HomeMy WebLinkAboutFS 2008-10-21 COMPLETE AGENDA PACKET Distribution: K. Matej
City of Tukwila J. Duffle M. Miotke
Lqt P. Linder J. Morrow
:S D. Robertson G. Labanara
Finance K. Hougardy N. Olivas
Safety Commi
Mayor Haggerton J. Pace
41 i O ••i
Dennis Robertson, Chair R. Berry D. Speck
C. O'Flaherty R. Still
'I 't�'' X Pam Linder B. Fletcher D. Tomaso
1908 D. Haynes Judge Walden
Kathy Hougardy S. Hunstock C. Parrish
M. Hart B. Arthur
AGENDA S J ess
o p K. Kirby m
ail
S. Kerslake S. Kirby (email)
T. Kinlow S. Norris (email)
TUESDAY, O CTOBER 21, 2008
CONFERENCE ROOM #3; 5 PM
Item Action to be Taken Page
I I
j 1. PRESENTATIONS
2. BUSINESS AGENDA
a. Contract for City Attorney Services; a. Forward to 10/27 C.O.W. Pg.1
Rhonda Berry, City Administrator, and 11/3 Regular.
b. Renewal of contract with M.1. Durkan, Inc. b. Forward to 10/27 C.O.W. Pg.9
for 2009 lobbying services; and 11/3 Regular.
Rhonda Berry, City Administrator,
c. Renewal of contract with Ball 7anik for c. Forward to 10/27 C.O.W. Pg.17
2009 lobbying services; and 11/3 Regular.
Rhonda Berry, City Administrator
d. Identification of evaluation criteria for d. Discussion. Pg.
animal control alternatives;
Dennis Robertson, Committee Chair.
e. Third Quarter Reports. e. Information only. Pg.25
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, November 4, 2008
Future Agenda Items:
Council Goal #3; work together in cooperation with nearby cities to address common problems (safety)
in the Highway 99 corridor and Military Road.
Animal Control status monitoring.
Safety in Overnight Lodging (on hold pending outcome of court case).
Panhandle ordinance.
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 for assistance.
/so
attachments
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor
To: Finance and Safety Committee
From: Mayor's Office
RE: 2009 Contract with Kenyon Disend, PLLC
Date: October 16, 2008
Please see attached the proposed 2009 Contract with Kenyon Disend, PLLC.
The only change from last year is the date, which has been changed from 2008 to 2010
(page 1, Section 4, Duration of Agreement), a 4% annual inflator in the the flat fee, and
an increase in hourly rates for attorney and support staff at the firm.
It is recommended that this contract be forwarded to the November 10 Committee of the
Whole meeting for full Council discussion, and the November 17 Regular Meeting for
approval.
Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us
and
CONTRACT FOR LEGAL SERVICES
Contract No.
This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City," and KENYON
DISEND, PL LC, hereinafter referred to as "the Contractor," whose principal office is located in
Issaquah, Washington.
WHEREAS, the City has a need to have certain legal services performed for its citizens;
WHEREAS, the City desires to have the Contractor perform such services pursuant to
certain terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply
with all federal, state, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. Such Local rules and
ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance
No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope
or schedule is to be modified in any way.
2. Comnensation and Method of Payment. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing January 1, 2009, and ending December 31, 2010 unless sooner terminated pursuant to
paragraph 8 of this Agreement.
5. Independent Contractor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement. The City shall
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W:\ Mayor's Office Contracts \2009- 2010 Kenyon Di s,rd- TRACKCHANGEdocilY1O!]6-08
j Deleted: 8
Deleted: 08
not be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in performing the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in
this paragraph extends to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent negligence of
the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
7. Insurance. The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000
per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a
manner and form acceptable to the City in the City's sole discretion. Cancellation of the required
insurance shall automatically result in termination of this Agreement.
8. Termination. This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to terminate the same.
9. Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided
under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital
status or presence of any sensory, mental or physical handicap.
10. Assignment and Subcontract. The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written consent of the City.
11. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement and with the consent of the City Council.
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W:'Ma Office Contracts N2009 2010 Kenyon Di end TRACK CHA2`CRdod1/10116/08
12. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
13. Aonlicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this day of 2008, Deleted: 7
CITY OF TUKWILA CONTRACTOR:
KENYON DISEND, PLLC
Mayor Steve Mullet
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
By:
Title:
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W:;Ma}ors Office Contacts \2009 2010 Kenyon Disend TRACK CHANGE dor/1710!1608
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392 -7090
EXHIBIT A SCOPE OF SERVICES
Contractor agrees to provide a level of service equal to or greater than the level of service
provided by an in -house city attorney office consisting of one city attorney and one assistant city
attorney /prosecutor.
In particular, Contractor agrees to:
1. Provide general city attorney services, which include but are not limited to:
A. Attend regular meetings of the City Council;
B. Attend Executive Sessions and special meetings of the City Council,
Committee of the Whole, Committee meetings, and meetings of City Boards
and Commissions, upon request;
C. Prepare or review ordinances, resolutions, contracts, interlocal agreements,
and other city documents or materials;
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;
I. 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.
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w:lMa Office Conna2s 2010 Kenyon Disend TRACK CHANGE.dodr/10116I08
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
of Exhibit B.
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, which include but are not limited to:
Q. General paralegal support for the City Attorney and for the prosecuting
attorney equivalent to one F1 'E.
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.
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NV: Mayvts Office Contraar 2010 Kerry on Disend TRACK CHANGE.dodrll0.r1 &'08
EXHIBIT B COMPENSATION AND METHOD OF PAYMENT
1. For 2009. for all general city attorney and city prosecutor services set forth in naraaraphs
1 and 2 of Exhibit A. Contractor shall be paid a flat monthly fee of $38.256, plus extraordinary
expenses. For 2010, for all general city attorney and city prosecutor services set forth in paragraphs
1 and 2 of Exhibit A. Contractor shall be paid a flat monthly fee of $39,786, 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 2009_ and 2010. Thereafter, and for
each such Separate Matter, Contractor shall be paid its normal hourly rates for 2009 and 2010. A
of Contractor's hourly rates for 2009 are attached hereto,
3. Special Services, if any, shall first be approved by the Mayor and City Council after
negotiation regarding (1) whether additional compensation is fair and equitable for such Special
Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such
Special Services.
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W:\Ma}ofs Office Contracts\2009 2010 Kenyon Disend TRACK CHAT GE.docfr /10/16108
Deleted: 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 S36,785, plus extraordinary
expenses.
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I Deleted: 8
Deleted: which range between SI40
and 5235 for attorneys and between S80
and S95 for paralegals, together with
reimbursement for extraordinary
expenses. Legal interns shall be billed at
an hourly rate not to exceed S95.
Deleted:
ATTORNEYS:
Partners and Senior Attorneys:
Michael R. Kenyon
Bruce L. Disend
Shelley M. Kerslake
Chris D. Bacha
Bob Sterbank
Sandra S. Meadowcroft
Margaret J. King
Kari Sand
Associate Attorneys:
Amy Jo Pearsall
Renee Walls
PARALEGALS:
Margaret C. Starkey
Sheryl A. Loewen
Pam M. Odegard
Shelly Crossland
Mary Eichelberger
Terry Cox
Kim Obermayer
Kathy Swoyer
KENYON DISEND, PLLC
HOURLY RATE SCHEDULE FOR YEAR 2009
$245.00
$245.00
$215.00
$215.00
$215.00
$210.00
$210.00
5200.00
$175.00
$160.00
$100.00
90.00
85.00
85.00
85.00
85.00
85.00
85.00
LEGAL INTERNS: $100.00
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W \Mayor's Office Contracts12009 2010 Kenyon Disend TRACK CHANGE.dodr /10!16'08
To: Finance and Safety Committee
From: Mayor's Office
RE: 2009 Contract with MJ Durkan, Inc.
Date: October 16, 2008
Please see attached the proposed 2009 Contract with MJ Durkan, Inc.
The only change from last year is the duration, which has changed to January 1, 2009 to
December 31, 2009 (page 1, Duration of Aareementl.
It is recommended that this contract be forwarded to the November 10 Committee of the
Whole meeting for full Council discussion, and then the November 17 Regular meeting
for approval.
/so
attachments
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor
Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us
Contract For Services 2009
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 43` Street Plaza Suite K, Renton,
Washington 98057 -4944.
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 Budaet. 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 Aareement. This Agreement shall be in full force and effect for a
period commencing January 1, 200aand ending December 31, 2009 unless
sooner terminated under the provisions hereinafter specified.
Deleted: 8
Deleted: 8
Deleted: 8
Contract for Services
MJ Durkan
1 January 2009 j Deleted: 8
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.
Conflict of Interest. Without the express written consent of the Mayor, the
Contractor shall not represent another client if the representation of such client
will conflict with the Contractor's representation of the City. If the Mayor believes
the Contractor's representation of another client conflicts with the Contractor's
representation of the City, the Mayor shall notify the Contractor in writing of such
conflict. Within 2 days of the receipt of such notification, the Contractor shall
withdraw from the representation of such client or explain to the Mayor in writing
why, in the view of the Contractor, a conflict does not exist. If the Mayor then
believes a conflict is still present, the Contractor must immediately cease
representing the client or the Mayor may immediately terminate this contract.
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.
Contract for Services
MJ Durkan
1 January 2009
Page 3
Insurance. The Contractor shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a
minimum coverage of $500,000.00 per occurrence /aggregate for personal injury
and property damage. Said policy shall name the City of Tukwila as an
additional named insured and shall include a provision prohibiting cancellation or
reduction in the amount of said policy except upon thirty (30) days prior written
notice to the City. Cancellation of the required insurance shall automatically
result in termination of this Agreement. Certificates of coverage shall be
delivered to the City within fifteen (15) days of execution of this Agreement.
Record Keeping and Reoortina. 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.
Assianment 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 Aareement. 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.
1 Deleted: 8
Contract for Services
MJ Durkan
January 200% j Deleted: 8
Page 4
Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Notices to the Contractor shall be sent to the following address:
MJ Durkan, Inc.
#357
330 SW 43` St., Suite K
Renton, WA 98057 -4944
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:
1 TITLE
ATTEST /AUTHENTICATED:
Mayor „Jim Haaaerton I Deleted: Steven M. Mullet
1 CITY CLERK, O'Flahertv
APPROVED AS TO FORM: OFFICE OF THE ATTORNEY
BY:
Deleted: Jane E. Cantu
1
Contract for Services
MJ Durkan
January 200.&
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. 4) Present an activity /project status report at least once annually to
the City Council at a regularly scheduled meeting.
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.
Deleted: 8
Contract for Services
MJ Durkan
1 January 200& 1 Deleted: 8
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.
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor
MEMORANDUM
To: Finance and Safety Committee
From: Mayor's Office
RE: 2008 Contract with Ball Janik, LLP
Date: October 16, 2008
Please see attached the proposed 2009 Contract with Ball Janik, LLP. The only change
from last year is that the date has been changed from 2008 to 2009.
It is recommended that this contract be forwarded to the November 10 Committee of the
Whole meeting for full Council consideration, and the November 17 Regular City
Council Meeting for approval.
/so
attachments
Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us
Contract For Services 2009
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:
Scone and Schedule of Services to be Performed by Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by
this reference as if fully set forth. In performing such services, the Contractor shall at all
times comply with all Federal, State, and local 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 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 attached hereto and
incorporated herein by this reference. The total amount to be paid shall not exceed nine
thousand two hundred dollars ($9,568) 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, 2009 and ending December 31, 200,2 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
the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any
Formatted: Bottom: 1"
Deleted: 8
Deleted: 8
i Deleted: 8
Contract for Services 2009
Ball Janik, L.L.P.
Page 2
i Deleted: 8
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 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
this Agreement.
1 Contract for Services 2002,
Ball Janik, L.L.P.
Page 3
--1 Deleted: 8
Termination. The City giving to the Contractor thirty days written notice of the City's
intention to terminate the same may at any time terminate this Agreement. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance
coverage is canceled for any reason, the City shall have the right to terminate this
Agreement.
Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be
provided under this Agreement on the basis of race, color, religion, creed, sex, age, national
origin, marital status or presence of any sensory, mental or physical handicap.
Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of
the services contemplated by this Agreement without the written consent of the City.
Entire Agreement. This Agreement contains the entire agreement between the parties hereto
and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind nay of the parties hereto. Either party may request changes
in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated
by written amendments to this Agreement.
Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Notices to the Contractor shall be sent to the following address:
Ball Janik, LLP
Michelle E. Giguere
101 SW Main Street, Suite 1100
Portland, OR 97204
Annlicable 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, 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:
1
Contract for Services 2009
Ball Janik, L.L.P.
Page 4
BY:
ATTEST /AUTHENTICATED:
1 Christy O'Flahertv. City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY:
Jim Haegerton. Mayor
i Deleted: 8
I Deleted: Steven M. Mullet
Deleted: Jane E. Cantu
1
1 Contract for Services 2009
Ball Janik, L.L.P.
Page 5
Deleted: 8
Exhibit A
Scope of Work and Specific Service
Ball Janik, LLP
1. Scone 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 of federal policy, Ball Janik will monitor key legislation debated by Congress and will
continually evaluate such legislation for opportunities to secure congressional or federal agency
support for policies which will help to advance Tukwila'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. In addition, Ball Janik will closely monitor final Congressional Action on the
aviation program renewal legislation, 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 and advocate for Tukwila on environmental, energy
conservation, affordable housing, emergency responder, water policy bills, surface and rail
transportation funding/policy, and other legislation which may be considered by Congress.
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'2009. 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: Southcenter Parkway extension
project; Klickitat/Urban Center access transportation project; Community Connections Project
including funds to assist with the construction of a new pedestrian bridge linking the Urban Center to
the commuter rail station; Strander Blvd connection project (in conjunction with the City of Renton);
resource related projects such as the Green- Duwamish restoration project; library needs; circulator
bus plans and partnership with Metro Seattle bus; commuter rail, State and related commercial and
housing development work at Southcenter; human resources; emergency reponder; land acquisition;
transportation enhancement; railroad crossing; community or commercial development related
projects; and other 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, 2009 with City officials to
confirm 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 Sound Transit's jurisdiction.
I Deleted: 8
1
1
Contract for Services 2009
Ball Janik, L.L.P.
Page 6
i Deleted: 8
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 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 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 of legislation, and the annual appropriations bills
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 briefing materials for City officials for their meetings
with Congressional officials
Be the City's "eyes and ears" in Washington.
1 Contract for Services 2009
Ball Janik, L.L.P.
Page 7
i Deleted: 8
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 $I,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.
MAYOR'S OFFICE
3 QUARTER SIGNIFICANT ISSUES
THIRD QUARTER REPORT TO COUNCIL
July 1 September 30, 2008
Activity focused on Tukwila Village developer selection and Finance Director selection. Tarragon was
selected as the developer for Tukwila Village on September 22 and Shawn Hunstock reported for duty
as our new Finance Director on September 22
BUDGET PROGRAM GOALS
Prepared for Finance Safety Committee
1. Continue Mayor's and Administration's participation in regional stewardship efforts in the
Green /Duwamish watershed: Ongoing. Participation in WRIA by Mayor and Councilmember
Robertson.
2. Continue Mayor's involvement in regional efforts including but not limited to, WRIA 9, Cascade Water
Alliance, Valley Communications, Kina County Flood Control Zone District and Suburban Cities
Association: Ongoing.
3. Continue "green city" initiatives: Ongoing.
4. Continue to oversee efforts to develop Tukwila Village: City Council selected Tarragon as the
developer for Tukwila Village.
5. Continue efforts to improve existina housing stock: No activity this quarter.
6. Continue efforts to secure Federal appropriations in support of key projects: Communication with
Ball Janik regarding various agency grant opportunities as well as monitoring the status of
Federal appropriations.
7. Work with City Departments, business community, and residents to execute a successful Centennial
campaign: The Centennial was celebrated at our annual Family Fourth at the Fort. The contract
for the Rock `n Roll Marathon was signed.
8. Prepare draft Civil Service Desk Manual: Ongoing.
Economic Development
1. Coordinate Tukwila Villaae development: We held a community meeting on 7/16/08 and attended
numerous City Council meetings. On 9/22/08 the City Council selected Tarragon as the
developer.
2. Actively support revitalization on Tukwila International Boulevard: Ongoing work with Highway 99
Action Committee.
3. Expand marketing efforts to attract business and development: Working with brokers and
developers as requested.
4. Build relationships with businesses and property owners in the Tukwila Urban Center (TUC): Ongoing.
5. Support City departments in efforts impacting the business community such as updating the Sign Code
and development of impact fees: Will support as needed.
City Clerk
1. Succession planning: The former City Clerk retired April 1, 2008. The Deputy City Clerk was
hired and began on July 16, 2008 and training is underway. Responsibilities have been re-
distributed and streamlined among the staff for enhanced effectiveness, with a greater
emphasis on electronic processes and tracking functions.
2. Continue FEMA sponsored National Incident Manaaement System (NIMS) training for staff: The
required course was not offered this quarter
3. Provide Access and Excel database trainina for all staff: Two Administrative Support Technicians
are scheduled to attend EXCEL courses; the Administrative Support Coordinator (Records
Management) is scheduled to attend the ARMA (Association of Records Managers and
Administrators) Conference; the Deputy City Clerk is scheduled to attend the AWC Open
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 2
Government Workshop; the City Clerk is scheduled to attend training toward acquisition of a
Master Municipal Clerk certificate in Meeting Management and Tough Situations
Equity Diversity Commission
1. Support and implement the Goals of the National League of Cities Inclusive Communities Platform:
Ongoing. The Commission has placed a National League of Cities Inclusive Communities sign
at the intersection of Southcenter Boulevard and 61 Avenue.
2. Assist residents to overcome lanauaae barriers by helping them aain access to information and
resources in the community: Ongoing. The Commission has provided financial assistance to the
Tukwila School District and Community Schools Collaboration for: culturally -based parent
nights at the schools; Multicultural Action Committee's Leadership Camp, and Cultural World's
Fair at Foster High School.
3. Link agencies and residents to interpreters and translators to assure our city is an inclusive community:
Ongoing.
4. Work with school and community Groups to promote issues of eauity and fairness and support cultural
programs. education and training: The Commission has committed to promote and sponsor The
Refugee Project: Walk in My Shoes.
Hotel /Motel Tax
1. Work with City departments, business community, and residences to execute a successful Centennial
campaign: Ongoing; positive spikes in media coverage continues as planned.
2. Continue efforts to market Seattle Southside as a premier travel destination: Ongoing, as of Aug 2008
YTD hotel room revenues in Seattle Southside are up 6% while downtown Seattle is
experiencing a slight decline.
3. Support positive relationships between the travel and tourism industry, business community. and city
government: Ongoing, Program Manager serves as President of Washington Association of
Convention Visitor Bureaus for 2008 and is a nominee being to the Governors' WA State
Tourism Commission (selection should be made soon).
4. Continue implementing program performance reportina based on guidelines provided by Destination
Marketing Association International: Coordinate data collection with IT department complete, new
procedures in place, tracking ongoing.
Sister Cities Committee
1. Continue to raise funds for Spring 2008 visit: Visit deferred to Spring 2009.
2. Recruit student/adult delegation and plan Sprina 2008 visit: Visit deferred to 2009.
Human Services
1. Implement RFP Process for 2009/2010: Advisory Board reviewed and rated proposals. Process
completed. Awaiting Council review.
2. Implement, manaae, and monitor 2008 Minor Home Repair program. Administer proaram on behalf of
Tukwila, SeaTac and Des Moines: Twelve households served. Program recommended to be
funded for 2009.
3. Outreach to diverse Tukwila residents to identify needs and opportunities: Attended events for newly
resettled Burmese, Burundi residents. Attended Refugee Forum for networking. Provided
technical assessment and assistance on financial issues with contracted non profit.
Participated in Night Out Against Crime, Tukwila Health and Wellness Fair and Tukwila Days.
4. Participate in development of the South Kina County Homeless Plan: Plan shared at Homelessness
in SeaTac and Tukwila forum.
5. Coordinate services with Tukwila Community Schools Collaboration: Continue consultation with
Community Schools staff.
6. Participate on Interiurisdictional Review Team: Participated in recommendations for funding CDBG
capital projects.
7. Support subregional efforts in community capacity building: Worked with SKC Capacity Director.
8. Coordinate efforts with Economic Development, Code Enforcement, Parks and Recreation, Planning,
Public Works, Police and Fire: Coordinated on resolution of client issues, provided training to
new staff.
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 3
9. Build increased communication /coordination with community organizations: Hosted provider
meetings, participated in variety of school district hosted meetings, provided technical
assistance to non profits. Trained apartment managers.
10. Provide same day information and referral resoonse: Served 217 requests for information.
11. Fill vacant Advisory Board position: School district position filled.
12. Provide support for sub reaional human services communication /planning: Participate in SKC
Homeless Forum, Human Service planner meetings, subregional domestic violence efforts.
CITY ATTORNEY
3 QUARTER SIGNIFICANT ISSUES
This quarter has seen the successful resolution of the Pacific Court v. Tukwila matter which brings to a
close over a year of litigation and negotiation to abate a community nuisance. We are currently engaged
in settlement discussions related to the Water District #125 lawsuit. In addition to this litigation activity,
our office continues to assist in many code enforcement matters, developing a new sign code, updating
the Shoreline Master Plan, as well as assist the City in negotiating various development agreements.
BUDGET PROGRAM GOALS
1. Provide city -wide training in coniunction with Administrative Services related to personnel issues:
Ongoing.
2. Work with City staff on Tukwila Village Proiect: Ongoing.
3. Continue to update and revise standardized contracts and other form documents: Ongoing.
4. Continue to work with City staff on regional issues and regional proiects or proposals impacting the
City: Ongoing.
5. Assist staff in developing an LID program: Ongoing.
6. Work with City staff on code enforcement issues and on strengthening provisions of the Tukwila
Municipal Code to allow for more effective code enforcement: Ongoing.
7. Work with the Department of Community Development on Comprehensive Plan updates and shoreline
management issues: Ongoing.
8. Work with City staff to develop streamlined procedures for administrative hearings and non -tort
litigation: Ongoing.
9. Work with City staff to revise the City's sign code: Ongoing.
10. Develop operating procedures for litigation process: Ongoing.
11. Maintain efforts to keep prosecution costs down: Ongoing.
MUNICIPAL COURT
3 QUARTER SIGNIFICANT ISSUES
This quarter's primary focus was how to address the anticipated increase in interpreter costs. We met
with interpreters, coordinators, and the participating attorneys and changed our court calendars rather
dramatically. As of November 1, we will consolidate all non Spanish speaking interpreter calendars in an
effort to address the new requirement that we pay interpreters' mileage and a minimum 2 hours. Also,
our home monitoring devices are now in and we will operate our own pre -trial home monitoring program.
This program saves anywhere from $8 per day (versus Renton home monitoring) to over $100 per day
(versus jail).
BUDGET PROGRAM GOALS
1. Continue to retool and expand Jail Alternative Program: Ongoing. We've recently added our own
home monitoring program. The Probation Department will maintain home monitoring units to
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 4
be used by the court for low risk offenders as an alternative to remaining in pre -trial custody.
Each day on this program will cost the City approximately $6 per day versus the $109 daily fee
at the jail.
2. Monitor case volume /workload in order to provide input in pending public defender contract
negotiations: Ongoing. We will continue to monitor volume as we prepare for a significant
calendar change on November 1st. Our calendars will be more consolidated based on
public defender needs and increased interpreter costs.
3. Prepare for pending Union contract issues as they relate to court specific needs: Ongoing. The
court leadership recently met with HR staff to prepare for issues surrounding the unique
needs /status of court employees. We gathered court related union contracts from several
other jurisdictions to assist in our research.
4. Increase use of on -line court resources to enhance court services and reduce printing costs:
Ongoing. With the help from IT, the court now has laptop computers for attorneys on both
sides and for the judge. Access to court records is now available on -line and we are giving all
users the chance to become familiar with the records navigation process. On November 1, we
will no longer provide the massive print copies of those records to the lawyers /judge on court
days.
5. Expand participation in countv -wide trial court coordination efforts: Ongoing. We continue to work
with other local courts in our effort to consolidate interpreter resources. We have
consolidated our own interpreter calendars to save a substantial amount of money. This was
in response to legislative changes regarding interpreter pay rate, minimum 2 hour pay, and
certification requirements. We will soon begin to receive State reimbursement for 50% of our
interpreter costs.
FINANCE DEPARTMENT
3 QUARTER SIGNIFICANT ISSUES
One of the significant events during the third quarter was the hiring of Shawn Hunstock as Finance
Director. Shawn came from the City of Auburn where he was the Assistant Finance Director.
Another major event was the continuation of the city's first biennial budget for 2009 -2010. Budget
initiatives were submitted by each department, and Finance staff spent considerable time getting a
proposed budget ready for Council consideration.
The completion of major development at Westfield mall near the end of July meant the loss of sales tax
revenue on construction, but an increase in retail sales. This increase was initially offset by the effect of
"streamlined sales tax" legislation, which took effect July 1 The full effect of additional retail sales at the
mall, and the corresponding loss of revenue from companies affected by streamlined sales tax is not yet
know, but is an issue the Finance department will monitor closely.
BUDGET PROGRAM GOALS
1. Complete Comprehensive Annual Financial Report (CAFR) by May 31, 2008: Completed.
2. Continue Budget Manual development: No update to report.
3. Continue development of Risk Manaaement policies and procedures: No update to report.
FIRE DEPARTMENT
3 QUARTER SIGNIFICANT ISSUES
During the third quarter, we continued to provide First Aid /CPR and Fire Extinguisher Classes to the
public and city employees. We participated in Fire Department -Kids Day at the Museum of Flight and in
Tukwila Days and the annual Night Out Against Crime. We conducted annual hose, pump and ladder
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 5
testing, participated in the Zone III, Suppression, Haz -Mat and Rescue drills as well as responded to
actual Zone III Suppression, Haz -Mata and Rescue emergencies. Our crews participated in
familiarization drills with Sound Transit and completed a majority of EVAP Road Course and Rodeo skills.
Training was busy making sure that all personnel successfully completed their EMT recertification. Fire
prevention was consumed in July with the mall expansion project and continues to this day completing
their correction notice list(s). They are now busy with the expansion of the Sabey data center and
investigating 6 vehicle arson fires and the fatality vehicle fire on 405. Finally, the third quarter ended with
a fire at the Quest building on 180 and Andover Park West that could have proven to be very significant.
Quick actions by the initial Tukwila Units prevented damage to any of the servers, thereby preventing any
loss of commerce.
BUDGET PROGRAM GOALS
Administration
1. Conduct annual management training: Later in the year.
2. Review and update department policies and procedures as needed: 6 in draft revision, 4 revised and
in effect, 1 new in draft process.
3. Coordinate National Incident Management System training for City personnel as needed: Ongoing.
4. Add. update or replace department computers as needed: Ongoing.
5. Aooly for applicable grants: Ongoing.
6. Update six -year plan: Later in the year.
7. Coordinate development of specifications for replacement aid car: Later in the year.
8. Conduct a Regional Fire Authority study: In process.
Suppression
1. Test all fire hoses, apparatus pumps and ladders to meet manufacturer's specifications: Completed
with exception of 1 apparatus pump (will take place 4 qtr).
2. Complete all assianed company level inspections: Ongoing.
3. Participate in public relations and education events: CPR/First Aid course held 3` quarter.
4. Participate in scheduled trainina: department. zone, regional. national: Ongoing.
5. Continue development of small tool replacement schedule: As staff time permits.
Fire Prevention Investigation
1. Continue to convert fire protection plans to compact disc storage media: Project suspended.
2. Have fire prevention officers attend police academy to obtain limited commissions for fire
investigations: Currently no slots in Academy.
3. Add additional fire prevention officer for inspection load related to Westfield expansion: Completed.
4. Continue to provide timely plan review and inspections for our customers Given the increased plan
review and inspection loads related to the Westfield expansion: Currently maintaining 7 -10 day
review cycle.
Third Quarter Yearly Totals
*Plan Review Fees Collected: $15,363.00 $71,336.00
*Special Permit Fees Collected: $12,800.00 $55,900.00
*Re- inspection Fees Collected: 0.00 0.00
Third Quarter Yearly Totals
*Initial Inspections: 226 883
*Reinspections: 161 646
*Night Life Safety Inspection: 45 108
Training
1. Incorporate a "Pre -Fire Tour" program in the department: Ongoing.
2. Incorporate regular visits to shift drills by a Trainina Division officer: Delayed due to reduced staffing.
3. Actively participate in Zone 3 and King County Training Officer duties: Ongoing.
4. Develop a long range plan to have 100% of our drivers attend the Advanced Pump Academy:
Continuing.
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 6
5. Develop a lona range plan to have all our truck company officers and firefiahters. assianed to the
ladder truck. attend the Advanced Truck Academy: Continuing.
6. Submit a plan to Administration for reaular attendance by our members to the National Fire Academy:
Delayed due to reduced staffing.
Facilities
1. Install automatic standby power at all stations: Dependent upon Public Works Department.
2. Paint interior of Station 52 and Station 53. and the interior and exterior of Station 51: Dependent upon
303 fund.
3. Remodel /Relocate kitchen at Station 51: Remodel complete.
4. Paint Apparatus Bay at Station 54: Dependent upon 303 fund.
5. Research electronic air filtering for each station: Public Works 5 year plan.
6. Replace curbing at Station 51: Dependent upon 303 funds.
Hazardous Materials Team
1. Increase Team membership to have a minimum of four technicians on duty: Ongoing (long term
goal).
2. Have all officers and acting officers "HazMat Incident Commander" certified: As needed and required.
3. Implement the new HazMat Technician Trainina Manual: Ongoing.
4. Review HazMat drill codes and revise to line uo with current training processes, includina the new
Technician Training Manual: Ongoing.
Rescue Team
1. Meet annual training requirements for technical rescue, Der NFPA 1670 and NFPA 1006: Ongoing.
2. Provide swiftwater rescue technician trainina: 3 new technicians trained /Ongoing.
3. Pursue the placement and construction of at least one boat ramp into the Green River within the City of
Tukwila: Substantial approval process (long term goal).
4. Host annual Zone 3 Trench Rescue Technician Training_: Completed.
5. Participate in all Zone 3 Rescue Technician Training: Ongoing.
Ambulance, Rescue Emergency Medical Aid
1. Complete all 2008 competency -based training obiectives: Ongoing.
2. Provide 2008 competency -based instructor trainina for Department instructors: Ongoing.
3. Provide first aid, CPR and public access defibrillation training to the public and City employees: 3`
quarter complete.
4. Provide ongoing advanced auto and commercial vehicle extrication trainina: Completed.
5. Provide ongoing mass casualty training for Department personnel: Ongoing.
6. Provide first aid /CPR instructor training for Department instructors: Ongoing.
7. Provide logistic support and ongoing training to enable the department to participate in the Rescue
Outcomes Consortium (ROC) study: In progress.
8. Sponsor Department Explorers to a King County EMT course: As requested.
9. Repair, clean. inspect, test and calibrate specific aid equipment: Ongoing.
10. Participate in new technology evaluations offered by the Kina County Medical Proaram Director: As
requested.
11. Outfit two new Mass Casualty Incident trailers: Awaiting restoration of Sound Transit funds.
12. Participate in Zone 3 EMS Officers Program: Participating on committee.
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 7
FIRE DEPARTMENT INCIDENT RESPONSE
EMERGENCY RESPONSE STATISTICS
3 Qtr FIRE
3` Qtr AID
1 Year to Date FIRE
Year to Date AID
3 QUARTER SIGNIFICANT ISSUES
BUDGET PROGRAM GOALS
2007 2008
408
798
1073
2253
411
834
1117
2537
DEPARTMENT OF INFORMATION TECHNOLOGY
Increase /Decrease
This quarter, IT Communications published a 36 -page fall recreation brochure as well as the 12 -page July
and 8 -page September Hazelnut editions. We also went live with the first SendStudio web forms for the
Community Garage Sale sign -ups and Tukwila Village survey; added an RSS news feed to the
homepage; created an ASP script to add, delete and update information from the web to the volunteer
database; embedded streaming flash video for the first time, and began testing the new extranet calendar
for addition to the City Website. On Tukwila 21, we updated a template design with color and logos for
the information slides.
The new consolidated SQL server went on -line this quarter. For the Community Center, we upgraded the
database version and SQL version of their CLASS program registration software and moved it onto the
new SQL server. The Payment Manager Tender Retail Multi (Credit Card processing that works with
CLASS) was also upgraded. Other database activity included upgrading Scan Asset used for the FD
inventory program and creating a staff certification tracking database for TCC. During the budget
process, we assisted Finance in opening up Eden to other departments for direct data entry. Our
technicians developed a procedure for automatic remote software installation to client computers, which
will add to their efficiency in deploying upgrades and installing new software. For the Court's system, we
expanded the network and delivered two new laptops for attorney use eliminating excessive paper waste.
A new Anti -Virus Software program was installed on the network and 25% of the city's PCs were
configured to use this latest software version.
1. Research and plan for SQL Server consolidation; review collection of data across departments and
implement methods to reduce redundancy and duplication of effort to more effectively use City
resources: The new consolidated SQL server is in place. The first City database has
been successfully migrated and we will continue migrating databases during scheduled
upgrades.
2. Review Payment Card Industry (PCI) data security standards for application to City's data stores:
Ongoing (research completed but monitoring for industry updates and new information).
3. City web site and Intranet re- design and roll -out for Centennial celebration and activities, maintained as
needed to keep current; standardize all existing sub Intranets and add additional departments as
requested: Completed Website and TukNet re- design Q2.
4. Prepare Service Level Agreements (SLA) for IT support using industry standards; customized as
required for all City departments: Creating lists of services offered by IT.
5. Prepare Vista OS test lab to allow testing of all City programs and processes: Vista equipment
ordered and on -site. Initial testing shows current versions may not be compatible. Testing to
continue Q4.
6. Provide industry standards training opportunities for IT staff, to include Vista OS: Scheduled for Q4.
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 8
7. Prepare and document IT emeroencv operations plan for system continuity and restoration: Phases
determined for completion, creating forms for data collection from department members.
8. Implement and optimize an electronic e -mail archival system for reoulatory compliance: Completed
Q1
9. Research and plan for consolidation of Active Directory domains into a single city -wide domain:
Consolidation completed, single City -wide domain in place and currently in process of moving
user accounts to new domain systematically.
10. Implement CISCO -based features on network eouipment to enhance network efficiency: Created
VLANs on Cisco switches, first implementation running live at TCC, FD and Minkler shops.
PERSONNEL DEPARTMENT
3 QUARTER SIGNIFICANT ISSUES
The primary focus over the past three months has been on recruitment, preparation for labor negotiations,
labor negotiations participation, 2008 -2009 budget preparation, working with departments on employee
performance issues, updating the safety program to include recent changes in state and federal
requirements, mandated safety training, wellness fair and activities, classification reviews, preparing
responses to public record requests, coaching employees and supervisors, and healthcare plan review
for 2009.
BUDGET PROGRAM GOALS
1. Negotiate and settle Police Commissioned (Guild), Fire (International Association of Fire Fighters,
Police Non Commissioned (United Steelworkers), Administrative/Technical (Teamsters),
Professional /Supervisory (Teamsters), Maintenance/Trades (Teamsters) labor agreement: On- going.
Police Guild contract settled and implementation of new contract. Negotiations have begun
with three Teamsters bargaining units and the Fire (IAFF) union. United Steel Workers (USW)
representing the Police Non Commissioned requested starting negotiations in late October.
2. Distribute Health Insurance Portability and Accountability Act (HIPAA) policies and procedures,
establish committee, and conduct training: Status quo. Policies and procedures are completed;
committee and training pending.
3. Update Personnel Policies and Procedures: In process. Ongoing. Several policies and
procedures have been drafted to meet new legal requirements. Others have been revised to
better reflect current laws and practices. Review continues.
4. Complete basic National Incident Management System training and mission critical department
functions for all Administrative Services Department divisions: Deferred. No longer the
Administrative Services Department due to restructuring. Mission critical functions for the
Personnel Department functions are pending notification and coordination with Emergency
Services.
SUMMARY OF ACTIVITIES:
EEO Information: Ethnic Report of Applicants from 10/1/07- 9/30/08:
Gender B W H I A/PI I Al /AN Unkn Race
MALE 46 220 17 I 46 I 8 49
FEMALE 37 224 10 35 3 1 44
UNKOWN 10 15 3 14 5 I 23
TOTAL 93 459 30 95 16 I 116
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 9
Reaular Employee Applications Processed 112 102 TBD for three jobs
Regular Employee Applicants Interviewed 13 15 TBD for three jobs
Extra Labor New Hires 2 6 4
Extra Labor Rehires 0 2 4
CDL Random Drua and Alcohol Tests Administered 0 2 02
Workers' Compensation Injury Reports 6 3 0
POLICE DEPARTMENT
3 QUARTER SIGNIFICANT ISSUES
The third quarter brought change from the King County Prosecutors office. With the severe budget cuts
the County is experiencing, there is new direction on the types of cases that will be filed with our
Municipal Court. In short, a list of prior felony charges will now be filed in our Municipal Court as
expedited cases. At a minimum this change will have a future impact on our officers, court, and jail
budget.
We continued with the hiring of officers and one records clerk. In addition, Bruce Linton was promoted to
the rank of Commander and assigned to the Patrol Division. Our Night Out Against Crime event was
again well attended and enjoyed by all. Finally, we provided our first apartment managers training for the
year and it was well attended. Our next class is on the schedule.
BUDGET PROGRAM GOALS
JULY
AUG SEPT
Administration
1. Recognize excellent performance: Ongoing.
2. Resolve community problems through partnerships and problem solving: Ongoing- Continued work
with Highway 99, COPCAB and Domestic Violence and Children project.
3. Work with and strengthen regional partnerships: Ongoing Attended FBINAA conference.
Patrol
1. Advance officer safety through upgrades in equipment and training: Ongoing Defensive Tactics and
Firearms Training.
2. Enhance response capabilities to incidents of terrorism and weapons of mass destruction: Conducted
ICS training exercises during Tukwila Days and the Westfield Mall grand opening.
3. Focus patrol resources to improve safety in public spaces: Ongoing Patrol support to TAC Team
Narcotics and Prostitution Emphasis Patrols along the TIB corridor.
Records /Evidence
1. Prepare division training manuals: Records Completed; Evidence Ongoing.
2. Destroy all records maintained by the Records Division that exceed or meet minimum general retention
schedule requirements: Completed.
3. Prepare firearms and narcotics held in evidence for destruction: Narcotics Completed Firearms
Ongoing, destruction scheduled for 4`" quarter.
4. Prepare and submit items of evidence for auction, as appropriate: Completed.
Investigations (Major Crimes)
1. Assess detective assignments and make necessary adiustments in order to increase efficiency:
Completed.
2. Evaluate and adiust investigative priorities: Ongoing Adjusted to facilitate our volume of major
cases.
3. Conduct quarterly reviews in order to assess effectiveness and direction of the Unit: Ongoing —1
2 "O quarters completed,
3 rtl 4`" quarters scheduled.
2008 Third Quarter Report to Council
Prepared for Finance Safety Committee
Page 10
Special Operations /Crime Prevention/Training/Traffic
1. Conduct auarterly reviews in order to assess effectiveness and direction of the Unit: Ongoing —1 st
2 quarters completed, 3`" 4" quarters scheduled.
2. Maintain crime prevention programs that facilitate our partnerships with the communitv: Ongoing
Crime Free Multi Housing training program presented.
3. Reduce the impact of crimes related to drugs, vice and qanqs throuqh proactive enforcement:
Ongoing "John Patrol alcohol sting, buy -bust operations completed.
4. Reduce speeding through increased visibility and traffic enforcement: Conducted focused
enforcement at school zones during opening week.
5. Reduce traffic collisions in taraeted areas of the Citv: Ongoing and Focused Traffic Enforcement in
school zones.
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