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HomeMy WebLinkAboutCOW 2008-10-27 COMPLETE AGENDA PACKET Jt gs, Tukwila City Council Agenda COMMITTEE OF THE WHOLE t Vin i !IOW i r2 :�f Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pamela Linder k Rhonda Berry, City Administrator a Dennis Robertson Verna Griffin is Joe Duffle, Council President Kathy Hougardy De'Sean Quinn MONDAY, October27, 2008, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL a. Update on alternative revenue sources; Pg.1 PRESENTATIONS Peter Moy, FCS Group. b. Phase II /III findings of the Fire Study; Bruce Caldwell, Senior Vice President, ESCL 3. CITIZEN At this time, you are invited to comment on items not included on this COMMENT agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the.issue is presented for discussion. 4. SPECIAL a. Contract with the Cascade Land Conservancy regarding the Duwamish Pg.7 ISSUES Riverbend Hill project. b. Interurban Avenue South Waterline Construction Management Services Pg.19 Supplemental Agreement with Anchor Environmental. c. GIS -based Public Works Infrastructure Inventory Area 5 Consultant Pg.31 Agreement with Perteet Engineering. d. Contract for legal services for 2009 -2010 with Kenyon Disend. Pg.51 e. Contract for lobbying services for 2009 with M. J. Durkan. Pg.65 f. Contract for lobbying services for 2009 with Ball Janik. Pg.77 g. Ordinance amending the Council Procedures Ordinance. Pg.91 h. Continued review of the 2009 -2010 Budget /CIP. Pg.95 Please bring your copy of the Budget /CIP. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206- 433- 1800/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us. and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. 2008 General Fund Revenue Options and Analysis TECHNICAL MEMORANDUM PREPARED FOR THE CITY OF TUKWILA October 23, 2008 As part of the City of Tukwila's 2009 budget process, the City wanted to review its General Fund revenues to identify other revenue sources that might be available to the City. The City previously engaged FCS Group for the 2007 budget process to identify these potential revenue sources and to forecast, if possible, the potential revenues that might be received if the City chooses to use these other revenue sources in the future. This memorandum is an update of the previous work. There are several major revenue sources that the City currently does not use and that could supplement existing General Fund revenue sources. In addition, the City may want to consider changing how it charges fees and recovers its costs. These potential revenue sources include the following: Additional property taxes, A business and occupation tax, A public utility business and occupation tax, An increase and change in business license fees, An increase in planning permit and application fees, and A review of the City's administrative cost allocation model. Property Taxes Based on the King County Assessor's 2008 assessment report, the City's current property tax rate is $2.56911 per $1,000 of assessed value. The City's maximum levy is $3.20814 if it has a firefighter's pension fund. Besides the City's regular property tax, there are other property taxes, that could be used to provide additional funding for purposes that may affect the General Fund. These property tax alternatives include the following: A Property Tax Lid Lift An Emergency Medical Service (EMS) Levy Property Tax Lid Lifts There are two types of property tax lid lifts, temporary and permanent. A lid lift allows the City to exceed the one percent property tax limitation if a majority of the voters approve a ballot measure. The levy lid lift can last for a maximum of six years and must be for a specific purpose. The difference between a temporary and peinianent lid lift is that when a temporary lid left ends, the regular property tax levy is calculated as if the lid lift had not been approved. With a permanent lid lift, the levy is calculated using the new base amount. Based on the City's current 2008 valuation every $.10 per $1,000 of assessed value results in an additional $386,102. (425) 867-1802 2008 CITY REVENUE REVIEW AND ANALYSIS UPDATE CITY OF TUKWILA, WASHINGTON DRAFT Emer2encv Medical Services Levy EMS services and responses are a major part of the Fire Department's workload. RCW 84.52.069 allows taxing districts such as cities, counties, and fire protection districts to impose an additional regular property tax levy of up to fifty cents per $1,000 of assessed valuation. King County currently has a countywide EMS property tax levy that is about 5.30 per $1,000 of assessed value. Although there is a countywide levy, RCW 84.52.069 allows individual jurisdictions to also have a separate EMS levy if the countywide tax rate is less than $.50 per $1,000 of assessed value. The funds from an EMS levy can only be used for providing emergency medical care or emergency medical services. Related personnel costs, training for EMS personnel, and related equipment, supplies, vehicles, and structures needed to provide emergency medical care or services can be included. The RCW allows jurisdictions to have a tax rate that is equal to the difference between a countywide levy rate and the 5.50 maximum levy. In other cities outside of King County, EMS levies are used to help support the EMS services provided by city fire departments. To implement this tax, an EMS levy proposal must be approved by 60% of the voters. The law provides for the following: The levy may be imposed each year for either six consecutive years, ten consecutive r or i�ianentl years, o Y Y ei p The levy must be authorized by at least 60 percent of the registered voters when there is a voter turnout greater than 40 percent of the number of voters in the last general election. If voter turnout is less than the 40 percent, a levy will be authorized if the number of yes votes is equal to at least 60 percent times 40 percent of those who voted in the last general election. If a peimanent levy is imposed, a taxing district must provide for a separate accounting of the expenditures concerning the revenues generated by the levy. The taxing district must maintain a statement of accounting that must be updated every two years and be available to the public at no charge. If a peimanent levy is imposed, it is subject to a referendum at any time. The levy is not subject to the levy rate limit of 55.90 for junior and senior taxing districts. The levy is still subject to the 1% annual limitation. If the City's voters approved the maximum 2008 levy rate of about 5.20 per $1,000 of assessed value, an EMS levy based on the City's 2008 assessed valuation would generate 5772,204. Business Occupation Tax RCW 35.21.710 allows cities to impose a tax measured by gross receipts or gross income of retail sales of tangible personal property. The tax must be at a single uniform rate for all such business activities and with some exceptions cannot exceed .002. This a common tax imposed by cities. In the Association of Washington Cities' (AWC) 2008 Tax and User Fee Survey, AWC found that 38 cities impose this type of tax with different tax rates for different business categories, such as manufacturing, retail, services, and wholesale. Average tax rates by category for these cities include the following shown in Exhibit 1: 2 (425) 867-1802 2008 CITY REVENUE REVIEW AND ANALYSIS UPDATE CITY OFTUKWILA, WASHINGTON DRAFT Exhibit 1 Statewide Average B &O Tax Rates Average Business Category Tax rate Manufacturing .00146 Retail .00157 Service .00199 Wholesale .00190 For King County, the AWC survey showed that there were eleven cities that had a business and occupation tax on businesses. The eleven cities were Algona, Bellevue, Burien, Des Moines, Issaquah, Lake Forest Park, Mercer Island, North Bend, Pacific, Seattle, and Snoqualmie. To estimate the potential revenue from this type of tax, we only used the reported retail sales for the City. The Department of Revenue's Quarterly Business Review shows that the City's 2007 taxable retail sales totaled about $2.2 billion. Based on a .002 maximum tax rate for all retail businesses, the tax would have generated about $4.4 million in 2007 based on just retail sales. Because there are many businesses (e.g. grocery stores, gas stations, service businesses, etc.) that have gross income that is more than just taxable retail sales, the actual business income base is probably be higher. For every .0001% tax rate, about $219,000 is generated from retail sales businesses. Data on gross income for all businesses located in Tukwila was not available. As noted previously, the City can have different tax rates for different business classifications as long as all business within a class are treated the same. Public Utility Business Occupation Tax Although the City will be taxing private utilities at the maximum 6% rate in 2008, the City could also tax its own utilities for water, sewer, and stoiniwater. There is no limit on the tax rate for public utilities, and many cities in the state tax their utilities. Exhibit 2 shows the average statewide 2008 tax rates based on the 2008 AWC survey. Exhibit 2 Statewide Average Utility B &O Tax Rates Average Utility Tax Rate Water .0784 Sewer .0771 Stouii Drainage .0713 According to the survey, 14 King County cities tax their water and sewer utility, while eight tax their stonnwater utility. Exhibit 3 shows the average 2008 tax rates in these King County cities. 3 (425) 867-1802 2008 CITY REVENUE REVIEW AND ANALYSIS UPDATE CITY OF TUKWILA, WASHINGTON DRAFT Exhibit 3 King County Average Utility B &O Tax Rates Average King Utility County Tax Rate Water .0681 Sewer .0655 Stalin Drainage .0678 Based on the 2007 revenues for the City's three utilities, Exhibit 4 shows the estimated revenue based on the statewide average tax rates, while Exhibit 5 shows the revenue based on the average tax rates for King County cities. Exhibit 4 Revenue Based on Average Statewide Utility B &O Tax Rates 2007 2008 Average Utility B &O Tax Utility Operating Statewide Tax Revenues Rate Revenue Water 1 $4,400,0001 7.84 %I $344,960.00 Sewer 1 $4,200,000 1 7.71% $323,820.00 Surfacewater 1 $2,500,000 1 7.13% $178,250.00 Exhibit 5 Revenue Based on the Average King County Utility B &O Tax Rates 2007 2008 Average Revenue Utility Operating King County Utility B&0 Tax Per 1% Revenues Tax Rate Revenue Increase in Tax Rate Water 1 $4,400,0001 6.81 %I $299,640.00 $44,000.00 Sewer 1 $4,200,0001 6.55 %1 $275,100.00 $42,000.00 Surfacewater 1 $2,500,000 1 6.78 %1 $169,500.00 1 $25,000.00 Business License Fees Although the City already has a business license fee, the City could change the fees and/or the fee schedule to generate more revenue. The City's current license fee is 100 for businesses with twenty or fewer employees, $150 for businesses with 21 to 50 employees, and $200 for businesses with 51 to 100 employees, and $300 for businesses with 101 or more employees. The fee for home occupations that are operated from a Tukwila residence is $50. Many cities in King County charge these types of flat fees for their business licenses. There are, however, some other approaches for generating more revenue from business license fees. As examples, both Renton and Redmond have charged a fee per employee hour. The 2008 budget revenue for business licenses was estimated at $6,000. 4 (425) 867-1802 2008 CITY REVENUE REVIEW AND ANALYSIS UPDATE CITY OF TUKWILA, WASHINGTON DRAFT Redmond's business license fee applies to all businesses performing work in the City and is based on the number of employee hours worked in the City. In 2006 Redmond charged a base fee of $35.00 per full time employee (or $.018229 per employee hour worked) and a capital surcharge of $55 per full time employee (or $.02864 per employee hour worked). The fee per full time employee is based on 1,920 hours and the total minimum license fee is $90. Businesses have the responsibility for determining the hours worked in the City. For Redmond's 2007 -2008 budget, the business license revenue for the General Fund was estimated at $4.98 million. Renton's license fee program also applies to all businesses performing work in the City and is also based on the number of employee hours worked in the City. The fee is calculated based on the number of hours reported on the State of Washington Labor and Industries reports multiplied by $.029 per hour ($55 per employee based on 1,920 hours). The minimum license fee is $55. The City generally presumes that any business operating within the City has all of its employees working within the City even though portions of an employee's time are spent outside of the City. Renton's 2008 budget revenue estimate for business licenses was about $2.5 million, with $746,000 going to General Fund. The two cities use a large share of the revenues for specifically addressing transportation impacts resulting from business employment. In Renton 70% of the $55 fee per FTE goes for transportation projects and 30% goes to the General Fund. In Redmond $35 per FTE goes to the General Fund and the $55 per FTE surcharge also goes for transportation projects. Planning Fees Another area where fees can be changed to generate more revenue involves fees for planning permits and applications. Based on a very general review of the Department of Community Development's 2008 planning budget and related 2008 revenues, it appears that the City's cost recovery for processing these types of permits and applications may be low. The 2008 budget for the Planning Division is about $1.2 million. The 2008 estimated General Fund revenues for zoning and subdivisions fees, planning inspection fees, protective inspection fees, and SEPA checklist fees total $296,000. The 2007 actual costs totaled $973,965, while the actual fee revenues totaled $279,435. This represents about a 29% recovery rate if all the costs were devoted to current planning activities. However, there are probably labor costs for long range planning activities, and these costs would have to be accounted for to determine the actual cost recovery rate. At the same time city administrative costs and departmental overhead have also not been included as well as any permit coordination costs that also might be shared with the Building Division. If the City wanted to increase its cost recovery to at least 50% of the costs of the Planning Division, the increase in additional revenue would be about $300,000, assuming the same level of activity. A more specific analysis would need to be done to determine the actual cost recovery rate and to go through the process of determining how much should be recovered for these types of permits. Indirect Cost Allocation The City's administrative cost allocation model has been in existence since 1986 and has, for the most part, not been changed. To assure that allocations are still fair and equitable, the City may 5 (425) 867 -1802 2008 CITY REVENUE REVIEW AND ANALYSIS UPDATE CITY OF TUKWILA, WASHINGTON DRAFT want to review how it allocates its General Fund costs to other funds as well as to the General Fund Departments. Indirect cost allocation can be used not only to reimburse the General Fund for costs associated with supporting other non General Fund services, but can also be used to determine the full cost of service to calculate user fees and to obtain reimbursements from federal and state agencies. A review of the allocation factors and the cost allocation framework may or may not result in additional revenue to the General fund, but can help to improve financial management and the cost allocation process. Revenue Options Summary As discussed in the previous sections, the City has a variety of different revenue options that could be implemented to increase City revenues. Exhibit 6 summarizes the options and provides revenue estimates based on different benchmarks. Exhibit 6 Revenue Options Summary Revenue Option ITax Rate /Fee Changes 'Estimated Revenue Property Tax Lid Lift Per $.10 per $1,000 $386,102 EMS Levy Per $.20 per $1,000 $772,204 Business Occupation Tax Retail Sales 0.002% 54,400,000 Utility B &O Tax Water Per 1% Tax Rate $44,000 Utility B &O Tax Sewer Per 1% Tax Rate 542,000 Utility B &O Tax Surfacewater Per 1% Tax Rate $25,000 Planning Fees Increase to 50% recovery rate 5304,000 6 (425) 867-1802 ss .r11LA, COUNCIL AGENDA SYNOPSIS s 'S, 5 Initials II No. O 5 r�1 l o rlleetinn Date 1 Prepared by 1 Mayor's review 1 Council review 1 10/27/08 BF 1 ,/4.t2- 11,1s4 11/03/08 BF 1 l 1 1 1--1. ITEM INFORMATION CAS NUMBER: 08-129 I ORIGIN_1L AGENDA DATE: OCTOBER 27, 2008 Act ?ND: ITENI TITLE Contract with Cascade Land Conservancy (CLC) CATI.:GORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing Other Altg Date 10/27/08 Altg Date 11/3/08 Altg Date Altg Date Altg Dat, Altg Date Altg Date 1 Sl'c )NSC )R Council Mayor Adra Sves DCD Finance Fire Legal P&R Police PIY/ SPONSOR'S The Parks and Recreation Department is seeking approval to enter into a contract with the SUMMARY Cascade Land Conservancy to continue efforts to move forward with the development of the Duwamish Riverbend Hill project. It is proposed to enter into agreement with CLC to provide city support with project management, volunteer management, steering committee leadership, fundraising and Tribal coordination. Council is being asked to authorize the Mayor to sign the contract. RI l l ,\X'I M BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte U Arts Comm. Parks Comm. 1 1 Planning Comm. DALE: 10/13/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approval of contract COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExP1',N D ITURE RliQ U IRED AMOUNT BUDGETED APPROPRIATION REQUIRED $30,000 $30,000 Fund Source: 301 FUND, PAGE 8 IN 2008 CIP Comments: Funding will come from the extended land lease collected from Sound Transit, MTG. DATE RECORD OF COUNCIL ACTION 1 11/3/08 MTG. DATE I ATTACHMENTS 10/27/08 Informational memorandum dated 10/8/08 Contract with Cascade Land Conservancy, including exhibits Minutes from the Community Affairs and Parks Committee of 10/13/08 ILA, 1 1 G21 it of Tukwila 1 e 1 .1.1 6200 Southcenter Boulevard Tukwila, Washington 98188 l ��f rte' gt Jim Haggerton, Mayor c 1908 MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bruce Fletcher, Director of Parks and Recreation DATE: October 8, 2008 SUBJECT: Cascade Land Conservancy Contract The City has benefited in our long partnership with the Cascade Land Conservancy (CLC) with the preservation project at Duwamish Riverbend Hill. We have teamed up with CLC and the Friends of the Hill group to raise the funds needed for the acquisition of the property and to develop phase I. The next phase of development will require project management by CLC in a collaboration effort with the Parks and Recreation Department. In order to do this in an efficient and professional manner, it is proposed to enter into an agreement with CLC to provide city support with project management, volunteer management, steering committee leadership, fundraising and work with the Tribal coordination. This agreement for services scope will not exceed $30,000. The funding will come from the extended land lease collected from Sound Transit. It is the recommendation of the Parks and Recreation Director to approve the contract with the Cascade Land Conservancy in the amount not to exceed $30,000. CC. Rhonda Berry, City Administrator Rick Still, Deputy Director of Parks and Recreation Phone: 206- 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non charter optional municipal code city hereinafter referred to as "the City and CASCADE LAND CONSERVANCY, hereinafter referred to as "the Contractor whose principal office is located at 615 2 Ave. Suite 625, Seattle. WA 98104. WHEREAS, the City has deteiniined the need to have certain services perfoinied for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain teinis 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 perfoiming such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the perfoiniance 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. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $30,000. 3. 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. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing October 1, 2008 and ending Sentember 30. 2009 unless sooner terminated under the provisions hereinafter specified. 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 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 attomey'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 perfoiniing the work required by this Agreement. With respect to the perfoiniance 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 halniless 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 haiiiiless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the perfoimance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 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 teiniinate this Agreement immediately. 10. 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. 11. 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. 12. 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. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila, City Clerk 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. 14. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 20 CITY OF TUKWILA CONTRACTOR: By: By: Jim Haggerton, Mayor Title: ATTEST/AUTHENTICATED: Printed Name: Christy O'Flaherty, City Clerk Address: APPROVED AS TO FORM: Office of the City Attorney Date approved by City Council: By: (Applicable if contract amount is over 525,000) Exhibit A: Scope of Services Implementation of Master Plan Phase I Site Development: Maintain contract with landscape architect for design development, construction drawings, permit process, and construction administration Secure and maintain contracts with all sub contractors for the trail work, infrastructure (i.e. view points, guardrails, gathering areas, temporary parking area, kiosks, etc), and landscaping Participate in planning process and discussions, and provide on -site supervision during construction Project Coordination: Steering Committee Organize and lead steering committee (made up of community, City and CLC representatives) meetings as needed to update management team on progress and to seek assistance Volunteer Management Recruit volunteers and facilitate volunteer events (at least quarterly) to remove invasives, plant natives, and conduct educational activities Work closely with Friends of the Hill to maintain community engagement in project (i.e. attend Friends meetings as scheduled, collaboratively organize events such as the Centennial event in June 2009) Tribal Coordination Present to Duwamish Tribal Services and Muckleshoot Cultural Committee to update on progress and receive feedback Communication with City Meet with City of Tukwila representatives as invited or scheduled, including representatives from the Parks Commission and the Tukwila City Council Fundraising: Continue to research funding opportunities for Phase I implementation, as well as Phases II and III Assist and support cultural consultant with submission and presentation of grant applications Manage grants given to CLC Timely grant reports Budget creation and management Invoicing Provide copies of Master Plan as needed for grant applications and presentations Education: Assist in creation of educational materials for the kiosks and signage on site Work with local teachers and school district to develop educational program for the Hill Support efforts to create a summer educational program on the Hill Assist cultural consultant in development of cultural interpretation plan Additional Work: Upon written approval of the Tukwila Parks Director, CLC will provide additional services beyond the scope of work identified in this exhibit Exhibit B: Rate Schedule CLC's services will be billed at the following rates: VP Stewardship 1 30/hour Land Stewardship Director $1 10/hour Lands Coordinator $90 /hour Project Associate $75 /hour Materials, supplies, equipment and incidentals necessary to complete the scope of services will be billed as actual costs. -gs'/, City of Tukwila ,�s.� Community Affairs and Parks Committee 19 COMMUNITY AFFAIRS AND PARKS COMIVIITTEE Meeting Minutes October 13, 2008, 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Rick Still, Robert Eaton, Rhonda Berry and Kimberly Matej CALL TO ORDER: Chair Hernandez called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract with Cascade Land Conservancy Staff is seeking full Council approval to enter into a contract for services with Cascade Land Conservancy in amount not to exceed $30,000. This contract will provide support with project and volunteer management, steering committee leadership, fundraising and work with Tribal coordination in relation to the development of Duwamish Riverbend Hill. Staff distributed an updated copy of the contract for services. One change was made to Section 9. Termination. Originally this section stated that the contract could be terminated by the City. The change reflects that the contract can be terminate by either the City or Cascade land Conservancy. There is no budget impact as monies collected from the Sound Transit lease agreement will fund the contract (leased area of the park for temporary Sound transit staging). UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. B. Tukwila Spray Park Final Acceptance and Proiect Closeout Staff is seeking Council approval for formal acceptance and project closeout of the Tukwila Spray Park. There was one change order in the amount of $6,528; however, the project still remained within budget. Committee members were complimentary of staff's work on the project and expressed the community's interest in the new park. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20 CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 5:10 p.m. Next meeting: Monday, October 27, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval Minutes by KAM. COUNCIL AGENDA SYNOPSIS ITEIIvI No. 0 1 Meeting Date Prepared by 1 Mayor's review I �CQuncit review J 1 10/27/08 I MM O9 -2- f 11/03/08 1 MM 10- ITEM INFORMATION CAS NUMBER: 08-130 I ORIGL \IALAGENDA DATE: OCTOBER 27, 2008 AGENDA ITEM TITLE Interurban Ave S Waterline Project Construction Management Services Supplement No. 6 with Anchor Environmental, LLC. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/27/08 Mtg Date 11/3/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pi7 SPONSOR'S Base Contract 06 -049 with Anchor Environmental, LLC was a blanket construction SUMMARY management agreement. The Interurban Ave S Waterline construction bid was awarded to Gary Merlino Construction Company on September 3, 2008. Supplement No. 6 has been negotiated with Anchor in the amount of $53,978.00. The scope of work includes all construction management and inspection services during the waterline construction contract. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAZE: 10/20/08 RECOMMENDATIONS: SPONSOR /ADMAN. Authorize Mayor to sign supplement with Anchor Environmental, LLC. CoMMIrrtEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $53,978.00 $60,000.00 Fund Source: 401 Water Fund (pages 79, 2008 CEP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/27/08 11/03/08 MTG. DATE ATTACHMENTS 10/27/08 Information Memo dated October 16, 2008 Supplement No. 6 with Exhibits Utilities Committee Meeting Minutes from October 20, 2008 11/03/08 INFORMATION MEMO To: Mayor Haggerton From: Public Works DirectoTX) Date: October 16, 2008 Subject: Interurban Ave South Waterline Project No. 04 -WTO2 Consultant Agreement 06 -049, Supplement No. 6 Construction Management Services ISSUE Approve Supplemental Agreement No. 6 to Consultant Agreement Number 06 -049. BACKGROUND Base contract No. 06 -049 with Anchor Environmental, LLC of Seattle, WA included on -call construction management (CM) services in support of any City funded construction projects. On September 3, 2008, City Council approved the Interurban Ave S Waterline construction contract with Gary Merlino Construction Company, Inc. This project will replace the existing forty- year -old 12" cast iron waterline along Interurban Ave South from 42" Ave S to 48t Ave S in front of Shell Oil, Jack In the Box and Starbucks. To provide adequate CM and inspection support to Public Works project staff, we solicited a proposal from Anchor Environmental. ANALYSIS Anchor Environmental has previously provided design review services for this construction project. In addition, Anchor has the proper expertise and staff availability to provide CM and inspection services. Supplemental Agreement No. 6 was carefully reviewed and is reasonable in scope and fees at $53,978.00. The proposed budget under this project for Construction Management is $60,000.00 and Anchor's supplement of $53,978.00 is well within budget. RECOMMENDATION Approve Supplemental Agreement No. 6 with Anchor Environmental in the amount of $53,978.00. Attachment: Supplemental Agreement No. 6 to Consultant Agreement No. 06 -049 P:\PROJECTS\A- WT Pmjear \04WT02 IU Waterline \Construction Phase\Anchor Environmental CM\Info Memo for CM services Anchor sup 6.doc SUPPLEMENTAL AGREEMENT NUMBER SIX TO CONSULTANT AGREEMENT NTJibiBER 06 -049 THIS SUPPLEMENTAL AGREEMENT SIX is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Anchor Environmental L.L.C., Inc., hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, April 17, 2006 and identified as Agreement No. 06 -049 and previously amended by supplements, the most recent being Supplement No. 5 dated March 11, 2008. All provisions in the basic agreement and the previous supplements remain in effect except as expressly modified by this new Supplement No. 6. The changes to the agreement are described as follows: 1. Scope of Services, is hereby changed to add to the general scope of services the specific scope of services as outlined in Exhibit A -6. 2. Payment, shall be amended as follows: See attached Exhibit B -6. Payment for the work provided by the Consultant as part of this supplement shall be made as outlined in the agreement and the total amount of payment to the Consultant for the work presented in this Supplement No. 6 shall not exceed $53,978 without express written modification of the Agreement signed by the City. 3. Time for Performance, shall be amended as follows: No change to the basic agreement duration as amended by Supplement 5. Supplement Six has an estimated duration of 90 calendar days. DATED this day of 2008. CITY OF TUKWILA CONSULTANT BY: Jim Haggerton,, Mayor Printed Name: Ed Berschinski Title: Partner 1 oft 0 M)� 02_( 6 s EXHIBIT A -6 City of Tukwila: Consul Agreement No.06 -049 Supplement No.6 Interurban Ave Waterline Replacement e o 0- Revised scope of work 1 09 8 0 p Specific Scope of Work Construction Management Services The following represents the general scope of services to be performed by Anchor Environmental L.L.C. (Anchor) during construction of the Interurban Ave. Waterline Replacement project. The services are divided into different categories of work that represent the chronology of the activities as well as the types of services provided. This scope is intended to reasonably address all construction- related services that would normally be anticipated for a project of this type. Task 1 Pre Construction Services Subtask 1.1 Construction Document Review (No charge) Scope Obtain from City and become familiar with bid documents (plans, specifications), property owner agreements, and other information pertinent to the CM process. Hold kick off meeting for Anchor project team. Subtask 1.2 Pre Construction Meeting Scope Attend pre construction meeting. Subtask 1.3 Submittal Review Scope Log and track contractor submittals (as outlined in specifications). Review contractor technical submittals (i.e. shop drawings, catalogue cuts, work plans, test reports and certifications). for general compliance with contract requirements. General submittal requirements (i.e. Schedule, wage rates) will be routed as requested for review by City Water Dept. staff and/or City /Consultant designers. Subtask 1.4 Conditions Review Scope Task 2 Contract Administration Services Subtask 2.1 Planning Scope Correspondence: Prepare draft response on behalf of City to all project construction correspondence requiring responses. Final formal correspondence will be issued by City. Status Reports: Prepare and transmit monthly invoices and status reports. Status reports shall include project progress with respect to critical timelines, budget status and identification of any issues that may affect schedule or budget. Subtask 2.3 Progress Payments Payment: Prepare payment spreadsheet. Review monthly progress payment requests submitted by the contractor. Provide measurements and verification of progress and submit monthly application for payment to the City for processing. Payment to Contractor will be issued by City. Products Payment spreadsheet with signature page Task 3 Field Observations/ Inspections Scope Activities performed by field engineer /technician Pre construction conditions: Document pre construction conditions, including pre construction construction site condition surveys, photographs, and record any visible property comers. Observation: Observe the technical conduct of the contractors work for quality and compliance with design documents, approved submittals and/or applicable technical standards. Prepare a daily inspection report and take progress photographs. Interpretations: Provide day to day interpretation of contract requirements and respond to contractors questions including resolution of minor issues. Testing: Perform or cause to be performed sampling and testing of materials to be incorporated into the project. Witness leak testing performed by contractor and purity testing r f I at Ci 7 laboratory. tort' All 11 test lance veril purit les in performed al City contracted l0.Uora o y C'lll esl acceptance by City utility personnel. Measurements: Perform or cause to be performed field measurements to determine excavation quantities, trench backfill and placement limits, etc. as well as surveys or other measurements to verify pay requests and conformance with project requirements. Field Changes: Facilitate minor field changes to circumvent change orders due to obstructions or other unanticipated conditions. Coordinate with design engineer for any changes that may impact project cost or time. (See Task 4). Communications: Maintain primary day to day communications with the contractor and keep the construction manager informed of activities. Receive comment from neighboring property owners /tenants and the general public and provide responses for questions and concerns. Check for contractor compliance with requirements for traffic control and notice requirements with city and WSDOT when disconnecting loops. Participate in bi- weekly project meetings Note: Assumes a 90 calendar day construction contract duration. For budgeting purposes the Anchor inspector is only expected to be on site for only about 40 working days and averaging a 9 hour day. Additional inspection needs will be performed by the City of Tukwila. Products Tnspection Daily Reports Field Sketches and Measurements Progress photos Task 4 Construction EngineeringlChange Orders Scope Respond to questions related to site engineering. Evaluate contractor proposed revisions or substitutions. Change Orders: In coordination with the city design engineer, prepare calculations, drawings, cost estimates and justification for change orders for approval by City. This includes coordination with designer for input regarding technical acceptance of design changes. Negotiate change orders with the contractor and incorporate fully endorsed change order documents into the project. For this fee estimate we have assumed up to four minor change orders 8 hours per C.O. for 32 hours. Task 5 Site Visits/Meetings Scope Up to two site visits by construction manager to review conditions in combination with attending a bi- weekly coordination meeting with the contractor or separately to review change order conditions. Exclusions Anchor shall assume no responsibility for proper construction techniques and jobsite safety. The presence of Anchor personnel at the construction site is for the purpose of providing the City a greater degree of confidence that the work will generally conform to the contract documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor. Anchor will endeavor to protect all parties against defects and deficiencies in the work of the contractor(s) but cannot guarantee the contractors performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor or any subcontractors. Estimated Fee A detailed breakdown of labor and a fee estimates by task is provided in the accompanying budget spreadsheet. Note that labor hour breakdowns by subtask are included in the spreadsheet. However, we have only used the subtask designation to explain the basis for our budget estimates, and have anticipated that we would track and bill costs at the Task level, not at the subtask level. We trust that this proposed scope and cost estimate is sufficient for your needs. If you have any question regarding this scope, please do not hesitate to contact Ed Berschinski. Exhibit B -6 Summary of Costs City of Tukwila City Supplement Six Interurban Ave. Water Main Replacement Staff Type Rate Hours Total Office Senior Project Manager $63.10 59 3,723 Project Assistant $20.48 20 410 Total Hours 79 Total Labor (DSC) 4,133 Office OH 171.86% x DSC 7,102 Subtotal Office Labor $11,234 Fee 15% of Office Labor subtotal 1.685 Total Office Labor $12,919 Field Senior Inspector $38.71 360 $13,936 Field OH 140.0% $19,510 Subtotal Field Labor $33,446 Fee @15% of Field Labor subtotal 5.017 Total Field Labor $38,463 Total Labor 51,382 Total Expenses 2,596 Total Project 53,978 J�W t vgsy �`•1�� 0'� I. City o f Tukwila Utilities Committee 1908 UTILITIES COMMITTEE Meeting Minutes October 20, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Verna Griffin, Chair; Joan Hernandez, and Kathy Hougardy Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Ryan Larson, Pat Brodin, Mike Mathia, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:04 p.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Interurban Avenue South Waterline Construction Management Supplemental Agreement Council has approved a bid award for replacement of the Interurban Avenue South Water Line. This project will replace an aging cast iron water line which has been consistently problematic (see Utilities Minutes dated August 18, 2008). The waterline runs along Interurban Avenue South from 42n Avenue South to 48 Avenue South. Staff is now seeking full Council approval for Supplemental Agreement No. 6 (to Consultant Agreement No. 06 -049) with Anchor Environmental, LLC of Seattle in the amount of $53,978 for construction management and site inspection services related to this project. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. B. GIS Inventory Area 5 Consultant Agreement Staff is seeking full Council approval to enter into a consultant agreement with Perteet Engineering, Inc. in the amount of $150,000 for the mapping of all storm drainage and survey monuments within the public right -of -ways for Area 5 of the Geographical Information Systems (GIS) Inventory. As part of the implementation requirements of the National Pollution Discharge Elimination System (NPDES), the City is conducting a multi phased GIS inventory of city owned as -built drawings for public drainage systems (catch basins and manholes). NPDES requires that all 24 -inch and larger outfalls must be Located and identified by 2011. This inventory will also allow for better tracking of storm facility maintenance needs. Perteet Engineering, Inc. has conducted all four previous phases of this inventory. The budgeted amount is greater than the project cost estimate due to carryover from 2007 for Area 4 completion and the Master Drainage Plan. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. C. 2008 3rd Ouarter Report The Committee reviewed the status of program goals as outlined in the 2008 3 Quarter Report. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:46 p.m. Next meeting: Monday, November 3, 2008 5:00 p.m. Conference Room No. 1. I �1 Committee Chair Approval Mines by KAM. Reviewed by GL. COUNCIL AGENDA SYNOPSIS ITEM No. 1 G1 1 tbleeting Date 1 Prepared by 1 Mayor'J review I _Council review 1 us"-, i '.f 10/27/08 1 RL 4 },At- r/ 11/3/08 1 RL 1 rsoa I 1 1 1 1 ITEM INFORMATION CAS NUMBER: 08-131 I ORIGLNAL AGENDA DALE: OCTOBER 27, 2008 AGENDA ITEM TIME GIS -Based Public Works Infrastructure Inventory Area 5 Consultant's Agreement with Perteet Engineering, Inc. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other tVltg Date 10/27/08 Mtg Date 11/3/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Major Adr�t Svcs DCD Finance Fire Legal P &R Police PIS SPONSOR'S This contract is for the GIS inventory and mapping of the fifth phase of the storm drainage SUM•LIIARY infrastructure for the City. This fifth area will encompass portions of the City on the east side of I -5. As Perteet Engineering completed the first four areas with satisfactory results, it is recommended that they integrate the fifth area. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/20/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the agreement with Perteet Engineering. COM 1IT1EE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $150,000.00 $267,000.00 Fund Source: 412.02 Surface Water (page 136, 2008 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/27/08 11/03/08 MTG. DATE ATTACHMENTS 10/27/08 Information Memo dated October 16, 2008 2008 CIP page 136 Map of Areas Consultant Agreement with Scope of Work 1 Utilities Committee Meeting Minutes from October 20, 2008 11/03/08 1 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: October 16, 2008 Subject: GIS Inventory Area 5 Consultant Agreement and Scope of Work Project No. 02 -DRO1 ISSUE Approve consultant agreement with Perteet Engineering, Inc., to conduct the fifth phase of the GIS -Based Public Works Infrastructure Inventory. BACKGROUND The City is performing a multi phased inventory that will map all City -owned storm facilities and survey monuments throughout the City. To date, the City completed the Northern Quadrant and Areas 2, 3, 4. The subject project is the fifth phase of this effort and will map the following areas: 1. Between the eastern City limits and West Valley Highway from, and including, South 180 St to Strander Blvd. 2. East of Interurban Ave S to the Green/Duwamish River, between the 42th Ave S Bridge and I- 405. 3. Between I -5 and Interurban Ave S to S 144 St. ANALYSIS Perteet Engineering, Inc. was selected to perform the first four phases of this project. Their work was satisfactory and met all of the project requirements. They are extremely familiar with the City's GIS system and will easily integrate all new data into the results of the previous four phases; therefore, it is recommended that they complete the next phase of this project. A scope of work was developed with Perteet Engineering, Inc. based on the characteristics of Area 5 and what was developed and learned during the previous phases. This scope includes mapping all statni drainage and survey monuments within the public right -of -ways in the survey area. BUDGET SUMMARY This surface water project will be funded through the 412 Fund (Page 136 of the 2008 CIP). The budget amount includes other NPDES related activities. Cost Budeet Perteet Engineering, Inc. Area 5 150,000 267,000 RECOIVIMENDATION Approve the consultant agreement with Perteet Engineering, Inc. for professional services to conduct the GIS Inventory for Area 5. Attachments: CIP Sheet Area Map Consultant Agreement RL:sb cc: File 02- DR01.3 P:\PROJECTS\A- DR Projects \02 -DROI_ (GIS Area 5)\Info Memo Area 5.doc CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 PROJECT: GIS Inventory (NPDES Program) LINE ITEM: 412.02.594.38 .22 PROJECT NO. 93 -DR10 02 -DRO1 Provide programmatic implementation requirements of NPDES. The GIS inventory will establish citywide DESCRIPTION: as -built drawings for public drainage systems. The Master Drainage Program will develop a NPDES reporting and action plan for City compliance. State NPDES requirements include an annual report, public education and outreach, illicit discharge detection and JUSTIFICATION: illumination, approved technical standards, staff training, inspections of public and private systems, and drainage system maps. GIS (Geographic Information Systems) mapping; Area #1 completed in 2003, Area #2 in 2005, and Area #3 in STATUS: 2006. Area #4 will be surveyed with sewer and water infrastructure in 2007 with completion in 2008. Master Drainage Plan began in 2007 using $75k Department of Ecology grant. Area #5 scheduled for 2008. MAINT. IMPACT: Additional cleaning and documentation will require added staff resources. GIS information will allow maintenance to better track storm facility maintenance needs. COMMENT: National Pollution Discharge Elimination System (NPDES). GIS is expected to be completed in 2013. Additional NPDES requirements will be ongoing. FINANCIAL Through Estimated (in $000's) 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL EXPENSES Design 647 121 267 150 150 150 150 150 1,785 Land(R/W) 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 647 121 267 150 150 150 150 150 0 1,785 FUND SOURCES Awarded Grant 0 Proposed Grant 75 75 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 647 121 192 150 150 150 150 150 0 1,710 TOTAL SOURCES 647 121 267 150 150 150 150 150 0 1,785 Project Location: Entire System #5 d irr #4 k a T 1 p 1 7 1 Etig 136 4 City ofTukwula GIS Inventory Phas Map A t E 5 k `-7 ,:_if:,..§.7_ fil---._-__==■,3,41_, r, s, T--,74 Area 1 m 9g. S t 3 0. e w ti-ii 4 1_ igi 4 u Surveyed e Crty S y 4 ter_ Y PA• Aim Areal E s rw-st— m c S 1 E S t 5... n II 15 Z. A rea 5 S,gS1 a a 47 S 50 St S,56 St OFn. Zi ''t T�$ v 5160 St- w a Pky W F r A i44 1-4014 ii i 8 Sf.a nder a °I elv�il 0 D Map Legend ®B 7 a� Area 1 Area 3 0. at q--:- 0. T� la Area 2 1 I 8 o r Area3 tea 6ti= 0) pland I I Area 5 �dm� a" C ity Surv m d or e S, s,ao 1 Area 4 Area 4 T. ��ti GIS i ,,m TUI6MkI 1 CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Perteet, Inc. hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering services in connection with the ro�ect designated d Area V GIS Infrastructure p J Inventory. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 365 calendar days from notice to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit `B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $150,000 without written authorization. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a Consultant Agreement for Professional Services Page 1 of 9 Phase V GIS Infrastructure Inventory C:liemp�XPgrpxiselContract 081015.doc period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials, by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold hauuless 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 Consultant, 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 Consultant 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 haimless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. 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 Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as Consultant Agreement for Professional Services Page 2 of 9 Phase V GIS Infrastructure Inventory C:VemplXPgp ise!Contract 081015.doc required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work perfoimed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the consultant, or any of its supervisory personnel assigned to the project, the surviving members of the consultant hereby agree to complete the work under the terms of the Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations Consultant Agreement for Professional Services Page 3 of 9 Phase V GIS Infrastructure Inventory C: 4empIXPgrpriseIConvact 081015.doc of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Perteet, Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 17. Integrated Agreement. This agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2008 CITY OF TUKWILA CONSULTANT By: Jim Haggerton, Mayor Crystal L. Donner Vice President Attest/Authenticated: Approved as to Foiui: Christy O'Flaherty, City Clerk Office of the City Attorney Consultant Agreement for Professional Services Page 4 of 9 Phase V GIS Infrastructure Inventory Caempl,PgrpniselCantract 081015.doc Exhibit "A" Scone of Services City of Tukwila GIS Public Works Infrastructure Inventory Phase V (Between I -5, SR -405 and Interurban Ave.) INTRODUCTION The overall objective of Scope of Services is to provide an inventory and mapping of the City of Tukwila's Public Works infrastructure. The inventory and mapping for the infrastructure will be performed within public rights -of -way and easements within the three areas as defined below: 1. Between the Eastern City Limits and West Valley Highway from and including South 180 St. to Strander Blvd. 2. East of Interurban Ave. So. to the Green River between the Allentown Bridge and I -405. 3. Between the east margin of I -5 and Interurban Ave. So, to the south margin of So. 144 St The Inventory Program developed for the previous phases will be the foundation for the Phase V GIS project. This phase of the inventory will locate, storm drainage structures and facilities and the center point of street monument cases. We will also provide measure down to apparent inverts and attempt to determine the size and material of the connecting stoiiii pipes. Perteet Inc. field crews will make all measurements and observations from the ground surface. Perteet field personnel are not equipped for, nor peimitted to attempt, a confined space entry. The work under this agreement will be accomplished under the following elements of work: SCOPE OF SERVICES 1.0 Management Coordination /Administration 1.1. Provide continuous project management administration (billing invoices, monthly progress reports) throughout the project's field data acquisition and GIS development. 1.2. Develop project schedule. Schedule to be updated by the Consultant at the City's direction as needed. 1.3. Attend coordination meetings with City staff and prepare meeting minutes. It is assumed that a total of 6 meetings will be required and additional meetings, at the City's direction, will be considered additional work. 1.4. Prepare independent QA/QC reviews at the 75% and final project review. Consultant Agreement for Professional Services Page 5 of 9 Phase V GIS Infrastructure Inventory C:!templXPgrp siseiConbact 081015.dac 1.5. Coordination of Sub consultants. 2.0 Project Planning 2.1. The Consultant analyst will schedule and lead the Project Kickoff and planning meeting prior to the start of field data collection. This session will focus on the final identification of features and feature attributes to be collected by field survey crews. In addition, planning for future uses of the utility and street inventory will be discussed. 2.2. Acquire both hard copy and electronic mapping that is readily available from King County, WSDOT, or other sources that show the infrastructure features that will be inventoried within their geographical areas. 3.0 Field Data Acquisition 3.1. Assumptions: 3.1.1. Elevations will be referenced to NAVD "88" datum. 3.1.2. We estimate that two- thirds of inventory data will be acquired by GPS, the remainder will be by traditional optical equipment based upon GPS control points. 3.1.3. "Confined Space" entry will not be required by the consultant to complete the project. 3.1.4. Only visible or easily recovered features will be surveyed. 3.1.5. City of Tukwila will ensure access to all private properties required for the survey. 3.2. Stoini System Survey: 3.2.1. The following visible Storni Sewer system appurtenances will be located by GPS or optical survey: manhole and catch basins, including invert elevations, pipe sizes, material and direction of flow, culvert outfalls and drainage swales. 3.3. Monument Survey: 3.3.1. Perform Global Position System (GPS) Real -time Kinematic (RTK) survey locating the center of case of visible monuments adjacent to stormwater inventory locations. No exhaustive investigation, reconnaissance or research will be performed to recover all of the street monuments. Consultant Agreement for Professional Services Page 6 of 9 Phase V GIS Infrastructure Inventory C: ttemp',XPgrpxiselContract 081015.doc 4.0 GIS Data Development 4.1. Support Field Data Acquisition 4.1.1. Prepare supporting field map documents as necessary to successfully complete inventory. 4.1.2. Ensure data transfers are complete and conform to data template design as prescribed in previous project phases. 4.2. Data Development and Drainage Network Construction 4.2.1. Stoiniwater sewer systems will be developed into comprehensive networks. 4.2.2. TetraTech assumes approximately 600 catch basins and 250 culverts, plus connecting ditches and swales for conversion to GIS. 4.2.3. TetraTech will ensure the digital conversion of streams and integrate them into the stormwater network within the final geodatabase product. 4.2.4. To digitally represent the meander bends of both streams and large ditches, TetraTech will rely primarily on flow points collected by Perteet field staff at the major turns in these features. TetraTech will "smooth" the bends in the stream and ditch centerlines using supporting vectors in the City's existing hydro layer and/or aerial photographs. 4.2.5. QA/QC procedures developed and implemented in Phases I through IV to detect flow anomalies, missing features, and other potential errors will be used in Phase V. This includes the use of ArcReader and the creation of PMF files within problem areas for visual inspection by Perteet field staff. These errors will be fixed in GIS where possible or will be returned to the survey team for further research. 4.2.6. Data will be provided to City staff on a regular basis to allow for a final tier of QA/QC. Data will be made available for download off a secure web -site or provided to the City in an alternate fashion. We expect to use the City's ArcReader system developed in Phases I through IV to accomplish this tier of quality assurance. 4.3. Geodatabase Enhancements 4.3.1. The Drainage Network will be integrated into the Personal Geodatabase created in Phase 1. The Geodatabase fouuat created in Phases I through IV will be kept as is. Data resulting from the field inventory and network construction in Task 4.2. will be added to the existing Geodatabase (currently encapsulating all work performed in Phase 1). Consultant Agreement for Professional Services Page 7 of 9 Phase V GIS Infrastructure Inventory C: ttemp'!XPgrpaise:Contrac! 081015.doc 4.4. Map Production 4.4.1. Hard copy maps of the completed inventory will be developed in ArcMap. This will include a basemap image of the project study area using GIS data provided by the City. The map will depict the drainage network with as many physical attributes that can be displayed without blurring the map image, and will be similar in quality to the hard copy submittals for Phase 1. The map will be compiled in a poster -size (E). One (1) draft and one (1) final submission of each hardcopy map will be provided to both the Client and Perteet. Duplicate copies will be provided at an additional cost. 4.5. Documentation and Delivery 4.5.1. FGDC Compliant metadata will be developed for all feature classes within the Stoimwater feature dataset. The metadata will outline the creation process as well as the spatial and feature attribute definitions. The foilu will be seamlessly linked to the layers in ArcGIS using the metadata kit provided with the software. 4.5.2. A recommended data management strategy will be written and provided to the City. This will offer suggestions on future expansion of the database. 4.5.3. The geodatabase, including all GIS data layers created by TetraTech, and ArcGIS project file, and digital metafiles of the map graphics, will be placed on CD -ROM. A single copy of the CD will be sent to both the City and Perteet as a final product. Deliverables Infrastructure Geodatabase including all GIS data layers created by TetraTech from Phasel through III, an ArcGIS project file, and digital metafiles of the map graphics. One set of hardcopy maps in Poster format. A "PMF" version of each hardcopy map for general use by City Staff that use the free ArcReader software OR an ArcView project file. Consultant Agreement for Professional Services Page 8 of 9 Phase V GIS Infrastructure Inventory C:ItemplXPgrpniseiCantract 081015.doc Exhibit "B" Hourly rates and expenses to a maximum of $150,000. Consultant Agreement for Professional Services Page 9 of 9 Phase V GIS Infrastructure Inventory C:VemplXPgrpxiseiCantract 081015.dac to J �;^:wgsti City of Tukwila %0, a 0 Utilities Committee 1908 UTILITIES COMMITTEE Meeting Minutes October 20, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Verna Griffin, Chair; Joan Hernandez, and Kathy Hougardy Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Ryan Larson, Pat Brodin, Mike Mathia, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:04 p.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Interurban Avenue South Waterline Construction Management Supplemental Agreement Council has approved a bid award for replacement of the Interurban Avenue South Water Line. This project will replace an aging cast iron water line which has been consistently problematic (see Utilities Minutes dated August 18, 2008). The waterline runs along Interurban Avenue South from 42n Avenue South to 48 Avenue South. Staff is now seeking full Council approval for Supplemental Agreement No. 6 (to Consultant Agreement No. 06 -049) with Anchor Environmental, LLC of Seattle in the amount of $53,978 for construction management and site inspection services related to this project. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. B. GIS Inventory Area 5 Consultant Agreement Staff is seeking full Council approval to enter into a consultant agreement with Perteet Engineering, Inc. in the amount of $150,000 for the mapping of all storm drainage and survey monuments within the public right -of -ways for Area 5 of the Geographical Information Systems (GIS) Inventory. As part of the implementation requirements of the National Pollution Discharge Elimination System (NPDES), the City is conducting a multi phased GIS inventory of city owned as -built drawings for public drainage systems (catch basins and manholes). NPDES requires that all 24 -inch and larger outfalls must be located and identified by 2011. This inventory will also allow for better tracking of storm facility maintenance needs. Perteet Engineering, Inc. has conducted all four previous phases of this inventory. The budgeted amount is greater than the project cost estimate due to carryover from 2007 for Area 4 completion and the Master Drainage Plan. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. C. 2008 3 Ouarter Report The Committee reviewed the status of program goals as outlined in the 2008 3 Quarter Report. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:46 p.m. Next meeting: Monday, November 3, 2008 5:00 p.m. Conference Room No. 1. Committee Chair Approval Min..,es by KAM. Reviewed by GL. '.T11L COUNCIL AGENDA SYNOPSIS J Irtitialr ITEM No. Q J Meeting Date 1 Prepared by 1 Mayor's review 1 Incil review 1 10/27/08 1 SO 1 AAa-° 1 *h 1 11/03/08 SO 1 1 e I I D. ITEM INFORMATION 1 CAS NUMBER: 08-132 IORIGINALAGENDA DATE: OCTOBER 27, 2008 AGI•;ND.\ ITm•.MI TULE. Contract for Legal Services with Kenyon Disend PLLC CAT' (.;()RN- Discussion Motion Resolution Ordinance Bid Award Public Hearng Other 11ltg Date 10/27/08 Altg Date 11/3/08 tlitg Date ilitg Date illtg Date d•Itg Date Aftg Date SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal U P &R Police PIP' SPONSOR'S The only change from last year is the date, which has been changed from 2008 to 2010; a SUMMARY 4% annual inflator in the flat fee, and an increase in hourly rates for attorney and support staff at the firm. RI:1'II ?vim RV COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. n Planning Comm. DATE: 10/21/08 RECOMMENDATIONS: SPONSOR /ADMIN. Review and approval COMMITTEE Unanimous Approval; Forward to the Committee of the Whole COST IMPACT FUND SOURCE ELPI•;NDI"1.•URIF, REQUIRED AMOUNT B UDGETED APPROPRIATION REQUIRED $38,256 /month expenses Fund Source: 000.06.515.200 Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 10/27/08 1 MTG. DATE ATTACHMENTS 10/27/08 Informational memorandum dated 10/16/08 Contract with Kenyon Disend Minutes from the Finance Safety Committee meeting of 10/21/08 1 �v i gs As 1 fail< 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor 1908 d 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. /so attachments Phone: 206 433 -1800 0 City Hall Fax: 206 433 -1833 e www.ci.tukwila.wa.us 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. 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. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 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 -1 W:1Mayoi's office Contracts12009 -I0 Kenyon Disend FINAL.dodI7IO22/08 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. -2— W Office Contracts\2009 -10 Kenyon Disend FINAL.doc/Ul0/22/08 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. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 2008. CITY OF TUKWILA CONTRACTOR: KENYON DISEND, PLLC By: Mayor Jim Haggerton Title: ATTEST /AUTHENTICA 1'ED: ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392 -7090 Christy O'Flaherty, City Clerk -3 W:\Mayoi's Office Contracts V009-10 Kenyon Disend FINAL.docdT /10122103 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 foal' 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. -4 W :\Mayots Office Contracts V009-10 Kenyon Disend FENNAL.doc/T /1022108 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 FIE. 6. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. -5— W: \Mayor's Office Contracts \2009 -10 Kenyon Disend FTi lAL.docfT /10/22108 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT 1. For 2009, 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 $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 copy 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. -6 W:\Mayots Office Contracts\2009 -10 Kenyon Disend FINAL.docfr /10/22108 KENYON DISEND, PLLC HOURLY RATE SCHEDULE FOR YEAR 2009 ATTORNEYS: Partners and Senior Attorney s: Michael R. Kenyon $245.00 Bruce L. Disend $245.00 Shelley M. Kerslake $215.00 Chris D. Bacha $215.00 Bob Sterbank $215.00 Sandra S. Meadowcroft $210.00 Margaret J. King $210.00 Kari Sand $200.00 Associate Attorney s: Amy Jo Pearsall $175.00 Renee Walls $160.00 PARALEGALS: Margaret C. Starkey $100.00 Sheryl A. Loewen 90.00 Pam M. Odegard 85.00 Shelly Crossland 85.00 Mary Eichelberger 85.00 Terry Cox 85.00 Kim Obermayer 85.00 Kathy Swoyer 85.00 LEGAL INTERNS: $100.00 -7 W:\Mayors Office Contracts\2009 -10 Kenyon Disend FLNAL.doca/1022/08 I r �r 10 .z City of Tukwila ,p r y.; 2 Finance Safety Committee 1908 FINANCE AND SAFETY COMMITTEE Meeting Minutes October 21, 2008 5:00 p.m. PRESENT Councilmembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Nick Olivas, Dave Haynes, Rhonda Berry and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract Renewal for 2009 Kenvon Disend. PLLC Staff explained that this contract is practically the same as years past with the exception of increases in hourly rates for attorneys and support staff. Due to the City's implementation of a biennial budget, this will be a two -year contract. The contract terms have not changed with the exception of the ev i c contract duration and a calculated 4% annual inflator in the flat monthly fee as discussed in Exhibit B of the Committee agenda packet. The inflator will be reassessed at the end of 2009 to determine p 9 o etermine the appropriateness of the increase. The contract copy that goes to full Council will include some minor changes in names and positions, not effecting the overall contract specifications. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. B. Contract Renewal for 2009 M.J. Durkan for Lobbvine Services This is a renewal contract for professional services with M. J. Durkan, Inc. for local lobbying service. This will be a -one -year contract with teiius, scope of services and fees remaining the same as last year. The Committee requested Mr. Durkan attend a Council meeting after the November election to share information regarding impacts of the election and the outlook for the upcoming legislative session. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. C. Renewal of Contract with Ball Janik for 2009 Lobbvina Services This is a renewal contract for professional services with Bali Janik, LLP for the representation of the City of Tukwila in Washington, DC and on federal issues. The contract, scope of work and specific services information remains the same as last year. Additionally, the scope of work with Ball Janik is flexible in that the firm is willing to work with the City to modify services as needs are addressed. The contract copy that goes to full Council will include a numerical correction in the compensation specification, not effecting the overall contract specifications. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. D. Identification of Evaluation Criteria for Animal Control Alternatives Committee Chair Robertson briefed the Committee on a meeting that he had on October 15 with Mayor Haggerton, Council President Duffle, Rhonda Berry and Kimberly Matej regarding animal control. 0 COUNCIL AGENDA SYNOPSIS s Initials ITEM No. o:' A. r ':Z F 1 I G7 Alzztin� Date I Prepared by I Mayor's revrev Council review a'Pf p 10/27/08 I SO 1 I 0 11/03/08 I SO I U I r 1 1 1 I 1 I ITEM INFORMATION CAS NUMBER: 08-133 I ORIGINAL, AGENDA DATE: OCTOBER 27, 2008 AGENDA ITI'\I TITLE Contract for lobbying services for 2009 with M.J. Durkan C.\ rlGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 10/27/08 lltg Date 11/3/08 litg Date Mtg Date Mtg Date lltg Date lktg Date 1SP ON SC )R CounclI Mayor 1 1 _Adra Svcs DCD Finance E Fire Legal P &R Po/ice PLY/ SPONSOR'S The only change from last year is the duration, which has changed to January 1, 2009 to SUMMARY December 31, 2009. RI N I ,WI UD BY n COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte 1 1 Utilities Cmte Arts Comm. 1 1 Parks Comm. Planning Comm. DA'Z'E: 10/21/08 RECOMMENDATIONS: SPONSOR /ADMIN. Review and approval COMMITT1E; Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI?NDVFURI QUIR1;D AMOUNT BUDGETED APPROPRIATION REQUIRED $4,000 /month expenses Fund Source: 000.20 Conunnents: MTG. DATE RECORD OF COUNCIL ACTION 10/27/08 MTG. DATE ATTACHMENTS 10/27/08 Informational memorandum dated 10/16/08 Contract with M. 7. Durkan Minutes from the Finance Safety Committee meeting of 10/21/08 of City of Tukwila li f 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor 1 908 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 Agreement). 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 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, 2009 and ending December 31, 2009 unless sooner terminated under the provisions hereinafter specified. Contract for Services MJ Durkan January 2009 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 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 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. 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. 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. 1 Contract for Services MJ Durkan January 2009 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: TITLE Mayor, Jim Haggerton ATTEST /AUTHENTICATED: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: 1 Contract for Services MJ Durkan January 2009 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. Contract for Services MJ Durkan January 2009 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. Wq� 0, City of Tukwila :0i €-i ll Finance Safety Committee 1908 FINANCE AND SAFETY COMMITTEE Meeting Minutes October 21, 2008 5:00 p.m. PRESENT Councilmembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Nick Olivas, Dave Haynes, Rhonda Berry and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. 11. BUSINESS AGENDA A. Contract Renewal for 2009 Kenyon Disend. PLLC Staff explained that this contract is practically the same as years past with the exception of increases in hourly rates for attorneys and support staff. Due to the City's implementation of a biennial budget, this will be a two -year contract. The contract terms have not changed with the exception of the contract duration and a calculated 4% annual inflator in the flat monthly fee as discussed in Exhibit B of the Committee agenda packet. The inflator will be reassessed at the end of 2009 to determine the appropriateness of the increase. The contract copy that goes to full Council will include some minor changes in names and positions, not effecting the overall contract specifications. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. B. Contract Renewal for 2009 M.J. Durkan for Lobbvina Services This is a renewal contract for professional services with M. J. Durkan, Inc. for local lobbying service. This will be a one -year contract with terms, scope of services and fees remaining the same as last year. The Committee requested Mr. Durkan attend a Council meeting after the November election to share information regarding impacts of the election and the outlook for the upcoming legislative session. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. C. Renewal of Contract with Ball Janik for 2009 Lobbvina Services This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City of Tukwila in Washington, DC and on federal issues. The contract, scope of work and specific services information remains the same as last year. Additionally, the scope of work with Ball Janik is flexible in that the firm is willing to work with the City to modify services as needs are addressed. The contract copy that goes to full Council will include a numerical correction in the compensation specification, not effecting the overall contract specifications. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. D. Identification of Evaluation Criteria for Animal Control Alternatives Committee Chair Robertson briefed the Committee on a meeting that he had on October 15 with Mayor Haggerton, Council President Duffle, Rhonda Berry and Kimberly Matej regarding animal control. ,tI_ CO UNCIL AGENDA SYNOPSIS \-5.%% Initials ITE11I NO. I Q1 +I Meeting Date Prepared by t1Iayor s review cil review %y %T o 1 10/ 27/ 08 1 SO I Jt.A2 l J ?s 1 11/03/08 I SO I 1 0 1 1 I 1 790 I 1--, 1 I I ITEM INFORMATION ! CAS NuMBER: 08-134 I ORIGINAL AGENDA DATE: OCTOBER 27, 2008 AG IND. ITEMI TIT] .k Contract for lobbying services for 2009 with Ball Janik C.vil Discussion Motion Resolution Ordinance Bid Award 1 1 Public Hearing Other lilts Date 10/27/08 Mtg Date 11/3/08 Mtg Date I1ltg Date Altg Date lItg Date A Itg Date I Sp( )NsoR Council Mayor Adm Svcs DCD Finance Fire Legal Pd:R Police P1V SPONSOR'S The only change from last year is the date has been changed from 2008 to 2009. Su ;\1MARY RI WI?1) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte 1 Utilities Cmte Arts Comm. Parks Comm. Planning Comm. D IE: 10/21/08 RECOMMENDATIONS: SPONSOR /ADMIN. Review and approval COMMMEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI.,NDITURI, RI(?UIRI, AMOUNT BUDGETED APPROPRIATION REQUIRED $9,568 /month expenses Fund Source: 000.20 Comments: MTG. DATE I RECORD OF COUNCIL ACTION 10/27/08 1 MTG. DATE I ATTACHMENTS 10/27/08 1 Informational memorandum dated 10/16/08 Contract with Ball Janik Minutes from the Finance Safety Committee meeting of 10/21/08 I I I i CityofTukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 t t` !y►. gt Jim Haggerton, Mayor 1908 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 perforrn such services pursuant to certain tern's 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 Perfouued 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. 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. The total amount to be paid shall not exceed nine thousand five hundred sixty -eight 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 Buduet. 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, 2009 unless sooner terminated under the provisions hereinafter specified. Indenendent 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 Contract for Services 2009 Bali Janik, L.L.P. Page 2 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 hainiless 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 Keenine and Renortina. The Contractor shall maintain accounts and records, including personnel, property, fmancial 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 Insnections. 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. Contract for Services 2009 Ball Janik, L.L.P. Page 3 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. Assi nment 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: Contract for Services 2009 Ball Janik, L.L.P. Page 4 BY: Jim Haggerton, Mayor ATTEST /AUTHENTICATED Christy O'Flaherty, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: 1 Contract for Services 2009 Ball Janik, L.L.P. Page 5 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 fmal 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. Contract for Services 2009 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 Tukwila'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 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. Contract for Services 2009 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. 1 �J`��r /4q -ti :o 2 City of Tukwila N .yam s Fi nance Safet Committee i y FINANCE AND SAFETY COMMITTEE Meeting Minutes October 21, 2008 5:OOp.m. PRESENT Councilmembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Nick Olivas, Dave Haynes, Rhonda Berry and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract Renewal for 2009 Kenvon Disend. PLLC Staff explained that this contract is practically the same as years past with the exception of increases in hourly rates for attorneys and support staff. Due to the City's implementation of a biennial budget, this will be a two -year contract. The contract teuus have not changed with the exception of the contract duration and a calculated 4% annual inflator in the flat monthly fee as discussed in Exhibit B of the Committee agenda packet. The inflator will be reassessed at the end of 2009 to determine the appropriateness ro riateness of the increase. The contract copy that goes to full Council will include some minor changes in names and positions, not effecting the overall contract specifications. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. B. Contract Renewal for 2009 M.J. Durkan for Lobbvina Services This is a renewal contract for professional services with M. J. Durkan, Inc. for local lobbying service. This will be a one -year contract with terms, scope of services and fees remaining the same as last year. The Committee requested Mr. Durkan attend a Council meeting after the November election to share information regarding impacts of the election and the outlook for the upcoming legislative session. UNANEVIOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. C. Renewal of Contract with Ball Janik for 2009 Lobbvina Services This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City of Tukwila in Washington, DC and on federal issues. The contract, scope of work and specific services X" information remains the same as last year. Additionally, the scope of work with Ball Janik is flexible in that the firm is willing to work with the City to modify services as needs are addressed. The contract copy that goes to full Council will include a numerical correction in the compensation specification, not effecting the overall contract specifications. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 27 COW FOR DISCUSSION. D. Identification of Evaluation Criteria for Animal Control Alternatives Committee Chair Robertson briefed the Committee on a meeting that he had on October 15 with Mayor Haggerton, Council President Duffle, Rhonda Berry and Kimberly Matej regarding animal control. COUNCIL AGENDA SYNOPSIS w .1' Initials T I JM No. d b�, Mayors review Council review I 0 1� El I 3leetu,� Date Prepared by I 1 u 1 10/27/08 I KAM 1 Ate-- 1 J r a h► e 11/03/08 1 KAM I II U c. j I I I 1 :5 ITEM INFORMATION O cAS NUMBER: 08-135 5 RIGIN L AGENDA DATE: OCTOBER 27 2008 AGENDA ITNNi TITLE An Ordinance amending Ordinance 2024 as codified at Tukwila Municipal Code (TMC) Section 2.04.070 Council President Mayor Pro Tempore CA1'I?G RY Discussion Iviotion Resolution Ordinance n Bid Award n Public Hearing Other Altg Date 10/27/08 Altg Date Mtg Date Altg Date 11/3/08 illtg Date dltg Date Altg Date SPONSOR )R Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S At the 10/20/08 Regular Meeting under New Business, the Council discussed the need to SUMa1ARY specify the rotation criteria for the Council President position. Currently, the TMC states the Council President should be elected in rotating order, but does not specify the criteria of that order. Establishing the criteria for rotating order will require an amendment to Ordinance 2024 as codified at Tukwila Municipal Code 2.04.070. RI mi WEI) F31' I I COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte LI Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: Brought forward at 10/20/08 Regular Mtg under New Business RECOMMENDATIONS: SP()NS()R /AD\IIN. Council President Comma TEE COST IMPACT FUND SOURCE ExPI..NDrruiti RI AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 10/20/08 Staff directed to prepare an ordinance for Council consideration MTG. DATE ATTACHMENTS 10/27/08 Ordinance in draft form DRAFT AN ORDINANCE OF THE CH Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2024 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.04.070, RELATED TO COUNCIL PRESIDENTS AND MAYOR PRO TEMPORE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EkkECTIVE DATE. WHEREAS, the City Council desires to amend Ordinance No. 2024 §1 (part), as codified at Tukwila Municipal Code Section 2.04.070, to declare that the general policy of the City Council is to elect presidents in rotating order, based upon seniority; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 2.04.070 "Council President -Mayor Pro Tempore," Amended. Ordinance No. 2024 §1 (part), as codified at Tukwila Municipal Code Section 2.04.070, is hereby amended to read as follows: 2.04.070 Council President —Mayor Pro Tempore. A. At the first Regular Meeting in January of each year, members of the City Council shall elect from their number a Council President who shall hold office at the pleasure of the Council. The general policy of the City Council is to elect presidents in a rotating order, based upon seniority. If a vacancy occurs in the office of Council President, the City Council, at their next Regular Meeting, shall select a new Council President to serve the remainder of the year. B. In the absence of the Mayor, the Council President shall become the Mayor Pro Tempore and perform the duties of the Mayor except that the Council President shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of the Mayor, the City Council at their next Regular Meeting shall elect from their number a Mayor who shall serve until a Mayor is elected and certified at the next municipal election. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any r reason by a court of competent jurisdiction, such invalidity or affect the validity or constitutionality of the remaining unconstitutionality shall not ty ty g p ortions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: III Shelley M. Kerslake, City Attorney Ordinance Number: C: \Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \Council Procedures.doc SK:ksn 10/22/2008 Page 1 of 1 Council Review Schedule for 2009 -10 Proposed Budget CIP* *Tentative schedule; may be amended depending on review process. Monday, October 20 REGULAR Meeting BUDGET CIP PAGES PAGES Community Development 81 -90 1 Police Department 1 91 -106 Fire Department 107 -124 Fire Equipment Reserve Fund 107 152 1 Parks Recreation 69 -77 1 Parks Maintenance 78 -80 1 Land Acquisition /Parks Dev. Fund 301 157 X 6 -27 X Golf Course Fund 411 172 -175 X XXI -XXII X 154 -155 X Review incomplete. Items moved to Monday. November 3 Regular Meeting. Monday, October 27 COMMITTEE OF THE WHOLE Meeting BUDGET CIP PAGES PAGES City Council 27 -29 Municipal Court 55 -58 Information Technology 51 -54 Finance Department 63 -65 Contingency Fund 105 151 Insurance Fund 502 I 185 Insurance LEOFF I Fund 503 186 Fireman's Pension Fund 187 Council Review Schedule 1 KAM /H:Budget/2009 -10 /Council Schedule As of 10/23/2008 3:55:33 PM Monday, November 3 REGULAR Meeting BUDGET CIP PAGES PAGES Land Acquisition /Parks Dev. Fund 301 I 157 6 -27 Golf Course Fund 411 172 -175 15 -4 -1155 55 15 Public Works 125 -143 Street Fund 103 147 1 -5 Arterial Street 104 Bridges 148 -150 28 -67 Water Fund 401 161 -165 76-1003 3 76 Sewer Fund 402 166 -169 104 -1VIII 104 -129 Surface Water 412 176 -180 1330 0 -1155 3 Debt Service Funds 207 -210 I 153 -156 Water /Sewer Revenue Bond Fund 404 170 Bond Reserve Fund 405 171 Equipment Rental Fund 501 181 -189 188 -189 Monday, November 10 COMMITTEE OF THE WHOLE Meeting BUDGET CIP PAGES PAGES Mayor's Office (and City Clerk) 31 -35, 47 -50 144 Legal 66 -68 Administrative Services 59 -62 Human Services 36 -37 Sister City Committee 38 -39 Planning Commission 40 Equity Diversity Commission 41 Arts Commission 42 -43 Parks Commission 44 Library Advisory Board 45 -46 Human Services Agencies 190 -191 Hotel /Motel Fund 101 145 -146 Facility Replacement Fund 302 158 70 -75 General Gov't Improvements Fund 303 159 68 -69 Monday, November 17 REGULAR Meeting Public Hearing Date To Be Determined Adoption of 2009 -10 Budget Ordinance and CIP Financial Planning Model Resolution Council Review Schedule 2 KAM /H:/Budget/2009 -10 /Council Schedule As of 10/23/2008 3:55:33 PM Tentative Agenda Schedule MONT H MEETING 1= _MEETING 2 MEETING 3 MEETING 4 REGULAR= C Q.W REGULAR C.O.W. October 6 13 20 27 See agenda packet cover sheet for this week's agenda (October 27, 2008 Committee of the Whole Meeting) November 3 10 17 24 11th Veterans Day Special Presentation Public Hearines: Public Hearings: (City offices closed) Introduction of Comprehensive Plan 2009 -2010 Budget/ Peggy McCarthy, amendments (Fire to CEP 27th Deputy Finance Capital Facilities Thanksgiving Day Director Element and level of Unfinished Business: (City offices closed) Update from service for parks) Plan am Comprehensive p amendment 28 Day after Community Schools Comprehensive Plan (map change and Thanksgiving Collaboration (to amendment (map zoning map change (City offices closed) include plans and change LDR -MDR) LDR -MDR) financial status); (quasi-judicial) Acquisition of open Deborah Salas, Sneclat Issues: space at 5800 South Executive Director Comprehensive Plan 152id Street Public Hearine: amendments (Fire to Tukwila Pond Park Sign Code Capital Facilities Development moratorium Element and level of contract with Robert Unfinished Business: service for parks) Droll Sign Code Comprehensive Plan ordinance amendment ma 'Cascade Agenda change LDR-MDR) Cities Program ap Contract with the g Cascade Land Acquisition of open Compre e adopting Conservancy space at 5800 South Comprehensive 152 Street Plan amendments Interurban Av S (Fire to Capital Waterline Tukwila Pond Park Facilities Element) Construction Development Management contract with Robert lementa An °rd h Supplemental establishing g levels PP l Droll of service standards Agreement GIS Inventory Area Cascade Agenda for parks and open 5 Consultant Cities Program space and Agreement An ordinance amending establishing levels of Ordinance #2207 Contract for City that adopted the Attorney services service standards for Parks, Recreation parks and open and Open Space Contract for space and amending lobbying services Ordinance #2207 that Plan M.J. Durkan, Inc. adopted the Parks, Contract for Recreation and Open lobbying services Space Plan Ball Janik, LLP Continued Review of Continued review the 2009 -2010 of 2009 -2010 Budget /CIP Budget /CIP December 1 8 15 22 25th Christmas Day (City offices closed) 29" fifth Monday of the month no Council meeting scheduled Upcoming Meetings Events OCTOBER NOVEMBER 2008 27th (Monday) 28th (Tuesday) 29th (Wednesday) 30th (Thursday) 31st (Friday) 1st (Saturday) Affairs Community OPEN HOUSE F ami l y F rig�tt Night Meet your Police Parks Cmte, Department's Crime 6:00 to 7:30 PM 5: 00 PM Prevention Resource Court Tukwila Community (CR 43) Team for a tour of Center their new office suite. FREE! City Council (Non-perishable food Committee of AOC items for the Tukwila the Whole _wr_POLICE Food Pantry will be Mtg., accepted at the door) 7:00 PM 11:00 AM —1:00 PM (Council Chambers) 6300 Southcenter n Blvd, Suite 4211 lJ yA Ll SUNDAY, Nov. 2 Transportation Game booths open to (at 2:00 AM) Cmte, kids in preschool up to grade 5. Daylight Saving 5:00 PM Time Ends (CR 41) Hot dogs and chips available for 82.00. Parents must accompany their children. I Planning Commission, 7:00 PM (Council Chambers) 3rd (Monday) 4th (Tuesday) 5th (Wednesday) 6th (Thursday) 7th (Friday) 8th (Saturday) Utilities Cmte, Chamber of Sister City Equity Diversity Council Coffee 5:00 PM Commerce Gov't. Cmte, Commission Chat (CR 41) Community 5:30 PM 5:15 PM 10:00 AM to Affairs Cmte., (CR 43) (CR 43) 12:00 NOON 12:00 NOON Civil Service at Starbucks (Chamber Office) Commission, X038 Interurban 5:00 PM�� Court Ave.) (CR 43) Arts Commission, 5:00 PM I (Communi City Council Center) Regular Mtg., 7:00 PM Finance Safety Stop by and (Council Cmte, informally talk Chambers) 5 :00 PM with a Tukwila (CR 43) City Council- member about anything on your mind regarding General Tukwila. Election Day (Council Coffee Chat held the second Saturday of each month) Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room 83. Contact Bev Willison at 206- 433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 63. Agenda items for 10/27/08 meeting: a) Cascade Agenda Cities program; 6) Tukwila Pond Park development contract with Robert Droll; c) Acquisition of open space at 5800 So. 152" St; d) An ordinance establishing levels -of- service standards for parks and open space. Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room r:3. Contact Kimberly Matej at 206 -433 -1839. >Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 83. Planning Commission: 4th Thurs., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 53. Contact Bev Willison at 206 -433 -1844. Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 81. Agenda items for 10/28/08 meeting: (A) Pavement maintenance management program draft 2008 report update; (B) Third quarter report. Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 81. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).