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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, October 7, 2019 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Domestic Violence Awareness Month - October 2019 4. SPECIAL PRESENTATION a) Airport Executive Accreditation - Harry Barrett, Jr. , Airport Manager 5. PUBLIC HEARING a) 2019 - 2020 CDBG 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of September 23, 2019. Council Concur b) AB - 2480 City Clerk recommends clarifying term appointments for Renton Regional Fire Authority Governing Board members by updating Renton Municipal Code (RMC) 2-21-4. Refer to Committee of the Whole c) AB - 2473 Administrative Services Department submits the 2019/2020 Budget Amendment Calendar, and requests public hearings be set on October 21, 2019 and November 4, 2019 to consider the proposed 2020 Property Tax Levy, 2019/2020 Mid- Biennium Budget adjustment, and proposed Fee Schedule changes; and requests adoption of all related budget legislation. Refer to Committee of the Whole d) AB - 2474 Community Services Department reports bid opening on September 24, 2019 for the Sunset Neighborhood Park - Phase 2 project (CAG-19-243), and submits the staff recommendation to award the project to the lowest responsive and responsible bidder, Terra Dynamics, Inc., in the amount of $4,059,000. Refer to Finance Committee e) AB - 2475 Municipal Court requests authorization to establish a new judicial position, at an expense of $251,010.29 per year (the position does qualify for a state contribution per RCW 2.56.030(22)), and requests authorization to amend Renton Municipal Code Chapter 3-10, necessitated by sustained increases in photo enforcement caseloads, jury trials, and after-hours search warrants. Refer to Finance Committee f) AB - 2477 Police Department recommends approval of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 Local Solicitation and Memorandum of Understanding in order to accept $26,140 in grant funds to assist with overtime and equipment costs. Council Concur g) AB - 2471 Police Department recommends approving a Cost Reimbursement Agreement, accepting up to $17,608.67 to reimburse overtime costs, with the King County Sheriff's Office for the purpose of verifying addresses and residency of registered sex and kidnapping offenders in Renton neighborhoods. Council Concur h) AB - 2472 Police Department recommends approval of an Interlocal Agreement with the Renton School District defining the roles and responsibilities related to the School Resource Officer program for the 2019/2020 school year. Council Concur i) AB - 2467 Transportation Systems Division submits CAG-18-002, North 27th Place Bridge Scour Repair project, contractor SB Structures, LLC, and recommends accepting the project and authorizing release of the contract bond after 60 days, subject to receipt of all required authorizations. Council Concur 9. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Community Services Committee: Sister City Assn Joint Agreement b) Finance Committee: Vouchers c) Transportation Committee: Utility Relocation UTB 1296; BNSF Agreement for Wells Ave; BNSF Agreeement for Williams Ave 10. LEGISLATION Resolutions: a) Resolution No. 4390: School Resource Officers for the Renton School District (See Item 8.h) b) Resolution No. 4391: 2019/2020 School District Capital Facilities Plans and Impact Fees (Approved via 9/23/2019 Planning & Development Committee Report) Ordinances for second and final reading: c) Ordinance No. 5931: Highlands Meadows Annexation (First Reading 9/23/2019) d) Ordinance No. 5932: Amended SCORE Interlocal Agreement (First Reading 9/23/2019) 11. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 12. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - 7th Floor - Council Chambers Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings 0 Denis Law Mayor Proctama tion fri%iereas,the crime of domestic violence violates an individual’s privacy,dignity,security,and humanity due to the systematic use of physical,emotional,sexual,psychological,and economic control and/or abuse; and WIiereas,it has been estimated that every nine seconds a woman is beaten by her husband or boyfriend in this country and,in more than half of those instances,children under the age of 12 are present;and Wñereas,more than half of abusers responsible for domestic violence related fatal shootings were prohibited by law from owning firearms;and Whereas,domestic violence does not discriminate and crosses all economic,racial,gender,educational, religious,and societal barriers and is sustained by indifference;and 4)hereas,the City of Renton is working to improve the overall response to and the reduction of domestic violence in our region with awareness to the cultural differences in our community;and 147ñereas,October is nationally recognized as Domestic Violence Awareness Month; Wow,therefore,I,Denis Law,Mayor of the City of Renton,do hereby proclaim October 2019 to be cDomestic 1)iotence Awareness Wtontñ in the City of Renton,and I encourage everyone in our community to take an active role in supporting all victims so they can lead healthy lives safe from violent and abusive behavior. In witness whereof I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 7th day of October,2019. Denis Law,Mayor City of Renton,Washington Renton City Hall,7th Floor 1055 South Grady Way,Renton,WA 98057.rentonwa.gov AGENDA ITEM #3. a) 2020 Community Development Block Grant Funds Allocation & Use Briefing and Public Hearing October 7, 2020 AG E N D A I T E M # 5 . a ) Community Development Block Grant  (CDBG) Funds Allocation & Use Summary For  2020, utilize $701,407 in new CDBG funds for  King County  contractual set‐asides, City planning and administration, and City  public facility and improvement activities. AG E N D A I T E M # 5 . a ) CDBG Background •City of Renton receives an annual allotment of CDBG funds  via an agreement with King County. –CDBG is a flexible program that provides communities with  resources  to address a wide range  of unique community  development needs. –Program utilizes federal  funding that is administered through the  U. S. Department of Housing and Urban Development (HUD). •Beginning in 2015, City allocated discretionary CDBG funds to  be used for  economic development and related activities. •2020 allotment is estimated to be $701,407.AG E N D A I T E M # 5 . a ) CDBG 2020 Funding Plan YEAR ACTIVITY NATIONAL OBJECTIVE AMOUNT 2020 King County Contractual Set‐asides ‐General Administration ‐Capital Administration ‐Housing Stability Program ‐Housing Repair  Program Subtotal Not Applicable $70,141  $14,028 $35,070 $175,352 $ 294,591 City Planning and Administration Not Applicable $ 70,141 Public Facilities and Improvements  Program (“Public Improvements  Program”) Low‐and Moderate‐Income Area Benefit $ 336,676 2020 TOTAL $701,407 AG E N D A I T E M # 5 . a ) Public Facilities and Improvements  Program •Purpose –Improve accessibility and safety for  pedestrians in areas  where improvements are made; –Replace deteriorated or substandard streetscapes in  selected areas of the combined Downtown and South  Renton  subareas of the City Center community and the  Sunset area; and –Serve as an economic development catalyst to continue  existing  and encourage additional private development  projects within the City’s two revitalization areas. AG E N D A I T E M # 5 . a ) Public Facilities and Improvements  Program •Potential  Projects and Opportunity Locations: –Augment improvements already planned in Downtown’s one way  conversion projects along Wells, Williams and Main avenues –The Downtown Streetscape Improvements can assist with improvements  that will bring the public realm of the blocks in between the intersections  up to current code and accessibility standards. –Improve pedestrian amenities and safety by providing sidewalk and  associated infrastructure improvements. •2020 CDBG funding is not sufficient to fund all of the opportunities listed  above. •Program intends to be a multi‐year phased project. AG E N D A I T E M # 5 . a ) 2020 Funding Contingency Plan King County requires a Funding Contingency Plan if HUD’s allocation  is greater or less than the 2020 estimated amounts: •Any increases in entitlement funds will go to the Downtown  Streetscape Improvements after funding planning and  administration to the maximum allowable amount. •Any decrease in entitlement will decrease the amount to the  Downtown Streetscape Improvements.  •Any 2020 Public Improvements Program funds not under  contract by December 31, 2020 will be recaptured and  reallocated to the Healthy Housing program •Any program income will be allocated to the Healthy Housing  Program. AG E N D A I T E M # 5 . a ) Recommendation •Council holds Public Hearing on October 7,  2020 (per public notice) to provide  opportunity for  public comment on the  recommended allocation and use plan. •Following public hearing and consideration  of public comment, Council is requested to  concur with staff  recommendation and  proposed changes (if any) based upon any  Council discussion.AG E N D A I T E M # 5 . a ) September 23, 2019 REGULAR COUNCIL MEETING MINUTES    CITY OF RENTON  MINUTES ‐ City Council Regular Meeting  7:00 PM ‐ Monday, September 23, 2019  Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way    CALL TO ORDER AND PLEDGE OF ALLEGIANCE     Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the  Pledge of Allegiance.    ROLL CALL    Councilmembers Present:  Don Persson, Council President  Randy Corman  Ryan McIrvin  Ruth Pérez  Armondo Pavone  Ed Prince  Councilmembers Absent:  Council Position No. 3 Vacant                     ADMINISTRATIVE STAFF PRESENT    Denis Law, Mayor  Robert Harrison, Chief Administrative Officer  Shane Moloney, City Attorney   Jason Seth, City Clerk  Jan Hawn, Administrative Services Administrator  Cliff Long, Economic Development Director  Ron Straka, Utility Systems Director  Commander Jeff Eddy, Police Department      PROCLAMATION   a) Diaper Need Awareness Week: A proclamation by Mayor Law was read declaring September  23 ‐ 29, 2019 to be Diaper Need Awareness Week in the City of Renton, encouraging all  members of the community to donate generously to diaper banks, diaper drives, and those  organizations that distribute diapers to families in need. Westside Baby Executive Director  Jack Edgerton accepted the proclamation with appreciation.   AGENDA ITEM #8. a) September 23, 2019 REGULAR COUNCIL MEETING MINUTES   MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE  PROCLAMATION. CARRIED.    ADMINISTRATIVE REPORT    Chief Administrative Officer Robert Harrison reviewed a written administrative report  summarizing the City’s recent progress towards goals and work programs adopted as part of  its business plan for 2019 and beyond. Items noted were:   Community members are invited to share their top priorities for the Renton Parks,  Recreation and Natural Areas Plan update at a Community Open House on October 3  from 6:00 to 8:00 p.m. at the Renton Community Center. A brief presentation will  begin at 6:00 p.m., followed by interactive live polling. From 7:00 to 8:00 p.m.,  participants can visit stations to weigh in on the most important project criteria and  park concept plans at their own pace. Spanish and Vietnamese interpretation will be  available. The input gathered will help set the priorities for the updated Parks,  Recreation and Natural Area Plan. Please visit rentonparksplan.com to learn more,  including other ways to participate.   Preventative street maintenance will continue to impact traffic and result in  occasional street closures.     AUDIENCE COMMENTS     Jason Collins, Renton, spoke about vandalism of political signs and planes harassing  bald eagles.    CONSENT AGENDA  Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember  Pavone requested Item 6.d. be removed for separate consideration.   a) Approval of Council Meeting minutes of September 16, 2019. Council Concur.   b) AB ‐ 2468 City Clerk reported receipt of the Closing Letter from the King County Boundary  Review Board (BRB) for the proposed Highlands Meadows Annexation, and recommended the  ordinance effectuating the annexation be adopted. Council Concur.   c) AB ‐ 2462 Community Services Department recommended approval of a 10‐year agreement  with the Renton Sister City program, in the amount of $6,000 per year, that clarifies roles and  responsibilities between each agency. Refer to Community Services Committee.   e) AB ‐ 2464 Transportation Systems Division recommended approval of the Grade Crossing  Signal Installation Agreement for Williams Avenue South at Houser Way South with BNSF  Railway, in the amount of $197,832. Refer to Transportation (Aviation) Committee.   f) AB ‐ 2465 Transportation Systems Division recommended approval of the Grade Crossing  Signal Installation Agreement for Wells Avenue South at Houser Way South with BNSF  Railway, in the amount of $197,832. Refer to Transportation (Aviation) Committee.   g) AB ‐ 2463 Utility Systems Division recommended approval of an interlocal Utility Construction  Agreement UTB 1296 with the Washington State Department of Transportation, in the  amount of $366,500, for the relocation of City utilities and installation of new communication  and signal conduits to accommodate improvements on I‐405. Refer to Transportation  (Aviation) Committee.  AGENDA ITEM #8. a) September 23, 2019 REGULAR COUNCIL MEETING MINUTES    h) AB ‐ 2461 Utility Systems Division submitted CAG‐18‐120, Falcon Ridge Lift Station and Force  Main Improvements Project, contractor Road Construction Northwest, Inc., and requested  approval of the project and authorization to release retainage in the amount of $41,779.69  after 60 days, subject to the receipt of all required authorizations. Council Concur.    MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE  CONSENT AGENDA, MINUS ITEM 6.d. CARRIED.    SEPARATE CONSIDERATION ‐ ITEM 6.d.   d) AB ‐ 2466 Executive Department requested authorization to hire a Census Program Manager  for an eight‐month period, November 1, 2019 ‐ June 30, 2020, in the total amount of  $105,250, to administer a complete count for the upcoming 2020 Census. Refer to Finance  Committee    MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL APPROVE CONSENT  AGENDA ITEM 6.d. AS COUNCIL CONCUR. CARRIED.    UNFINISHED BUSINESS   a) Utilities Committee Chair Pérez presented a report concurring in the staff recommendation to  authorize the Mayor and City Clerk to execute the Agreement with Murraysmith, Inc. in the  amount of $973,123 for Amendment No. 3, implementing Phase 3, Final Engineering and Design  of the Downtown Utility Improvement Project.    MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   b) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to  approve the following payments:  1. Accounts Payable – total payment of $3,942,392.01 for vouchers, 82719, 91119, 377298‐ 377299, 377312‐377749; payroll benefit withholding vouchers 6113‐6124, 377300‐ 377311 and two wire transfers.  2. Payroll – total payment of $1,609,748.13 for payroll vouchers which includes 771 direct  deposits and 20 checks (8/16/19‐8/31/19 pay period).    MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   c) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to  authorize the Administration to reorganize the Department of Community & Economic  Development, effective October 1, 2019, with the following changes:  • Permit Center Supervisor (m22) to Permit Services Manager (m28)  • Construction Inspection Supervisor (a26) to Assistant Development Engineering  Supervisor (m30)  • Economic Development Manager (m32) to Community Development & Housing Manager  (m33)  • Assistant Planner (a16) to Housing Programs Manager (m27)    MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   AGENDA ITEM #8. a) September 23, 2019 REGULAR COUNCIL MEETING MINUTES  d) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to  enter into a Professional Services Agreement with Makers Architecture and Urban Design, LLP to  develop a transit oriented development subarea plan in the amount of $148,387. The Committee  further recommended that the Mayor and City Clerk be authorized to execute the Agreement.    MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   e) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to  approve the reimbursement of two vendor space rentals, for two qualifying businesses that  participate at Renton Farmers Market – Columbia City Bakery and Hot Dame!: 2 space rentals =  $80 x 2 vendors = $160 total.    MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   f) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to  approve an ordinance authorizing the execution of an amended and restated Interlocal  Agreement relating to the South Correctional Entity (SCORE) and approving the City’s capital  contribution related to refunding bonds to be issued to refinance the South Correctional Facility.    MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   g) Planning & Development Committee Chair Prince presented a report concurring in the staff  recommendation to adopt a resolution adopting Capital Facilities Plans for the Renton, Kent, and  Issaquah School Districts and to incorporate the requested fee amounts for each District (shown  below) into the Renton Fee Schedule.     Renton 2019  Single‐Family  $6,862  Multi‐Family  $3,582  Kent 2019  Single‐Family  $5,554  Multi‐Family  $2,345  Issaquah  2019  Single‐Family  $14,501  Multi‐Family  $9,583    Additionally, the Committee recommended that a resolution regarding this matter be prepared  for adoption.    MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.   h) Planning & Development Committee Chair Prince presented a report concurring in the Planning  Commission recommendation to adopt the 2019 Title IV Docket Group #14 Group B. The  Planning and Development Committee further recommended that ordinances for the items listed  below be prepared and presented for first reading, when they are complete:    AGENDA ITEM #8. a) September 23, 2019 REGULAR COUNCIL MEETING MINUTES  City Initiated Amendments   #D‐156: Outdoor Storage   #D‐161: Design Requirements for Assisted Living and Convalescent Care Facilities Located  in Residential Zones   #D‐163: Conditional Use Permit Criteria   #D‐162: Impact Fee Credit    MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.    LEGISLATION   Ordinances for first reading:   a) Ordinance No. 5931: An ordinance was read annexing certain territory to the City of Renton  (Highland Meadows Annexation; File No. A‐18‐001).    MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE  FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.   b) Ordinance No. 5932: An ordinance was read regarding the City’s participation in the South  Correctional Entity (SCORE); authorizing the execution of an amended and restated interlocal  agreement relating to SCORE; approving the City’s capital contribution related to refunding  bonds to be issued to refinance the SCORE facility; approving other matters related thereto,  providing for severability, and establishing an effective date.    MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE  FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.    NEW BUSINESS   Please see the attached Council Committee Meeting Calendar.    ADJOURNMENT    MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME:  7:21 P.M.    Jason A. Seth, CMC, City Clerk  Jason Seth, Recorder  Monday, September 23, 2019  AGENDA ITEM #8. a) Council Committee Meeting Calendar September 23, 2019 September 30, 2019 Monday NO MEETING FIFTH MONDAY October 7, 2019 Monday 3:30 PM Finance Committee, Chair Pavone – Council Conference Room 1. Vouchers 2. Emerging Issues in Finance 4:00 PM Transportation Committee, Chair McIrvin – Council Conference Room 1. Utility Relocation Agreement UTB 1296 with WSDOT for I-405 Widening 2. BNSF Signal Installation Agreement for Wells Ave. 3. BNSF Signal Installation Agreement for Williams Ave. 4. Emerging Issues in Transportation 5:00 PM Community Services Committee, Vice Chair McIrvin – Council Conference Room 1. Renton Sister City Joint Agreement 2. Emerging Issues in Community Services 5:30 PM Committee of the Whole, Chair Persson – Council Chambers 1. Budget Adjustments 2. Proposed Property Tax Levy 3. Fee Schedule Adjustments 4. Emerging Issues AGENDA ITEM #8. a) AB - 2480 City Council Regular Meeting - 07 Oct 2019 SUBJECT/TITLE: RMC 2-21-4 Renton Regional Fire Authority Governing Board Code Amendment RECOMMENDED ACTION: Refer to Committee of the Whole DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: The administration is updating Renton Municipal Code 2-21-4 regarding the Renton Regional Fire Authority Governing Board term language, in order to clarify terms of appointment for board members. EXHIBITS: A. Draft Ordinance STAFF RECOMMENDATION: Adopt the ordinance clarifying term appointments for Renton Regional Fire Authority Governing Board members. AGENDA ITEM #8. b) 1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION  2‐21‐4 OF THE RENTON MUNICIPAL CODE, BY UPDATING RENTON REGIONAL  FIRE AUTHORITY GOVERNING BOARD TERM LANGUAGE, PROVIDING FOR  SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.     WHEREAS, to assure the City has three Council representatives serving on the Renton  Regional Fire Authority Governing Board without a gap between appointments, the regular terms  of appointed City Council representatives should have a starting date of January 1 and an ending  date of December 31;  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  ORDAIN AS FOLLOWS:  SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in  strikethrough and underline edits remain in effect and unchanged.  SECTION II. Section 2‐21‐4 of the Renton Municipal Code is amended as follows:  2‐21‐4 TERMS OF APPOINTMENT – INITIAL TERM – REGULAR TERMS:  The initial term for the City’s members of the Renton Regional Fire Authority  governing board shall run from July 1, 2016, until the first City Council meeting in  January 2018. All subsequent The governing board representatives appointed  pursuant to RMC 2‐21‐3 shall serve two (2)‐year regular terms running shall run  for approximately two (2) years from January 1 of even numbered years through  December 31 of odd numbered years. starting from the time of appointment by  the City Council at its first January meeting in even numbered years and ending at  the first January meeting the following even numbered year.  AGENDA ITEM #8. b) ORDINANCE NO. ________  2  SECTION III. All City Council appointed governing board representatives currently  serving the Renton Regional Fire Authority shall continue to serve in such capacity through  December 31, 2019, unless removed or otherwise replaced pursuant to Chapter 2‐21 RMC.     SECTION IV.  If any section, subsection, sentence, clause, phrase or work of this  ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,  such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other  section, subsection, sentence, clause, phrase or word of this ordinance.  SECTION V. This ordinance shall be in full force and effect five (5) days after publication  of a summary of this ordinance in the City’s official newspaper.  The summary shall consist of this  ordinance’s title.      PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019.                         Jason A. Seth, City Clerk    APPROVED BY THE MAYOR this _______ day of _____________________, 2019.                         Denis Law, Mayor    Approved as to form:             Shane Moloney, City Attorney  Date of Publication:      ORD:2088:9/24/19  AGENDA ITEM #8. b) AB - 2473 City Council Regular Meeting - 07 Oct 2019 SUBJECT/TITLE: 2019/2020 Mid-Biennium Budget Amendment Calendar RECOMMENDED ACTION: Refer to Committee of the Whole DEPARTMENT: Administrative Services Department STAFF CONTACT: Jan Hawn, Administrative Services Administrator EXT.: 6858 FISCAL IMPACT SUMMARY: This agenda bill sets the required public hearings and presents the Budget calendar to Council. No fiscal impact. SUMMARY OF ACTION: Incompliancewith RCW35A.34,thisagendabillsetsthefollowingdatesandtimesforallordinances/resolutionsrelatedtothepropose d2019/2020mid-bienniumadjustment: 1. Submissionoftheproposedbudgetto the CityClerk and presentedto the CityCouncil at theOctober 7, 2019 CommitteeoftheWhole. 2. Establishpublichearings for October 21, 2019 and November 4, 2019which includes a discussionofrevenuesources and theproposedmid-bienniumbudgetadjustment. Thefollowingordinances/resolutions will bepresented as part of the publichearingprocess: a. 2020 Property Tax Levy(revenuesources) b. ProposedMid-BienniumBudgetAdjustment c. ProposedFeeScheduleAdjustments EXHIBITS: A. 2019/2020 Mid-Biennium Budget Amendment Agenda B. 2019/2020 Mid-Biennium Budget Amendment Calendar STAFF RECOMMENDATION: SetpublichearingdatesofOctober21,2019 and November 4, 2019toconsidertheproposed2020PropertyTaxLevy(revenue sources),theproposed2019/2020Mid- BienniumBudgetAdjustment,proposedfeescheduleadjustments,andaproposedadoptionofallrelated ordinances/resolutionsbyNovember18,2019. AGENDA ITEM #8. c) AB - 1991 City Council Regular Meeting - 23 Sep 2019 SUBJECT/TITLE:2019/2020 Mid-Biennium Budget Amendment RECOMMENDED ACTION:Refer to Committee of the Whole DEPARTMENT:Administrative Services Department STAFF CONTACT:Jan Hawn, Administrative Services Administrator EXT.:6858 FISCAL IMPACT SUMMARY: SUMMARY OF ACTION: In compliance with RCW 35A.34, this agenda bill sets the following dates and times for all ordinances/resolutions related to the proposed 2019/2020 mid-biennium adjustment: 1. Submission of the proposed budget to the City Clerk and presented to the City Council at the October 7, 2019 Committee of the Whole. 2. Establish public hearings for October 21, 2019 and November 4, 2019 which includes a discussion of revenue sources and the proposed mid-biennium budget adjustment. The following ordinances/resolutions will be presented as part of the public hearing process: a. 2020 Property Tax Levy (revenue sources) b. Proposed Mid-Biennium Budget Adjustment c. Proposed Fee Schedule Adjustments EXHIBITS: A. Mid-Biennium Budget Amendment Calendar STAFF RECOMMENDATION: Set public hearing dates of October 21, 2019 and November 4, 2019 to consider the proposed 2020 Property Tax Levy (revenue sources), the proposed 2019/2020 Mid-Biennium Budget Adjustment, proposed fee schedule adjustments, and a proposed adoption of all related ordinances/resolutions by November 18, 2019. AGENDA ITEM #8. c) CITY OF RENTON PRELIMINARY 2019-2020 MID-BIENNIUM BUDGET AMENDMENT CALENDAR Unless otherwise specified, all meetings will be held at City Hall, 1055 S. Grady Way, Renton, Washington 98057. October 7, 2019 – Committee of the Whole – 6:00 p.m. Council budget workshop: Proposed Mid-Biennium Adjustments (ordinance) Proposed Property Tax Levy (ordinance) Proposed Fee Schedule Adjustments (resolution) October 21, 2019 – Regular Council Meeting – 7:00 p.m. Public hearing as required by RCW 35A.34: Proposed 2020 Property Tax Levy (revenue sources) Proposed Mid-Biennium Budget Adjustment Proposed Fee Schedule Adjustments November 4, 2019 – Committee of the Whole (if needed) – 6:00 p.m. Council budget workshop: Follow up to Council questions Deliberation Finalize Committee Report November 4, 2019 – Regular Council Meeting – 7:00 p.m. Public hearing as required by RCW 35A.34: Proposed 2020 Property Tax Levy (revenue sources) Proposed Mid-Biennium Budget Adjustment Proposed Fee Schedule Adjustments Adopt Committee Report 1st reading of 2019/2020 Mid-Biennium Budget Amendment ordinance 1st reading of the 2020 Property Tax Levy ordinances November 18, 2019 – Regular Council Meeting – 7:00 p.m. 2nd reading and adoption of all ordinances Adoption of the Fee Schedule Resolution AGENDA ITEM #8. c) AB - 2474 City Council Regular Meeting - 07 Oct 2019 SUBJECT/TITLE: Contract Award: Sunset Neighborhood Park, Phase 2 (CAG-19-243) RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager EXT.: 6571 FISCAL IMPACT SUMMARY: The current project budget is $5,637,166.34. The Phase 2 construction cost is $4,059,000.00, leaving a balance of $1,578,166.34. The remaining encumbered design contract balance is $90,4 29.36, and permitting, printing, bid advertising fees, material testing and special inspections, and contractor staging area rent estimated to come to $32,500.00, leaving a balance of $1,455,236.98. With a 15% contingency of $608,850.00 for potential change orders, a balance of $846,386.98 will be available. Funding for this project is from 316.332043.020.594.76.63.000. SUMMARY OF ACTION: Engineer's Estimate: $4,685,000.00 In accordance with Council procedures, the lowest responsible and responsive bid met the following three criteria: 1) There was more than one bid; 2) The low bid was within budget; 3) There are no irregularities with the low bid Therefore, staff recommends awarding CAG-19-243 - Sunset Neighborhood Park, Phase 2 Project to the low bidder, Terra Dynamics, Inc., in the amount of $4,059,000.00. EXHIBITS: A. Issue Paper/Staff Recommendation B. Sunset Neighborhood Park Master Plan B. Bid Tab STAFF RECOMMENDATION: Award the Sunset Neighborhood Park, Phase 2 project to the lowest responsive and responsible bidder, Terra Dynamics, Inc. in the amount of $4,059,000.00. AGENDA ITEM #8. d) COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:September 27, 2019 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Kelly Beymer, Community Services Administrator STAFF CONTACT:Alan J. Wyatt, Capital Projects Manager (x-6571) Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) SUBJECT:Sunset Neighborhood Park, Phase 2 Construction ISSUE: Should the construction contract for the Sunset Neighborhood Park, Phase 2 be awarded to Terra Dynamics, Inc., in the amount of $4,059,000.00? RECOMMENDATION: Award the construction contract to Terra Dynamics, Inc. in the amount of $4,059,000.00 and authorize the Mayor and the City Clerk to execute the contract. BACKGROUND SUMMARY: Sunset Neighborhood Park was identified in the 269-acre Sunset Area Planned Action and Environmental Impact Statement (EIS). Three parcels were acquired from the Renton Housing Authority, structures were demolished, and portions of two public streets were vacated to accommodate a future park. In 2014, City Council adopted the Master Plan for the new 3.2 acre site and in June 2018, Phase I construction was completed. In 2018, the City contracted with HBB Landscape Architecture to complete the Phase 2 design of Sunset Neighborhood Park. Phase 2 features a picnic pavilion, 3 pergolas, decorative mist water feature, parent plaza with tables, playgrounds for ages 2-5 and 6-12, adult fitness area, benches, concrete and impervious paved walking paths, rain gardens, site grading, landscaping and irrigation. The Landscape Architect’s estimate for Phase 2 construction is $4,685,000.00. The park project was advertised through Daily Journal of Commerce and the Builders Exchange of Washington. Ten bids were received, with a low bid of $4,059,000.00, submitted by Terra Dynamics, Inc. AGENDA ITEM #8. d) Don Person, Council President and Members of Renton City Council Subject: Sunset Neighborhood Park, Phase 2 Construction Page 2 of 2 September 27, 2019 The current project budget is $5,546,737.00 (after encumbered professional services fees). The Phase 2 construction cost is $4,059,000.00, leaving a balance of $1,487,737.00. Estimated permitting, printing, bid advertising fees, material testing special inspections, and rental for the staging area from the Renton Housing Authority are estimated at $32,500.00, leaving a balance of $1,455,237.00. Setting aside a 15% contingency of $608,850.00 for potential change orders, leaves a remaining balance of $846,387.00 for other identified capital improvement projects. The estimated construction timeframe for Phase 2 construction is November 2019 through June 2020, commencing upon execution of this contract. The amount of $3,675,000 in federal, state and local grant funding was secured to offset City expenses for Phase 2 design and construction. Funding for this project is budgeted in account number 316.332043.020.594.76.63.000. CONCLUSION: Awarding the contract to the lowest responsible contractor, Terra Dynamics, Inc., allows the City to move forward with the construction of Phase 2 construction and the completion of Sunset Neighborhood Park. Completing construction of this 3.2 acre park sets the stage for future quality development in the Sunset Neighborhood. cc: Kari Roller, Fiscal Services Director Sean Hollingsworth, Finance Analyst III AGENDA ITEM #8. d) Adopted: November 3, 2014 Amended: November 15, 2016 0 20 40 80 feetN Sunset Neighborhood Park Master Plan Investing in Housing ● Jobs ● Education ● Health ● Environment ● Transportation PHASE I Ͳ oŵplete PHASE II Ͳ ϮϬϭϵͬϮϬϮϬ LEGEND NE 10 T H S T SUN S E T L N N E SUN S E T L N N E S U N S E T L N N E GL E N W O O D A V E H A R R I N G T O N A V E HA R R I N G T O N A V E Renton Highlands Library Market Rate Housing / Mixed UseMarket Rate Housing Market Rate Housing RHA HousingRHA Housing RHA Housing Teen / Adult Fitness Pervious Pavement with 6” Concrete Curb Edges Native Evergreen Tree, Typ. Street Tree, Typ. Pergola Structure with Curved Benches Performance Seating / Open Space Lawn Water Feature Bench with Planters Viewing / Picnic Gazebo “Stage Area” Load / Unload Playground (5-12 yr) Playground (2-5 yr)Curbs and Step-Off Pads Installed During Sunset Lane NE Construction Art Location Entry Sign Restroom with Pergola Structure over Breezeway Existing Raingardens Pergola with Free Library and Seating Curved Bench with Interpretive Sign Raingarden, Typ. Art Location Accent Tree, Typ. Picnic Area PHASE I (Complete, June 2018) PHASE II Phase II AG E N D A I T E M # 8 . d ) Project: Sunset Neigborhood Park ‐ Phase 2 CAG‐19‐243  Date: 9/24/2019 CITY OF RENTON BID TABULATION SHEET 1 of 3 Bid Total from Bid Statement Bid Cert Triple Ack Sub  Schedule of Prices Proposal Qualif Bond Compl Form Addens List *Includes Sales Tax A‐1 Landscaping and  Construction, Inc.X X X X X X X $5,057,800.00 1 20607 SR 9 S.E. Snohomish WA 98296 Active Construction Inc.X X X X X X X $5,060,000.00 2 PO Box 430 Puyallup WA 98371 KLB Construction X X X X X X $4,796,000.00 3 PO Box 158 Mukilteo WA 98275 MidMountain Contractors, Inc.X X X X X X X $4,722,025.00 4 PO Box 2909 Kirkland WA 98083 Bidder FORMS Engineer's Estimate Approx. $4,685,000  incl WSST  AGENDA ITEM #8. d) Project: Sunset Neigborhood Park ‐ Phase 2 CAG‐19‐243  Date: 9/24/2019 CITY OF RENTON BID TABULATION SHEET 2 of 3 Bid Total from Bid Statement Bid Cert Triple Ack Sub  Schedule of Prices Proposal Qualif Bond Compl Form Addens List *Includes Sales Tax Bidder FORMS Ohno Construction Company X X X X X X X $4,415,400.00 5 c/o 9416 Martin Luther King Jr. Way S. Seattle WA 98118 Rino Construction X X X X X X X $5,084,750.00 6 PO Box 667 17937 Cedar Grove Road SE Maple Valley WA 98038 Specialized Landscaping, Inc.X X X X X $5,102,900.00 10524 A St S 7 Tacoma WA 98444 Tapani, Inc.X X X X X X X $4,209,700.00 1904 SE 6th Place 8 Battle Ground WA 98604 Engineer's Estimate Approx. $4,685,000  incl WSST  AGENDA ITEM #8. d) Project: Sunset Neigborhood Park ‐ Phase 2 CAG‐19‐243  Date: 9/24/2019 CITY OF RENTON BID TABULATION SHEET 3 of 3 Bid Total from Bid Statement Bid Cert Triple Ack Sub  Schedule of Prices Proposal Qualif Bond Compl Form Addens List *Includes Sales Tax Bidder FORMS Terra Dynamics, Inc.X X X X X X X $4,059,000.00 34721 W Valley Hwy S 9 Algona WA 98001 Westwater Construction Co.X X X X X X X $4,486,900.00 PO Box 59237 10 Renton WA 98056 Engineer's Estimate Approx. $4,685,000  incl WSST  AGENDA ITEM #8. d) AB - 2475 City Council Regular Meeting - 07 Oct 2019 SUBJECT/TITLE: New Judicial Position for Renton Municipal Court RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Municipal Court STAFF CONTACT: Bonnie Woodrow, Court Services EXT.: x6531 FISCAL IMPACT SUMMARY: The expense for a full-time judicial position is $251,010.29, with an effective date of December 30, 2019. A full-time judicial position will qualify for a state contribution per RCW 2.56.030(22). In addition, the co st of the new position would be partially offset by a reduction in the court’s pro-tem budget expense. SUMMARY OF ACTION: The Renton Municipal Court has one full-time elected judge that presides over most criminal hearings. The photo enforcement program, since its inception in 2008, has expanded due to additional photo cameras in the city. Between 2017 and 2018, the photo caseload increased 88% and photo hearings increased 75% in that same time period. The number of jury trials held has also increased dramatically year over year, with ten times more trials held in 2018 than in 2014. Plus the number of search warrants has increased. All these increases necessitate the use of pro-tem judges at various times. While the use of pro-tem judges fixes the immediate problem, finding enough pro-tems to cover the calendars can be difficult, and often rulings are inconsistent between pro-tems. State law also requires an elected position if a second judicial position is necessary based on current hours. If granted, a second elected judicial position would provide adequate coverage, flexibility, consistent rulings and consultation with a peer when procedural or legal questions arise. EXHIBITS: A. Issue Paper B. AOC Judicial Needs C. Supplemental Judicial Needs Estimate-photo enforcement D. Community Court - Burien WA E. Community Court - Redmond, WA F. Draft Ordinance STAFF RECOMMENDATION: Adopt ordinance amending Chapter 3-10 of the Renton Municipal Code to add a new full time judicial position and clarify the authority of the Renton Municipal Court. AGENDA ITEM #8. e) RENTON MUNICIPAL COURT M E M O R A N D U M DATE:September 19, 2019 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Bonnie Woodrow, Court Services Director SUBJECT:New Judicial Position ISSUE: Should the Council and Mayor authorize the creation of a new judicial position that is necessary due to the sustained increases in the photo enforcement caseload, jury trials and after-hours search warrants? RCW 3.50.055 outlines the election requirements for part-time and full time judicial positions. The statute requires any judicial position greater than .5 FTE be filled by election. The Renton Municipal Court needs a full time judicial position to maintain the current caseload. RECOMMENDATION: Authorize the creation of a full time elected judicial position with the option of a Community Court. BACKGROUND SUMMARY: The Renton Municipal Court has one full-time elected judge that presides over most criminal hearings. Since the inception of the photo enforcement program in 2008, the court has employed pro-tem judges to cover the extra hearing calendars of the photo program. In addition, pro-tem judges are often asked to preside over jury trials and cover our judge during vacation, sick leave and when Notices of Disqualification are filed. Pro-tem judges also help to fill gaps in after-hours search warrant authorization. Photo Enforcement Program: The Renton Photo Program, which started in 2008, has expanded to the point where the court is having difficulty finding enough pro-tems to cover the calendars, and often rulings are inconsistent between pro-tems. Additional camera locations were added in 2018, which increased the photo caseload 88% from 2017 to 2018. In addition, photo hearings increased 75% in that same time period. AGENDA ITEM #8. e) Don Persson, Council President Members of Renton City Council Page 2 of 4 September 19, 2019 Jury Trials: The number of jury trials held has also increased dramatically year over year, which adds to the difficulty of finding adequate judicial coverage for our calendars. The court held ten times more trials in 2018 than in 2014. For each jury trial, the court must employ a pro-tem judge to hear the matter as our sitting judge presides over previously scheduled criminal matters. AGENDA ITEM #8. e) Don Persson, Council President Members of Renton City Council Page 3 of 4 September 19, 2019 After-Hours Search Warrants: Our current full-time elected judge has the sole responsibility for approving all search warrant requests from the Renton Police Department, regardless of the time of day or night. As the number of search warrants has increased, the need for search warrant authorization has also increased. The court has requested the assistance of pro-tem judges to help authorize search warrants after-hours when our elected judge is not available. Outside Caseload Analysis: The Administrative Office of the Courts (AOC) compiles a Judicial Needs Estimate Report (JNE) annually based on our courts criminal and infraction activity. In 2018, the JNE report reflected the need for 1.56 judges for criminal and infraction cases only (Attachment #1). In 2013, Renton Municipal Court requested the assistance of the AOC to determine the judicial need for our photo enforcement program (Attachment #2). At that time, the AOC determined the photo caseload would require between .62 and .71 judicial FTE to handle the photo enforcement hearings. Our photo program has increased substantially since the report was issued. In 2014, the court filed 21,183 photo citations and held 4,295 hearings. In 2018, the court filed 48,281 photo citations and held 6,858 photo hearings in addition to our criminal and infraction cases. Cost Consideration: The expense for a full-time judicial position is $251,010.29, with an effective date of December 30, 2019. A full-time judicial position will qualify for a state contribution per AGENDA ITEM #8. e) Don Persson, Council President Members of Renton City Council Page 4 of 4 September 19, 2019 RCW 2.56.030(22). In addition, the cost of the new position would be partially offset by a reduction in the court’s pro-tem budget expense. Options for Full-time Judicial Position: The court has considered the benefits of creating a community-based therapeutic court as a creative option to address local problems such as the reduction in the use of jail, reduction in recidivism, homelessness, mental health issues, substance abuse issues, etc. (Attachment #3). A community court model seeks to respond to crime through a combined strategy of holding offenders accountable and offering to help defendants with a range of social services, including drug treatment under judicial supervision. If the council grants the creation of a new full-time judicial position, we would have the judicial capacity to create a Community Court. The expense for a Community Court has yet to be determined. CONCLUSION: The need for a second judicial position is necessary with our current caseload levels. If granted, a second judicial position would provide adequate coverage, flexibility, consistent rulings and consultation with a peer when procedural or legal questions arise. A full-time judicial position would allow the opportunity to start a Community Court. AGENDA ITEM #8. e) Judges Commissioners and Magistrates Total Judicial Officers Total Estimated Judge Need2 Aberdeen Municipal 1.00 1.00 1.04 Airway Heights Municipal 0.80 0.80 0.70 Anacortes Municipal 0.33 0.33 0.75 Bainbridge Island Municipal 0.50 0.50 0.48 Battle Ground Municipal 0.26 0.26 0.91 Bellingham Municipal 1.00 1.00 2.00 1.78 Black Diamond Municipal ∆ 0.12 0.12 0.46 Blaine Municipal 0.31 0.31 0.53 Bonney Lake Municipal 0.75 0.75 1.07 Bothell Municipal 0.85 0.85 0.82 Bremerton Municipal 1.00 0.20 1.20 1.06 Buckley Municipal 0.42 0.42 0.56 Burlington Municipal 0.33 0.33 0.62 Centralia Municipal 0.20 0.20 0.74 Chehalis Municipal 0.35 0.35 0.57 Cheney Municipal 0.10 0.10 0.20 0.60 Cle Elum Municipal 0.16 0.16 0.39 Colfax Municipal 0.30 0.30 0.44 Cosmopolis Municipal 0.05 0.05 0.43 Des Moines Municipal 1.00 1.00 0.87 East Wenatchee Municipal 0.50 0.50 0.69 Edmonds Municipal 0.75 0.75 0.91 Elma Municipal 0.02 0.02 0.46 Enumclaw Municipal 0.17 0.17 0.59 Everett Municipal 2.00 2.00 2.12 Everson-Nooksack Municipal 0.11 0.11 0.46 Federal Way Municipal 2.00 2.00 2.38 Ferndale Municipal 1.00 1.00 0.50 Fife Municipal 0.85 0.85 0.99 Fircrest Municipal 0.25 0.25 0.67 Gig Harbor Municipal 0.41 0.41 0.76 Granger Municipal ∆ 0.04 0.04 0.40 Hoquiam Municipal 1.00 1.00 0.71 Issaquah Municipal 0.75 0.75 0.71 Kent Municipal 2.00 2.00 3.10 Kirkland Municipal ∆ 1.00 1.00 1.06 Lakewood 1.00 1.00 1.79 Lake Forest Park 0.60 0.60 0.52 Lynden Municipal 1.00 1.00 0.46 Lynnwood Municipal 0.80 0.80 2.01 Marysville Municipal 2.00 2.00 2.52 Mercer Island Municipal 1.00 1.00 0.67 Monroe Municipal 0.20 0.20 0.69 Montesano *∆0.10 0.10 0.41 Municipal Court ∆ Past Year's Data Used Judicial Needs Estimates by Full-Time Equivalents 2018 Projected Filings1 AGENDA ITEM #8. e) Judges Commissioners and Magistrates Total Judicial Officers Total Estimated Judge Need2 Municipal Court ∆ Past Year's Data Used Judicial Needs Estimates by Full-Time Equivalents 2018 Projected Filings1 Mount Vernon Municipal 0.33 0.33 0.82 Napavine Municipal 0.25 0.25 0.37 Ocean Shores Municipal 1.00 1.00 0.48 Olympia Municipal 1.00 1.00 0.98 Orting Municipal 0.50 0.50 0.55 Pacific & Algona Municipal 0.17 0.17 0.98 Pasco Municipal 0.75 0.75 1.92 Port Orchard Municipal 0.60 0.60 0.68 Poulsbo Municipal 1.00 1.00 0.58 Puyallup Municipal 1.00 1.00 2.17 Raymond Municipal 0.50 0.50 0.47 Renton Municipal 1.00 1.00 1.56 Roy Municipal ∆ 0.10 0.10 0.39 Ruston Municipal ∆ 0.20 0.20 0.68 SeaTac Municipal 0.55 0.55 0.75 Seattle Municipal 7.00 5.50 12.50 9.46 Sedro Woolley Municipal 0.23 0.23 0.55 Selah Municipal 0.25 0.25 0.51 Shelton Municipal 0.50 0.00 0.50 0.59 South Bend Municipal 0.04 0.04 0.42 Spokane Municipal 3.00 2.00 5.00 3.71 Sumas Municipal 0.05 0.05 0.44 Sumner Municipal 0.44 0.44 0.60 Sunnyside Municipal 1.00 1.00 0.84 Tacoma Municipal 3.00 1.60 4.60 2.23 Tenino Municipal 0.10 0.10 0.41 Toppenish Municipal 1.00 1.00 0.68 Tukwila Municipal 0.85 0.85 1.01 Wapato Municipal 1.00 1.00 0.46 Westport Municipal ∆1.00 1.00 0.52 Yakima Municipal 2.00 0.50 2.50 2.18 Yelm Municipal 0.45 0.45 0.69 Zillah Municipal 0.05 0.05 0.39 Totals 60.28 10.90 71.18 79.51 Staffing levels measured are those in effect on 12/31/2017. 1 Year 2018 projected filings are based on the previous five-year filing trends of the various case types in a given court. Any vehicle-related violations (parking, photo-radar and toll citations) that were not entered into the statewide Judicial Information System (JIS) are excluded from filing counts. 2Need estimates represent the estimated number of judge positions needed, as required by RCW 2.56.030(11). They are based on the previous five years of data for the number of total judicial officers and case resolutions. AGENDA ITEM #8. e) The Washington State Center for Court Research was asked by Renton Municipal Court Administrator Bonnie Woodrow for assistance in estimating judicial need for processing photo enforcement hearings. Because information related to photo enforcement is not forwarded to the Administrative Office of the Courts (AOC) this estimate is for additional judge time above the state estimate. Renton provided a time estimate of five minutes each for mitigation hearings, whether in person or by mail, and 15 minutes each for contested hearings. The following data was provided by the court, showing the number of photo enforcement contested and mitigation hearings each year and an average for the four year period. Renton Municipal Court uses the third party vendor ATS to process their photo enforcement citations. Period 2009 2010 2011 2012 Avg. Hearings Annually Mitigation Hearings 2,278 2,014 1,404 1,262 1,740 Contested Hearings 1,316 1,164 812 741 1,008 Mitigation by Mail Hearings 4,621 3,325 3,619 4,021 3,897 The Renton Court is interested in knowing if these hearings have an impact on their judicial needs estimate. Because Renton Municipal Court does not enter photo enforcement citations into the Judicial Information System (JIS), case filings, hearings, and dispositions are not included in state court activity reports. Consequently, these photo enforcement hearings are not included in the Judicial Needs Estimates prepared by the Washington State Center for Court Research. Methodology: Washington State Center for Court Research staff are responsible for analyzing legislation and preparing judicial impact notes estimating each bill’s potential cost to courts. The costs are derived from data and formula spreadsheets updated prior to each legislative session. Data used in estimates include a judicial time standard metric for the various case types, salary/benefit costs for judicial officers, salary information for administrative staff and clerk staff, and local operating costs. DISCLAIMER: The results reported herein must be considered an “estimate.” An estimate of judicial time need was found using the judicial impact note process and applying it to Renton Municipal Court’s data. This data is intended for budget and planning purposes. The process and the results are based on a sample of data from similar courts not on statewide measurement. The judicial impact note process is just one method of quantifying hearing time to judicial workload. Other methods may provide results that are more accurate in terms of estimating the amount of time required to handle any particular number of hearings or contested hearings. The time standard for a district and municipal court judge year used for judicial impact notes is 60,806 minutes. This represents an estimate of the time available per year for the average district/municipal court judge to conduct hearings and process cases. This time standard was developed in 1976, updated in 1985, and again in 1998. Since the last update was more than AGENDA ITEM #8. e) ten years ago, revisions to this judicial time standard may be appropriate. This time standard may not be the applicable to Renton Municipal Court. Result: There are several ways to employ Renton’s photo data in creating an estimate. Averaging the workload for the last four years provides a judicial time need estimate of 43,304 minutes for work related to photo enforcement. Using the state time standard of 60,806 minutes this translates to 71 percent or .71 FTE. Avg. Time (Minutes) Avg. hearings Annually Minutes per year Mitigation Hearings 5 1,740 8,698 Contested Hearings 15 1,008 15,124 Mitigation by Mail Hearings 5 3,897 19,483 43,304 The data shows a trend toward a reduced number of hearings each year in Renton. This is especially true of the number of contested hearings, falling from 1,316 in 2009 to 741 in 2012. Applying the same estimate methodology to the number of hearings in 2012 alone (rather than the four year average) provides a judicial time need estimate of 37,530 minutes for work related to photo enforcement. Using the state time standard of 60,806 minutes this translates to 62 percent or .62 FTE. Avg. Time (Minutes) 2012 hearings Minutes per year Mitigation Hearings 5 1,262 6,310 Contested Hearings 15 741 11,115 Mitigation by Mail Hearings 5 4,021 20,105 37,530 Summarizing, the data provided by Renton Municipal Court support an estimated need of between .62 and .71 of one FTE of judicial officer time. AGENDA ITEM #8. e) Community Court Launches in Burien - City of Burien King County District Court and City of urien Partner to Bring Innovative, Problem-solving Court to South King County Posted on 01/15/2019 f Burien, WA,January 1 5, 2019—To build stronger and safer i' neighborhoods and help prevent repeat of criminal behavior, King County District Court and the City of Burien are collaborating to implement a °community court" in Burien. The alternative, problem-solving court will differ from traditional courts by seeking to identify and address the underlying challenges of court participants that may contribute to further criminal activity. Scheduled to launch February 25, 2019, Community Court in Burien will be held at the Burien Community Center`s Shorewood Room. "Holding court hearings in a safe, neutral and community-centered location, such as the community center, encourages the participants to stay engaged and removes the stigma associated with the courthouse," said Callista Welbaum, therapeutic courts manager for King County District Court. A community resource center co-located with Community Court in Burien will connect court participants - and anyone else in the community - to outside services that will give them a chance to have a better outcome. The resource center will include community partners that provide a wide array of services, such as healthcare/insurance, education, job training, be,havioral health, substance use disorder help, and more. This program is one of several new strategies we are deploying in Burien to strengthen the safety of our community and serve our most vulnerable populations with effective alternatives to the traditional criminal justice system," said Burien Chief of Police Theodore Boe. "This program is not a substitute for accountability, but rather an enhancement to the tools we have to address the causes of criminal behavior." Community court participants are charged with misdemeanor crimes such as urinating in public, sleeping in a park, theft, trespass or disorderly conduct. Di iving-related cases are https://www.burienwa.gov/news_events/city newsroom/news_announcement... 9/7/2019 AGENDA ITEM #8. e) Community Court Launches in Burien - City of Burien not currently eligible, and participants must not have any violent felony convictions in the last five years; any pending violent felony charges; or a sex offender history. King County District Court Judge Laurel Gibson will hear cases at Community Court in Burien on Mondays, 10:00 a.m. to 12:00 p.m. at the Burien Community Center (14700 6th Ave SW, Burien). The community resource center will be open the same hours. Community Court in Burien builds upon the successful spring 2018 launch of Community Court in Redmond, which to date has had 73 participants, with 32 "graduating" the program. "My long-term vision is that everybody throughout the county will have access to community court and to resource centers with the services they need to stay out of the criminal justice system," said Judge Donna Tucker, King County District Court Presiding Judge. Community members who would like to volunteer in the community resource center for Community Court in Burien can contact Ericka Cooley, community court coordinator for King County District Court: (206) 477-4990; Ericka.Cooley@kingcounty.gov. About King County District Court King County District Court is the largest court of limited jurisdiction in Washington State, processing approximately one-quarter million matters per year. The district court holds court and provides public access at 10 facilities throughout King County: Auburn, Bellevue, Burien, Issaquah, King County Courthouse (Seattle), King County Jail (Seattle jail calendars only), Redmond, Maleng Regional ustice Center (Kent), Shoreline and Vashon Island (one day per month). www.kingcounty.gov/courts/district-court.aspx About City of Burien The City of Burien is a vibrant and creative community, where the residents embrace diversity, celebrate arts and culture, promote vitality, and treasure the environment. For more information, visit burienwa.gov. https://www.burienwa.gov/news_events/city_newsroom/news_announcement... 9/7/2019 AGENDA ITEM #8. e) Redmond’s Community Court hits one- year milestone The court uses a different approach to addressing low-level offenses.  by Ashley Hiruko  Friday, August 16, 2019 1:30am  NEWS  The first graduate of the King County Community Court in Redmond, a woman facing a theft charge, was able to acquire health care, signed up for housing and was offered a job with the agency she did her community service through. It all happened within a month — with the help of volunteers, a resource center and the community court. It’s been more than a year since Redmond’s “innovative” and “therapeutic” community court began, pioneering a compassionate approach that seeks to address underlying challenges that may contribute to criminal activity. A celebration for the one-year milestone happened on Aug. 7 outside of the Redmond courthouse. On this same day an additional five people graduated, af ter completing their social service and community service portions of their court contracts. In return, their cases were dismissed. Since the program’s April 2018 inception, there has been a total of 70 graduations through August 2019, according to Troy Brown, spokesman for the King County District Court. There’s also been 130 total participants. “We see some people come into our courts and we never see them again … and then we have some people who primarily because of an addiction or trauma or mental hea lth issues tend to have repeat behaviors,” Donna Tucker said of the traditional courts. “The point is to try and help people who we know have underlying issues, that if we could get help for and address, they’re less likely to come back.” The community court started last spring, after district court officials attended a community court conference in Chicago. Among them was Tucker, chief presiding judge for King County District Court. “We were like, ‘Wow this is something that we think would be beneficial to the people that we serve in the court,’” Tucker said. “We could see for a number of people … the way we were doing business, this wasn’t really having much of an impact. So we decided that we wanted to try an alternative model, like the community court.” AGENDA ITEM #8. e) The King County Council aided their efforts of trying something new by providing $100,000 to initiate a study on the concept. A grant from the Center for Court Innovation provided the funding to implement the court. The Redmond library was chosen as the pilot’s first location in part because of an already established homelessness task force and monthly resource center. The new court worked off of this foundation, and the resource center was moved from a monthly event to a weekly event, and more services were added. “It was a natural place to do our first court,” said Callista Welbaum, therapeutic courts manager for King County District Court. She added that the Community Resource Center is open to anybody, and esidents can access a number of resources including employment, education and transportation services. “You have the potential of helping people before they even get into that cycle of criminal justice,” Welbaum said. “We can catch people really upstream when they’re starting to realize they might have some mental health or substance use issues.” Participation in the community court has to be a mutual agreement between the prosecutor and public defender. And some crimes don’t qualify for the court. Typically it’s low-level offenders who are allowed to go through the community court. Redmond police enforcing the law will aid in the prosecutor’s determination by helping to clue them into the life circumstances surrounding the crimes that are commited, said Jeremy Sandin, patrol officer for the Redmond Police Department. Sandin and another officer provide security for the community court. He’s been there since the beginning and has seen firsthand the transformation people undergo. Some participants are in the program for weeks, others months. “To see a person that’s using and then five, six weeks later to see them five, six weeks clean and to see the actual physical change in their face, in their body, in their personality, it’s a great thing to see,” Sandin said. He added that while it’s understood that not everyone is going to graduate, the court’s been a success. This alternative model is spreading. A community court was launched in Burien in February 2019, and there are plans in the works for a community court in Shoreline. Tucker said there’s potential for more in other King County cities too. “Every one of our communities in King County could use a resource center and community court like this,” Tucker said. © 2019, Redmond Reporter and Sound Publishing, Inc.  Subscribe  Print Editions  Newsletters  About Us AGENDA ITEM #8. e)  Terms of Use  Privacy Policy  Contact Us      AGENDA ITEM #8. e) 1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER  3‐10 OF THE RENTON MUNICIPAL CODE CLARIFYING THE AUTHORITY OF THE  RENTON MUNICIPAL COURT, CREATING A NEW FULL‐TIME JUDICIAL POSITION,  PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.     WHEREAS, the Renton Municipal Court was created pursuant to the authority granted by  Chapter 3.50 of the Revised Code of Washington and is subject to and has all powers authorized  thereby; and  WHEREAS, RCW 3.50.055 requires that any full‐time judicial position as well as additional  judicial positions that are in combination more than one‐half of a full‐time equivalent position be  filled by election; and  WHEREAS, the City’s current and projected caseloads necessitate creation of an  additional elected judicial position and RCW 3.50.070 authorizes the City Council to create such  additional elected position by ordinance;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  ORDAIN AS FOLLOWS:  SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in  strikethrough and underline edits remain in effect and unchanged.  SECTION II. Chapter 3‐10 of the Renton Municipal Code is amended as shown in Exhibit  A, which is attached and incorporated as if fully set forth herein.    SECTION III.  If any section, subsection, sentence, clause, phrase or work of this  ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,  AGENDA ITEM #8. e) ORDINANCE NO. ________  2  such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other  section, subsection, sentence, clause, phrase or word of this ordinance.  SECTION IV. This ordinance shall be in full force and effect five (5) days after publication  of a summary of this ordinance in the City’s official newspaper.  The summary shall consist of this  ordinance’s title.      PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019.                         Jason A. Seth, City Clerk    APPROVED BY THE MAYOR this _______ day of _____________________, 2019.                         Denis Law, Mayor    Approved as to form:             Shane Moloney, City Attorney  Date of Publication:      ORD:2089:10/1/19   AGENDA ITEM #8. e) ORDINANCE NO. ________  3  Exhibit A  CHAPTER 10  MUNICIPAL COURT  SECTION:    3‐10‐1: Establishment Of Municipal Court  3‐10‐2: Term, Qualifications, Appointment, Duties, Authority, and  Compensation Of Elected Judicial Positions Election, Term And  Qualifications Of Judge  3‐10‐3: Judges Pro Tem And Commissioners  3‐10‐4: Court Sessions      3‐10‐1 ESTABLISHMENT OF MUNICIPAL COURT:  There is hereby created and established the Municipal Court of the City of Renton  (“Municipal Court”), which shall have jurisdiction and exercise all powers vested  in the court by Chapter 3.50 RCW as it now exists or may hereafter be amended,  together with such other powers and jurisdiction as are generally conferred on  such courts in Washington, either by common law or express statute.  3‐10‐2 ELECTION, TERM, AND QUALIFICATIONS, APPOINTMENT, DUTIES,  AUTHORITY, AND COMPENSATION OF ELECTED JUDGE JUDICIAL POSITIONS:  A. Judicial Positions – Term and Qualifications: There shall be two (2) full‐time  judicial positions with regular terms filled by election of City of Renton voters.   Elections shall be made in same manner as other elected City positions with terms  of four (4) years commencing on January 1, 1986, and every four (4) years  thereafter. Judges filling such positions shall be a resident and lawfully registered  AGENDA ITEM #8. e) ORDINANCE NO. ________  4  voter in King County, Washington, and an attorney admitted to practice law before  the courts of record of the state of Washington.    B. Appointment: Within thirty (30) days of the creation or vacancy of a judicial  position that is subject to election pursuant to RCW 3.50.055, the Mayor shall  appoint a judge to fill such position with an interim term commencing upon  appointment and terminating upon certification of the next regularly scheduled  judicial election.  Upon certification of such election results, the position shall be  filled by the candidate elected to fill the position in the next full four (4)‐year term.   The Mayor’s appointment is subject to confirmation by the City Council.    C. Duties and Authority:  Full‐time judges shall devote all of their professional  time to the elected or appointed office and shall not engage in the practice of law.  Before entering upon the duties of office, each judge shall take and subscribe to  the oath or affirmations required by RCW 3.50.097.  The judges shall have the  authority and duty to perform the responsibilities conferred upon the positions in  accordance with the jurisdiction granted to the Municipal Court and all applicable  statutes, ordinances, court rules, and other standards regulating such judicial  positions. The Presiding Judge may by court rule or other lawful procedure  establish fines and penalties for civil infractions or other offenses so long as such  fines and penalties are within the range allowed for such fines and penalties by  ordinance, rule, or other law.    D. Presiding Judge:  The full‐time judges shall select a Presiding Judge, which  may rotate or otherwise be changed pursuant to agreement of the judges.  Absent  AGENDA ITEM #8. e) ORDINANCE NO. ________  5  agreement, the judge with the longest term of service as a judge and/or judge pro  tem for the Municipal Court shall act as the Presiding Judge.  If each judge has the  same length of service for the Municipal Court, the default Presiding Judge shall  be the judge holding the first numbered judicial position.   E. Compensation:  Full‐time Judges shall receive a salary equal to ninety‐five  percent (95%) of the salary for a district court judge as set by the Washington State  Citizens’ Commission on Salaries for Elected Officials.  The salary shall  automatically be adjusted on the effective date of the commission’s salary  schedule.    The Judge of the Municipal Court shall be elected to office for a term of four years  commencing on January 1, 1986, and every four years thereafter. Additional part‐ time judges may be appointed by the Judge of the Municipal Court.  3‐10‐3 JUDGES PRO TEM AND COMMISSIONERS:  A. The Presiding Judge shall may appoint Judges Pro Tem or commissioners  who shall act in the absence, disability or temporary disqualification of the regular  Municipal Court Judges, or the need for more additional judicial resources than  one judge. The Judges Pro Tem or Commissions shall be qualified to hold the  position of Judge of the Municipal Court.   B. Such Pro Tem Judges and Commissioners shall receive hourly  compensation for handling the calendar on any regular or special court day and  for any other judicial services assigned by the Presiding Judge. Such compensation  shall may be set by the Presiding judge based upon market rates for Pro Tem  AGENDA ITEM #8. e) ORDINANCE NO. ________  6  Judges so long as funds available for such compensation be are available for  expenditure as determined in the City budget.   C.  The appointment authority provided in this Section does not apply to  regular full‐ or part‐time positions which are subject to election pursuant to RCW  35.50.055.    3‐11‐4 COURT SESSIONS:  The Municipal Court shall be open for regular session Monday through Friday of  each week, except City and judicial holidays. The time for operation of court and  administrative services on those days shall be established by the Presiding Judge.  The Presiding Judge shall have the authority to establish additional court dates, by  order of the Municipal Court, to provide effective and efficient administration of  justice. This Section shall not act as a limitation of actions of the Municipal Court  Judges regarding items such as telephonic approval of search warrants, issuance  of no contact orders, or determinations as to probable cause.    AGENDA ITEM #8. e) AB - 2477 City Council Regular Meeting - 07 Oct 2019 SUBJECT/TITLE: Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 Local Solicitation RECOMMENDED ACTION: Council Concur DEPARTMENT: Police Department STAFF CONTACT: Kevin Keyes, Deputy Chief EXT.: 7597 FISCAL IMPACT SUMMARY: The Renton Police Department has been awarded a total of $26,140 to be used through September 30, 2020. SUMMARY OF ACTION: The City of Renton Police Department has applied for, and been awarded the 2017 Edward Byrne Memorial Justice Assistance Grant to help fund the Renton Police Department. The grant requires no contributing funds for eligibility. It does require that the application, in its entirety, be made available to the Mayor and City Council for their review and comments. This is the fourteenth year that the City of Renton has applied for this grant and successfully received the funding’s. The grant will assist with domestic violence, human trafficking, and sexual assault training for the Renton Police Department. This agency has a history of ensuring members of the organization receive the best possible training. However, since training can be costly, officers who att end outside training are required to bring this information back to their respective workgroups. Additionally, any new tactics or techniques for investigating a crime are put into department wide training and regularly implemented department wide. This is the best way to maximize the use of this training money, essentially more than tripling its effectiveness. The domestic violence victim advocate will be funded for additional overtime during major domestic violence cases or for detailed work on specific cases or projects. Funds will also be utilized to send Renton Police personnel to technology related training. Technology is continuing to change at a rapid rate and the software and programs need to be updated and purchased to assist in holding suspects a ccountable. Equipment funds will primarily be used for technological advances for the department. The added advantage here is that the Renton Police Department is utilizing its new expertise in attempting to locate, identify, investigate, and have the needed information in a timely manner. Our projects require a certain amount of regular and ongoing supplies to keep current. Such supplies include training and educational materials, printing materials, public display materials, and repair or replacement materials for printers, copiers, and laptops. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor to sign the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 Local Solicitation and MOU. AGENDA ITEM #8. f) FY 17 JAG Interagency Agreement, Page 1 of 7 Memorandum of Understanding Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Renton, hereinafter referred to as “Subrecipient” JAG Grant Manager: Deputy Chief Kevin Keyes 1055 Grady Way Renton, WA 98057 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. AGENDA ITEM #8. f) FY 17 JAG Interagency Agreement, Page 2 of 7 City of Renton City of Seattle Denis Law, Mayor Date Mark R. Baird, Chief Operating Officer, Seattle Police Department Date: ____________ Jason Seth, City Clerk Date Shane Maloney, City Attorney Date Authorized by:Edward Byrne Memorial Justice Assistance Grant (JAG) Program WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the JAG Program supports all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, the United States Congress authorized $657,975 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award with a single, joint application; and WHEREAS, the City of Seattle (“City”), as the identified Fiscal Agent, submitted the joint application to the Bureau of Justice Assistance on September 5, 2017 to request JAG Program funds; and WHEREAS, based on the City’s successful application, the Bureau of Justice Assistance has awarded $657,975 to the City from these JAG Program funds; and WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for this award, is to distribute grant funds to co-applicants, the City intends to transfer some of the JAG funds it receives to those co-applicants; and WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; AGENDA ITEM #8. f) FY 17 JAG Interagency Agreement, Page 3 of 7 NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains seven Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2020 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs. ARTICLE III: SPECIAL CONDITIONS 1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 2. The Subrecipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the City’s receipt of appropriated federal funds. The Subrecipient agrees that it will not hold the City or the Department of Justice liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the City’s receipt and distribution of federal funds. In the event that the Department of Justice requires the City to repay awarded funds for failure to comply with Special Conditions 52-56 listed in Attachment A, the Subrecipient will repay the City any funds it received under this Agreement that the City is required to repay to the federal government. Subrecipient further acknowledges and agrees that the City may reject federal funds if it is required to comply with Special Conditions 52-56 as a prerequisite for receiving these funds. Subrecipient will not pursue the City for such funds but may be able to pursue the federal government. 3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY 2017 Justice Assistance Grant Program Award # 2017-DJ-BX-0496. All federal financial and grant management rules and regulations must be adhered to in the execution of this contract. Exhibit Attachment A is a copy of the federal award documents. All special conditions stated in the award documents apply to the execution of this AGENDA ITEM #8. f) FY 17 JAG Interagency Agreement, Page 4 of 7 contract. All Subrecipients are assumed to have read, understood, and accepted the Award as binding. 4. The Subrecipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2017 Local Solicitation. Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation. All Subrecipients are assumed to have read, understood, and accepted the Local Solicitation as binding. 5. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Subrecipient’s first quarterly report after a subaward is made. 6. The Subrecipient shall comply with all applicable laws, regulations, and program guidance. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R Part 2800 (together, the “Part 200 Uniform Requirements”) apply to this 2017 award from the Office of Justice Programs (OJP). 7. The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. a. Non-Federal entities that expend $500,000 or more in one fiscal year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133- Audits of States, Local Governments, and non-Profit Organizations. Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO). b. Subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying the Washington State Auditor’s Office and requesting an audit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-recipients also maintain auditable records. d. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Subrecipient must respond to requests for information or corrective action concerning audit AGENDA ITEM #8. f) FY 17 JAG Interagency Agreement, Page 5 of 7 issues or findings within 30 days of the date of request. The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. e. If applicable, once any single audit has been completed, the Subrecipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Subrecipient must send the audit and the letter no later than nine months after the end of the Subrecipient’s fiscal year(s) to: Faye Landskov, JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 f. In addition to sending a copy of the audit, the Subrecipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subrecipient shall include the above audit requirements in any subcontracts. g. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requirements, including, but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BJA reporting requirements. h. Suspension and Debarment: The Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subrecipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subrecipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Subrecipient shall provide immediate written notice to the City if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subrecipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Subrecipient shall include the requirement in this section in any subcontracts. ARTICLE IV: SCOPE OF WORK AGENDA ITEM #8. f) FY 17 JAG Interagency Agreement, Page 6 of 7 The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B: JAG Budget Worksheet, as approved by BJA. Attachment B is attached to and made part of this agreement. The work shall, at all times, be subject to the City’s general review and approval. The Subrecipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Subrecipient’s progress. ARTICLE V: PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $26,140. The Subrecipient shall incur authorized allowable expenses in accordance with the Project Budget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Subrecipient, once the interest balance accrued equals at least $1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly statement has been sent, to perform tasks in accordance with the Project Budget, as detailed in Attachment B. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates, which can be found at: http://www.gsa.gov. 2. Manner of Payment The Subrecipient shall submit reimbursement requests not more than monthly, and at least quarterly. After the first quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. With each reimbursement request, the Subrecipient shall submit: Detailed spreadsheet of expenditures by task and related financial documents (timesheets, invoices) These documents and invoices must be kept on file by the Subrecipient and be made available upon request by the City or to state or federal auditors, for at least six years after the closure of the grant. Reimbursement will not be processed without accompanying documentation for the corresponding costs. Once the above conditions are met, payment shall be made by the City to the Subrecipient. AGENDA ITEM #8. f) FY 17 JAG Interagency Agreement, Page 7 of 7 Submit invoicing to Submit Documentation to Fiscal Accounts Payable Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 SPDAP@seattle.gov Faye Landskov, JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 Article VI. COOPERATION IN MONITORING AND EVALUATION. 1. SPD Responsibilities: SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. SPD has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. SPD may require Subrecipient to take corrective action if deficiencies are found. SPD will not monitor Subrecipient’s adherence to Special Conditions 52-56 in the Grant Award and Special Conditions documents. 2. Subrecipient Responsibilities. a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. b. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of SPD, DOJ, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. ARTICLE VII: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. AGENDA ITEM #8. f) Page 1 of 3 Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2017 Edward Byrne Memorial Justice Assistance Grant. I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: City of Auburn City of Bellevue City of Burien Des Moines City of Federal Way City of Kent King County City of Renton City of SeaTac City of Seattle City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3% administrative fee for these services. AGENDA ITEM #8. f) Page 2 of 3 The allocation of funding is as follows: Auburn $30,568 Bellevue $14,118 Burien $21,078 Des Moines $11,122 Federal Way $34,331 Kent $33,998 King County $201,131 Renton $26,140 SeaTac $17,415 Seattle $252,157 Tukwila $15,917 Total Allocation $657,975 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Interagency Agreements with all participating jurisdictions. AGENDA ITEM #8. f) Page 3 of 3 Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: Signature: Name & Title: AGENDA ITEM #8. f) AB - 2471 City Council Regular Meeting - 07 Oct 2019 SUBJECT/TITLE: Cost Reimbursement Agreement RECOMMENDED ACTION: Council Concur DEPARTMENT: Police Department STAFF CONTACT: Dave Leibman, Commander EXT.: 7573 FISCAL IMPACT SUMMARY: The Renton Police Department will be reimbursed up to $17,680.67 in overtime funds. SUMMARY OF ACTION: The proposed agreement would allow the Renton Police Department to receive funds from, and work with, the King County Sheriff's Office for the purpose of verifying the address and residency of registered sex and kidnapping offenders. The goal of this verification is to improve public safety by establishing a greater presence and emphasis by the Renton Police Department in Renton neighborhoods. The Detectives work overtime doing this, and then the Police Department submits the overtime to the King County S heriff's Office for reimbursement under this grant. EXHIBITS: A. Cost Reimbursement Agreement STAFF RECOMMENDATION: Authorize the Mayor to sign the Cost Reimbursement Agreement AGENDA ITEM #8. g) Cost ReimbursementAgreement Executed By King County Sheriffs Office,a department of King County,hereinafter referred to as “KCSO,” Department Authorized Representative: Mitzi J ohanknecht,Sheriff King County Sheriff’s Office W-150 King County Courthouse 516 Third Avenue Seattle,WA 98104 and Renton Police Department,a department of the City of Renton,hereinafter referred to as “”Contractor,” Department Authorized Representative: Ed VanValey,Chief of Police 1055 South Grady Way Renton,Washington 98057 WHEREAS,KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders;and WHEREAS,the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods;and ‘ WHEREAS,as part of this coordinatedeffort,Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction,and WHEREAS,KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Veri?cation Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose,and WHEREAS,KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE,the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated AGENDA ITEM #8. g) \V Cost ReimbursementAgreement with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below.This Interagency Agreement contains eleven (11) Articles: ARTICLE I.TERM OF AGREEMENT The term of this Cost ReimbursementAgreement shall commence on July 1,2019 and shall end on June 30,2020 unless terminated earlier pursuant to the provisions hereof. ARTICLE II.DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Veri?cation Program.The program’s purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face—to—faceveri?cation of a registered sex and kidnapping offender’s address at the place of residency.In the case of 0 level I offenders,once every twelve months. -of level II offenders,once every six months. I of level III offenders,once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level 1,unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III.REPORTING Two reports are required in order to receive reimbursementfor grant—related expenditures.Both forms are included as exhibits to this agreement.“Exhibit A”is the Offender Watch generated “Registered Sex Offender Veri?cation Request (WA)” that the sex or kidnapping offender completes and signs during a face-to-face contact. “Exhibit B”is an “Officer Contact Worksheet”completed in full by an officer/detectiveduring each veri?cation contact.Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report fonns are to be submitted by the 5th of the month following the end of the quarter.The first report is due October 5,2019. Quarterly progress reports shall be delivered to Attn:Tina Keller,Project Manager King County Sheriffs Office 500 Fourth Avenue,Suite 200 M/S ADM—SO-0200 Seattle,WA 98104 Page 2 of6 August 11,2019 AGENDA ITEM #8. g) Cost ReimbursementAgreement Phone:206-263-2122 Email:tina.l<eller@l<ingcounty.gov ARTICLE IV.REIMBURSEMENT Requests for reimbursementwill be made on a monthly basis and shall be forwarded to KCSO by the 10”‘of the month following the billing period. Please note the following terms will be adhered to for the 2019-2020 Registered Sex Offender Address Veri?cation Program: 0 Any agency not meeting at least 90%of required veri?cations will not receive that quarter’s grant payment. 0 Any agency not using Offender Watch to track veri?cations will not receive that quaiter’s grant payment. Overtime reimbursementsfor personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Veri?cation Program will be calculated at the usual rate for which the individual’s’time would be compensated in the absence of this agreement. Each request for reimbursementwill include the name,rank,overtime compensation rate,number of reimbursablehours claimed and the dates of those hours for each of?cer for whom reimbursement is sought.Each reimbursementrequest must be accompanied by a certi?cation signed by an appropriate supervisor of the department that the request has been personally reviewed,that the informationdescribed in the request is accurate,and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Veri?cation Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1.For the purpose of verifying the address and residency of registered sex and kidnapping offenders;and 2.For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods;and 3.For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Page 3 of6 August 11,2019 AGENDA ITEM #8. g) Cost ReimbursementAgreement Any non-overtime related expenditures must be pre—approvedby KCSO.Your request for pre—approvalmust include:1)The item you would like to purchase, 2)The purpose of the item,3)The cost of the item you would like to purchase.You may send this request for pre—approvalin email format.Requests for reimbursement from KCSO for the above non—oVertimeexpenditures Est be accompanied by a spreadsheet detailing the expenditures as well as a vendor’s invoice and a packing slip.The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursementand be within the overall contract amount.Over expenditures for any reason,including additional cost of sales tax,shipping,or installation,will be the responsibility of the Contractor. Requests for reimbursementmust be sent to Attn:Tina Keller,Project Manager King County Sheriffs Office 500 Fourth Avenue,Suite 200 Seattle,WA 98104 Phone:206-263-2122 Email:tina.keller@kingcounty.gov The maximum amount to be paid under this cost reimbursementagreement shallnot exceed Seventeen Thousand Six Hundred Eighty Dollars and Sixty Seven Cents ($17,680.67).Expenditures exceeding the maximum amount shall be the responsibility of Contractor.All requests for reimbursementmust be received by KCSO by July 31,2020 to be payable. ARTICLE V.V WITNESS STATEMENTS "Exhibit C”is a “Sex/KidnappingOffender Address and Residency Veri?cation Program Witness StatementForm.”This form is to be completed by any witnesses encountered during a contact when the offender is suspected of ngt living at the registered address and there is a resulting felony “Failure to Register as a Sex Offender”case to be referred/?led with the KCPAO.Unless,due to extenuating circumstancesthe witness is incapable of writing out their own statement,the contacting officer/detectivewill have the witness write and sign the statement in their own handwriting to contain,verbatim,the infonnation on the witness form. ARTICLE VI.FILING NON—DISCOVERABLEFACE SHEET “Exhibit D”is the “Filing Non-DiscoverableFace Sheet.”This form shall be attached to each “Felony Failure to Register as a Sex Offender”case that is referred to the King County Prosecuting Attorney’s Office. ARTICLE VII.SUPPLEMENTING,NOT SUPPLANTING Page 4 of6 August 11,2019 AGENDA ITEM #8. g) Cost ReimbursementAgreement Funds may not be used to supplant (replace)existing local,state,or Bureau of IndianAffairs?inds that would be spent for identical purposes in the absence of the grant. Overtime —To meet this grant condition,you must ensure that: 0 Overtime exceeds expenditures that the grantee is obligated or funded to payforregisteredsexandkidnappingoffenderaddressandresidencyverificationinthecurrentbudget.Funds currently allocated to pay for registered sex andkidnappingoffenderaddressandresidencyverificationovertimemaynotbereallocatedtootherpurposesorreimbursedupontheawardofagrant. 0 Additionally,by the conditions of this grant,you are required to track allovertimefundedthroughthegrant. ARTICLE VIII.HOLD HARMLESS/INDEMNIFICATION Contractor shall protect,defend,indemnify,and save harmless King County,itsofficers,employees,and agents from any and all costs,claims,judgments,and/orawardsofdamages,arising out of or in any way resulting from,the negligent acts oromissionsofContractor,its officers,employees,contractors,and/or agents related toContractor’sactivities under this Agreement.Contractoragrees that its obligationsunderthisparagraphextendtoanyclaim,demand,and/or cause of action brought by,or on behalf of any of its employees or agents.For this purpose,Contractor,bymutualnegotiation,hereby waives,as respects King County only,any immunitythatwouldotherwisebeavailableagainstsuchclaimsundertheIndustrialInsuranceprovisionsofTitle51RCW.In the event King County incurs any judgment,award,and/or cost arising therefrom including attorney’s fees to enforce the provisions ofthisarticle,all such fees,expenses,and costs shall be recoverable from Contractor.The provisions of this section shall survive the expiration or termination of thisAgreement. ARTICLE IX.INSURANCE Contractor shall maintain insurancepolicies,or programs of self-insurance,sufficienttorespondtoallofitsliabilityexposuresunderthisAgreement.The insurance orself-insuranceprograms maintainedby the Contractorengaged in work contemplatedinthisAgreementshallrespondtoclaimswithinthefollowingcoveragetypesandamounts: General Liability.Coverage shall be at least as broad as Insurance ServicesOfficeformnumberCG0001coveringCOMMERCIALGENERALLIABILITY.$5,000,000 combined single limit per occurrence,and for thosepolicieswithaggregatelimits,at $5,000,000 aggregate limit.King County,itsofficers,officials,employees,and agents are to be covered as additionalinsuredsasrespectsliabilityarisingoutofactivitiesperformedbyoronbehalfoftheCity.AdditionalInsured status shall include Products—CompletedOperations-CG 20 1011/85 or its equivalent. Page 5 of6 August 11,2019 AGENDA ITEM #8. g) Cost ReimbursementAgreement By requiring such liability coverage as speci?ed in this Article IX,King County hasnot,and shall not be deemed to have,assessed the risks that may be applicable toContractor.Contractorshall assess its own risks and,if deemed appropriate and/orprudent,maintain greater limits or broader coverage than is herein speci?ed. Contractor agrees to maintain,through its insurancepolicies,self—fundedprogram oranalternativeriskofloss?nancing program,coverage for all of its liability exposuresforthedurationofthisAgreement.Contractor agrees to provide KCSO with at leastthirty(30)days prior written notice of any material change or alternative risk of loss?nancing program. ARTICLE X.N0 THIRD PARTY BENEFICIARIESTherearenothirdpartybene?ciariesto this agreement.This agreement shall notimpartanyrightenforceablebyanypersonorentitythatisnotapartyhereto. ARTICLE XI.AMENDMENTS No modi?cation or amendment of the provisions hereof shall be effective unless inwritingandsignedbyauthorizedrepresentativesofthepartieshereto.The partiesheretoexpresslyreservetherighttomodifythisAgreement,by mutual agreement. IN WITNESS WHEREOF,the parties have executed this Agreement by having theirrepresentativesaf?x their signatures below. Renton Police Department KING COUNTY SHERIFF’S OFFICE Denis Law,Mayor Mitzi Johanknecht,Sheriff Date Date Attest: Jason,Seth,City Clerk Date City Attorney,City of Renton Date Page 6 oft’:August ll,2019 AGENDA ITEM #8. g) EXHIBITA Page:1 Ver1?cat10nRe quest Agency:King County WA Sheriffs Office Administrator:King County Sheriffs Of?ce Rscphone;(206)263-2120 Date:6/16/2016 Offender information Offender Photo Name test .lest Registration 1!2353755 “ ~ ‘._V ‘.i ,. FOB SSN ‘2 DOB 01/01/1990 Age 26 Alt Reg # sex‘mien,Drv.Lic./State \‘-PHOTONOTAVAILABLEL. R309 Nat.No Selection .FBI A ‘ Height 'Hair state In Weight Eyes Last Verified: } Risk Type Date Com m. Active Officer Alert LOOKHEREFOR OFFICERSAFETYINFORMATION Employmentlschool Name Address Supervisor Phone Residence (Bold -Primary Home Address) Street ' ScarsiTattoos Location Type Phone (Bold -Primary Contact Numbers)Number Type Description Description Vehicle ‘:- Make 'Model Colo _ Year License State VIN Comments.‘V Offense ‘‘“ Date RS Code/Description Convicted Released Case #Crime Details i do hereby attest,under penalties of perjury,that any and all informationcontained here is current and accurate on this day of 20 Offender Signature: Of?cer Signature:Date: Produced by Oilenzierwaich-www.wa|chsyslems.r:um AGENDA ITEM #8. g) u>DZHU<“m>?omemEmmoEmo Q<mQHmmmmmQm<momoz<:uHVx:<_.Z.mmazmauoHw3203HOZHm,amSmmm<HommmEoo<n_<mHmezmzmt?mEOOEHm5%MO”.mmaomHmQm>O§mmozmmmoH _ SmmmoooHQ<.HZOO* ”ZOEL<Am.mZBOZMAZBOZMZDVmzozummozmnaoOHZOCL<qmMmmHA4.umzommmqme ”nmN\>HHO..mmmmoQ<OZ3H<E“moouzommmmozimommm"ZOHH<..>EOmZHwem?UZHHMOMHM OZ£5uzmca?ezmzm?aem"mgHU<H.ZOD OZ5:mz9mm<mmmg?zmm<oMFROZ£5uHD<.HZODzommmm7:mg ".HU<HZODmoSbmmm Hm=>:H..m:>5“SD28\mH<Q"5223mF<D EEC.“ms?"Siam\m.~<m"Sam?\mH<m “MEGA_mE>:H"Emma:\mH<Q"Sam?\mH<QUZHQOUMOWBoqmmEEmm?nmeo?uzooMOHEELQEH49 "QMHOEmom"Z305EAEHQMHQZHRMOQZOHMAMMO3ummwoqmza “HOODMHNQZOHAAMHQZHMROu..?N\H.H<,Hm\>,HHU”mm$En< "MODnH~>H<Zwmmnzmmmoumwn?mnMHQZHFHO Emmmmmok,HO<H.ZOOMHUEHO ZO~.H<UHmHMH>mmmm::<mmnzmmmoMamnmmmem?wmmm AGENDA ITEM #8. g) EXHIBIT C Date Agency/Of?cer Incident number Witness Statement—Failure to Register Suspect’s Name: Suspect’sLast Registered Address: Witness’Name: Witness’s Home Address: Witness’Home Phone Number Cell:Other: How do they know the suspect (please be as detailed as possible)? *If suspect rented an apartment or a room from the witness,please have them provide a copy ofanydocumentationstothiseffectandanydocumentationsthesuspectmovedout. Did the witnessever see the suspect at his/her last registered address? How often would they see him/her there? When did the witnessstart seeing him/her there? When did they stop? Why did the suspect stop staying at the address? Did the suspect keep any personal belongingsthere? In general,when is the last time they saw the suspect ? Do they know where the suspect moved to or their current whereabouts? Can they provide the names and contact informationof any other witnesseswho would have seenthesuspectstayingathis/her last registered address? Is the witnesswilling to assist in prosecution? Under penalty of perjury of the laws of the State of Washington,I certify that the foregoingistrueandcorrect. Witness’Signature date AGENDA ITEM #8. g) EXHIBITD WASPC GRANT FILING NON-DISCOVERABLE TO:KCPAO —Special Assault Unit—Seattle DATE: FROIVII INCIDENT#: AGENCY: SUSPECT #1: DOB: V RACE:SEX:F HGT:WGT: SUSP #1 ADDRESS: CHARGE:Failure to Register as a Sex Offender DATE OF CRIME: VICTIM#1:State of Washington DOB: VICTIM#2:DOB: INTERVIEWEDBY:NO ONE DPA NAME: TYPE OF CASE:FTR —Failure To Register OTHER TYPE: THIS CASE IS BEING REFERRED FOR THE FOLLOWINGREASONSFILINGOFCHARGES:—Comments: DECLINE:-Comments: WASPC STATISTICALREPORTING TO KCSO Case Referral Received by KCPAO on this date: Case filed by KCPAO:YES NO Cause Number Assigned: If no,please indicate why: Other Explanation: AGENDA ITEM #8. g) AB - 2472 City Council Regular Meeting - 07 Oct 2019 SUBJECT/TITLE: Interlocal Agreement for School Resource Officers between the City of Renton and Renton School District No. 403 RECOMMENDED ACTION: Council Concur DEPARTMENT: Police Department STAFF CONTACT: Jeff Eddy, Commander EXT.: 7512 FISCAL IMPACT SUMMARY: The Renton School District will pay the City $85,000 per year, per School Resource Officer assigned to the District. SUMMARY OF ACTION: School Resource Officer programs have many benefits, including preventing and responding to school -based crime; fostering positive relationships among law enforcement, educators, and youth; and helping to promote a positive school climate. The City of Renton, the Renton Police Department, and the Renton School District share the desire to promote law enforcement services to the students who attend Renton schools within the city limits of Renton. The purpose of this interlocal is to place three School Resource Officers within the Renton School District for the 2019-2020 school year. EXHIBITS: A. Interlocal Agreement B. Resolution STAFF RECOMMENDATION: Authorize the Mayor to sign the Interlocal Agreement for School Resource Officers. AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 1 INTERLOCAL AGREEMENT For SCHOOL RESOURCE OFFICERS Between THE CITY OF RENTON and RENTON SCHOOL DISTRICT NO. 403 In Accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Renton ("The City"), and Renton School District No. 403 ("The District"), each of which is a Washington Municipal Corporation, hereby enter into the following INTERLOCAL AGREEMENT: RECITALS WHEREAS: A. The District and the City desire to promote law enforcement and related services to Renton High School, Hazen High School, Lindbergh High School and other Renton District Schools within the City; B. A School Resource Officer Program has been proposed for District High Schools within the City as hereinafter described; C. The District and the City recognize the potential benefits of the School Resource Officer Program to the citizens of the City and particularly to the students and staff of the District High Schools within the City; and D. It is in the best interest of the citizens and residents of the District and the City to establish this program, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. TERM of AGREEMENT and RENEWAL 1.1 This Agreement shall commence as of September 1, 2019 and shall terminate as of August 31, 2020. 1.2 This Agreement may be renewed by written agreement of both Parties. 1.3 The Agreement may be terminated by either party by ninety (90) days written statement of termination directed to the other party. Should the Agreement be terminated be either party, the District shall pay the City for services provided through the termination date, and the City will reimburse the District on a prorated basis for any payment previously made in advance of services provided by the City. II. SCHOOL RESOURCE OFFICER PROGRAM 2.1 A School Resource Officer Program has been established between the City of Renton Police Department ("Renton PD") and the District, with services provided to Renton District High Schools within the City of Renton. Said program shall continue for the term of this agreement. 2.2 Through the School Resource Officer Program, the District and the Renton PD have committed to providing a safe school environment that promotes education and SRO interaction with students in a positive caring manner. This is accomplished with a committed partnership among the school, student, staff, parents, police department, and neighbors to enhance the schools and the community. AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 2 III. RIGHTS AND DUTIES OF THE RENTON PD 3.1 The Chief of the Renton PD ("the Chief'') shall assign three (3) regularly employed police officers as School Resource Officers ("SROs") to Renton High School, Hazen High School and Lindbergh High School in the City of Renton and will also provide additional services, as described herein, to other Renton District Schools located within the City of Renton. 3.2 The SROs shall be assigned to the District for a minimum of twenty (20) hours per week while school is in session. Additional time may be authorized by the department at the request of the school district not to exceed a total of forty (40) hours per week subject to department approval and provided the SRO's assistance is not required for other police activities away from the school. Absences from the school by the SRO during the school year for training or other Renton PD activities shall not exceed five (5) school days in duration at any one time. The Renton PD may temporarily reassign the SRO during school holidays and vacations. 3.3 The SRO shall also act as an instructor for specialized, short-term law enforcement related programs at the High Schools or other District schools within Renton when invited to do so by the principal or member of the faculty. 3.4 The SROs shall have the following additional duties and responsibilities: 3.4.1 When requested by the principal, the SRO shall attend parent/faculty meetings to solicit support and understanding of the program. 3.4.2 The SRO shall make him/herself available for conferences with students, parents and faculty members in order to assist them with problems of law enforcement or crime prevention in nature. 3.4.3 The SRO shall become familiar with all community agencies which offer assistance to youth and their families such as youth job placement assistance, mental health clinics, drug treatment centers, etc. The SRO shall make referrals to such agencies when necessary thereby acting as a resource person to the students, faculty, and staff of the school. 3.4.4 The SRO shall assist the principal and the District's Director of Safety and Security in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest. 3.4.5 The SRO shall assist and advise the District's Director of Safety and Security in planning and coordinating the work of the District and School Safety Officers who work under the supervision of the Director of Safety and Security 3.4.6 Should it become necessary to conduct formal police interviews with a student, the SRO shall adhere to the Renton PD policies and legal requirements with regard to such interviews. 3.4.7 The SRO shall take law enforcement action as required, including but not limited to appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school activities. As soon as practicable, the SRO shall make the principal of the school aware of any law enforcement action. 3.4.8 The SRO shall give assistance to other police officers in matters regarding his/her school assignment, whenever necessary. 3.4.9 The SRO shall patrol the assigned school and surrounding neighborhoods in order to identify, investigate, and prevent incidents involving weapons, violence, harassment, intimidation, and other AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 3 law violations. The SRO may also be assigned investigations related to runaways, assaults, thefts, and truancy, provided such investigations relate to the students attending the school to which the SRO is assigned. The SRO may also be assigned or provide traffic enforcement duties at the schools and surrounding neighborhoods. Such duties may include school zone speed enforcement. 3.4.10 The SRO shall maintain detailed and accurate records of the operation of the School Resource Officer Program. 3.4.11 The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the law, the principal is expected to contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. The SRO must understand when to informally interact with a student and when to enforce the law; their focus should be on keeping students out of the criminal justice system, when possible and should not to use to attempt to impose criminal sanctions that are more appropriately handled within the educational system. 3.4.12 The SRO shall not be used for regularly assigned duties such as lunchroom duty. If there is a problem area, the SRO may assist the school until the problem is solved. The SRO serves in a role to teach, act as an informal counselor, and as a law enforcement officer. 3.4.13 The SRO shall have a primary obligation to the City, not the School District. This contract and performance thereof by the City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this contract. The law enforcement/peacekeeping duties to be performed pursuant to the contract are the same in extent and scope as those provided by police officers to every member of the public. 3.4.14 Any exceptions to the above must be mutually agreed upon by the Chief of Police of the Renton PD, the School District, and the School Principal. IV. RIGHTS AND DUTIES OF THE DISTRICT 4.1 The District shall provide the SRO with the materials and facilities necessary to the performance of the SRO duties at the assigned High School. 4.2 The following materials and facilities are deemed necessary to the performance of the SRO's duties: 4.2.1 Access to a properly lighted private office with a telephone that may be used for general business purposes. 4.2.2 A location for files and records that can be properly locked and secured. 4.2.3 A desk with drawers, a chair, work table, filing cabinet, and officer supplies. 4.2.4 Access to a computer, and/or clerical assistance. V. FINANCING OF THE SCHOOL RESOURCE OFFICER 5.1 The District will compensate the City for a portion of the salary and benefits incurred for the assigned School Resource Officers on a monthly basis for the duration of the agreement. The District will pay the City $85,000 each school year, for each SRO assigned, prorated and invoiced on a monthly basis. 5.2 Any overtime hours requested and authorized by either party to this Agreement shall be paid by the party requesting and authorizing the additional overtime hours. If the District requests and authorizes the AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 4 overtime hours, the District will be separately invoiced for the direct salary and related benefits for the overtime hours worked by the assigned SRO. VI. EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICERS The SROs shall be employees of the Renton PD and shall not be employees of the School District. The School District and the Chief acknowledge that the SROs shall remain under the direct supervision of the Renton PD. VII. APPOINTMENT OF SCHOOL RESOURCE OFFICERS 7.1 The SRO must be a volunteer for the position with a minimum of three (3) years of law enforcement service or experience, unless the only available volunteers have lesser experience. 7.2 The appointment of the SRO shall be at the discretion of the Chief based upon: 7.2.1 A written application to the Chief that outlines his/her qualifications; and 7.2.2 Input from the Superintendent of Schools or his/her designee, and the District's Director of Safety and Security. 7.3 Additional criteria for consideration by the Chief shall include job knowledge, training, education, appearance, attitude, communication skills, and bearing. VIII. DISMISSAL OF SCHOOL RESOURCE OFFICER; REPLACEMENT 8.1 In the event the district determines that the SRO is not effectively performing his or her duties and responsibilities, the district shall state the reasons therefore in writing, and shall request a mediation process, as described herein, to resolve the issue(s) identified. If the Chief desires, the Superintendent and Chief, or their designees shall meet with the SRO to mediate or resolve the identified problems. At such meeting, specified school or district staff may be required to be present. If, within a reasonable amount of time after commencement of such mediation the problem cannot be resolved or mediated or in the event mediation is not sought by the chief, then the SRO shall be removed from the program and a replacement shall be obtained. 8.2 The Chief may dismiss or reassign the SRO based upon Renton PD rules, regulation, and/or general orders and when it is in the best interest of the Parties, the students and the citizens of the City of Renton. 8.3 In the event of the resignation, dismissal, or reassignment of the SRO, or in the case of long term absences by the SRO, the Chief shall provide a temporary replacement for the SRO within thirty (30) school days of such absence, dismissal, resignation, or reassignment. As soon as practicable, the chief shall appoint a permanent replacement for the SRO position. IX. LIABILITY Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees, and its agents. Each party shall be responsible for its own negligence; neither party shall indemnify nor hold the other party harmless. X. MISCELLANEOUS PROVISIONS 9.1 Effective Date. This Agreement shall be effective upon ratification by action of the governing body and execution by the chief Executive Officer of each of the Parties. AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 5 9.2 Amendment. This Agreement may be amended only upon consent of all Parties hereto. Any amendment hereto shall be in writing and shall be ratified and executed by the Parties in the same manner in which it was originally adopted. 9.3 Waiver. The waiver by any Party of any breach of any term, covenant, or condition of the Agreement shall not be deemed a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 9.4 Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 9.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or whether signed in counterparts. 9.7 Notices. Except as otherwise provided in the Agreement, any notice required be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested, or by personal service to: Dr. Damien Pattenaude, Superintendent Renton School District No. 403 300 SW 7th Street Renton, WA 98057 Ed VanValey, Chief of Police City of Renton Police Department 1055 South Grady Way Renton, WA 98057 EXECUTED and APPROVED by the Parties in identical counterparts of this Agreement, each of which shall be deemed an original hereof, on the dates set forth below. Dated this ___ day of __________________, 2019. CITY OF RENTON By: ______________________________________ Denis Law, Mayor Attest: _______________________________________ Jason A. Seth, CMC, City Clerk RENTON SCHOOL DISTRICT By: ______________________________________ Damien Pattenaude, Superintendent, By: ______________________________________ Laurie Taylor, Assistant Superintendent AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 6 Approved as to Legal Form: _______________________________________ Shane Moloney, City Attorney At the direction of the Renton School Board at and open public meeting held on: _____________________________________ AGENDA ITEM #8. h) 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. _______    A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE  MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT FOR  SCHOOL RESOURCE OFFICERS WITH RENTON SCHOOL DISTRICT NO. 403 FOR  2019 – 2021.     WHEREAS, the City and Renton School District No. 403 (“District”) are authorized,  pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative agreement;  and   WHEREAS, the District and the City desire to promote law enforcement and related  services to Renton High School, Hazen High School, Lindbergh High School and other District  schools within the City; and   WHEREAS, a School Resource Officer Program (the “Program”) was established by CAG‐ 15‐114, Interlocal Agreement for School Resource Officers dated May 13, 2015, which expired on  June 30, 2017; and  WHEREAS, the City and District reestablished the Program by entering into CAG‐17‐223,  which expired on June 30, 2019; and  WHEREAS, the District and the City continue to recognize the potential benefits of the  Program to the citizens of the City and particularly to the students and staff of the District high  schools within the City; and   WHEREAS, through the Program, the District and the Renton Police Department have  committed to providing a safe school environment that promotes education and interaction with  students in a positive caring manner; and  AGENDA ITEM #8. h) RESOLUTION NO. _______  2   WHEREAS, it is in the best interest of the citizens and residents of the District and the City  to reestablish this program by entering into a new interlocal agreement;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  RESOLVE AS FOLLOWS:  SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal  agreement for School Resource Officers with the District for 2019 – 2021 attached hereto as  Exhibit “A” and incorporated by this reference.   PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2019.        ______________________________  Jason A. Seth, City Clerk       APPROVED BY THE MAYOR this ______ day of _____________________, 2019.        ______________________________  Denis Law, Mayor            Approved as to form:      ______________________________  Shane Moloney, City Attorney    RES.1819:8/28/19:scr       AGENDA ITEM #8. h) RESOLUTION NO. _______  3                  EXHIBIT “A”  INTERLOCAL AGREEMENT FOR  SCHOOL RESOURCE OFFICERS BETWEEN  THE CITY OF RENTON AND RENTON SCHOOL DISTRICT NO. 403    AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 1 INTERLOCAL AGREEMENT For SCHOOL RESOURCE OFFICERS Between THE CITY OF RENTON and RENTON SCHOOL DISTRICT NO. 403 In Accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Renton ("The City"), and Renton School District No. 403 ("The District"), each of which is a Washington Municipal Corporation, hereby enter into the following INTERLOCAL AGREEMENT: RECITALS WHEREAS: A. The District and the City desire to promote law enforcement and related services to Renton High School, Hazen High School, Lindbergh High School and other Renton District Schools within the City; B. A School Resource Officer Program has been proposed for District High Schools within the City as hereinafter described; C. The District and the City recognize the potential benefits of the School Resource Officer Program to the citizens of the City and particularly to the students and staff of the District High Schools within the City; and D. It is in the best interest of the citizens and residents of the District and the City to establish this program, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. TERM of AGREEMENT and RENEWAL 1.1 This Agreement shall commence as of September 1, 2019 and shall terminate as of August 31, 2020. 1.2 This Agreement may be renewed by written agreement of both Parties. 1.3 The Agreement may be terminated by either party by ninety (90) days written statement of termination directed to the other party. Should the Agreement be terminated be either party, the District shall pay the City for services provided through the termination date, and the City will reimburse the District on a prorated basis for any payment previously made in advance of services provided by the City. II. SCHOOL RESOURCE OFFICER PROGRAM 2.1 A School Resource Officer Program has been established between the City of Renton Police Department ("Renton PD") and the District, with services provided to Renton District High Schools within the City of Renton. Said program shall continue for the term of this agreement. 2.2 Through the School Resource Officer Program, the District and the Renton PD have committed to providing a safe school environment that promotes education and SRO interaction with students in a positive caring manner. This is accomplished with a committed partnership among the school, student, staff, parents, police department, and neighbors to enhance the schools and the community. AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 2 III. RIGHTS AND DUTIES OF THE RENTON PD 3.1 The Chief of the Renton PD ("the Chief'') shall assign three (3) regularly employed police officers as School Resource Officers ("SROs") to Renton High School, Hazen High School and Lindbergh High School in the City of Renton and will also provide additional services, as described herein, to other Renton District Schools located within the City of Renton. 3.2 The SROs shall be assigned to the District for a minimum of twenty (20) hours per week while school is in session. Additional time may be authorized by the department at the request of the school district not to exceed a total of forty (40) hours per week subject to department approval and provided the SRO's assistance is not required for other police activities away from the school. Absences from the school by the SRO during the school year for training or other Renton PD activities shall not exceed five (5) school days in duration at any one time. The Renton PD may temporarily reassign the SRO during school holidays and vacations. 3.3 The SRO shall also act as an instructor for specialized, short-term law enforcement related programs at the High Schools or other District schools within Renton when invited to do so by the principal or member of the faculty. 3.4 The SROs shall have the following additional duties and responsibilities: 3.4.1 When requested by the principal, the SRO shall attend parent/faculty meetings to solicit support and understanding of the program. 3.4.2 The SRO shall make him/herself available for conferences with students, parents and faculty members in order to assist them with problems of law enforcement or crime prevention in nature. 3.4.3 The SRO shall become familiar with all community agencies which offer assistance to youth and their families such as youth job placement assistance, mental health clinics, drug treatment centers, etc. The SRO shall make referrals to such agencies when necessary thereby acting as a resource person to the students, faculty, and staff of the school. 3.4.4 The SRO shall assist the principal and the District's Director of Safety and Security in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest. 3.4.5 The SRO shall assist and advise the District's Director of Safety and Security in planning and coordinating the work of the District and School Safety Officers who work under the supervision of the Director of Safety and Security 3.4.6 Should it become necessary to conduct formal police interviews with a student, the SRO shall adhere to the Renton PD policies and legal requirements with regard to such interviews. 3.4.7 The SRO shall take law enforcement action as required, including but not limited to appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school activities. As soon as practicable, the SRO shall make the principal of the school aware of any law enforcement action. 3.4.8 The SRO shall give assistance to other police officers in matters regarding his/her school assignment, whenever necessary. 3.4.9 The SRO shall patrol the assigned school and surrounding neighborhoods in order to identify, investigate, and prevent incidents involving weapons, violence, harassment, intimidation, and other AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 3 law violations. The SRO may also be assigned investigations related to runaways, assaults, thefts, and truancy, provided such investigations relate to the students attending the school to which the SRO is assigned. The SRO may also be assigned or provide traffic enforcement duties at the schools and surrounding neighborhoods. Such duties may include school zone speed enforcement. 3.4.10 The SRO shall maintain detailed and accurate records of the operation of the School Resource Officer Program. 3.4.11 The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the law, the principal is expected to contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. The SRO must understand when to informally interact with a student and when to enforce the law; their focus should be on keeping students out of the criminal justice system, when possible and should not to use to attempt to impose criminal sanctions that are more appropriately handled within the educational system. 3.4.12 The SRO shall not be used for regularly assigned duties such as lunchroom duty. If there is a problem area, the SRO may assist the school until the problem is solved. The SRO serves in a role to teach, act as an informal counselor, and as a law enforcement officer. 3.4.13 The SRO shall have a primary obligation to the City, not the School District. This contract and performance thereof by the City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this contract. The law enforcement/peacekeeping duties to be performed pursuant to the contract are the same in extent and scope as those provided by police officers to every member of the public. 3.4.14 Any exceptions to the above must be mutually agreed upon by the Chief of Police of the Renton PD, the School District, and the School Principal. IV. RIGHTS AND DUTIES OF THE DISTRICT 4.1 The District shall provide the SRO with the materials and facilities necessary to the performance of the SRO duties at the assigned High School. 4.2 The following materials and facilities are deemed necessary to the performance of the SRO's duties: 4.2.1 Access to a properly lighted private office with a telephone that may be used for general business purposes. 4.2.2 A location for files and records that can be properly locked and secured. 4.2.3 A desk with drawers, a chair, work table, filing cabinet, and officer supplies. 4.2.4 Access to a computer, and/or clerical assistance. V. FINANCING OF THE SCHOOL RESOURCE OFFICER 5.1 The District will compensate the City for a portion of the salary and benefits incurred for the assigned School Resource Officers on a monthly basis for the duration of the agreement. The District will pay the City $85,000 each school year, for each SRO assigned, prorated and invoiced on a monthly basis. 5.2 Any overtime hours requested and authorized by either party to this Agreement shall be paid by the party requesting and authorizing the additional overtime hours. If the District requests and authorizes the AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 4 overtime hours, the District will be separately invoiced for the direct salary and related benefits for the overtime hours worked by the assigned SRO. VI. EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICERS The SROs shall be employees of the Renton PD and shall not be employees of the School District. The School District and the Chief acknowledge that the SROs shall remain under the direct supervision of the Renton PD. VII. APPOINTMENT OF SCHOOL RESOURCE OFFICERS 7.1 The SRO must be a volunteer for the position with a minimum of three (3) years of law enforcement service or experience, unless the only available volunteers have lesser experience. 7.2 The appointment of the SRO shall be at the discretion of the Chief based upon: 7.2.1 A written application to the Chief that outlines his/her qualifications; and 7.2.2 Input from the Superintendent of Schools or his/her designee, and the District's Director of Safety and Security. 7.3 Additional criteria for consideration by the Chief shall include job knowledge, training, education, appearance, attitude, communication skills, and bearing. VIII. DISMISSAL OF SCHOOL RESOURCE OFFICER; REPLACEMENT 8.1 In the event the district determines that the SRO is not effectively performing his or her duties and responsibilities, the district shall state the reasons therefore in writing, and shall request a mediation process, as described herein, to resolve the issue(s) identified. If the Chief desires, the Superintendent and Chief, or their designees shall meet with the SRO to mediate or resolve the identified problems. At such meeting, specified school or district staff may be required to be present. If, within a reasonable amount of time after commencement of such mediation the problem cannot be resolved or mediated or in the event mediation is not sought by the chief, then the SRO shall be removed from the program and a replacement shall be obtained. 8.2 The Chief may dismiss or reassign the SRO based upon Renton PD rules, regulation, and/or general orders and when it is in the best interest of the Parties, the students and the citizens of the City of Renton. 8.3 In the event of the resignation, dismissal, or reassignment of the SRO, or in the case of long term absences by the SRO, the Chief shall provide a temporary replacement for the SRO within thirty (30) school days of such absence, dismissal, resignation, or reassignment. As soon as practicable, the chief shall appoint a permanent replacement for the SRO position. IX. LIABILITY Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees, and its agents. Each party shall be responsible for its own negligence; neither party shall indemnify nor hold the other party harmless. X. MISCELLANEOUS PROVISIONS 9.1 Effective Date. This Agreement shall be effective upon ratification by action of the governing body and execution by the chief Executive Officer of each of the Parties. AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 5 9.2 Amendment. This Agreement may be amended only upon consent of all Parties hereto. Any amendment hereto shall be in writing and shall be ratified and executed by the Parties in the same manner in which it was originally adopted. 9.3 Waiver. The waiver by any Party of any breach of any term, covenant, or condition of the Agreement shall not be deemed a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 9.4 Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 9.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or whether signed in counterparts. 9.7 Notices. Except as otherwise provided in the Agreement, any notice required be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested, or by personal service to: Dr. Damien Pattenaude, Superintendent Renton School District No. 403 300 SW 7th Street Renton, WA 98057 Ed VanValey, Chief of Police City of Renton Police Department 1055 South Grady Way Renton, WA 98057 EXECUTED and APPROVED by the Parties in identical counterparts of this Agreement, each of which shall be deemed an original hereof, on the dates set forth below. Dated this ___ day of __________________, 2019. CITY OF RENTON By: ______________________________________ Denis Law, Mayor Attest: _______________________________________ Jason A. Seth, CMC, City Clerk RENTON SCHOOL DISTRICT By: ______________________________________ Damien Pattenaude, Superintendent, By: ______________________________________ Laurie Taylor, Assistant Superintendent AGENDA ITEM #8. h) INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS – Page 6 Approved as to Legal Form: _______________________________________ Shane Moloney, City Attorney At the direction of the Renton School Board at and open public meeting held on: _____________________________________ AGENDA ITEM #8. h) AB - 2467 City Council Regular Meeting - 07 Oct 2019 SUBJECT/TITLE: Project Acceptance and Release of Contract Bond for the North 27th Place Bridge Scour Repair Project Construction Contract with SB Structures, LLC, CAG-18-002 RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Derek Akesson, Project Manager EXT.: 7337 FISCAL IMPACT SUMMARY: The original contract amount was $444,783.22 and the final contract amount is $418,627.75. This is a decrease of $26,155.47 due to a reduction in various bid item quantities. SUMMARY OF ACTION: The North 27th Place Bridge Scour Repair Project contract was awarded to SB Structures, LLC on May 7, 2018. Construction began July 16, 2018. The project was physically completed October 4, 2018. The project consisted of constructing scour countermeasures inside the existing North 27th Place culvert. The work included clearing, grubbing, excavation, grading, sheet pile driving and propert y restoration. EXHIBITS: A. Notice of Completion of Public Works Contract STAFF RECOMMENDATION: Accept the North 27th Place Bridge Scour Repair Project with SB Structures, LLC and authorize the release of the contract bond upon approval received from the Washington State Department of Labor and Industries, Employment Security and Department of Revenue. AGENDA ITEM #8. i) 1 Original Revised # NOTICE OF COMPLETION OF PUBLICWORKS CONTRACT Date:October 7,2019 Contractor's UBI Number:602615583 Name &Mailing Address ofPublie Agency Department Use Only City of Renton Assigned to: 1055 South Gradv Wav Renton.WA 98057 Date Assigned: UB1 Number:177000094 Notice is hereby given relative to the completion of contract or project described below pmjcd Name Contract Number Job Order Contracting N 27th Place BridgeScour Repair CAG-18-002 YES MNO Description ofwork Done/Include Jobsite Ad(lress(es) Construct scour countermeasures inside the existing N 27th Place culvert.Work included clearing, grubbing,excavation,grading,sheet pile driving.Jobsite address:1162 N 27th Place,Renton,WA 98056 Federally funded transportation project?ill Yes No (ifyes,provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit lD* SB Structures,LLC payro||@scarsellabros.com 886413 Contractor Address Te eplione # P.O.Box 68847,Seattle WA 98168 253-234-0320 If Retainage is not withheld,please select one ofthe following and List Surety‘:Name &Bond Number. :Retainagc Bond MContract/Payment bond (valid for federally funded transportation projects) Name:Liberty Mutual Insurance Company Bond Number:023206865 Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted May 7.2018 July 16,2018 October 4,2018 October 7.2019 Contract Amount *5 44478322 Additions (+)S 36,000.00 Liquidated Damages S 0.00 Reductions (—)$52 15547 Amount Disbursed S 418,627,75 Sub-Total $418 627.75 Amount Retained $0.00 Sales Tax Rate % [lf tariuus rates apply.please send a l)|’L‘(Il{(lU\\n) Sales Tax Amount $0_00 TOTAL 33 “B 622 Z5 TOTAL $418,627.75 NOTE:TIiese two totuls mm‘!be equal Comments: Note:The Disbursing Officer must submit this completed notice immediately after acceptance ofthc work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt ofnll release certi?cates. Submitting Form:Please submit the completed fonn by email to all three agencies below. Contact Name:Natalie Wissbrod Title:Accounting Assistant IV Email Address:nwissbrod@rentonwa.gov Phone Number:425-430-5919 Department of Revenue vumhingznn smuvnopmmtvm nl I E"'p'°V"‘°"‘s°°“'"YQPublicwarksSectionLabor&Industries f 3°".“""‘°."‘I . (360)704-5650 Contract Release u/-I 5f9'j"’j'°;'c"“”‘;Y',. PWC@d°iwa gov l855)545-8163,optlont14 3'5 °°''"‘'°" CnnlractRe|ease@LN|WA.GOV (360)9029450 publlcwurks@esd.wa gov REV ll l]020e(l0/20/I5)F2l5v()38-000 10-2014 AGENDA ITEM #8. i) Addendum A:Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other fonnats. Provide known affidavits at this time.No L&l release will be granted until all affidavits are listed. Affidavit |D* 824328 881404 875184 878288 815009 878195 878158 878878 852217 For tax assistance or to request this document in an alternate format,please call 1-800-647-7706.Teletype (TTY)users may use the Washin on Relay Service by callin 71 l. REV 3|00206 Addendum(l0/26/l5)F215-038-000 l0-2014 AGENDA ITEM #8. i) CITY OF RENTON,WASHINGTON RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF RENTON,WASHINGTON,AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS WITH RENTON SCHOOL DISTRICT NO.403 FOR 2019 —2021. WHEREAS,the City and Renton School District No.403 (“District”)are authorized, pursuant to RCW Chapter 39.34,to enter into an interlocal government cooperative agreement; and WHEREAS,the District and the City desire to promote law enforcement and related services to Renton High School,Hazen High School,Lindbergh High School and other District schools within the City;and WHEREAS,a School Resource Officer Program (the “Program”)was established by CAG 15-114,Interlocal Agreement for School Resource Officers dated May 13,2015,which expired on June 30,2017;and WHEREAS,the City and District reestablished the Program by entering into CAG-17-223, which expired on June 30,2019;and WHEREAS,the District and the City continue to recognize the potential benefits of the Program to the citizens of the City and particularly to the students and staff of the District high schools within the City;and WHEREAS,through the Program,the District and the Renton Police Department have committed to providing a safe school environment that promotes education and interaction with students in a po5itive caring manner;and 1 AGENDA ITEM # 10. a) RESOLUTION NO. WHEREAS,it is in the best interest of the citizens and residents of the District and the City to reestablish this program by entering into a new interlocal agreement; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO RESOLVE AS FOLLOWS: SECTION I.The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement for School Resource Officers with the District for 2019 —2021 attached hereto as Exhibit “A”and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of ____________________, 2019. Jason A.Seth,City Clerk APPROVED BY THE MAYOR this _____ day of __________________ ,2019. Denis Law,Mayor Approved as to form: Shane Moloney,City Attorney RES.1819:8/28/19:scr 2 AGENDA ITEM # 10. a) RESOLUTION NO. EXHIBIT “A” INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS BETWEEN THE CITY OF RENTON AND RENTON SCHOOL DISTRICT NO.403 3 AGENDA ITEM # 10. a) INTERLOCAL AGREEMENT For SCHOOL RESOURCE OFFICERS Between THE CITY OF RENTON and RENTON SCHOOL DISTRICT NO.403 In Accordance with the Interlocal Cooperation Act (RCW 39.34),the City of Renton (“The City”),and Renton School District No.403 (“The District”),each of which is a Washington Municipal Corporation, hereby enter into the following INTERLOCAL AGREEMENT: RECITALS WHEREAS: A.The District and the City desire to promote law enforcement and related services to Renton High School, Hazen High School,Lindbergh High School and other Renton District Schools within the City; B.A School Resource Officer Program has been proposed for District High Schools within the City as hereinafter described; C.The District and the City recognize the potential benefits of the School Resource Officer Program to the citizens of the City and particularly to the students and staff of the District High Schools within the City;and D.It is in the best interest of the citizens and residents of the District and the City to establish this program, NOW,THEREFORE,in consideration of the mutual promises and covenants herein contained,the Parties agree as follows: I.TERM of AGREEMENT and RENEWAL 1.1 This Agreement shall commence as of September 1,2019 and shall terminate as of August 31,2020. 1.2 This Agreement may be renewed by written agreement of both Parties. 1.3 The Agreement may be terminated by either party by ninety (90)days written statement of termination directed to the other party.Should the Agreement be terminated be either party,the District shall pay the City for services provided through the termination date,and the City will reimburse the District on a prorated basis for any payment previously made in advance of services provided by the City. H.SCHOOL RESOURCE OFFICER PROGRAM 2.1 A School Resource Officer Program has been established between the City of Renton Police Department (“Renton PD”)and the District,with services provided to Renton District High Schools within the City of Renton.Said program shall continue for the term of this agreement. 2.2 Through the School Resource Officer Program,the District and the Renton PD have committed to providing a safe school environnient that promotes education and SRO interaction with students in a positive caring manner.This is accomplished with a committed partnership among the school,student, staff,parents,police department,and neighbors to enhance the schools and the community. INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS —Page 1 AGENDA ITEM # 10. a) III.RIGHTS AND DUTIES OF THE RENTON PD 3.1 The Chief of the Renton PD (“the Chief’)shall assign three (3)regularly employed police officers as School Resource Officers (“SROs”)to Renton High School,Hazen High School and Lindbergh High School in the City of Renton and will also provide additional services,as described herein,to other Renton District Schools located within the City of Renton. 3.2 The SROs shall be assigned to the District for a minimum of twenty (20)hours per week while school is in session.Additional time may be authorized by the department at the request of the school district not to exceed a total of forty (40)hours per week subject to department approval and provided the SRO’s assistance is not required for other police activities away from the school.Absences from the school by the SRO during the school year for training or other Renton PD activities shall not exceed five (5)school days in duration at any one time.The Renton PD may temporarily reassign the SRO during school holidays and vacations. 3.3 The SRO shall also act as an instructor for specialized,short-term law enforcement related programs at the High Schools or other District schools within Renton when invited to do so by the principal or member of the faculty. 3.4 The SROs shall have the following additional duties and responsibilities: 3.4.1 When requested by the principal,the SRO shall attend parent/faculty meetings to solicit support and understanding of the program. 3.4.2 The SRO shall make him/herself available for conferences with students,parents and faculty members in order to assist them with problems of law enforcement or crime prevention in nature. 3.4.3 The SRO shall become familiar with all community agencies which offer assistance to youth and their families such as youth job placement assistance,mental health clinics,drug treatment centers,etc.The SRO shall make referrals to such agencies when necessary thereby acting as a resource person to the students,faculty,and staff of the school. 3.4.4 The SRO shall assist the principal and the District’s Director of Safety and Security in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest. 3.4.5 The SRO shall assist and advise the District’s Director of Safety and Security in planning and coordinating the work of the District and School Safety Officers who work under the supervision of the Director of Safety and Security 3.4.6 Should it become necessary to conduct formal police interviews with a student,the SRO shall adhere to the Renton PD policies and legal requirements with regard to such interviews. 3.4.7 The SRO shall take law enforcement action as required,including but not limited to appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school activities.As soon as practicable,the SRO shall make the principal of the school aware of any law enforcement action. 3.4.8 The SRO shall give assistance to other police officers in matters regarding his/her school assignment,whenever necessary. 3.4.9 The SRO shall patrol the assigned school and surrounding neighborhoods in order to identi1i, investigate,and prevent incidents involving weapons,violence,harassment,intimidation,and other LNThRLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS —Page 2 AGENDA ITEM # 10. a) law violations.The SRO may also be assigned investigations related to runaways,assaults,thefts,and truancy,provided such investigations relate to the students attending the school to which the SRO is assigned.The SRO may also be assigned or provide traffic enforcement duties at the schools and surrounding neighborhoods.Such duties may include school zone speed enforcement. 3.4.10 The SRO shall maintain detailed and accurate records of the operation of the School Resource Officer Program. 3.4.11 The SRO shall not act as a school disciplinarian,as disciplining students is a school responsibility.However,if the principal believes an incident is a violation of the law,the principal is expected to contact the SRO and the SRO shall then determine whether law enforcement action is appropriate.The SRO must understand when to informally interact with a student and when to enforce the law;their focus should be on keeping students out of the criminal justice system,when possible and should not to use to attempt to impose criminal sanctions that are more appropriately handled within the educational system. 3.4.12 The SRO shall not be used for regularly assigned duties such as lunchroom duty.If there is a problem area,the SRO may assist the school until the problem is solved.The SRO serves in a role to teach,act as an informal counselor,and as a law enforcement officer. 3.4.13 The SRO shall have a primary obligation to the City,not the School District.This contract and performance thereof by the City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this contract.The law enforcement/peacekeeping duties to be performed pursuant to the contract are the same in extent and scope as those provided by police officers to every member of the public. 3.4.14 Any exceptions to the above must be mutually agreed upon by the Chief of Police of the Renton PD,the School District,and the School Principal. IV.RIGHTS AND DUTIES OF THE DISTRICT 4.1 The District shall provide the SRO with the materials and facilities necessary to the performance of the SRO duties at the assigned High School. 4.2 The following materials and facilities are deemed necessary to the performance of the SRO’s duties: 4.2.1 Access to a properly lighted private office with a telephone that may be used for general business purposes. 4.2.2 A location for files and records that can be properly locked and secured. 4.2.3 A desk with drawers,a chair,work table,filing cabinet,and officer supplies. 4.2.4 Access to a computer,and/or clerical assistance. V.FINANCING OF THE SCHOOL RESOURCE OFFICER 5.1 The District will compensate the City for a portion of the salary and benefits incurred for the assigned School Resource Officers on a monthly basis for the duration of the agreement.The District will pay the City $85,000 each school year,for each SRO assigned,prorated and invoiced on a monthly basis. 5.2 Any overtime hours requested and authorized by either party to this Agreement shall be paid by the party requesting and authorizing the additional overtime hours.If the District requests and authorizes the INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS —Page 3 AGENDA ITEM # 10. a) overtime hours,the District will be separately invoiced for the direct salary and related benefits for the overtime hours worked by the assigned SRO. VI.EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICERS The SROs shall be employees of the Renton PD and shall not be employees of the School District.The School District and the Chief acknowledge that the SROs shall remain under the direct supervision of the Renton PD. VII.APPOINTMENT OF SCHOOL RESOURCE OFFICERS 7.1 The SRO must be a volunteer for the position with a minimum of three (3)years of law enforcement service or experience,unless the only available volunteers have lesser experience. 7.2 The appointment of the SRO shall be at the discretion of the Chief based upon: 7.2.1 A written application to the Chief that outlines his/her qualifications;and 7.2.2 Input from the Superintendent of Schools or his/her designee,and the District’s Director of Safety and Security. 7.3 Additional criteria for consideration by the Chief shall include job knowledge,training,education, appearance,attitude,communication skills,and bearing. VIII.DISMISSAL OF SCHOOL RESOURCE OFFICER;REPLACEMENT 8.1 In the event the district determines that the SRO is not effectively performing his or her duties and responsibilities,the district shall state the reasons therefore in writing,and shall request a mediation process,as described herein,to resolve the issue(s)identified.If the Chief desires,the Superintendent and Chief,or their designees shall meet with the SRO to mediate or resolve the identified problems.At such meeting,specified school or district staff may be required to be present.If,within a reasonable amount of time after commencement of such mediation the problem cannot be resolved or mediated or in the event mediation is not sought by the chief,then the SRO shall be removed from the program and a replacement shall be obtained. 8.2 The Chief may dismiss or reassign the SRO based upon Renton PD rules,regulation,and/or general orders and when it is in the best interest of the Parties,the students and the citizens of the City of Renton. 8.3 In the event of the resignation,dismissal,or reassignment of the SRO,or in the case of long term absences by the SRO,the Chief shall provide a temporary replacement for the SRO within thirty (30) school days of such absence,dismissal,resignation,or reassignment.As soon as practicable,the chief shall appoint a permanent replacement for the SRO position. IX.LIABILITY Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees,and its agents.Each party shall be responsible for its own negligence;neither party shall indemnify nor hold the other party harmless. X.MISCELLANEOUS PROVISIONS 9.1 Effective Date.This Agreement shall be effective upon ratification by action of the governing body and execution by the chief Executive Officer of each of the Parties. INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS —Page 4 AGENDA ITEM # 10. a) 9.2 Amendment.This Agreement may be amended only upon consent of all Parties hereto.Any amendment hereto shall be in writing and shall be ratified and executed by the Parties in the same manner in which it was originally adopted. 9.3 Waiver.The waiver by any Party of any breach of any term,covenant,or condition of the Agreement shall not be deemed a waiver of any subsequent breach of the same term,covenant,or condition of this Agreement. 9.4 Severability.If any provision of the Agreement shall be held invalid,the remainder of this Agreement shall not be affected thereby. 9.5 Entire Agreement.This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9.6 Counterparts.This Agreement shall be effective whether signed by all Parties on the same document or whether signed in counterparts. 9.7 Notices.Except as otherwise provided in the Agreement,any notice required be provided under the terms of this Agreement shall be delivered by certified mail,return receipt requested,or by personal service to: Dr.Damien Pattenaude,Superintendent Renton School District No.403 300 SW 7th Street Renton,WA 98057 Ed VanValey,Chief of Police City of Renton Police Department 1055 South Grady Way Renton,WA 98057 EXECUTED and APPROVED by the Parties in identical counterparts of this Agreement,each of which shall be deemed an original hereof,on the dates set forth below. Dated this day of ,2019. CITY OF RENTON RENTON SCHOOL DISTRICT By: ___________________________________ By: __________________________________ Denis Law,Mayor Damien Pattenaude,Superintendent, Attest: _________________________________ By: ________________________________ Jason A.Seth,CMC,City Clerk Laurie Taylor,Assistant Superintendent INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS —Page 5 AGENDA ITEM # 10. a) Approved as to Legal form:At the direction of the Renton School Board at and open public meeting held on: Shane Moloney,City Attorney INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS —Page 6 AGENDA ITEM # 10. a) J AGENDA ITEM # 10. a) 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. _______    A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING BY  REFERENCE THE CURRENT CAPITAL FACILITIES PLANS FOR KENT, ISSAQUAH, AND  RENTON SCHOOL DISTRICTS, AND ADOPTING UPDATED SCHOOL IMPACT FEES  FOR EACH SCHOOL DISTRICT.    WHEREAS, under Section 4‐1‐190 of Chapter 1, Administration and Enforcement, of Title  IV (Development Regulations), the City of Renton has heretofore collected school impact fees on  behalf of the Kent, Issaquah, and Renton School Districts; and  WHEREAS, the Kent, Issaquah, and Renton School Districts each have requested that the  City of Renton adopt their District's current Capital Facilities Plans; and  WHEREAS, as established in the current Kent School District Capital Facilities Plan, the  school impact fee rates for the Kent School District have been calculated at $5,554 per single  family dwelling unit, and $2,345 per new multi‐family dwelling unit, an increase from the prior  rates of $5,397 and $2,279, respectively; and   WHEREAS, as established in the current Issaquah School District Capital Facilities plan,  the school impact fee rates for the Issaquah School District have been calculated at $14,501 per  single family dwelling unit, and $9,583 per new multi‐family dwelling unit, a decrease from the  prior single family rate of $15,276 and an increase from the prior multi‐family dwelling rate of  $4,399; and  WHEREAS, as established in the current Renton School District Capital Facilities Plan, the  school impact fee rates for the Renton School District have been calculated at $6,862 per single  family dwelling unit, and $3,582 per new multi‐family dwelling unit, a decrease from the prior  AGENDA ITEM # 10. b) RESOLUTION NO. _______  2  single family dwelling unit rate of $6,877 and an increase from the prior multi‐family dwelling  unit rate of $2,455; and   WHEREAS, the City of Renton Fee Schedule lists the school impact fee rate charged on  behalf of each District;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  RESOLVE AS FOLLOWS:   SECTION I. The City Council of the City of Renton hereby adopts by reference as if fully  set forth herein the following Capital Facilities Plans:   A.  The Kent School District Six‐Year Capital Facilities Plan 2018‐19 ‐ 2024‐25, dated  May 2019;  B.  The 2019 Capital Facilities Plan of Issaquah School District No. 411, dated May 22,  2019; and  C.  The 2019 Capital Facilities Plan of Renton School District No. 403, dated May 2019.  SECTION II. The City Council of the City of Renton hereby adopts the following school  impact fees, to be effective January 1, 2020, which will be listed in an updated City of Renton Fee  Schedule:  A. Kent School District:  1. $5,554 per single family dwelling unit; and   2. $2,345 per new multi‐family dwelling unit.  B. Issaquah School District:  1. $14,501 per single family dwelling unit; and   2. $9,583 per new multi‐family dwelling unit.  AGENDA ITEM # 10. b) RESOLUTION NO. _______  3  C. Renton School District:  1. $6,862 per single family dwelling unit; and   2. $3,582 per new multi‐family dwelling unit.  SECTION III. Copies of each Capital Facilities Plan adopted herein by reference will be  on file with the City Clerk.  PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2019.        ______________________________  Jason A. Seth, City Clerk     APPROVED BY THE MAYOR this ______ day of _______________________, 2019.        ______________________________  Denis Law, Mayor            Approved as to form:      ______________________________  Shane Moloney, City Attorney    RES:1824:9/24/19  AGENDA ITEM # 10. b)   1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN  TERRITORY TO THE CITY OF RENTON (HIGHLAND MEADOWS ANNEXATION; FILE  NO. A‐18‐001).     WHEREAS, under the provisions of RCW 35A.14.120, as amended, a written annexation  petition was presented and filed with the City Clerk on or about January 22, 2019 ; and   WHEREAS, prior to the filing and circulation of the petition for annexation to the City of  Renton, pursuant to RCW 35A.14.120, the petitioning parties, comprised of property owners of  not less than ten percent (10%) in value, according to the assessed valuation for general taxation  of the area to be annexed, notified the City Council of their intention to commence the direct  petition for annexation proceedings; and   WHEREAS, after a public hearing, it was determined that the petitioning owners agreed  to accept that portion of the City's Comprehensive Plan as it pertains to the territory including  the applicable zoning regulation relating thereto; and    WHEREAS, the King County Department of Assessments examined and verified the  signatures on the petition for annexation on or about March 6, 2019, and determined that the  signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the  area to be annexed, as required by RCW 35A.14.120; and   WHEREAS, the Department of Community and Economic Development of the City of  Renton considered and recommended that the City of Renton annex the properties; and  AGENDA ITEM # 10. c) ORDINANCE NO. _______    2  WHEREAS, consistent with RCW 35A.14.130, the City Council set May 6, 2019, in the City  Council Chambers, City Hall, as the time and place for a public hearing on the petition with notice  as required by law; and    WHEREAS, pursuant to notice, the public hearing was held at the time and place specified,  and the City Council considered all matters in connection with the petition and determined that  all legal requirements and procedures applicable to the RCW 35A.14.120  petition method for  annexation have been met; and   WHEREAS, a "Notice of Intention," including all required information for review of the  annexation, was transmitted to the King County Boundary Review Board and approved as of  August 2, 2019;    NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  ORDAIN AS FOLLOWS:   SECTION I. All requirements of the law in regard to the annexation by petition  method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met.  It is  further determined that the petition for annexation to the City of Renton of the property and  territory described below is hereby approved and granted; the following described property  being contiguous to the city limits of the City of Renton is hereby annexed to the City of Renton,  and such annexation to be effective on and after the approval, passage, and thirty (30) days after  publication of this ordinance; and on and after said date the property shall constitute a part of  the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force  and effect; the property being described as follows:  AGENDA ITEM # 10. c) ORDINANCE NO. _______    3 See Exhibit “A” attached hereto and made a part hereof as if fully set forth herein    [The proposed annexation area is approximately 12.5 acres and is bounded by  parcel lines. It is bordered by a parcel line near Northeast 4th Street to the north,  158th Avenue Northeast to the east,  parcel lines in proximity of Northeast 2nd  Street (if extended), and parcel lines in proximity to 154th Avenue Southeast (if  extended) to the west. The boundaries to the north and west are coterminous  with existing City limits.]    and the owners of the properties within the annexation area shall be subject to the City's  Comprehensive Plan and Zoning Code.   SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30)  days after publication of a summary of this ordinance in the City’s official newspaper.  The  summary shall consist of this ordinance’s title.   A certified copy of this ordinance shall be filed with the King County Council, State of  Washington, and as otherwise provided by law.  PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2019.                         Jason A. Seth, City Clerk    APPROVED BY THE MAYOR this _______ day of _____________________, 2019.                         Denis Law, Mayor    AGENDA ITEM # 10. c) ORDINANCE NO. _______    4 Approved as to form:             Shane Moloney, City Attorney  Date of Publication:      ORD:2082:9/10/19     AGENDA ITEM # 10. c) ORDINANCE NO. _______    5       EXHIBIT “A”  LEGAL DESCRIPTION OF THE PROPERTY     AGENDA ITEM # 10. c) ORDINANCE NO. _______    6      AGENDA ITEM # 10. c)  Renton Highlands  Meadows Annexation  Area                  Source, City of Renton,  2018      AG E N D A I T E M # 1 0 . c ) CITY OF RENTON,WASHINGTON ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON, REGARDING THE CITY’S PARTICIPATION IN THE SOUTH CORRECTIONAL ENTITY (SCORE);AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED INTERLOCAL AGREEMENT RELATING TO SCORE;APPROVING THE CITY’S CAPITAL CONTRIBUTION RELATED TO REFUNDING BONDS TO BE ISSUED TO REFINANCE THE SCORE FACILITY;APPROVING OTHER MATTERS RELATED THERETO, PROVIDING FOR SEVERABILITY,AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the City of Renton,Washington (the “City”)is authorized by chapter 70.48 RCW to contract for,establish and maintain correctional facilities in furtherance of public safety and welfare;and WHEREAS,pursuant to an ordinance adopted by the City Council and chapter 39.34 RCW, the Interlocal Cooperation Act,the City entered into a SCORE Interlocal Agreement with the other parties thereto dated February 25,2009 and subsequently amended and restated on October 1, 2009 (as amended and restated,the “Original Interlocal Agreement”),to form a separate governmental administrative agency known as the South Correctional Entity (“SCORE”);and WHEREAS,the South Correctional Entity Facility Public Development Authority (the “Authority”),a public corporation chartered by the City,pursuant to RCW 35.21.730 through 35.21.757,issued its Bonds,Series 2009A (the “2009A Bonds”)and Bonds,Series 2009B (Taxable Build America Bonds—Direct Payment)(the “2009B Bonds,”and together with the 2009A Bonds, the “2009 SCORE Bonds”)on November 4,2009,in the aggregate principal amount of $86,235,000;and WHEREAS,proceeds of the 2009 SCORE Bonds were used to finance a portion of the costs of acquiring,constructing,developing,equipping and improving a regional misdemeanant 1 AGENDA ITEM # 10. d) ORDINANCE NO. correctional facility located in Des Moines,Washington (the “SCORE Facility”),operated by SCORE;and WHEREAS,pursuant to an ordinance adopted by the City Council,the City pledged its full faith and credit toward the payment of its allocable proportion of the debt service due on the 2009 SCORE Bonds issued by the Authority;and WHEREAS,the 2009 SCORE Bonds are subject to defeasance and/or redemption prior to their stated maturity dates;and WHEREAS,after due consideration it appears to the Board of Directors of the Authority that the 2009 SCORE Bonds may be defeased and/or redeemed prior to maturity by proceeds of refunding bonds (the “Refunding Bonds”)and other legally available funds for overall debt service savings;and WHEREAS,the City now desires to pledge its full faith and credit to the City’s allocable portion of the Refunding Bonds and to amend and restate the Original Interlocal Agreement to provide for such refunding and other matters as provided herein; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION I.Definitions.Terms defined in the recitals of this ordinance are incorporated as if fully set forth herein.Terms not otherwise defined in this ordinance shall have the meanings set forth in the Interlocal Agreement (defined in Section 2). SECTION II.Approval of Interlocal Agreement.The City hereby approves the Amended and Restated SCORE Interlocal Agreement substantially in the form attached hereto as Exhibit A and incorporated herein by this reference (the “Interlocal Agreement”).The Mayor is hereby 2 AGENDA ITEM # 10. d) ORDINANCE NO. authorized and directed to execute the Interlocal Agreement,on behalf of the City,with such changes as determined to be appropriate by such representative and in the best interest of the City.On the Effective Date,the Interlocal Agreement shall amend and restate,in its entirety,the Original Interlocal Agreement. The Mayor is hereby designated,together with his or her designee,as the “Designated Representative”for purposes of the Interlocal Agreement.The Interlocal Agreement may be further amended from time to time as provided therein.The City hereby authorizes and confirms the authority vested in the Administrative Board as provided in the Interlocal Agreement. SECTION III.City Contributions.The Authority has proposed to issue one or more series of refunding bonds (the “Refunding Bonds”),the proceeds of which will be used,together with other legally available funds,to refund the outstanding 2009 SCORE Bonds for overall debt service savings. The City hereby irrevocably covenants and agrees to pay its capital contribution in the percentage provided for in the Interlocal Agreement,which is equal to the City’s allocated owner percentage as shown in the following chart (the “Owner Percentage”),to pay debt service on the Refunding Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Refunding Bonds (the “Capital Contribution”).The Owner Percentage allocated to the City is as follows: 3 AGENDA ITEM # 10. d) ORDINANCE NO. Owner City Owner Percentage Auburn 34.94% Renton 40.96 Tukwila 9.64 Des Moines 6.02 Burien 4.82 SeaTac 3.62 Total 100.00% The authorization contained in this ordinance is conditioned upon the issuance of Refunding Bonds not exceeding the aggregate principal amount of $56,000,000 without obtaining additional Council approval. The City recognizes that it is not obligated to pay the Capital Contribution of any other Member City;the Capital Contribution of the City shall be limited to its Owner Percentage allocable share of such obligations;all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction;and the City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the lnterlocal Agreement. The City’s obligation to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of the City,payable from property taxes levied within the constitutional and statutory authority provided to cities without a vote of the qualified electors on all of the taxable property within the City and other sources of revenues available therefor.The City hereby obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as any Refunding Bonds issued by the Authority remain outstanding. 4 AGENDA ITEM # 10. d) ORDINANCE NO. _______ All payments with respect to the Refunding Bonds shall be made to SCORE in its capacity as administrator and servicer of the Refunding Bonds to be issued by the Authority. SECTION IV.General Authorization;Ratification.The Mayor,the City Administrative Services Administrator,the City Clerk,and other appropriate officers of the City are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Interlocal Agreement,and the issuance of the Refunding Bonds by the Authority,and to execute all closing certificates,agreements,contracts and documents required to effect the closing and delivery of the Refunding Bonds,the implementation of the Interlocal Agreement,and the withdrawal of Federal Way as a Member City of SCORE effective December 31,2019.Such documents may include,but are not limited to,an undertaking to provide ongoing disclosure in connection with Securities and Exchange Commission Rule 15c2-12 (the “Rule”)under the Securities Exchange Act of 1934,as amended;any disclosure documents delivered for purposes of the Rule in connection with the issuance of the Refunding Bonds and pertaining to the City; and documents regarding to the status of any Refunding Bonds issued on a tax-exempt basis under the Internal Revenue Code of 1986,as amended.All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. SECTION V.Severability.If any section,subsection,sentence,clause,phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section,subsection,sentence,clause,phrase or word of this ordinance. 5 AGENDA ITEM # 10. d) ORDINANCE NO. SECTION VI.Effective Date.This ordinance shall be in full force and effect five (5)days after publication of a summary of this ordinance in the City’s official newspaper.The summary shall consist of this ordinance’s title. PASSED BYTHE CITY COUNCIL this ______ day of ________________,2019. Jason A.Seth,City Clerk APPROVED BY THE MAYOR this _______ day of ______________________,2019. Denis Law,Mayor Approved as to form: Shane Moloney,City Attorney Date of Publication: ________________ ORD:2068:9/1O/19 6 AGENDA ITEM # 10. d) ORDINANCE NO. _______ EXHIBIT A Form of Amended and Restated SCORE Interlocal Agreement (attached) 7 AGENDA ITEM # 10. d) AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT among CITY OF AUBURN, CITY OF BURIEN, CITY OF DES MOINES, CITY OF RENTON, CITY OF SEATAC, AND CITY OF TUKWILA,WASHINGTON Dated as of _________,2019 AGENDA ITEM # 10. d) TABLE OF CONTENTS Pane Section 1.Definitions Section 2.SCORE facility;Authority 3 Section 3.Duration of Agreement 5 Section 4.Withdrawal and Termination 5 Section 5.Administrative Board 7 Section 6.Operations Board;finance Committee;Other Committees 8 Section 7.Facility Director 9 Section 8.Personnel Policies 9 Section 9.Budget,Policies and Operations 10 Section 10.Contracts and Support Services 10 Section 11.Policy and System Evaluation 10 Section 12.Additional Services Authorized 11 Section 13.Inventory and Property 11 Section 14.Local Control 11 Section 15.SCORE Facility Financing and Construction;SCORE Facility Public Development Authority 11 Section 16.Compliance with Continuing Disclosure Requirements 15 Section 17.Miscellaneous 15 Section 18.Severability 16 Section 19.Effective Date;Amend and Replace Original Interlocal Agreement 16 Section 20.Federal Way Refunding Bonds;Agreement Between SCORE and Federal Way 16 Section 21.Termination of Host City Agreement 16 Section 22.Execution and Amendment 17 Section 23.Third Party Beneficiaries 17 Section 24.Hold Harmless 17 Section 25.Counterparts 18 AGENDA ITEM # 10. d) AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT is effective as of the date written below and is by and among the Cities of Auburn,Burien, Des Moines,Renton,SeaTac and Tukwila,Washington,all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS,the Member Cities (as defined herein)are authorized by chapter 70.48 RCW to contract for,establish and maintain correctional facilities in furtherance of public safety and welfare;and WHEREAS,chapter 39.34 RCW,the Interlocal Cooperation Act,authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein;and WHEREAS,in 2009 the Member Cities formed a separate governmental administrative agency pursuant to an intertocal agreement and RCW 39.34.030(3)known as the South Correctional Entity (“SCORE”)to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the “SCORE Facility”)to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the futtire to provide correctional services essential to the preservation of the public health,safety and welfare;and WHEREAS,the Member Cities now desire to amend and restate the formation interlocal agreement as provided herein; NOW THEREFORE,it is hereby agreed and covenanted among the undersigned as follows: Section 1.Definitions.Capitalized terms used in this SCORE Interlocal Agreement shall have the meanings given such terms in the recitals hereof and as follows: “Administrative Board”means the governing board of SCORE created pursuant to Section 5 of this SCORE Interlocal Agreement. “Bonds”mean bonds,notes or other evidences of borrowing issued by the SCORE Facility Public Development Authority to finance and/or refinance the SCORE Facility and for any other SCORE purpose. “Budget”means the budget prepared by the Facility Director in consultation with the Operations Board,and submitted to the Administration Board for its approval in accordance with Section 5 and Section 9 of this SCORE Interlocal Agreement,which budget shall set forth (a)an estimate of the costs of capital improvements required to be AGENDA ITEM # 10. d) made to the SCORE Facility within the applicable year,(b)on a line item basis,all anticipated revenues and expenses for the operation and maintenance of the SCORE Facility for the applicable year,and (c)any information required by policies adopted by the Administrative Board pursuant to Section 9(b)of this SCORE Interlocal Agreement. “Capital Contribution”means,for each Owner City,that Owner City’s Owner Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payable. “Code”means the Internal Revenue Code of 1986,as amended. “Costs of Maintenance and Operation”means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition,and all costs of administering SCORE. “Designated Representative”means the Mayor or the City Manager,as selected by each Member City,or his or her designee. “Effective Date”has the meaning set forth in Section 19 of this Agreement. “Facility Director”means the director of the SCORE Facility selected by the Administrative Board pursuant to Section 7 of this SCORE Interlocal Agreement. “Finance Committee”means the committee formed pursuant to Section 6 of this SCORE lnterlocal Agreement. “Host City”means the City of Des Moines,Washington. “Host City Agreement”means the Host City Agreement among the cities of Renton,Federal Way,Auburn and Des Moines and SCORE dated as of October 1,2009. “Member Cities”mean the Owner Cities and,until the date provided for in Section 20,the City of Federal Way. “Operations Board”means the board formed pursuant to Section 6 of this SCORE Interlocal Agreement. “Owner Cities”mean the Cities of Auburn,Burien,Des Moines,Renton,SeaTac and Tukwila,Washington. 2 AGENDA ITEM # 10. d) “Owner Percentage”means the percentage assigned to each Owner City,as follows: Owner City Owner Percentage Auburn 34.94% Renton 40.96 Tukwila 9.64 Des Moines 6.02 Burien 4.82 SeaTac 3.62 Total 100.00% “Presiding Officer”means the member of the Administrative Board selected pursuant to Section 5 of this SCORE Interlocal Agreement. “SCORE”means the governmental administrative agency established pursuant to RCW 39.34.030(3)by the Member Cities. “SCORE Facility”means the consolidated correctional facility acquired, constructed,improved,equipped,maintained and operated by SCORE. “SCORE Facility Public Development Authority”means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. “SCORE Interlocal Agreement”or “SCORE Formation Interlocal Agreement”means this Amended and Restated SCORE Interlocal Agreement among the Member Cities,as amended from time to time. “Subscribing Agencies”mean the federal and state agencies,municipal corporations,and other local governments,other than the Member Cities,that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of this SCORE Interlocal Agreement. “2009 SCORE Bonds”mean the SCORE Facility Public Development Authority Bonds,Series 2009A and Bonds,Series 20093 (Taxable Build America Bonds—Direct Payment)issued on November 4,2009,in the aggregate principal amount of $86,235,000. Section 2.SCORE Faci1ity Authority. (a)Administrative Agency.There is hereby established a governmental administrative agency pursuant to RCW 39.34.030(3)to be known as the South Correctional Entity (“SCORE”).SCORE shall consist of the Member Cities. 3 AGENDA ITEM # 10. d) (b)Powers of SCORE.SCORE shall have the power to acquire,construct, own,operate,maintain,equip,and improve a correctional facility known as the “SCORE Facility”and to provide correctional services and functions incidental thereto,for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities.The SCORE Facility may serve the Member Cities and Subscribing Agencies which are in need of correctional facilities.Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. (c)Administrative Board.The affairs of SCORE shall be governed by the Administrative Board formed pursuant to Section 5 of this SCORE Interlocal Agreement. The Administrative Board shall have the authority to: (1)Recommend action to the legislative bodies of the Member Cities; (2)Approve the Budget,adopt financial policies and approve expenditures; (3)Establish policies for investing funds and incurring expenditures of Budget items for the SCORE Facility; (4)Review and adopt a personnel policy for the SCORE Facility; (5)Establish a fund,or special funds,as authorized by chapter 39.34 RCW for the operation of the SCORE facility; (6)Conduct regular meetings as may be designated by the Administrative Board; (7)Determine what services shall be offered at the SCORE facility pursuant to the powers of SCORE and under what terms they shall be offered; (8)Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this SCORE Interlocal Agreement; (9)Establish rates for services provided to members,subscribers or participating agencies; (10)Direct and supervise the activities of the Operations Board and the facility Director; (11)Enter into an agreement with a public corporation or otherwise to incur debt; (12)Make purchases or contract for services necessary to fully implement the purposes of this SCORE Interlocal Agreement: 4 AGENDA ITEM # 10. d) (13)Enter into agreements with and receive and distribute funds from any federal,state or local agencies; (14)Receive and account for alt funds allocated to the SCORE Facility from its members; (15)Purchase,take,receive,lease,take by gift,or otherwise acquire, own,hold,improve,use and otherwise deal in and with real or personal property,or any interest therein,in the name of the SCORE facility; (16)Sell,convey,mortgage,pledge,lease,exchange,transfer and otherwise dispose of property and assets; (17)Sue and be sued,complain and defend,in all courts of competent jurisdiction in its name; (1$)Make and alter byLaws for the administration and regulation of its affairs; (19)Enter into contracts with Subscribing Agencies to provide correctional services; (20)Employ employees as necessary to accomplish the terms of this SCORE Interlocal Agreement; (21)Establish policies and procedures for adding new parties to this SCORE Interlocal Agreement;and (22)Engage in any and all other acts necessary to further the goals of this SCORE Interlocal Agreement. Section 3.Duration of Agreement. The initial duration of this SCORE Interlocal Agreement (commencing from February 25,2009,the date of the original interlocal agreement relating to SCORE)shall be for a period of ten (10)years and,thereafter,shall automatically extend for additional five (5)year periods unless terminated as provided in this SCORE Interlocal Agreement. Notwithstanding the foregoing,this SCORE Interlocal Agreement shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority as provided in Section 15 of this SCORE [nterlocal Agreement are no longer outstanding. Section 4.Withdrawal and Termination. (a)Subject to Section 4(g)below,any Member City may withdraw its membership and terminate its participation in this SCORE Interlocal Agreement by providing written notice and serving that notice on the other Member Cities on or before 5 AGENDA ITEM # 10. d) December 3 1 in any one-year.After providing appropriate notice as provided in this Section,that Member City’s membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. (b)Subject to Section 3 above,four (4)or more Member Cities may,at any one time,by written notice provided to all Member Cities,call for a termination of SCORE and this SCORE Interlocal Agreement.Upon an affirmative supermajority vote (majority plus one)by the Administrative Board,SCORE shall be directed to terminate business,and a date will be set for final termination,which shall be at least one (1)year from the date of the vote to terminate this SCORE Interlocal Agreement.Upon the final termination date, this SCORE Interlocal Agreement shall be fully terminated. (c)Subject to Section 4(g)below,in the event any Member City fails to budget for or provide its applicable annual funding requirements for SCORE as provided in Section 15 hereof,the remaining Member Cities may,by majority vote,immediately declare the underfunding City to be terminated from this SCORE Interlocal Agreement and to have forfeited all its rights under this SCORE Interlocal Agreement as provided in Section 4(e).The remaining Member Cities may,at their option,withdraw SCORE’s correctional services from that City,or alternatively,enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d)Time is of the essence in giving any termination notice. (e)If an individual Owner City withdraws its membership in SCORE,the withdrawing City will forfeit any and all rights it may have to SCORE’s real or personal property,or any other ownership in SCORE,unless otherwise provided by the Administrative Board. (f)Upon termination of this SCORE Interlocal Agreement,all property acquired during the life of this SCORE Interlocal Agreement shall be disposed of in the following manner: (1)All real and personal property acquired pursuant to this SCORE Interlocal Agreement shall be distributed to the Owner Cities based on the Owner Percentages;and (2)All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the termination date. (g)Notwithstanding any of the other rights,duties or obligations of any Member City under this Section 4,the withdrawal of any Owner City from this SCORE 6 AGENDA ITEM # 10. d) Interlocal Agreement shall not discharge or relieve the Owner City that has withdrawn pursuant to Section 4(a)or been terminated pursuant to Section 4(c)of its obligation to pay debt service on Bonds issued by the SCORE facility Public Development Authority.An Owner City may be relieved of its obligation under this SCORE Interlocal Agreement to make payments with respect to its Capital Contribution if the Administrative Board,by supermajority vote (majority plus one),authorizes such relief based on a finding that such payments are not required to pay debt service on Bonds issued by the SCORE facility Public Development Authority. Section 5.Administrative Board. (a)Formation.An Administrative Board composed of the Designated Representative from each Member City shall govern the affairs of SCORE. (b)Allocation of Votes.Each Board member shall have an equal vote and voice in all Board decisions. (c)Voting Requirements.Votes regarding (1)debt;(2)approval of the Budget; (3)employment of the Facility Director;(4)cost allocations made prior to the issuance of Bonds;and (5)approval of labor contracts,shatl require an affirmative vote of a supermajority (majority plus one)of the Member Cities,two (2)of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12- month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies)of the preceding year. Votes regarding (1)the conveyance of real property;(2)the addition of additional services pursuant to this SCORE Interlocal Agreement not directly incidental to correctional services (such as providing court services);and (3)matters addressed in Sections 4(b)and (g)and Section 15(d)(2)(iv)of this SCORE Interlocal Agreement,shall require an affirmative vote of a supermajority (majority plus one)of the Member Cities. (d)Parliamentary Authority.Unless otherwise provided,Robert’s Revised Rules of Order (newly revised)shall govern all procedural matters relating to the business of the Administrative Board. (e)Officers of the Administrative Board.Members of the Administrative Board shall select a Presiding Officer from its members,together with such other officers as a majority of the Administrative Board may determine.Subject to the control of the Administrative Board,the Presiding Officer shall have general supervision,direction and control of the business and affairs of SCORE.On matters decided by the Administrative Board,the signature of the Presiding Officer alone is sufficient to bind SCORE. (1)Meetings of the Administrative Board.There shall be a minimum of two (2)meetings each year.Unless otherwise designated by the Presiding Officer,the first 7 AGENDA ITEM # 10. d) meeting shall be held on the second Tuesday of February of each year to review the prior years’service.The second meeting shalt be on the second Tuesday of September of each year to consider and adopt a Budget for the following fiscal year.Other meetings may be held upon request of the Presiding Officer or any two members.All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Prior to January 1,2020,five (5)members,and from and after January 1,2020, four (4)members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum,and for the Administrative Board to transact any business.Proxy voting shall not be allowed.Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting.Any members of the Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to,establishing a quorum. (g)Bylaws.The Administrative Board shall be authorized to establish bylaws that govern procedures of the Administrative Board and the SCORE facility’s general operations. (h)Administrative Board Review.A general or particular authorization or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. Section 6.Operations Board;Finance Committee;Other Committees. (a)Operations Board.There is established an Operations Board which shall be advisory to the Facility Director,staff and Administrative Board on operational matters of SCORE.The Administrative Board shall establish the specific purpose and duties of the Operations Board. The Operations Board shall consist of up to nine (9)members selected as provided in this paragraph.One (1)member shall be designated by each of the Member Cities,and up to three (3)at-large members shall be selected,by majority vote,by the Subscribing Agencies to represent the police departments of the Subscribing Agencies.At the time set for election of the at-large members,only the representatives of the Subscribing Agencies, then in attendance,will participate in the election.The Member Cities’Operations Board representatives shall not participate in the at-large member elections.The at-large members shall serve one-year terms,unless otherwise determined by majority vote of the Operations Board.Each member of the Operations Board shall have an equal vote in all Operations Board decisions.The Operations Board shall be authorized to establish bylaws and/or procedures that govern its operations.The Operations Board shall elect a presiding officer from its members and shall determine the time and place of its meetings.All meetings shall be open to the public if and to the extent required by chapter 42.30 RCW. 8 AGENDA ITEM # 10. d) (b)Finance Committee.There is established a Finance Committee,which shall be advisory to the facility Director,staff and Administrative Board on finance matters of SCORE.The Administrative Board shall establish the specific purpose and duties of the Finance Committee.The finance Committee shall consist of the finance directors or managers of each of the Member Cities.Each member of the Finance Committee shall have an equal vote in all finance Committee decisions.The finance Committee shall be authorized to establish bylaws and/or procedures that govern its operations.The Finance Committee shall elect a presiding officer from its members and shall determine the time and place of its meetings.At!meetings shall be open to the public if and to the extent required by chapter 42.30 RCW. (c)Standing or Temporary Committees.The Administrative Board may,from time to time,establish permanent and/or temporary committees to assist in its operations and operations of the SCORE Facility. Section 7.Facility Director. Day to day operations of SCORE and the SCORE Facility shall be administered by a Facility Director,who shall be appointed by the Administrative Board after receiving the recommendation of the Operations Board.The Administrative Board may accept or reject the Operations Board recommendation.Such Facility Director shall be responsible to the Administrative Board,shall develop the Budget in consultation with the Operations Board and shalt take other appropriate means in order to fully implement the purposes of this SCORE tnterlocal Agreement.The Facility Director shall administer SCORE and the SCORE Facility in its day-to-day operations consistent with the policies adopted by the Administrative Board.Such Facility Director shall have experience in technical,financial and administrative fields,and such appointment shall be on the basis of merit only. Section 8.Personnel Policies. (a)The Operations Board shall from time to time submit proposed personnel policies or proposed amendments to existing personnel policies to the Administrative Board for their approval,rejection or modification.All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b)Such personnel policies shall provide for the initial appointment to the SCORE Facility’s staff from the personnel presently,permanently appointed or assigned as corrections officers in the Member Cities.Additional employees shall be appointed by the Facility Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board.None of such employees shall be commissioned members of any emergency service,but may be eligible for membership under the Public Employees Retirement Systems (PERS),or Public Safety Employees Retirement System (PSERS),as provided by law. 9 AGENDA ITEM # 10. d) Section 9.Budget,Policies and Operations. (a)The facility Director shall distribute a proposed Budget to the Operations Board on or before August 1 of each year,which Budget,including any amendments by the Operations Board thereto,shalt then be provided to the Administrative Board no later than September 1 of such year.Thereafter,the Member Cities shall be advised of the programs and objectives as contained in said Budget,and of the required financial participation for the ensuing year. (b)The Administrative Board shalt develop financial policies for SCORE as part of the budgetary process.Such policies may include,but are not limited to,(1)items to be provided for in the Budget,(2)a minimum contribution amount for each Member City to pay for Costs of Maintenance and Operation,(3)the process for allocating unexpended amounts paid by the Member Cities for Costs of Maintenance and Operation and assessing the Member Cities in the event of cost overruns,(4)establishing and maintaining reserve accounts,if any,and (5)the process for adding a new party to this SCORE Interlocal Agreement. (c)The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 15 hereof.Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this SCORE Interlocal Agreement. Section 10.Contracts and Support Services. (a)The Administrative Board (or the Operations Board or the Facility Director, if so designated by the Administrative Board)shall,as necessary,contract with local governments for the use of space for its operations,auxiliary services including but not limited to records,payroll,accounting,purchasing,and data processing,and for staff prior to the selection of a Facility Director for the SCORE Facility. (b)The Member Cities hereby agree to furnish legal assistance,from time to time,as approved by the Administrative Board.The Administrative Board may contract with the City Attorney of a Member City,other local government,or independent legal counsel as necessary. Section 11.Policy and System Evaluation. The Facility Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public.The Facility Director shall present his or her recommendations to the Operations 10 AGENDA ITEM # 10. d) Board from time to time.Any substantive change or deviation from established policy shall be subject to the prior approval of the Administrative Board. Section 12.Additional Services Authorized. The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments,whenever so required,and shall determine the means of providing such services,together with its costs and effects.These additional services may include,but shall not be limited to the following:alternatives to incarceration,inmate transportation systems,and consolidated court services. Section 13.Inventory and Property. (a)Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law.If any Member City furnishes equipment or furnishings for SCORE’s use,title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b)The Facility Director shall,at the time of preparing the proposed Budget for the ensuing year,submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by,leased or temporarily assigned to SCORE.In case of dissolution of SCORE,such assigned or loaned items shall be returned to the lending governmental entity and all other items,including real property, or funds derived from the sale thereof,shall be distributed in accordance with Section 4(f) above. (c)Title to real property purchased or otherwise acquired shall be held in the name of SCORE;provided however,that for valuable consideration received,SCORE may convey ownership of any real property as may be approved by supermajority vote (majority plus one)of the Administrative Board. Section 14.Local Control. Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments,and for such equipment and services as are required at its place of operation to utilize the SCORE facility. Section 15.SCORE Facility Financing and Construction;SCORE Facility Public Development Authority. (a)SCORE Facility.En order to provide necessary services for the Member Cities and the Subscribing Agencies,SCORE has and/or shall acquire,construct,improve, equip,maintain and operate the SCORE facility.The SCORE Facility is currently located in the City of Des Moines,Washington. II AGENDA ITEM # 10. d) (b)Contracts for the SCORE Facility.The Administrative Board shall authorize,and the Presiding Officer of the Administrative Board,or his or her approved designee,will execute contracts for the development,improvement and maintenance of the SCORE Facility.These contracts may include,without limitation,contracts for architectural design and engineering,project management services,real estate acquisition, and construction. (c)SCORE Facility Public Development Authority.In order to finance and refinance costs of acquiring,constructing,improving and equipping the SCORE Facility, the City of Renton has chartered the SCORE facility Public Development Authority.The purpose of the SCORE Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition,construction,improvement and equipping of the SCORE Facility and for any other SCORE purpose.The Administrative Board shall serve ex officio as the Board of Directors of the SCORE Facility Public Development Authority as further provided in the Authority’s organizational charter.Upon issuance of Bonds by the SCORE Facility Public Development Authority,Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set forth herein.SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs of the SCORE Facility Public Development Authority. (d)SCORE facility financing. (1)Capital Contributions.Each Owner City shall be obligated to pay an amount equal to its Capital Contribution without regard to the payment or lack thereof by any other Owner City.No Owner City shall be obligated to pay the Capital Contribution of any other Owner City,and each Owner City shall be obligated to budget for and pay its Capital Contribution.The obligation of each Owner City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Owner City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Owner City on all of the taxable property within the Owner City and other sources of revenues available therefor.Each Owner City has or will set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding,unless relieved of such payment in accordance with Section 4(g).Each Owner City’s obligation to pay the Capital Contribution shall not be contingent on the receipt of any revenues from other sources, including but not limited to Subscribing Agencies or any Member Cities. An Owner City may prepay its Capital Contribution in a manner that is consistent with the authorizing documents for the Bonds;provided,however,that any such prepayment of one or more Owner Cities shall not affect the Capital Contribution of the 12 AGENDA ITEM # 10. d) remaining Owner Cities.Any Owner City that elects to prepay its Capital Contribution shall be responsible for paying all costs associated with such prepayment. (2)Costs of Maintenance and Operation.Subject to the terms of the financial policies established by the Administrative Board,each Member City shall be obligated to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility,including any debt issued to finance such costs,as determined in this subsection. (i)Until the end of the first calendar year of operations of the SCORE facility (estimated to be December 31,2012),the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation in such year shall be equal to the Member City’s 2007 average daily population in all correctional facilities (as provided in the SCORE financial policies)multiplied by the Costs of Maintenance and Operation. (ii)Commencing with the calendar year following the first calendar year of operations,the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City’s average daily population in the SCORE facility,as supplemented as necessary with the average daily population allocable to the Member Cities in all correctional facilities,for the 12-month period ending June 30 of the preceding year. (iii)Commencing with the third calendar year of operations,the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City’s average daily population in the SCORE facility for the 12-month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies)of the preceding year. (iv)Commencing with the calendar year beginning January 1, 2020,the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall either (A)be based on the Member City’s average daily population in the SCORE facility for the 12-month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies)of the preceding year,or (B)be based on the methodology approved by an affirmative vote of a supermajority (majority plus one)of the Member Cities. (e)Billing and Allocation of Revenues.Each Member City shall be billed for its Capital Contribution and its portion of Costs of Maintenance and Operation,as applicable,on a semiannual basis,or more frequently as determined by the Administrative Board,calculated as provided above.Revenues received in a calendar year from 13 AGENDA ITEM # 10. d) Subscribing Agencies or from sources other than the contributions described above shall be allocated among the Member Cities either as set forth in the SCORE financial policies or as follows:(i)each Member City shalt receive a credit against its obligation to pay Costs of Maintenance and Operation based on that Member City’s proportional average daily population as calculated as provided above,and (ii)each Owner City shall receive a credit against its Capital Contribution based on that Owner Citys proportional Owner Percentage. (f)Host City.Pursuant to RCW 35.2 1.740.the City of Des Moines,as the Host City,hereby authorizes the City of Renton to operate the SCORE Facility Public Development Authority within the corporate limits of the City of Des Moines in a manner consistent with the terms of this SCORE Interlocal Agreement. (g)Tax-Exemption.The Member Cities shall not (I)make any use of the proceeds from the sale of Bonds issued on a tax-exempt basis or any other money or obligations of the SCORE Facility Public Development Authority or the Member Cities that may be deemed to be proceeds of such Bonds pursuant to Section 148(a)of the Code that will cause such Bonds to be “arbitrage bonds”within the meaning of said Section and said regulations,or (2)act or fail to act in a manner that will cause such Bonds to be considered obligations not described in Section 103(a)of the Code. (h)Additional Financing.Notwithstanding anything to the contrary in this SCORE Interlocal Agreement,bonds,notes or other evidences of borrowing may be issued from time to time by the SCORE Facility Public Development Authority or another issuer pursuant a separate agreement between one or more Member Cities and other entities to provide additional financing for the SCORE Facility on terms as agreed upon by the parties thereto. (1)Special Facility Designation.The SCORE Facility,including all equipment,furnishings,and fixtures is critical to the ability of the Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety.Consequently,the SCORE Facility is essential to the preservation of the public health,safety,and welfare.As a result,the SCORE Facility’s equipment, furnishings,and fixtures are special facilities subject to unique standards.Accordingly, based on the facts presented in this subsection,it is hereby resolved that the established policy of the Member Cities is that the SCORE Facility constitutes a “special facility” under RCW 39.04.280(1)(b),and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shalt be governed by the procurement policy established by the Administrative Board as amended from time to time. 14 AGENDA ITEM # 10. d) Section 16.Compliance with Continuing Disclosure Requirements. To the extent necessary to meet the conditions of paragraph (d)(2)of United States Securities and Exchange Commission Rule 15c2-12 (the “Rule”),as applicable to a participating underwriter or remarketing agent for the Bonds,each Owner City will enter into an undertaking in a form acceptable at the time to the participating underwriter or remarketing agent,as the case may be. Section 17.Miscellaneous. (a)Interlocal Agreement.The Member Cities agree: (1)This SCORE Interlocal Agreement is intended to create a separate administrative entity within the meaning of RCW 39.34.030(3)and not a “joint board” within the meaning of RCW 39.34.030(4)(a); (2)The Designated Representative of each Member City is appointed as the “administrator”within the meaning of RCW 39.34.030(4)(a)responsible for administering the Member City’s rights and duties set forth in this SCORE Interlocal Agreement;and (3)The Parties will file or post this Agreement as required by RCW 39.34.040. (b)Governing Law.This SCORE Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Washington.If any dispute arises between the Member Cities under any of the provisions of this SCORE Interlocal Agreement,resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court,King County,Washington. (c)Non-Waiver of Breach.The failure of any Member City to insist upon strict performance of any provision of this SCORE Interlocal Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this SCORE Interlocal Agreement. (d)Compliance with all Laws.SCORE and the Member Cities shall comply with all federal,state and local laws,rules,regulations,resolutions and ordinances applicable to the performance of this SCORE Interlocal Agreement. (e)Continuation of Performance.In the event that any dispute or conflict arises between the Member Cities while this SCORE Interlocal Agreement is in effect,the Member Cities hereto agree that,notwithstanding such dispute or conflict,they shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 15 AGENDA ITEM # 10. d) Section 18.Severability. If any part,paragraph,section or provision of this SCORE Interlocal Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section,part or provision of this SCORE Interlocal Agreement. Section 19.Effective Date;Amend and Replace Original Interlocal Agreement. This SCORE Interlocal Agreement shall become effective on ________________ 2019,the date of defeasance (the “Effective Date”)of all of the outstanding 2009 SCORE Bonds.On the Effective Date,this SCORE Interlocal Agreement shall amend and restate, in its entirety,the Amended and Restated SCORE Interlocat Agreement effective October 1,2009. Section 20.Federal Way Refunding Bonds;Agreement Between SCORE and Federal Way. The City of Federal Way (“federal Way”)and SCORE wilt enter into an agreement (the “SCORE/Federal Way Agreement”)to be dated the date of defeasance of all of the outstanding 2009 SCORE Bonds.Pursuant to the SCORE/Federal Way Agreement: (a)Federal Way acknowledges that the parties hereto will enter into this SCORE Interlocal Agreement;(b)until the effective date of its withdrawal from SCORE (December 3 1, 2019),Federal Way will be considered a “Member City”for purposes of this SCORE Interlocal Agreement,but shall not be considered an “Owner City”and shall not in any way be responsible for paying any share of any Bonds or other debt obligations of SCORE or the SCORE Facility Public Development Authority;(c)Federal Way agrees to issue bonds and to use the proceeds thereof to repay its capital contribution with respect to the 2009 SCORE Bonds (the “Federal Way Refunding Bonds”);and (d)for as long as the Federal Way Refunding Bonds,and any bonds issued to refund such bonds,issued on a tax-exempt basis are outstanding (which as of their date of issuance are scheduled to mature on January 1,2039),SCORE covenants that it will not provide to nongovernmental persons special legal entitlements to use the SCORE Facility in a manner that will adversely impact the tax-exempt status of any such bonds.SCORE shall monitor the use of the SCORE Facility to ensure that it complies with the terms of the SCORE/Federal Way Agreement for so long as such Federal Way Refunding Bonds,or any bonds issued to refund such bonds,are outstanding.The parties hereto approve SCORE entering into the SCORE/Federal Way Agreement. Section 21.Termination of Host City Agreement. Pursuant to Section 5 of the Host City Agreement,the parties hereto agree that the Host City Agreement shall terminate as of the Effective Date of this SCORE Interlocal 16 AGENDA ITEM # 10. d) Agreement.As of the Effective Date of this SCORE Intertocal Agreement,Des Moines shall be an Owner City of SCORE with the same rights and privileges as the other Owner Cities as provided herein. Section 22.Execution and Amendment. This SCORE Interlocat Agreement shall be executed on behalf of each party hereto by its Designated Representative,or other authorized officer,and pursuant to an appropriate motion,resolution or ordinance of such party. This SCORE Intertocal Agreement may not be effectively amended,changed, modified or altered,except by an instrument in writing duly executed by the Designated Representative,or other authorized officer,of each party hereto and pursuant to an appropriate motion,resolution or ordinance of such party.Notwithstanding the foregoing, so long as the Bonds are outstanding,any such amendment,in the opinion of the SCORE Facility Public Development Authority or its counsel,shall not materially adversely affect the owners of the Bonds or affect the tax-exempt status of the interest paid on the Bonds. Section 23.Third Party Beneficiaries. The SCORE Facility Public Development Authority and the holders from time to time of the Bonds shall be third party beneficiaries hereof and the commitments made in Section 15 herein shall be for their further benefit. Section 24.Hold Harmless. The parties to this SCORE Interlocal Agreement shall defend,indemnify and save one another harmless from any and all claims arising out of the performance of this SCORE Interlocal Agreement,except to the extent that the harm complained of arises from the sole negligence of one of the participating members.Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board,Operations Board, Finance Committee,Facility Director and or staff,while acting within the scope of their authority under this SCORE Interlocal Agreement shall be borne by SCORE exclusively. 17 AGENDA ITEM # 10. d) Section 25.Counterparts This SCORE Interlocal Agreement may be executed in any number of counterparts, each of whom shall be an original,but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF,the parties hereto have executed this SCORE Interlocal Agreement as of the day and year first written above. [execution pages to follow] 1$ AGENDA ITEM # 10. d) AGENDA ITEM # 10. d)