARI L. SAND BIEIDI L. BROSIUS INFORMATION MEMO MONICA A. BUCK KERRI A. JORGENSEN KATHRYN J. LARDY To: Finance and Safety Committee From: Peter Beckwith, Assistant City Attorney Date: December 28, 2006 Re: Alcoholic Beverage Control/Enforcement ISSUE Whether the City should amend TMC 8.03.010 relating to Alcoholic Beverage Control and Enforcement. BACKGROUND TMC 8.30.010 and .030 are currently not in compliance with state law. To come into compliance, TMC 8.30.010 should be amended and TMC 8.30.030 should be repealed. DISCUSSION This is a house keeping matter. Currently TMC 8.30.030 makes an open container violation a misdemeanor punishable by jail and fines. This is contrary to RCW 66.44.100, which makes an open container violation a civil infraction. The City Attorney's Office is proposing the repeal of TMC 8.30.030 and the adoption of RCW 66.44.100 by reference. This will be codified at TMC 8.30.010. This change would allow the Police Department and the Prosecutor to appropriately handle these types of cases. In reviewing TMC 8.30.010 a few minor edits were made to mirror the language in RCW 66.44. RCW 66.44.291, as referenced in TMC 8.30.010, has been repealed, thus, this section was modified to reflect this change. RECOMMENDATION Approval of ordinance. Attachments: Proposed ordinance and ordinance in track change. G: \City Attorney \PETERNPolice\ME? O Open Co diner Info.doc' 2/28106 J WASHINGTON CITIES SINCE 1993 CITY OF TUKWILA 'v ASHINGTON ORDINANCE NO. 0 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING TUKWILA MUNICIPAL CODE SECTION 8.03.030; Al\fEj\TJ)ING TUKWILA l\HJ1't'ICIPAL CODE SECTION 8.03.010 RELATING TO ALCOHOLIC BEVERAGE CONTROL A1,\TJ) El\"FORCE1\fENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City desires to update Tukwila Municipal Code Chapter 8.03 regarding alcoholic beverages to reflect changes to the Revised Code of Washington; NOW, TIIEREFORE, TIIE CITY COUNCIL OF THE CITY OF TUK\V1LA, WASHINGTON, DO ORDAIN AS FOLLO\VS: Section 1. Repealer. Tukwila Municipal Code Section 8.03.030 is hereby repealed in its entirety. Section 2. TMC 8.03.010, Amended. Tuk\vila Municipal Code Section 8.03.010 (Alcoholic Beverage Control- Enforcement) is hereby amended to read as follows: 8.03.010 Alcoholic Beverage Control- Enforcement The following statutes of the State of Washington are adopted by reference, as presently constituted or hereinafter amended, and wherever the word "title" or words "this title" are used therein, the same shall be construed to mean and refer to RCW Title 66, and "this act" shall mean and refer to the Washington State Liquor Act: 66.04.010 66.20.200 66.20.210 66.28.080 66.28.090 66.44.010 66.44.040 66.44.050 66.44.060 Definitions. Unlawful acts relating to card of identification and certification card - Penalties. Licensee's immunity to prosecution or suit - Certification card as evidence of good faith. Permit for music and dancing upon licensed premises. Licensed premises or banquet permit premises open to inspection - Failure to allow, violation. Local officers to enforce law - Authority of board - Liquor enforcement officers. Sufficiency of description of offenses in complaints, informations, process, etc. Description of offense in words of statutes - Proof required. Proof of unlawful sale establishes prima facie intent. - I - Y:\Citv Af1oITlev\PEfER\Police\Drinkin. ill Public,DOC.'];i!~?~~?__ m __ m_ :b ,I Deleted: C:\W1NDOWSIDesktop\Drin ;' i king in Public. DOC : ; :' .( Deleted: PBB . .' 66.44.070 Certified analysis is prima facie evidence of alcoholic content. 66.44.080 Service of process on corporation. 66.44.090 Acting \vithout license. .~~:41JQLuQpeI1ing or_(;o~~!-!~~Ji~~_<?r~ l?!-!~Ji_c l?Jace.:)~~nfilty:uuuuu_u uuuu__________' /~ Formatted: Underline 66.44.120 Unlawful use of seal. 66.44.130 Sales ofliquor by drink or bottle. 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash. Buying liquor illegally. Illegal possession, transportation of alcoholic beverages. Illegal possession of liquor \vith intent to sell - Prima facie evidence, what is. Violations oflaw. General penalties - Jurisdiction for violations. Sales to persons apparently under the influence of liquor - Purchases or consumption by persons apparently under the influence of liquor on licensed premises - Penalty - Notice - Separation of actions. Obtaining liquor for ineligible person. Drinking in public conveyance - Penalty agaiiist carrier - Exception. Drinking in public conveyance - Penalty against individual - Restricted application. 66.44.270 Furnishing liquor to minors - Possession, use - Penalties - Exhibition of effects - Exceptions. 66.44.280 Minor applying for permit. 66.44.290 Minor purchasing or attempting to purchase liquor .: ,:p.~Ilal!y.. u u. u __ __ u u __ __ no __ _ _' _ -' ' Formatted: Underline .~~ ._1_~ :?5? J. _ _. _ MiIl<:>.r .P.l:lT.C:~.~iIlg.. <?:t:. ~~(;~!iJ1g. ~~. Rl}.:t:~~~5? E9.l:l~~.... I>.~~J!):, aJ;a.i~?,t _ _ _ _ _ _ _ _.. __,. - - -' Formatted: Strikethrough persons between ages of eighteen and tvo'enty, inclusi':e. 66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, inFPl!lJ.li_c:.pl~<::~.,,-\'he~~Jiq~.<?T.~.o!~:m,u__uu.u,u__/'--'{ Formatted: Strikethrough 66.44.310 Minors frequenting off-limits area - Misrepresentation of age - Penalty - Classification oflicensees. 66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. 66.44.325 Unlawful transfer to il.~~~.()x.~j~~n@~.<!'ti.<?~.<?f~g~A~~tification:mm__uu__<--'-"{Formatted: Strikethrough 66.44.328 Preparation or acquisition and supply to persons under age twenty-one . '1 Formatted: Strikethrough of facsimile of official identification card - Penalty. - i Formatted: Underline 66.44.340 Employees eighteen years and over allowed to sell and handle beer and ' wine for certain licensed employers. 66.44.370 Resisting or opposing officers in enforcement of title. 66.44.150 66.44.160 66.44.170 66.44.175 66.44.180 66.44.200 66.44.210 66.44.240 66.44.250 Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. ,1 Deleted: C:\WINDOWS'Desk'toplDrin ;'r king in Public,DOC . , :' :l Deleted: PBB , , -2- Y:ICitv AUoTTIC\',PETERIPoliceIDrinkine in Pllblic_DOCmW~~Ol'i..... u..,.. uuuu u u. u..u _. :< \.J Section 4. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE_DAY OF ,2007. CITY OF TIJK\VILA Mayor Steven M. Mullet ATTEST/AUTHENTICATED: Jane Cantu, City Clerk Approved as to form: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Date of Publication: Effective Date: -3- Y:iCitv AttomeV'PETER\Police\Drinkin~ iu Publio.DOC'{.)i!;V22iQI5_ _ ___ _n m___ _ _ m _ _ _ __ _ _____ m _ _ _ m__ _ __ _ n _ n __ 2/ .f Deleted: C:iWINDOWSiDesktop\Drin .... l king in Public. DOC ,: ,! Deleted: PBB , ,;. , , " " CITY OF TUKWILA \V ASHINGTON ORDINA..~CE NO. 0 AN ORDINANCE OF THE CITY OF TUK\VILA, WASHINGTON, REPEALING TUKWILA MUNICIPAL CODE SECTION 8.03.030; AMENDING TUKWILA MUNICIPAL CODE SECTION 8.03.010 RELATING TO ALCOHOLIC BEVERAGE CONTROL AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City desires to update Tukwila Municipal Code Chapter 8.03 regarding alcoholic beverages to reflect changes to the Revised Code of Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repealer. Tukwila Municipal Code Section 8.03.030 is hereby repealed in its entirety. Section 2. TMC 8.03.010, Amended. Tukwila Municipal Code Section 8.03.010 (Alcoholic Beverage Control- Enforcement) is hereby amended to read as follows: 8.03.010 Alcoholic Beverage Control- Enforcement The following statutes of the State of Washington are adopted by reference, as presently constituted or hereinafter amended, and wherever the word "title" or words "this title" are used therein, the same shall be construed to mean and refer to RCW Title 66, and "this act" shall mean and refer to the Washington State Liquor Act: 66.04.010 66.20.200 66.20.210 66.28.080 66.28.090 66.44.010 66.44.040 66.44.050 66.44.060 Definitions. Unlawful acts relating to card of identification and certification card - Penalties. Licensee's immunity to prosecution or suit - Certification card as evidence of good faith. Permit for music and dancing upon licensed premises. Licensed premises or banquet permit premises open to inspection - Failure to allow, violation. Local officers to enforce law - Authority of board - Liquor enforcement officers. Sufficiency of description of offenses in complaints, informations, process, etc. Description of offense in words of statutes - Proof required. Proof of unlawful sale establishes prima facie intent. - 1 - Y:\City Attomey\PETER\Police\Drinking in Public.DOCIT!l2122/06 I; 66.44.070 66.44.080 66.44.090 66.44.100 66.44.120 66.44.130 66.44.140 66.44.150 66.44.160 66.44.170 66.44.175 66.44.180 66.44.200 66.44.210 66.44.240 66.44.250 66.44.270 66.44.280 66.44.290 66.44.300 66.44.310 66.44.316 66.44.325 66.44.328 66.44.340 66.44.370 Certified analysis is prima facie evidence of alcoholic content. Service of process on corporation. Acting without license. Opening or consuming liquor in public place - Penalty. Unlawful use of seal. Sales of liquor by drink or bottle. Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash. Buying liquor illegally. illegal possession, transportation of alcoholic beverages. illegal possession of liquor with intent to sell - Prima facie evidence, what is. Violations oflaw. General penalties - Jurisdiction for violations. Sales to persons apparently under the influence ofliquor - Purchases or consumption by persons apparently under the influence of liquor on licensed premises - Penalty - Notice - Separation of actions. Obtaining liquor for ineligible person. Drinking in public conveyance - Penalty against carrier - Exception. Drinking in public conveyance - Penalty against individual - Restricted application. Furnishing liquor to minors - Possession, use - Penalties - Exhibition of effects - Exceptions. Minor applying for permit. Minor purchasing or attempting to purchase liquor - Penalty. Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold. Minors frequenting off-limits area - Misrepresentation of age - Penalty - Classification of licensees. Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. Unlawful transfer to minor of identification. Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card - Penalty. Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers. Resisting or opposing officers in enforcement of title. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 4. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. Y:\City Attorney\PETER\Police\Drinking in Public.DOCrrI12/22/06 -2- to ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF ,2007. CITY OF TUKWILA Mayor Steven M. Mullet ATTEST/AUTHEJ\TTICATED: Jane Cantu, City Clerk Approved as to form: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Date of Publication: Effective Date: - 3 - Y:\City Attorney\PETER\Police\Drinking in Public.DOC/T/12/22/06 -; KENYON DISEND, PLLC THE MUNICIPAL LA TV FIRM MICHAEL R. KENYON BRUCE L. DISEND 11 FRONT STREET SOUTH ISSAQUAH, \V ASHINGTON 98027-3820 WWW.KENYONDISEND.COM (425) 392-7090 . (206) 628-9059 FAX (425) 392-7071 LACEY L. MADCHE PETER B. BECKWITH THOMAS J. GUILFOIL RENEE G. WALLS JOSEPH B. LEV fu~ KARl L. SAND MONICA A. BUCK KATHRYNJ. HARDY SANDRA S. MEADOWCROFT SHELLEY M. KERSLAKE CHRIS D. BACHA HEIDI L. BROSIUS KERR! A. JORGENSEN INFORl\1ATION MEl\fO To: From: Date: Re: Finance and Safety Committee Peter Beckwith, Assistant City Attorney W December 22, 2006 Ordinance Repealing TMC 8.75 Curfew for Minors ISSUE Whether the City should repeal TMC 8.75 regarding curfe\vs for minors. BACKGROUND In the \Vashington State Supreme Court case, City of Sumner v. Walsh, 148 Wn.2d 460 (2003), the Court held unconstitutional a juvenile curfew ordinance. The Sumner ordinance made it unlawful for juveniles to remain in a public place after curfew hours but provided a list of exemptions. The Court found the ordinance to be vague and that the exemptions could not be applied in a non-arbitrary manner. Id. at 502. DISCUSSION TMC 8.75, Curfew for Minors, is very similar to the Sumner ordinance. The Court's analysis and holding would apply to the City's curfew language. Even if the City were to revise its curfew language, it may still be challenged as a violation of a juvenile's right to move freely in public places. This issue was raised by the Court in a footnote and addressed more thoroughly in Justice Chambers's concurring opinion. Id. (FN 8). As the City's current curfew is unconstitutional it should be repealed. RECOMMENDATION Repeal TMC 8.75 Attachments: Proposed ordinance. TMC 8.75 G:\City Attomey\PETER\Police\MEMO - Juvenile Clufew RepealqJwo.dOClP!l2I28!06 C S 1993 ~ERVING WASHINGTON lTIES INeE c; CITY OF TUKWlLA WASHINGTON ORDINANCE NO. 0 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING TUKWILA MUNICIPAL CODE CHAPTER 8.75 REGARDING CURFEWS FOR lVIINORS; PROVIDING FOR SEVERABILITY; AND ESTABLISIDNG AN EFFECTIVE DATE WHEREAS, The Washington State Supreme Court has ruled that juvenile curfews similar to Tukwila Municipal Code Chapter 8.75 are unconstitutional, the City Council of the City of Tukwila desires to repeal Tukwila Municipal Code Chapter 8.75; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, "WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repealer. Tukwila Municipal Code Chapter 8.75 entitled "Curfews for Minors" is hereby repealed in its entirety. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 3. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date ofpublication. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF , 2004. CITY OF TUKWILA Mayor Steven M. Mullet ATTEST/AUTHENTICATED: . Approved as to form: Jane Cantu, City Clerk Shelley M. Kerslake, City Attorney Filed \vith the City Clerk: _ 1 _ Passed by the City Council: Y:\City Attomey\PETER\Police\curfew - repeaJer.DOC/T/12/23/06 Date of Publication: Effective Date: ) 0 TUKWILA MUNICIPAL CODE person before the court at the time of issuance of the order. C. The written SOAR order shall contain the court's directives and shall bear the statement: "Violation of this order is a criminal offense under TMC 8.72.060 and will subject the violator to arrest." (Clrd, 201./ ~lfpart)~ 20G3} 8.72.060 Violation of SOAR Orders A. In the event a police officer has probable cause to believe that a person has been issued a SOAR order as a condition of pre-trial release or a sentence imposed by the court and, in the officer's presence, the person is seen violating or failing to comply with any require- ment or restriction imposed upon that person by the court as a condition of his or her pre-trial release or condition of sentence, the officer may arrest the viola- tor without warrant for violation of the SOAR order and shall bring that person before the court that issued the order. B. When a SOAR order is issued pursuant to this chapter and the person so named in the order has notice of the order, a violation of any of the provisions of the SOAR order is a gross misdemeanor and shall be punishable by a fine not to exceed $5,000 or impris- onment not to exceed more than one year, or both. fOrd. 20 f 7 fj I /fJar(~ 20G]} Chapter 8.75 CURFEW FOR MINORS Sections: 8.75.010 Definitions 8.75.020 Curfew Established 8.75.030 Exemptions 8.75.040 Enforcement 8.75.050 Violations/Penalties 8.75.010 Definitions A. "Aid" means all assistance whether given by words, acts, encouragement, support, presence or neglect of parental or custodial responsibilities for a minor required by any existing or hereafter enacted statute of this state. B. "Aid and abet" means that a person with knowledge that it will promote or facilitate the com- mission of a curfew violation, either: 1. solicits, commands, encourages, or requests a minor to commit the violation; or 2. aids or agrees to aid a minor or another person in planning or committing the violation. C. "Custodian" means any person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a juvenile. D. "Curfew hours" means: 1. 11 :OOPM on Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00AM the following day, and 2. 11 :59PM until 5:00AM any Friday or Satur- day. E. "Emergency" means an unforeseen combina- tion of circumstances or the resulting state that calls for immediate action. The term includes, but is not lim- ited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of property. F. "Establishment" means any privately-owned place of business operated for a profit, to which the public is invited, including, but not limited to, any place of amusement or entertainment. G. "Extended family member" means grand- parent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin who is not a minor and with whom the minor child has a relationship and is comfortable with and who is willing and available to care for the child. H. "Guardian" means an individual, other than a parent, who legally has the responsibility for the care and management of a child during its minority. 1. "Minor" means any person under 18 years of age. Page 8-46 Printed July 2006 II TITLE 8 - PUBLIC PEACE, MORALS AND SAFETY ~ J. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or step-parent of a minor. K. "Public place" means any place to which the public or a substantial group of the public has visual or physical access to and includes, but is not limited to, streets, highways, parks, and the common areas of schools, hospitals, apartment houses, commercial buildings, parking lots, automobiles, transportation facilities, and shops, businesses and buildings open to the general public, including those which serve food or drink or provide entertainment, and their doorways, entrances and grounds. L. "Remain" means to linger or stay; or to fail to leave the premises or area when requested to do so by a police officer or the property owner, operator or other person responsible for the place. (Ora. j973 sf, 2(01) r/ 8.75.020 Curfew Established A. A minor commits the offense of "curfew viola- tion" if he or she remains in any public place or estab- lishment within the City of Tukwila during curfew hours, except as permitted under the provisions of this chapter. B. Any person, including the minor's parent, custodian, or legal guardian, commits the offense of "curfew violation" if he or she knowingly aids or abets the minor to commit a "curfew violation". {Orc. j97352} 20G]) -> 8.75.030 Exemptions It shall not be deemed an offense under this chapter if any of the following conditions are found to apply. The minor was: 1. Accompanied by a parent, guardian, ex- tended family member or custodian, provided that person is over 18 years of age. 2. On an errand at the direction of the minor's parent or guardian, without any unnecessary detour or stop. 3. Attending, going to, or returning home from directly and without any detour, any social, school, political, religious, or recreational activity or gathering, including but not limited to dances, school, club or social gatherings, political rallies, vigils, or protests, religious gatherings, study groups, theater presentations, concerts, sporting events, or the like, whether it is an officially organized activity or gathering by an overseeing body, such as a school, or not. 4. Involved in an emergency. 5. Engaged in lawful employment or traveling to or from an employment activity, without a detour or stop. J~ 6. In a motor vehicle involved in interstate travel with the consent of a parent guardian, or other adult having custody or control of such minor. fOrd. 1973 &3; 2()()jj 8.75.040 Enforcement A. Unless flight by the person or other circum- stances make it impractical, a police officer shall, prior to taking a minor into custody for a curfew violation, approach, detain and allow the minor an opportunity to dispel the belief a police officer may have that a curfew violation is being committed by requesting the minor to provide identification, age, parent's name and address, and to explain their presence and conduct. A police officer shall not issue a citation or take further action unless the officer reasonably believes an offense has occurred, and that, based on any response provided by the minor and other circumstances, none of the exemptions under Section 8.75.030 are present. B. An officer who reasonably believes that a minor is committing a curfew violation shall have the authority to take the minor into custody. C. The officer shall inform the minor of the reason for such custody and shall, after attempting to call a parent or guardian by phone, either: 1. Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home. The parent may request that the officer take the child to the home of an adult extended family member, responsible adult, crisis residential center, the Department of Social and Health Services, or a licensed youth shelter. In responding to the request of the parent, the officer should take the child to a requested place, which, in the officer's belief, is within a reason- able distance of the parent's home. The officer releas- ing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or 2. Take the child to a designated crisis residential center's secure facility or a center's semi- secure facility if a secure facility is full, not available, or not located within a reasonable distance, if: a. a child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing some type of child abuse or neglect, as defined in RCW 26.44.020; or b. it is not practical to transport the child to his or her home or place of the parent's employment; or c. there is no parent available to accept custody of the child. Printed July 2006 Page 8-47 TUKWILA MUNICIPAL CODE 3. After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the Department of Social and Health Services to accept custody of the child. If the Department determines that an appropriate placement is currently available, the Department shall accept custody and place the child in an out-of-home placement. If the Department declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed: the home of an adult extended family member, a responsible adult, a licensed youth shelter; and shall immediately notify the Department if no placement option is available and the child is released. D. An officer's responsibilities under this section, after taking a minor into custody for a curfew violation, shall be changed, expanded or limited without further amendment to be consistent with the provisions of RCW 13.32A.050 and .060 as now or hereafter amended. (Ord.. 197384. 20()[} 8.75.050 Violations/Penalties A. A curfew violation is designated as a civil infraction. The Tukwila Municipal Court shall have jurisdiction over all civil infractions issued under this chapter. Civil infractions shall be issued and processed in accordance with RCW 7.80, which is incorporated herein by reference. B. A person found to have committed an infraction shall be assessed a monetary penalty according to the following scale: 1. First offense not to exceed $50.00. 2. Second offense not to exceed $100.00. 3. Third offense not to exceed $250.00. C. A minor's parent, custodian, or legal guardian is responsible for payment of any monetary penalty imposed upon a minor under this chapter. fOrd 1973 !i5, 200i} Chapter 8.80 MISCELLANEOUS CRIMES Sections: 8.80.010 Conduct Prohibited 8.80.020 Littering, Pollution And Smoking 8.80.030 United States and State Flags - Related Crimes 8.80.010 Conduct Prohibited The following statutes of the State of Washington are adopted by reference: RCW 9.91.010 Denial of civil rights - Terms defined. RCW 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. RCW 9.91.025 Unlawful bus conduct. RCW 9.91.110 Meal buyers - Records of purchases - Penalty. [Ord. 1389 il) 198zJ~' Oid J363 !}J(par(!: IvE5; 8.80.020 Littering, Pollution and Smoking The following statutes of the State of Washington are adopted by reference, as presently constituted or hereinafter amended: RCW 70.93.060 Littering prohibited - Penalties. RCW 70.54.010 Polluting water supply - Penalty. RCW 70.155.080 Purchasing, possessing, or obtaining tobacco by persons under the age of eighteen - Civil infraction - Courts of jurisdiction. RCW 70.160.020 Definitions. RCW 70.160.030 Smoking in public places except designated smoking areas prohibited. RCW 70.160.040 Designation of smoking areas in public places - Exceptions - Restau- rant smoking areas - Entire facility or area may be designated as nonsmoking. RCW 70.160.050 Owners, lessees to post signs prohibiting or permitting smoking - Boundaries to be clearly designated. RCW 70.160.060 Intent of chapter as applied to certain private workplaces. RCW 70.160.070 Intentional violation of chapter - Removing, defacing, or destroying required sign - Fine - Notice of infraction - Exceptions - Violations of RCW 70.160.040 or 70.160.050 - Subsequent violations - Fine - . ,~r:!o~c_em~n~ by ~e o~i~ials. __ {Ora, 1 Ju3 S i} 2u(Ju~' Ora. 1363 !jl fpart); 19Hj} /3 Page 8-48 Printed July 2006 To: Finance & Safety Committee From: Kevin A. Fuhrer, Finance Director tilL Date: January 8, 2007 Subject: Ordinance Amending TMC Section 3.08.030 - Gambling Tax \Vaiver for Charitable and Non-Profit Organizations Based upon the direction of the Council at the December 11, 2006 special meeting, administration is moving forward with a recommended amendment to the TMC that will provide for a gambling tax waiver for charitable and non-profit organizations. The Seattle Jaycees are the sole organization located in the city to which the amendment would apply. I have attached the following items for your review: o Memo from Mayor Mullet dated December 7,2006 o Draft Ordinance amending TMC Section 3.08.030 o TMC Section 3.08.030 Assistant City Attorney Peter Beckwith prepared the proposed amendatory language. Council President Griffin has graciously agreed to place this item on the January 16, 2007 regular council meeting agenda. I look forward to reviewing this with you at our committee meeting next week. /5 City of Tukwila 6200 Southcenter Boulevard · Tukwila, Washington 98188 Steven M. Mullet, Mayor To:~ City Council Q~""" Mayor Mullet From: Date: December 7,2006 Su?ject: Seattle Jaycees Request for \Vaiver of City Gambling Tax As .you are aware, in the waiver request presented by the Seattle Jaycees they have cited a dire financial condition that presents the distinct likelihood that they will lose their gambling license. Without state licensing, the organization will be faced with closing its bingo operation in Tukwila. To put it in perspective, the Jaycees currently employ 18 staff and generated $75,000 in gambling tax revenue in 2005. A payment waiver of municipal gambling taxes by charitable non-profit organizations has precedent. The City of Lakewood exempts these agencies and I understand that the City of Tacoma is currently considering the matter. The granting of a waiver will necessitate an amendment of the Tukwila Municipal Code (TMC). I will present this infoffi1ation during my report at the December 11, 2006 Special Council Meeting. I would like to obtain your feedback to determine if there is support in having Administration bring an amendment to the TMC for Council consideration in January 2007. Q.L~ /10 ~ Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · wwvai.ruhllila.wa.us CITY OF TUKWILA WASHINGTON ORDINANCE NO. 0 AN ORDINANCE OF THE CITY OF TUKWILA, W ASIDNGTON, Al\1ENDING TUKWILA MUNICIPAL CODE SECTION 3.08.030 (TAX RATES) RELATED TO THE WAIVER OF GAMBLING TAX FOR BONA FIDE CHARITABLE AND NONPROFIT ORGANIZA TIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS; the City desires to encourage charitable and nonprofit organizations conducting certain gambling activities in Tukwila to donate to charitable, nonprofit organization based/located within Tukwila and serving the Tukv..rila community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, \VASHlNGTON, DO ORDAIN AS FOLLO\VS: Section 1 TMr 1 OR 010) Amended. Tukwila Municipal Code Section 3.08.030 entitled "Tax Rates" is hereby amended to read as follows: 3.08.030 Tax Rates In pursuance of RCW 9.46.110 and RCW 9.46.120, as amended by the Laws of Washington, effective July 27, 1997, there is levied upon all persons, associations and organizations who have been duly licensed by the \Vashington State Gambling Commission, as authorized by law, the following tax: 1. To conduct or operate any bingo games and raffles, a tax rate of 5% of the gross revenue received therefrom less the actual amount paid by such person, association or organization for or as prizes; 2. To conduct any amusement game, a tax rate of 2% of the gross revenue received therefrom less the actual amount paid by such person, association or organization for or as prizes; 3. For the conduct or operation of any punchboards or pulltabs, a tax rate of 5% of the gross receipts from such activities for commercial stimulant operators (taverns, restaurants, etc.); and a tax rate of 10% on the gross receipts less the amount paid out as prizes for charitable or nonprofit organizations; 4. For the conduct or operation of any premises or facility used to play social card games, a tax rate of20% ofthe gross receipts received therefrom; 5. Any public cardroom operated as a commercial stimulant, a tax rate of 10% of the gross receipts received therefrom. The Fimmce Director mHY w::live the tHX dne eHch (}lmrter from ::l honH ficle ch::lritHhle or nonprofit ore;HnizHtion H~ defined in thi~ rhHpter Thi~ wHiver m3Y OCCllT only if the chHritHhle or nonprofit ore;HnizHtion demon~trHte~ hy cleHr Hnd - 1 - /i convincine: oocllment~tion th~t ~n ~mollnt eCJll~ 1 to ~t le~<;t 70% of the t~x one the ~ity> ~<; compllteo pm<;ll~nt to thi<; ~h~pter, u.rill he oon~teo to ch~rit~hle nonprofit ore~nizMion<; 10c~teo in the ~ity who<;e pnrpo<;e i<; to provioe proe:r~m<; or f~eilitie<; for meetine the h~<;ic he::l1th eonc~tion, welf~re or other neeo<; of the re<;ioent<; of the (,ity F~ilnre to oon~te ~t le~<;t 70% of the t~x one the ~ity u.rill re<;nlt in revoc~tion of the w~iver ~nd the di<;qn~lific~tion of the hon~ fide ch~rit~hle or nonprofit ore:::Jniz::Jtion to receive ::J w::Jiver for futme ti'lX payments Provided, however, that no tax shall be imposed under the authority of this Chapter on bingo or raffles when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defmed in this Chapter, which organization has no paid operating or management personnel and has gross income from bingo and raffles, or any combination thereof, not exceeding $5,000 per year less the amount paid for as prizes. Section? Sevemhility. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 1 Effective n~te-. This Ordinance shall be published in the official newspaper of the City, shall take effect and be in full force five (5) days after the date of publication, and shall be retroactively applied to taxes payable for the fourth quarter of2006. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF ,2007. CITY OF TUKWILA Mayor Steven M. Mullet ATTEST/AUTHENTICATED: Jane Cantu, City Clerk Approved as to form: Shelley M. Kerslake, City Attorney - 2 - /6 TITLE 3 - REVENUE AND FINANCE .-:> 3.08.030 Tax Rates In pursuance of RCW 9.46.110 and RCW 9.46.120, as amended by the Laws of Washington, effective July 27, 1997, there is levied upon all persons, associations and organizations who have been duly licensed by the Washington State Gambling Commission, as authorized by law, the following tax: 1. To conduct or operate any bingo games and raffles, a tax rate of 5% of the gross revenue received therefrom less the actual amount paid by such person, association or organization for or as prizes; 2. To conduct any amusement game, a tax rate of 2% of the gross revenue received therefrom less the actual amount paid by such person, association or organization for or as prizes; 3. For the conduct or operation of any punchboards or puIItabs, a tax rate of 5% of the gross receipts from such activities for commercial stimulant operators (taverns, restaurants, etc.); and a tax rate of 10% on the gross receipts less the amount paid out as prizes for charitable or nonprofit organizations; 4. For the conduct or operation of any premises or facility used to play social card games, a tax rate of 20% of the gross receipts received therefrom; 5. Any public cardroom operated as a commercial stimulant, a tax rate of 10% of the gross receipts received therefrom. Provided, however, that no tax shall be imposed under the authority of this chapter on bingo or raffles when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross income from bingo and raffles, or any combination thereof, not exceeding $5,000 per year less the amount paid for as prizes. . (ir:f. .= 8'~~! :-;;'. / (:~.~~:'.- r:'r!}. ! 8~i7G ~,:-'.1! rarr-. j ';;-.:'.>) 3.08.040 Fundraising Events Allowed. Limitations Any and all fundraising events conducted or oper- ated by bona fide charitable or nonprofit organizations as authorized by the Revised Code of Washington, Chapter 9.46 as it now exists or is hereafter amended, are allowed subject to the following limitations: 1. No organization shall be allowed to conduct more than two such events in the City in any one calendar year; and 2. No more than four such events may take place at the same location in the City in anyone calendar year. ."; :" '-!! ;f..... ..... f ,,';,. r! . -.~,_ 3.08.050 Administration And Collection Of Tax The administration and collection of tax imposed by this chapter shall be by the Finance Director and in strict pursuance of the rules and regulations as may be Printed February 2005 adopted by the Washington State Gambling Commis- sion from time to time. The Finance Director shall adopt and publish such rules and regulations as may be reasonably necessary to enable the collection of the tax imposed hereby. ~()rd. j,~:nv .(~]'=!J.:J"!>. ] D';}7" 3.08.060 Declarations And Statements Required To Be Filed A. For the purpose of properly identifying the person, association and organization subject to any tax imposed by this chapter, such person, association or organization intending to conduct or operate any gambling activity authorized by the above specified laws, or as the same may be amended hereafter, shall, prior to commencement of any such activity, file with the Finance Director a sworn declaration of intent to conduct or operate such activity, together with a true and correct copy of the license issued by the Washing- ton State Gambling Commission or any renewal or extension of such license or temporary license. B. Thereafter, for any period covered by such State license or any renewal or extension thereof, any person, association or organization shall, on or before the last day of the month following the end of the quarterly period in which the tax accrued, file with the Finance Director a sworn statement, under penalty of perjury, on a form to be provided and prescribed by the Finance Director for the purpose of ascertaining the tax due for the preceding quarterly period. C. In addition, any such person, association or organization shall file with the Finance Director copies of any daily, weekly, monthly or other periodic tax statements, financial reports, daily control sheets, daily time sheets, records of attendance, or any other information required to be filed by it to the State of Washington Gambling Commission. D. The Chief of the Police Department may establish such further and additional reporting requirements of any person, association or organization authorized to conduct gambling activities in the City which are reasonably intended to provide information to the City regarding the conduct of said activities. '(Jt{/' !/:'f};j _~'-/:l.:a-'{., !'~).l7 3.08.070 Filing Of Application With Finance Director Each person, association, or organization licensed by the Washington State Gambling Commission shall likewise submit to the Finance Director a true and correct copy of any application made to such commission for a license, together with any and all amendments thereof. Such copy shall be submitted at or prior to the filing of the first tax return due under this chapter. (}!-ci. ! 8()~: .,~..I r .!]r. ;-;!, :' .):./7 Page 3-3 /7' City of TukY~ila 6200 Southcenter Boulevard · Tukwila, Washington 98188 Steven M. Mullet, Mayor To: Finance and Safety Committee From: Mayor's Office eyvv'\/V\. RE: 2007 Contract with Ball Janik, LLP Date: January 8, 2007 Please see attached the proposed 2007 Contract with Ball Janik, LLP. The only changes from last year are: 1) The date has been changed from 2006 to 2007 (page 1, 8th paragraph, Duration of Agreement). 2) In Exhibit A - the Scope of Work - the second and third paragraphs have been changed. The 2006 Scope of Services is attached for ease of comparison. 3) In Exhibit B, the monthly rate has been increased by 4% ($368.00) from $9200.00 monthly to $9568.00 monthly. It is recommended that this contract can be forwarded to the Regular City Council Meeting on January 16th for approval. Iso attachments )j Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us Contract For Services - 2007 Ball Janik, L.L.P. 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 Ball Janik, LLP, hereinafter referred to as "the Contractor" whose principal office is located at 1455 F Street, NW, Suite 225, Washington D.C. 20005 Whereas, the City has determined the need to have certain services performed for its citizens but does not have the 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: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statues, 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 v.rritten approval from the city if the scope or schedule is to be modified in any way. Compensation and Method ofPavrnent. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed nine thousand two hundred dollars ($9,200) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one thousand dollars ($1,000) per month without prior approval of the City. The monthly retainer shall be evaluated at the end of the first full month and each quarter thereafter for appropriateness. 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 1,2007 and ending December 31,2007 unless sooner terminated under the provisions hereinafter specified. 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 Jy Contract for Services - 2007 Ball Janik, L.L.P. Page 2 the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 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. \Vith respect to the performance of this Agreement and as to claims against he 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 as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record Keeping and Reporting. 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. These records shall be maintained 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 4014 and by the City. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject inspection, review or audit by law during the performance of J3 Contract for Services - 2007 Ball Janik, L.L.P. Page 3 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 ofTukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: Ball Janik, LLP Michelle E. Giguere 101 SW Main Street, Suite 1100 Portland, OR 97204 Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or the 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, \Vashington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. )1 Contract for Services - 2007 Ball Janik, L.L.P. Page 4 DATED this CONTRACTOR: BY: ATTEST/AUTHENTICATED: day of CITY OF TUKWILA: Steven M. Mullet, Mayor, Jane E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: J5 Contract for Services - 2007 Ball Janik, L.L.P. Page 5 Exhibit A Scope of Work and Specific Service Ball Janik, LLP 1. Scope of Work: Ball Janik LLP will provide federal representation and lobbying services for the city of Tukwila related to securing federal authorization and appropriation for key projects identified by the City. Ball Janik LLP will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City. On matters offederal policy, Ball Janik will monitor key legislation debated by Congress this session and will continually evaluate such legislation for opportunities to secure special congressional or federal agency support for policies which will help to advance Tukv>.rila's goals and priorities. Ball Janik will monitor the ongoing debate over telecommunication legislation and will advocate for legislative language which will maintain or restore local control over franchising, access to local rights of way, and related matters when it comes to regulating telecommunication providers in the city. In addition, Ball Janik will closely monitor Congressional debate over the reauthorization of our nation's federal aviation program and advocate for program changes and funding levels that could benefit Tukwila and city neighborhoods adversely affected by operations at SEATAC or Boeing Field. Further, Ball Janik will monitor environmental, energy conservation, affordable housing, surface and rail transportation funding and policy, and tax legislation which may be considered by Congress and advocate for policy positions that would benefit Tukwila and its citizens. On matters of federal funding and appropriations, Ball Janik will provide guidance and assistance to the City regarding opportunities to secure federal funding for appropriation projects that the City determines to be its highest priorities for federal funding in FY'2008. In particular, Ball Janik will provide city staff and elected leaders with advice and perspective on the chances for successfully pursuing initial or additional federal funding for projects such as: the Southcenter Parkway extension project; the KlickitatlUrban Center access transportation project; the Community Connections Project including funds to assist with the construction of a new pedestrian bridge linking the Urban Center to the commuter rail station; the Strander Blvd connection project; resource-related projects such as the Green-Duwamish restoration project; library needs; circulator bus plans and partnership with Metro Seattle bus; commuter rail and other state and related commercial and housing development work at Southcenter; and other land acquisition, transportation enhancement, railroad crossing, and community or commercial development related projects identified by the City. Projects and priorities can be re-evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal financial support for City projects are presented. Ball Janik LLP will consult in early January, 2007 with City officials to define an agenda for action and place priorities on projects; coordinate meetings for City officials with Congressional and Administration officials; report to the City regularly on strategy, next steps, and implementation of objectives; provide regular communication, progress reports and recommendations for action to the City; and where appropriate continue to advise the City with regard to working with other regional and State officials on identified priorities. The scope of work may also include federal representation on matters related to LI1\TK light rail, Sounder, and other matters under Sound Transit's jurisdiction. :Jb Contract for Services - 2007 Ball Janik, L.L.P. Page 6 2. Specific Services: Ball Janik LLP will be responsible, as a minimum for the following: . Inform the City of key timelines for proposed actions . Identify federal rule, policies, and laws that support the City's goals, . Identify key officials and contacts that the City needs to make and the best time to make such contacts . Brief all appropriate congressional and federal officials about Tukwila's priorities . Advise City of key dates in the congressional and administrative calendar that impact its goals . Work to maintain a strong Tukwila relationship and support for Tuk\vila's goals with all key members of the Washington congressional delegation . Prepare background papers, position papers, project request subcommittee forms, and briefmg materials . When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark-ups and House/Senate conferences on legislation . Assist Members of the congressional delegation with preparation of testimony, questions for agency officials at hearings, speeches and floor colloquies, drafting amendments and or committee report language and legislation . Work with the City and councilmember Haggerton, in particular, in his role on the Information and Technology Communications Policy Committee ofNLC to protect the City's interests in changing telecommunication policy . Attend and report on congressional hearings of import . Advise City of new regulations, programs, or proposed legislation of import . Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for major reauthorization oflegislation, and the annual appropriations bills . Identify and work with the City on other opportunities for federal fmancial assistance such as the innovative TIFIA program, Homeland Security grants, the livability grant program, TCSP, reverse commute and welfare to work programs, small systems transit funding, and other areas identified by the City . Advise the City about positioning itself to make a strong SAFETEA-LU reauthorization funding request and work with City officials throughout the year to promote strong regional and state support for this anticipated funding request . Obtain appointments for City officials in Washington, D.C., develop schedules, accompany City officials to meetings, and provide briefmg materials for City officials for their meetings with Congressional officials . Be the City's "eyes and ears" in Washington. ~i d~ Contract for Services - 2007 Ball Janik, L.L.P. Page 7 Exhibit B Terms of Payment Ball Janik, LLP will invoice the City for the work completed at the rate of $9,568.00, plus reasonable expenses, not to exceed $1,000, at the close of each month. Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format. Exhibit A 6 Scope of \V ork and Specific Service: 2006 ) Ball Janik, LLP . 1. Scope of Work: Ball Janik LLP will provide federal representation and lobbying services for the City of Tukwila related to securing federal authorization and appropriation for key projects identified by the City. Ball Janik LLP will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City. Key legislation to be acted on by Congress this session will be evaluated for opportunities to secure special congressional or federal agency support for Tulcwila's goals and to secure additional federal funding for City priorities and projects. In addition, Ball Janik LLP will work with the City on major telecommunications legislation impacting the City, national franchising, local control, and City rights of way. Ball Janik LLP will also provide guidance and assistance to the City regarding opportunities to secure federal funding for projects such as: KlickitatlUrban Center transportation project; TOD and regional center project; pedestrian bridge; resource- related projects such as the Green-Duwamish restoration; library needs; circulator bus plans and partnership with Metro Seattle bus; commuter rail and other station and related commercial and housing development work at Southcenter; other land acquisition, transportation enhancement, railroad crossing, and community or commercial development related projects; and, other opportunities to assist the City regarding the impact of major federal legislation. Projects and priorities can be re-evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal [mancial support for City projects are presented. Ball Janik LLP will consult early with City officials to define an agenda for action and place priorities on projects; coordinate meetings for City officials with Congressional and Administration officials; report to the City regularly on strategy, next steps, and implementation of objectives; provide regular communication, progress reports, and recommendations for action to the City; and, where appropriate continue to advise the City with regard to working with other regional and State officials on identified priorities. The scope of work may also include federal representation on matters related to LINK light rail, Sounder, and other matters under SoundTransit's jurisdiction. 2. Specific Services: Ball Janik LLP will be responsible, at a minimum, for the following: . Inform the City of key timelines for proposed actions . Identify federal rules, policies, and laws that support the City's goals . Identify key officials and contacts that the City needs to make and the best time to make such contacts J9 Exhibit A: Scope of Work 2006 Ball Janik, LLP Page 2 . Brief all appropriate congressional and federal officials . Advise City of key dates in the congressional and administrative calendar that impact its goals . Work to maintain a strong Tukwila relationship and increase support for Tukwila's goals with all key members of the Washington congressional delegation . Prepare background papers, position papers, project request subcommittee forms, and briefing materials . When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark-ups and House/Senate conferences on legislation . Assist Members of the congressional delegation with preparation of testimony, questions for agency officials at hearings, speeches and floor colloquies, drafting amendments and or committee report language and legislation . Work with the City and Councilmember Haggerton, in particular, in his new role on the Information & Technology Communications Policy Committee ofNLC to protect the City's interests in changing telecommunication policy . Attend and report on congressional hearings of import . Advise City of new proposed regulations, programs, or proposed legislation of import . Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for maj or reauthorization of legislation, and the annual appropriations bills . Identify and work with the City on other opportunities for federal financial assistance such as the innovative TIFIA program, Homeland Security grants, the livability grant program, TCSP, reverse commute and welfare to work programs, small systems transit funding, and other areas identified by the City . Obtain appointments for City officials in Washington, D.C., develop schedules, accompany City officials to meetings, and provide briefing materials for City officials for their meetings with Congressional officials . Be the City's "eyes and ears" in Washington 3/' U City of Tukwila 6200 Southcenter Boulevard. Tukwila, Washington 98188 Steven M. Mullet, Mayor To: Finance and Safety Committee From: Mayor's Office '9J'.'vv- RE: 2007 Contract with MJ Durkan, Inc. Date: January 8, 2007 Please see attached the proposed 2007 Contract with MJ Durkan, Inc. The only change from last year is the date, which has been changed from 2006 to 2007 (page 1, 8th paragraph, Duration of Agreement). It is recommended that this contract can be forwarded to the Regular City Council Meeting on January 16th for approval. Iso attachments 3/ Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · wwvv.ci.tukwila.wa.us Contract For Services 2007 MJ Durkan, Inc. 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 #357, 330 Southwest 43rd Street Plaza - Suite K, 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: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 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 (Fees) attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed four thousand dollars ($4,000) per month 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 Budqet. 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 Aqreement. This Agreement shall be in full force and effect for a period commencing January 1,2007 and ending December 31,2007 unless sooner terminated under the provisions hereinafter specified. 3~ Contract for Services MJ Durkan January 2006 Page 2 Independent Contractor. The Contractor and the City agree that the 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 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. 33 Contract for Services MJ Durkan January 2006 Page 3 Record Keepinq and Reportinq. 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 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. Assiqnment 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 Aqreement. 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 34 Contract for Services MJ Durkan January 2006 Page 4 Notices to the Contractor shall be sent to the following address: MJ Durkan, Inc. #357 330 SW 43rd St., Suite K Renton, W A 98055 Applicable Law: Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or 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 Mayor, Steven M. Mullet ATTEST/AUTHENTICATED: CITY CLERK, Jane E. Cantu APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: 35 3~ Contract for Services MJ Durkan January 2006 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, and State elected officials to facilitate the Tukwila Valley South annexation and development. 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 2006 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. 3; CilA Alry 6200 Southcenter Boulevard · TukwiZa, Washington 98188 Steven M. Mullet, Mayor To: Finance and Safety Committee From: Mayor's Office ~""',..., RE: 2007 Contract with Kenyon Disend, PLLC Date: January 10,2007 Please see attached the proposed 2007 Contract \'lith Kenyon Disend, PLLC.. The only change from last year is the date, which has been changed from 2006 to 2007 (page 1, 8th paragraph, Duration of Agreement), a 4% increase in the flat fee, and an increase in hourly rates. It is recommended that this contract can be forwarded to the Regular City Council Meeting on January 16th for approval. Iso attachments 3c; ! Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us KENYON DISENDj PLLC Rhonda Berry, City Administrator Shelley Kerslake, City Attome~ December 28,2006 MICHAEL R. KENYON BRUCE L. DISEND SANDRA S. MEADOWCROFf SHELLEY M. KERSLAKE CHRIS D. BACHA HEIDI L. BROSIUS KERR! A. JORGENSEN TO: FROM: DATE: THE MUNICIPAL LA W FrRAi 11 FRONT STREET SOUTH ISSAQUAH, .W ASHINGTON 98027-3820 W'V\V.KENYONDISEND.COM (425) 392-7090 . (206) 628-9059 FAX (425) 392-7071 CITY OF TUK\VILA lVlElVI 0 RAl\1]) UNI RE: 2007 Contract for Legal Services LACEY L. MADCHE PETER B. BECKWITH THO},1AS J. GUILFOIL RENEE G. \;V;...LLS JOSEPH B. LEVAN KARl L. SAND MONICA A. BUCK KATHRYN J. HARDY Attached please find the 2007 contract for legal services. As we discussed, the only changes from last year's contract are a 4% increase in the flat fee and an increase in hourly rates. Please let me know if you have any questions or concerns. !.fa Document61PlI2I28/06 SERVING WASHINGTON CITIES SINCE 1993 Contract No. CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and 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; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. ~cope ~nrl ~dlerllJle of ~ervices to he l>erfonnerl hy t.ontr~dOT:. The Contractor shall perform those services described on E~bit A attached hereto and L'1corporated 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 in Ordinance No. 2068. The Contractor shall request and obtain prior \"Titten approval from the City if the scope or schedule is to be modified in any way. 2. t.ompens~tion ::Jnrl M efhorl of l>::Jyment. 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. t.ontr::Jdor R1H'Ieet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. DmMion of Aereement. This Agreement shall be in full force and effect for a period commencing January 1, 2007, and ending December 31, 2007, unless sooner terminated pursuant to paragraph 8 of this Agreement. 5. Tnrlepenrlent (;ontr::Jdor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall -1- 1; C:\Tukwil. 2007 Kenyon Disend.doclP/12l28/06 not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or othenvise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Tnnemnific::Ition. 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. Tnsllr::lnce. The Contractor shall procure and maintain in full force throughout the duration ofthis Agreement professional liability insurance with a minimum coverage of$I,OOO,OOO 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. Terrnimtion. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice ofthe City's intention to terminate the same. 9. Discrimin::ltion "Pmhihiten. 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. Assienment ::Inn SllhcontT::Id. 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 Aereement. 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. 1); - 2- C':\Tukwila 2007 Kenyon Disenddoc/P!l2I28/06 12. N()tice~. 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. Applic8hle Lm,v; VeT1l1e; Att()mey'~ Fee~. This Agreement shall be governed by and construed in accordance with the laws of the State of\Vashington. In the event any suit, arbitration, or other proceeding is instituted to enforce any tenn of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, \Vashington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this _ day of ,2006. CITY OF TUKWILA CONTRACTOR: KENyON DISEND, PLLC Mayor Steve Mullet By: Title: ATTEST/AUTHENTICATED: ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392-7090 Jane E. Cantu, City Clerk - 3- </3 C:iTukv,ila 2007 Kenyon Disend_doc/Pfl2!28!06 FXHTRTT A -- S(;OPF OF SFRVT(;FS Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in-house city attorney office consisting of one city attorney and one assistant city attorney/prosecutor. In particular, Contractor agrees to: 1. Provide general city attorney services, "vhich include but are not limited to: A. Attend regular meetings of the City Council; B. Attend Executive Sessions and special meetings of the City Council, Committee ofthe 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 staff and elected officials, and maintenance of between 20 and 25 "office hours" each week at City Hall, exclusive of prosecutor time; E. Provide special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, ethics, conflict of interest, and the appearance of fairness doctrine. F. Except as set forth in Section 3, defend litigation brought against the City; G. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; H. Such other general city attorney matters as are assigned; 1. 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 J. Comprehensive Internet and remote access capability, including e-mail, linking Contractor's office with City Hall. 14 -4- G:\C'ity AltomeylSHELLEY\Tukwila 2007 Kenyon DisencidoclPl12/28/06 2. Provide city prosecution services, which include but are not limited to: K. 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; L. Regularly consult with and train police department personnel on selected legal issues, and attend police department administrative staff meetings as requested; M. File and defend appeals of municipal court decisions; and N. Such other city prosecution matters as are assigned. 3. Provide City Attorney services for litigation and contested administrative proceedings, which include but are not limited to: O. Initiation and defense of litigation and contested administrative proceedings on the City's behalf. Contractor shall be compensated for such litigation and contested administrative proceedings as Separate Matters under paragraph 2 ofExhibitB. 4. Provide Special Services, which include but are not limited to: P. Other specialized municipal law services; provided, however, that any such Special Services shall first be authorized by the Mayor, and shall be subject to paragraph 3 of Exhibit B regarding compensation. 5. Provide paralegal services, lvhich include but are not limited to: Q. General paralegal support for the City Attorney 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. 15 - 5- G:\Ciry AllomeylSHELLE.Y\Tukwila 20')7 Kenyon DisencidocJP/12!28/06 EXHTRTT R -- r;OMPENS ATTON A 1\.Tf) METHOD OF P A Yi"fFNT 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 $35,370, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long-distance telephone charges. 2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit A shall be considered to be Separate Matters. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Matter. Separate Matters mean (a) each individual civil action filed by or against the City, except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not including general code enforcement services which shall be included in Contractor's flat monthly fee, ( c) all criminal appeals collectively filed by or against the City, and (d) all drug or other forfeiture matters collectively filed by or against the City. Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for, the first $5,000 expended on any Separate Matter as computed at Contractor's normal hourly rates for 2007. Thereafter, and for each such Separate Matter, Contractor shall be paid its normal hourly rates for 2007 which range between $130 and $225 for attorneys and ben.veen $75 and $90 for paralegals, together with reimbursement for extraordinary expenses. Legal interns shall be billed at an hourly rate not to exceed $90. 3. Special Services, if any, shall first be approved by the Mayor and City Council after negotiation regarding (1) \vhether 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. 4L7 -6- G:\City Attomey\SHELLEY\Tub'o11a 2007 Kenyon DisenddocfPl12128/06 KENYON DISEND, PLLC HOURLY RATE SCHEDULE FOR YEAR 2007 ATTORNEYS: "Pintners imcl Senior Attorneys: Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Chris D. Bacha Sandra S. Meadowcroft $225.00 $225.00 $195.00 $195.00 $190.00 Associ ilte Attorneys: Joseph B. Levan Kari Sand Heidi Brosius Kerri A. Jorgensen Tom Guilfoil Peter Beckwith Lacey Madche Renee vValls Monica Buck Kathy Hardy $170.00 $170.00 $155.00 $155.00 $155.00 $150.00 $150.00 $140.00 $130.00 $130.00 PARALEGALS: Margaret C. Starkey Sheryl A. Loewen Pam M. Odegard Shelly Crossland Nikki Meister Mary Eichelberger Terry Cox Kim Oberrnayer Kathy Swoyer $90.00 $80.00 $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 LEGAL INTERNS: $90.00 -7 - </7 G:\City AttomeySHELLEY\Ttllcwil. 2007 Kenyon Disemidoc/P/12128/06 INFORMATIONAL MEMORANDUM To: Mayor Mullet From: Emergency Management Directo~ January 10, 2007 Date: Subject: December 14th Windstorm After Action Report ISSUE: Discuss fmdings and recommendations stemming from the December 14,2006 windstorm. BACKGROUND: A windstorm struck the City during the late evening hours of December 14th and continued into the early morning hours of December 15,2006 causing significant portions of the City to be without power and telephone service. The high winds caused downed trees, snapped utility poles, roof damage, and twenty different City streets to be impassable. DISCUSSION: The National Incident Management System (NIMS) requires each agency to conduct an After Action Review in order to: 1. Document the response activities; 2. Identify successes/problems during emergency operations; and 3. Make recommendations to improve mitigation, response, and recovery activities. Overall the City and its residents were lucky - just a loss of power and no significant damage to structures. There were no storm-related injuries. Response and recovery operations went very well. City roads and services were restored within three days. The City did an excellent job in planning, responding, and recovering from the windstorm. This third event for 2006 once again proved that as long as the First Responder Team is able to handle an incident, the residents and this City are in capable hands. However, Tukwila's residents are totally unprepared to shelter in place for any length of time. The City's decision to implement a Citizen's Emergency Response Team program should help the residents become better prepared. The City itself is unprepared for a sustained, major disaster that would require full mobilization of its emergency management organization. RECOMMENDATION: For discussion. <it} 50 CITY OF TUKWILA ='l:~~~~. ",>~-*"'f'~ DECEMBER 2006 WINDSTORM After Action Review Tukwila, Washington January, 2007 INTRODUCTION This After Action Review is a follow up to the City Tukwila's response to the windstorm of December 14th and 15th 2006. After the windstorm, discussions were held and information sought from key personnel and departments as related to mitigation, response and recovery activities during the event. The function of this After Action Review is: (1) document response activities; (2) identify problem/successes during emergency operations; and (3) make recommendations to improve mitigation, response, and recovery activities in regards to the windstorm. A plan of action will need to be developed to implement recommended improvements. SITUATION ANALYSIS A windstorm struck the City during the late evening hours of December 14, 2006 and continued into the early morning hours of December 15,2006 causing significant portions ofthe City to be without power and telephone service. The high winds caused downed trees, snapped utility poles, roof damage, and 20 different City streets to be impassable. See attached photographs. In the old Tukwila Hill area, neighborhood of S. 149th Street, cedar roof shakes were observed imbedded in the side of a neighbor's house 300-feet away from the house that lost the shakes. Houses in this neighborhood appeared to suffer the most roof damage. The Ryan Hill area incurred mostly tree damage and downed power lines - primary lines that supplied the Bangor Street substation. Initially, a downed tree blocked access to a large portion of this neighborhood. The tree was cleared from the roadway and for the majority access was restored. The hardest hit neighborhoods were Riverton, Foster, Thorndyke, and Crestview. Over 16 individual power poles were snapped in half, split or downed. Primary power was lost to the neighborhoods because of these damaged poles. Several homes had uprooted trees and several had fallen on homes. The Cascade and Allentown neighborhoods had some damage and lost their power. The business district had minimal damage and did not lose power or had it restored within hours. The one exception was Southcenter Parkway from the 16400 block to S. 180th Street. Power was not restored for several days. With the loss of power, the Fire Department had an increase in the number of Automatic Fire Alarms and Sprinkler Water Flow Alarms being activated. The standby batteries for these systems fail after 24 to 48 hours. Also the dry fue sprinkler systems lose air pressure. Because of downed trees and storm debris, the City had a total of twenty streets (20) that were impassable. By Saturday evening, 17 streets had been reopened. The three worst affected areas were 42nd Avenue South/So 158th Street, 42nd Avenue South/So l3ih Street, and S. 146th Street Gust east of 42nd Avenue South). 5 / The loss of power also meant that signalized intersections were "dark." Because the business district did not lose power, except for Southcenter Parkway, and people were still shopping for the upcoming holidays, 14 separate "dark" intersections were placed into full operation. Backup batteries were replaced every 2 hours - a signal will fully operate on a battery for approximately 2-hours versus 10-hours if placed into a flash mode. Two major intersections caused major backups - 1-5 offramp/Southcenter Blvd; and Grady Way/West Valley Highway. These intersections are controlled by WSDOT and their policy is to leave an intersection dark during loss of power. "Warming Centers" were established at the Tukwila Community Center and Tukwila Pool. People could go to those facilities and take hot showers and get warm. The Red Cross opened several shelters across the county. Residents seeking up-to-date information on shelters were directed to contact the Red Cross Shelter Hotline at 205-3764. King County Office of Emergency Management established a Citizen Damage Report Hotline, 1-800-523-5044, for all King County residents to report their losses. Residents reporting damages were asked to provide the following information: . Name and address of the affected property . Description of the damage . Personal estimate of uninsured losses, and . Estimates of the fair market value of damaged homes or businesses. Damages to detached garages and storage buildings, secondary homes and recreational homes were not to be reported. PURPOSE The objective of the after action review is to evaluate: 1. The Emergency Operations Center 2. Field Operations 3. Shelter Operations 4. Communications 5. Adequacy of City Facilities The scope of the review is for the windstorm on December 14th and 15th and events leading up to and the weeks thereafter. The review will be confined to City response operations and will not address the response ofPuget Sound Energy, Seattle City Light, Qwest, Comcast, or any other utility company. The methodology used in performing this review is data obtained from the actual event. 5;} ii FINDINGS AND RECOMMENDATIONS Emen!ency Operations Center The Emergency Operations Center was not activated. The City's All Hazard Emergency Management Plan has established ''triggers'' for activating the Emergency Operations Center. Even though the windstorm was a major and significant regional event, the Public Works Department was the lead first responder team member that had primary response tasking. Public Works handled the response effort with help from Parks and Recreational personnel. The Fire Department responded to 255 incidents during the period of December 14 through December 21,2006, of which 79 were storm related. No assistance was sought from outside agencies. All three first responder team members (Fire, Police, and Public Works) coordinated damage information among the three departments and with the utility companies. Standard, day-to-day operating procedures were employed. The Mayor was kept personally informed and received daily updates on the situation by the Public Works Director. A Situation Report was sent to the City Council. Recommendation 1. Explore the possibility of adding two different categories within the Level One Activation Scale - Monitoring and Stand By. Management Response: Emergency Management concurs with this recommendation. Triggers for EOC activation should be reviewed and expanded if needed. Responsible Department: Emergency Management. Input from Fire, Police, and Public Works. Field Operations Overtime costs for Public Works and Fire Department exceeded $15,000. The Public Works Department prepared for the storm by holding crews within the City at the close of business on the evening of December 14th. Callbacks were made in the early hours of December 15th. Recovery operations to include debris removal, street clearing, traffic sign replacement, and street sweeping operations began immediately. Public Works crews were augmented with personnel from Parks and Recreation. A total of20 streets were impassable because of downed trees and utility poles. Barricades and advance-warning signs were installed to protect the public from encountering downed power lines. It was a constant problem to keep the barricades and signs in place. The traveling public was constantly removing the signs and barricades because motorists did not want to be inconvenienced by fmding an alternate route. First responder personnel were constantly warning residents to stay away from downed trees and power lines. 53 iii 24-hour operations were in place until Sunday evening, December I ih. Debris cleanup was completed by December 31 st - two complete circuits (street-by-street) of all city streets have been made to chip debris left curbside by residents; Two "Chipper Days" have been held. Two more "Chipper Days" will be held for residents to bring their storm-related debris for disposal. Decision was made to maintain full signal operations at key intersections because of holiday shopping traffic. This placed a huge workload on City crews. Backup batteries (think heavy car battery) had to be replaced every tv,'o hours. As soon as all batteries had been installed, the crews had to start over again. Two problem intersections caused significant backups - Off-ramp from 1-5 onto Southcenter Blvd and the Grady WayAVest Valley intersection. Both intersections are WSDOT controlled and their policy is to leave an intersection "dark" when there is a loss of power. Because of the dark signal at the 1-5 off-ramp, backups were observed onto 1-5. Fire Department had only four people respond to a recall because of impassable roads in other communities. Fire Department responded to 255 service calls, 79 were storm related, during this period. No assistance was sought from outside agencies. Recommendations 1. Put in place a safety policy that restricts City personnel from performing any field operations when sustained wind speeds exceed 45 mph. Management Response: Emergency Management concurs with this recommendation. Unless absolutely necessary, First Responders should not place themselves in danger. Responsible Department: Emergency Management, Fire, Police, and Public Works. 2. Explore the cost of purchasing a system that can be installed in the Signal Maintenance Shop for charging the signal backup batteries. Management Response: Emergency Management concurs with this recommendation. Signal crews will be able to manage the workload and more effectively respond to an emergency situation. Responsible Department: Public Works 3. Even though Pacific Pride did not lose power and city vehicles were able to refuel without incident, the backup system to pump fuel when power is lost should be tested. Management Response: Emergency Management concurs with this 5~ iv Recommendation. Responsible Department: Public Works 4. Explore better communication methods with Seattle City Light and Puget Sound Energy. Management Response: Both Fire Department and Public Warks provided the utility companies with damage assessment information. This helped the utility companies with the ordering of poles, transformers, etc. and it is felt expedited the recovery time. Responsible Department: Emergency Management Shelter Operations "Warming Centers" were established at the Tukwila Community Center and Tukwila Pool. Citizens could go to either facility and take a hot shower and get warm. The Red Cross was not asked to open a shelter in Tukwila, but did open several in King County - Rainier Community Shelter, Renton Highlands, West Seattle, and the Masonic Lodge in Des Moines. A total of six residents sought information on shelters and were directed to contact the Red Cross Shelter Hotline at 205-3764 or visit the Red Cross web site. The City was in contact with the Red Cross and asked that the shelters not be closed prematurely because of the prolonged power outage at Tukwila Gardens. Information was posted on the City web site about the pool and Community Center being open. During field operations, First Responders informed residents about the warming centers. Recommendation 1. Establish a City policy that addresses if and when the City will open up a City- sponsored shelter. Management Response: Emergency Management concurs with this recommendation. Responsible Department: Emergency Management and Parks & Recreation. 2. Provide designated staff additional training in shelter management. Management Response: Emergency Management concurs with this recommendation. Whether the City opens a City-sponsored shelter or assists the Red Cross, City personnel need to be better trained to provide these services. 55 v Responsible Department: Emergency Management and Parks & Recreation. Communications All First Responder communication systems functioned flawlessly during the incident. The loss of power did re-enforce the need to have sufficient charging systems available for batteries. Early Friday morning the decision was made to not open City facilities. Once staffing arrangements were solidified, the Community Center was opened on Saturday. Department Heads were contacted so that they could inform their employees. Despite the effort some employees were not informed that facilities were closed on Friday. As the power outage continued, Tukwila's residents became frustrated with the lack of solid information coming from the utility companies. First Responders were keeping the utility companies fully informed as to the problems and areas without power. Yet when residents called the utility companies, residents were told that this is the first the company knew that a specific neighborhood was without power. Because of this information void and lack of consistency in the quality of the information, residents began to take their frustrations out on City employees for not keeping them informed and for not telling the power company of the problems. The extended power outage also re-enforced the fact that Tukwila's residents are not prepared. The majority of residents do not know what to do in times of an emergency and are unprepared to take care of themselves and their families. Recommendations 1. Establish a phone number that City employees may call to see if City facilities will be open. Management Response: Emergency Management concurs. Responsible Department: Public Works. Action completed. Employees ,,,ill be able to call the number in times of emergency. An automated message will be activated by Public Works. The number will be given to employees in an all-user email. 2. Explore methods to keep the public better informed of the situation within the City. 5~ Management Response: Even though the request is a backlash response because of the power companies' poor performance in keeping their customers informed, it will provide an opportunity for the City to improve its communication capabilities with the public. vi Responsible Department: Emergency Management, Public Information Officer, Mayor, City Council, Tukwila citizens. Adequacy of City Facilities With the loss of power the City's capability to provide essential services were strained. Fire Station 51 and the Community Center did not lose power. All other facilities were without power. Only three facilities within the City have backup power generators - City Hall which is limited and cannot carry the full electrical load needed for heat, lights, computer servers, telephones, etc.; Fire Station 51, and the Emergency Operations Center (Golf Maintenance Facility). City Hall's backup generator cannot carry the full load. Hence there is no heat for the building and the Police Department staff that must be present twenty-four hours a day. Nor can the generator provide enough power for the City's telephone and computer system. Neither will work until power is restored. The backup generator's transfer switch had a loose connection that caused some of the wiring to overheat and had to be shut down. A portable generator was brought in, but it meant for a couple of hours while the switch was being repaired that the Police Department was without the capability to perform critical functions. Only Fire Station 51 had power. The lack of standby power at Stations 52, 53, and 54 meant that Station 52 could not be manned and Engine 52 was repositioned to Station 51. Station 53 was without heat, hot water, and power for 7-days. The small generator at Station 53 provides power for the bay door and minimal lighting. Station 54 faired slightly better because their power was restored within two days. Repositioning assets increases response time. Recommendations 1. Explore the feasibility of installing backup generators at all City facilities. Management Response: Emergency Management concurs. Responsible Department: Public \Vorks. Consultant contract had already been awarded before the windstorm. Final report expected by the end of January and presentations will be made to Utility Committee and Finance and Safety Committee. 2. Investigate the adequacy of all City facilities to meet the growing demand for services. Management Response: Emergency Management concurs with this recommendation. As the demand for services increases within the City, an evaluation of our facility needs is required and the best method for meeting these needs. Responsible Department: City Administrator 57 vii CONCLUSIONS Overall the City and its residents were lucky - just a loss of power and no significant damage to structures. There were no storm related injuries. Response and recovery operations went very well. City roads and services were restored by Sunday evening. The windstorm was the third event in 2006 that required emergency response and recovery efforts -Flood responses in January and November were the others. Overall the City did an excellent job in planning, responding, and recovering from the windstorm. Once again, as long as the First Responder Team is able to handle an incident, the residents and this City are in capable hands. However, Tukwila's residents are totally unprepared to shelter in place for any length of time. The City's decision to implement CERT training for its residents should help them become better prepared. The City itself is unprepared for a sustained, major disaster that would require full mobilization of its emergency management organization. The Mayor and City Council need to address the difficult question of how to staff and fund the program. There are items in this report that will need individual committee attention and City Council action before this report is closed. Many things remain to be accomplished before this City is prepared to respond to a major disaster. Even though this report has addressed just the City's response to the windstorm, it is felt that there are many issues that involve the private sector that need to be addressed by Council because of the effect those issues have on the expectations of our citizens. Examples are: · Private businesses that are engaged in providing "Assisted Care", should they be required to have backup power generation and have the capability to take care of their customers in times of an emergency? Or does it fall upon the City to bring in portable generators? · Gas Stations - should they also be required to have backup power generation and emergency tanks in order to serve the public? · \Vhere does one establish the difference between what is a private responsibility and a public responsibility to respond in times of a disaster? · What outreach services will the City provide versus educating our citizens as to what responsibilities they are required to perform. 5~ viii December 2006 Windstorm Photos December 2006 Windstorm Photos December 2006 Windstorm Photos December 2006 Windstorm Photos December 2006 Windstorm Photos