HomeMy WebLinkAboutCouncil 01/26/2009AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
January 26, 2009
Monday, 7 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION: Renton Heart Month - February 2009
4. SPECIAL PRESENTATION: Recognition for ADA Save at McLendon's Hardware
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is
allowed five minutes. The comment period will be limited to one-half hour. The second audience
comment period later on in the agenda is unlimited in duration.) When you are recognized by the
Presiding Officer, please walk to the podium and state your name and city of residence for the record,
SPELLING YOUR LAST NAME.
7. 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 1/12/2009. Council concur.
b. City Clerk presents Certificate of Sufficiency and submits for action the West Hill 10% petition
for annexation, adoption of the resolution calling for an election, and transmission of the petition
and resolution to King County and the Boundary Review Board. Refer to Committee of the
Whole.
c. City Clerk presents Certificate of Sufficiency and submits for action the Greater Fairwood
Communities 10% petition for annexation, adoption of the resolution calling for an election, and
transmission of the petition and resolution to King County and the Boundary Review Board.
Refer to Committee of the Whole.
d. City Clerk submits quarterly contract list for period of 10/1/2008 through 12/31/2008 and
expiration report for agreements expiring 1/1/2009 to 6/30/2009. Information.
e. Development Services Division recommends a 12-day temporary road closure from May 11
through May 22, 2009, of SE 192nd St. from 102nd Ave. SE to 99th Pl. S. to correct existing
sight distance deficiencies and to regrade approximately 500 feet of the road. Refer to
Transportation (Aviation) Committee.
f. Development Services Division recommends approval, with conditions, of the Phung Final Plat;
a two lot subdivision located at 2604 Lynnwood Ave. NE. Council concur. (See 9.a. for
resolution.)
g. Fire and Emergency Services Department recommends approval of a contract with King County
to accept $4,500 for injury prevention programs. Council concur. (See 9.b. for resolution.)
h. Hearing Examiner recommends approval, with conditions, of the Welman Preliminary Plat; a 25
lot subdivision located at 18417 116th Ave. SE. Council concur.
i. Legal Services Department recommends repealing sections of Title III of City Code regarding
City Attorney compensation related to the City Attorney Office transition from contract services
to City employment. Refer to Finance Committee.
j. Police Department recommends approval of a contract with the Washington State Criminal
Justice Training Commission to utilize Jailer Alford Erwin in the capacity of a Training Officer
through 1/1/2011. All salary and benefits will be reimbursed by the Washington State Criminal
Justice Training Commission. Council concur.
(CONTINUED ON REVERSE SIDE)
k. Police Department recommends creation by ordinance of the South Correctional Entity (SCORE)
and of the SCORE Public Development Authority, and approval of the interlocal agreement with
six other SCORE cities. Council concur. (See 9.a. and 9.b. for ordinances.)
1. Police Department requests authorization to hire a lateral police officer at Step D of the salary
range, effective 1/16/2009. Council concur.
in. Transportation Systems Division recommends approval of a contract with King County, Sound
Transit, and Pierce Transit to continue the FlexPass Commute Trip Reduction Program for City
employees in the amount of $37,950 for 2009-2010. Council concur.
n. Transportation Systems Division recommends approval of an agreement with the South County
Transportation Board (SCATBd), a South King County forum for information sharing,
coordination, and consensus building for regional transportation decisions for 2009 through
2012. Annual dues are $100. Council concur. (See 9.c. for resolution.)
o. Transportation Systems Division recommends approval of the Eastside Transportation
Partnership (ETP) agreement, an Eastside forum for information sharing, consensus building, and
coordination for regional transportation decisions for 2009 through 2012. Annual dues are $200.
Council concur. (See 9.d. for resolution.)
p. Transportation Systems Division recommends approval of an addendum to airport lease LAG-
93-004, with BHC, Inc., to increase the total ground lease rate per appraisal by $9,365.47
annually through 10/28/2013, and to readjust the rate thereafter using the CPI index. Council
concur.
q. Utility Systems Division recommends approval of an agreement in the amount of $30,314 with
Portland Energy Conservation, Inc. for implementation of the 2009 WashWise rebate program in
Renton. Council concur.
r. Utility Systems Division recommends approval of a contract in the amount of $44,018 with
Pacific Groundwater Group for engineering services related to repairing and improving
monitoring wells in the Cedar River Aquifer. Council concur.
8. 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. Finance Committee: Vouchers; Telephone System Replacement Contract with Qwest; Gambling
Tax Revenues - Imperial Bingo*
b. Utilities Committee: Conner Homes Lift Station Oversizing Reimbursement Request
9. RESOLUTIONS AND ORDINANCES
Resolutions:
a,. Phung Final Plat (See 7.f.)
b. King County injury prevention mini -grant contract (See 7.g.)
c. South County Transportation Board (SCATBd) agreement (See 7.n.)
d. Eastside Transportation Partnership (ETP) agreement (See To.)
Ordinances for first reading:
a. Interlocal agreement relating to the South Correctional Entity Facility and the formation of the
South Correctional Entity Public Development Authority (SCORE) (See 71.)
b. Creating the South Correctional Entity Facility Public Development Authority (SCORE) (See
7.k.)
c. Gambling tax revenues (See 8.a.)
10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
11. AUDIENCE COMMENT
12. ADJOURNMENT
(CONTINUED ON NEXT PAGE)
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
January 26, 2009
Monday, 5 p.m.
Annexation Update;
After -Action Report on Winter Storm
• 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 AND ARE RE-CABLECAST
TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM
W hewW k, the City of Renton believes that one indicator of the livability of a community is the
degree to: which risks in a community are managed; and
W hew'e W, elevated blood pressure arid, blood sugar levels are indicators of heart disease, which
is a significant health risk and a leading cause of death not only across the United States, but also
in" Renton; and
Whereat; the Renton Fire and Emergency Services Department continues with its
commitment to fighting cardiovascular disease by 'increasing public awareness of this deadly
disease and understanding of how it can be prevented•, and
W lti rea ; citizens are 'encouraged to rnonitor._their..heart'health by having their blood pressure
and blood,sugar levels checked, and to learn how to perform cardiopulmonary resuscitation
(CPR) and use. automatic defibrillators, and
Whexea the City's 2008 Heart,Month campaign successfully identified members of our
community who were living with undiagnosed elevated -blood pressure and blood sugar levels;
and.
CITY OF RENTON COUNCIL AGENDA BILL
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v
I
ubmitting Data:
Dept/Div/Board.. AJLS
Staff Contact...... Bonnie Walton, City Clerk, x6502
West Hill Annexation Petition
(File A-08-007)
its:
Certificate of Sufficiency from King Co. Elections
Map of proposed annexation area
anuary 26, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
X
Recommended Action: Approvals:
Refer to Committee of the Whole Legal Dept......... X
Finance Dept......
Other.
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City Share Total Project..
A citizen's group pursuing annexation of the West Hill area, located to the west of the current
city limits (population +/- 15,000) collected voter signatures and submitted a 10% Notice of
Intention to Commence Annexation Proceedings petition under the election method to the City
on November 3, 2008. In accordance with state law, the petition was then forwarded to King
County Elections to determine validity. A Certificate of Sufficiency was received by the City
from King County Elections on December 29, 2008. Under RCW 35A.01.040, Council must
pass a resolution within 60 days notifying the petitioners of its approval or rejection by mail or
by published notice. Council approval is a condition precedent to further proceedings on the
petition. A formal public hearing is optional.
The city council, if approving the annexation, may also require that any or all of these
provisions be submitted to the electorate of the territory to be annexed:
1. Whether property in the area proposed for annexation will be assessed and taxed at the
same rate and on the same basis as is property in the annexing city and will be required to
assume all or any portion of existing city indebtedness.
2. Whether the city will require the simultaneous adoption of a proposed zoning regulation, if
one has been approved and filed as provided in RCW 35A.14.330 and .340.
These questions, related to the assumption of indebtedness and the adoption of zoning, may be
submitted to the voters either separately or as a single proposition. An election date would be
determined by City Council at its next regular meeting following receipt of Boundary Review
Board approval.
STAFF RECONEWENDATION:
Determine whether to approve the petition for annexation, adopt a resolution calling for an
election, and authorize the Mayor and City Clerk to transmit the petition and resolution to the
Clerk of the King County Council, King County Records and Elections, and the State of
Washington Boundary Review Board for King County.
Rentonnet/agnbill/ bh
s,
Ung County
Elections
King County
Elections
919 SW Grady Way, Ste 100
Renton, WA 98057
206.296.VOTE Fax 206.296.0108
TTY Relay: 711
December 12, 2008
Bonnie I. Walton, CMC
City of Renton
1055 South Grady Way
Renton, Washington 98057
RE: West Hill Annexation
Dear Ms. Walton:
CITY OF RENTON
"I C 2 9 2008
CITY CLERICSE�CE
The King County Elections Division examined the signatures contained on the petition for
West Hill Annexation. Of the signatures that were compared against those on file with our
office, 303 were determined to be registered voters of King County. Since that number met the
requirement to certify, it is determined the petition is sufficient. A certificate of sufficiency is
enclosed.
If you have questions, please contact Jacqueline H. Timmons, Program Manager of Voter
Services at (206) 296-1608.
Sincerely,
S -
Sherril Huff
Elections Director
Elections Division ,
919 Southwest Grady Way SE.A TTl. E W.A. -1...
Renton, WA 98057-2906
1. m�� Vl , DAC
�Y1�11� CrrY
oFRE
p NTON
CI 0 1� 6y) DEC 29 2008
CrrY'Q%WVEp
�E
L19
King County
Elections
CERTIFICATE
OF SUFFICIENCY
THIS IS TO CERTIFY that the petition, originally submitted on
November 13, 2008, to the King County Elections Division, for the West
Hill Annexation, have been examined and the signatures thereon
carefully compared with the registration records of the King County
Elections Division, and as a result of such examination, found to be
sufficient under the provisions of the Revised Code of Washington SMC
1.10.110 and 35A.01.040.
Dated this 12th day of December 2008
r' [�uff, Director
West Hill
Annexation Area
File Narne: H:',EDNSPiGIS _pojectslannexatior`.,
bdry.
N
August 4, 2008
0 1,000 2,000
1 Feet
1:20,000
Produrmd by City at Renton (6 2008, the City of
R,mton all rigM-s reserved. No warranties of any son;,
Oclurling but not limited to icckm any, fitness or
m*rchantabili%,, acmrnpany tt)is prujuct.
CITY OF RENTON COUNCIL AGENDA BILL
T #:
Submitting Data:
For Agenda of: January 26, 2009
Dept/Div/Board.. AJLS
Agenda Status
Staff Contact...... Bonnie Walton, City Clerk, x6502
Consent ..............
Public Hearing..
Subject:
Greater Fairwood Communities Annexation Petition
Correspondence..
(File A-08-006)
Ordinance .............
Resolution............ X
Old Business........
New Business.......
Exhibits:
Study Sessions......
Certificate of Sufficiency from King Co. Elections
Information.........
Proposed annexation area map
Recommended Action: Approvals:
Refer to Committee of the Whole Legal Dept......... X
Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City Share Total Project..
"MARY OF ACTION:
A citizen's group pursuing annexation of the Greater Fairwood Communities area, located to
the east and south of the current city limits (population +/- 27,000) collected voter signatures
and submitted a 10 % Notice of Intention to Commence Annexation Proceedings petition under
the election method to the City on October 16, 2008. In accordance with state law, the petition
was then forwarded to King County Elections to determine validity. A Certificate of
Sufficiency was received by the City from King County Elections on December 29, 2008.
Under RCW 35A.01.040, Council must pass a resolution within 60 days notifying the
petitioners of its approval or rejection by mail or by published notice. Council approval is a
condition precedent to further proceedings on the petition. A formal public hearing is optional.
The city council, if approving the annexation, may also require that any or all of these
provisions be submitted to the electorate of the territory to be annexed:
1. Whether property in the area proposed for annexation will be assessed and taxed at the
same rate and on the same basis as is property in the annexing city and will be required to
assume all or any portion of existing city indebtedness.
2. Whether the city will require the simultaneous adoption of a proposed zoning regulation, if
one has been approved and filed as provided in RCW 35A.14.330 and .340.
These questions, related to the assumption of indebtedness and the adoption of zoning, may be
submitted to the voters either separately or as a single proposition. An election date would be
determined by City Council at its next regular meeting following receipt of Boundary Review
Board approval.
Determine whether to approve the petition for annexation, adopt a resolution calling for an
election, and authorize the Mayor and City Clerk to transmit the petition and resolution to the
Clerk of the King County Council, King County Records and Elections, and the State of
Washington Boundary Review Board for King County.
Rentonnet/agnbill/ bh
L19
King County
Elections
919 SW Grady Way, Ste 100
Renton, WA 98057
206.296.VOTE Fax 206.296.0108
TTY Relay: 711
December 12, 2008
Bonnie I. Walton, CMC
City of Renton
1055 South Grady Way
Renton, Washington 98057
Dear Ms. Walton:
CITY OF RENTON
DEC 2.9 2003
CITY CLERK'S OFFICE
RE: Greater Fairwood Communities Annexation
The King County Elections Division examined the signatures contained on the petition for
Greater Fairwood Communities Annexation. Of the signatures that were compared against
those on file with our office, 654 were determined to be registered voters of King County.
Since that number met the requirement to certify, it is determined the petition is sufficient. A
certificate of sufficiency is enclosed.
If you have questions, please contact Jacqueline H. Timmons, Program Manager of Voter
Services at (206) 296-1608.
Sincerely,
Sherril Huff
Elections Director
Elections Division
919 Southwest Grady Way
Renton, WA 9,,57-2906
ing Courrty
Elections
'?Wic 1. wal�aw , CMC
105� Sow C,raA� W4
Cm'OFRENTON
DEC 29 2008
E
LQ1
King County
Elections
CERTIFICATE
OF SUFFICIENCY
THIS IS TO CERTIFY that the petition, originally submitted on October
21, 2008, to the King County Elections Division, for the Greater
Fairwood Communities Annexation, have been examined and the
signatures thereon carefully compared with the registration records of
the King County Elections Division, and as a result of such examination,
found to be sufficient under the provisions of the Revised Code of
Washington SMC 1.10.110 and 35A.01.040.
Dated this 12th day of December 2008
Shetjiuff, Director
CITY OF RENTON COUNCIL AGENDA BILL
Dept/Div/Board.... AJLS/City Clerk
Staff Contact....... Bonnie Walton, x6502
bject:
City of Renton Contract Lists:
* 4th Quarter 2008
* Six-month Expiration Report
List of agreements signed from October 1, 2008 through
December 31, 2008;
List of agreements expiring between January 1, 2009
and June 30, 2009.
Action:
None; Information only
Al #:
O o
For Agenda of: 1 /26/2009
Agenda Status
Consent ............... X
Public Hearing.......
Correspondence..... .
Ordinance .............
Resolution .............
Old Business..........
New Business.........
Study Sessions........
Information............ X
Legal Dept..........
Finance Dept........
Other ...................
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City Share Total Project...
The quarterly contract report shows 61 agreements executed between the City and outside
parties and/or agencies during the fourth quarter of 2008.
The six-month expiration report shows 40 agreements expiring between January 1, 2009 and
June 30, 2009.
None; Information only
Contract ally Executed Between 10/01/2008 and 1: /2008
CONTRACT Addendum
Number Number Fully Executed Contractor Description Division Expiration
CAG-90-029 Adden #9-08 10/23/2008 King County - Interlocal agreement to initiate CS 12/31/2025
Conservation Futures funds for Suburban City
Open Space Acqu.istion projects
01 /12/2
Original
Current
Contract
Contract
Amount
Amount Class
$0
$250,000 M
CAG-03-133
Adden #1-08
11/10/2008
King County - Coal Creek parkway -
PBPW
12/31/2011
$4,670,800
$4,670,800 R
Improvements to finish Duvall Avenue NE
Widening Project
CAG-07-033
Adden #3-08
12/16/2008
046043 - MACLEOD RECKORD
MacLeod Reckord - perform trail and bikeway
PBPW
12/31/2008
$158,131
$174,851 P
planning and design, transportation planning,
signage design guidelines, and stakeholder
and agency coordination assistance to the City
of Renton
CAG-07-162
Adden #2-08
11/25/2008
059358 - PACIFIC ENGINEERING
Pacific Engineering Design, LLC - Design of
PBPW
12/31/2008
$152,057
$152,057 P
DESIGN LLC
2007 Citywide Sidewalks and Curb Ramps
project
CAG-07-186
Adden #1-08
12/03/2008
1256 - WA ST DOT
WA Transportation (WSDOT) - Grant Funding
PBPW
12/31/2009
$0
$0 R
- Regional Mobility State Funding Agreement
CAG-08-014
Adden #1-08
12/22/2008
013783 - CAROLLO ENGINEERS
Carollo Engineers - Long -Range WW
PBPW
12/31/2008
$33,829
$33,829 P
PC
Management Plan Update
CAG-08-070
Adden #3-08
12/09/2008
008545 - R W BECK INC
RW Beck, Inc. - Design contract for Carr Road
PBPW
12/31/2008
$103,500
$123,444 P
- Panther Creek Culvert Replacement Project
CAG-08-144
Adden #1-08
10/31/2008
061292 - PERTEET
Perteet, Inc. - SW 27th/Strander Blvd Union
PBPW
12/31/2008
$269,935
$269,935 P
ENGINEERING INC
Pacific Railroad Realignment Ph 1, Segment
2A
CAG-08-142
10/03/2008
1340 - WASHINGTON STATE
State of WA Military Dept -Emergency Mgmt
CS
06/25/2011
$359,459
$359,459 R
Division - Pre -Disaster Mitigation Project Grant
Agreement E09-022
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Brian Hilderman1.rpt
Page 1 of 7
Original
Current
CONTRACT
Number
Addendum
Number Fully Executed
Contractor
Description
Division
Expiration
Contract
Amount
Contract
Class
Amount
CAG-08-173
10/09/2008
048011 - MCCLINCYS HOME
McClincy's Home Decorating - Reburbish
CS
12/31/2008
$19,840
$19,840
P
DECORATING
Maplewood Golf Course clubhouse/driving
range restrooms
LAG-08-008
10/08/2008
2111 - EDVINSON, LENNART E
Lennart Edvinson - City lease for Hangar 27 -
PBPW
12/31/2999
$12,400
$12,400
R
Term 9/1/2005 - 9/30/2005 the month to month
LAG-08-009
10/08/2008
Brockman, Steven - City lease for Hangar 5 -
PBPW
12/31/2009
$12,400
$12,400
R
Term 9/1/2005-9/30/2005 then month to
month
LAG-08-010
10/09/2008
Arthur Kamm - City lease for Hangar X-33-J -
PBPW
12/31/2999
$0
$0
R
Term 9/1/2008 - 9/3012008, then month to
month
CAG-08-146
10/14/2008
KC Department of Transportation - Implement
PBPW
08/15/2009
$42,908
$42,908
P
of Commute Trip Reduction (CTR) for 2008
-2009.
CAG-08-147
10/15/2008
089253 - WA STATE PATROL
WA State Patrol - Interagency Agreement for
Fire
12/15/2008
$47,520
$47,520
P
Firefighter 1-11 Training ($45,216.00
reimbursement)
CAG-08-156
10/16/2008
WA Transportation (WSDOT) - Utility
PBPW
12/31/2013
$55,750
$55,750
P
Construction Agreement for Sewer Relocation
for 1-405/1-5 to SR 169 Stage 2
CAG-08-157
10/17/2008
WA Transportation (WSDOT) - Utility
PBPW
12/31/2013
$292,070
$292,070
P
Construction Agreement for Fiber Optic
Conduit for I-405/1-5 to SR 169 Stage 2
CAG-08-160
10/17/2008 009258 - BERGER/ABAM
ENGINEERS INC
Berger/Abam Engineers, Inc - Engineering CS
Consultant Agreement re: Cedar River Bank
Bank Stabilization along Jones Park
07/31/2009 $97,000 $97,000 P
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Original
r'urrent
CONTRACT
idum
Fully Executed
Contractor
Description Division
Expiration
Contract
Amount
tract
Class
Number
_ +ber
ount
CAG-08-186
10/13/2008
068828 - WAGNER ARCHITECTS
Wagner Architects - Design services for the CS
12/31/2009
$10,000
$10,000
P
seismic retrofit of Fire Station 11 (work of the
seismic engineer, MRP Engineering)
LAG-08-011
10/14/2008
2231 - BRIGHT, TOBIAS
Tobias Bright -City lease for Hangar X-33-G - PBPW
12/31/2999
$12,400
$12,400
R
Term 1/1/2006 - 1/31/2006, then month to
month (amount for 3 years)
CAG-08-170
10/20/2008
039191 - JGM LANDSCAPE
JGM Landscape Architects - Design services CS
10/20/2009
$7,740
$7,740
P
ARCHITECTS
for new lighting at Big Liberty Field
CAG-08-125
CAG-08-163
CAG-08-164
CAG-08-165
CAG-08-167
CAG-08-168
10/29/2008 024095 - END GENERAL
CONSTRUCTION INC
10/31/2008 072025 - SEARCH DDB
10/31/2008
EnD General Construction, Inc. - Citywide PBPW
Walkway Improvement - (installing curb, gutter,
sidewalk, drainage)
seArch DDB - Architectural Services for Jones CS
Park Restroom ADA Upgrade
Allen Brackett Shedd (ABS Valuations) - PBPW
Boeing Leased Property Survey
10/31/2008 091535 - W & H PACIFIC INC WH Pacific, Inc. - Architectural/Engineering PBPW
Agreement for Logan Av Bike Lane
Construction Services
10/29/2008 Auburn Mechanical - Install new water & sewer PBPW
connections to the 760 building site
10/29/2008
12/31/2008 $428,435 $428,435 P
09/10/2009 $29,232 $29,232 P
06/30/2010 $26,400 $26,400 P
06/30/2009 $20,031 $20,031 P
12/31/2008 $29,881 $29,881 P
Holmes Electric - Install electrical utilities to a PBPW 12/31/2008 $24,995 $24,995 P
new location at the Airport
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Page 3 of 7
CONTRACT Addendum
Number Number Fully Executed Contractor
CAG-08-161 11 /05/2008
CAG-08-171
CAG-08-172
CAG-08-176
I LAG-08-012
I CAG-08-155
I CAG-08-162
CAG-08-175
CAG-08-177
Original Current
Description Division Expiration Contract Contract
Amount Amount Class
TubeArt - Fabrication/installation of "Welcome PBPW 12/31/2008 $39,083 $39,083 P
to Renton, Home of Seattle Seahawks" sign
11/04/2008 035250 - HORIZON Horizon Distributors, Inc. - Irrigation System CS 09/28/2011 $7,462 $7,462 P
Software Support for Maplewood Golf Course
11/04/2008 061323 - PETES TOWING Pete's Mobile Home & Modular Transporting - CS 12/31/2008 $15,645 $15,645 P
Move mobile home (old FS #13) to golf course
11/06/2008
064290 - PUGET SOUND
Puget Sound Energy, Inc. - Relocation of Utility PBPW
12/31/2008
$4,055
$4,055 P
ENERGY
Pole (Sunset/Hoquium)
11/04/2008
1067 - KING CNTY
King County - City lease for space at Fire CS
12/31/2009
$28,800
$28,800 R
Station 12 to accommodate a Medic One unit.
11/12/2008
WA Transportation (WSDOT) - Cooperative PBPW
12/31/2013
$0
$0 M
operation of traffic signals at the 1-405 ramp
located on Talbot Rd S
11/10/2008
1534 - KING CONSERVATION DIST ;
King Conservation District #9 - Agreement for PBPW
11/30/2008
$110,000
$110,000 R
the Carr Rd/Panther Creek Emergency Culvert
Repair & Fish Passage Project ($110,000
receivable).
11/12/2008 042586 - KNOTTY TREE SERVICE Knotty Tree Service - Contract to remove 10 PBPW 12/31/2008 $14,960 $14,960 P
poplar trees & prune other trees
11/18/2008 056263 - SUN LIGHTING Sun Lighting - Installation, maintenance and CS 01/25/2009 $69,386 $69,386 P
removal of holiday lighting
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CONTRACT ndum
Number iber Fully Executed Contractor
CAG-08-183 11 /20/2008
CAG-08-132
11/26/2008 078465 - STRAIGHTLINE
CONSTRUCTION &
Original
^urrent
Description Division Expiration
Contract
itract
Amount
,count Class
J.D. Striping - Sidewalk construction at CS 12/31/2008
$15,669
$15,669 P
Creekside Shelter -Gene Coulon Park
$135,160 P
Straightline Construction Remodeling, LLC - CS 03/31/2009
$135,160
City Hall HR Remodel - Tenant improvement to
convert former Finance Dept. space into a
suite for the HR dept
CAG-08-181
11/24/2008
059450 - PACIFIC
Pacific Groundwater Group - Maplewood
PBPW
03/31/2010
$24,750
$24,750
P
GROUNDWATER GROUP
Water Rights Certification Assistance
CAG-08-182
11/25/2008
009653 - BILFINGER
Bilfinger/Tri State Joint Venture - Utility
PBPW
12/31/2008
$200,500
$200,500
P
Relocation Agreement for Protection &
Relocation of Water 1-405 Stage 1 Project (MP
25.94 & MP 1.87)
CAG-08-179
12/03/2008
Wa Transportation -Bridge Work Agreement -
PBPW
12/31/2012
$0
$0
P
Maintenance Services
CAG-08-184
12/02/2008
Postal Express - Enterprise morning mail
FIS
08/31/2011
$41,387
$41,387
P
delivery and eveing mail pick-up, postage
metering
CAG-08-185
12/04/2008
089199 - WA ST DEPT OF
State of WA DNR - Removal of derelict Lake
EDNSP
12/31/2008
$200,000
$200,000
P
NATURAL RESOURCE
Washington Dry Docks
CAG-08-187
12/03/2008
068828 - WAGNER ARCHITECTS
Wagner Architects - Design services for the
CS
03/31/2009
$30,000
$30,000
P
upgrade of fire station 11
CAG-08-188
12/03/2008
Parametrix - Elliot Spawning Channel
PBPW
02/28/2009
$72,728
$72,728
P
Reconstruction Project
\\centra1\sys2\apps\informgold\reports\sitespec\renton\reports\cm Brian HildermanI .rpt Page 5 of 7
CONTRACT
Number
Addendum
Number Fully Executed
Contractor
Description
Division
Expiration
Original
Contract
Current
Contract
Amount
Amount
Class
CAG-08-189
12/01/2008
089125 - WSCCCE - AFSCME 21 R
Local 2170 - WA State Council of County & city
HR
12/31/2009
$0
$0
M
Employees - AFSCME, AFL-CIO - 2009 Union
Labor Contract
CAG-08-190
12/01/2008
067110 - RENTON
Renton Firefighters Local 864 Battalion
HR
12/31/2009
$0
$0
M
FIREFIGHTERS LOCAL 864
Chief/Safety Officer - 2009 Union Labor
Contract
CAG-08-191
12/01/2008
067110 - RENTON
Renton Firefighters Local 864 - 2009 Labor
HR
12/31/2009
$0
$0
M
FIREFIGHTERS LOCAL 864
Agreement
CAG-08-192
12/01/2008
Renton Police Officers Guild - Commissioned
HR
12/31/2009
$0
$0
M
Employees - 2009 Labor Agreement
CAG-08-193
12/01/2008
Renton Police Officers Guild -
HR
12/31/2009
$0
$0
M
Non-commissioned Employees - 2009 Labor
Agreement
CAG-08-174
12/09/2008
400024 - PIERCE CNTY
Pierce County Sheriffs Dept - Urban Search &
Fire
12/31/2999
$0
$0
M
SHERRIFF, CONTRACT
Rescue Memorandum of Agreement
PROCESSING ONLY
CAG-08-197
12/16/2008
Renton Chamber of Commerce - Renton
EDNSP
12/31/2009
$139,000
$139,000
P
Visitors Connection -Tourism Marketing
Campaign
CAG-08-198
12/16/2008
060277 - PARAMETRIX INC
Parametrix - Seaplane Base Dredging &
PBPW
04/30/2010
$163,350
$163,350
P
Shoreline Mitigation Project
CAG-08-199
12/18/2008
Hamilton/Saunderson - 2009 Marketing EDNSP 12/31/2009 $184,000 $184,000 P
Campaign
\\central\sys2 s\informgold\reports\sitespec\renton\reports\cmBrianHilderman1.
Page 6 of 7
CONTRACT idum Or-riginal lrrent
Number iber Fully Executed Contractor Description Contract tract
Division Expiration Amount Class
.,count
CAG-08-166 12/22/2008 005238 - APUS CONSTRUCTION Apus Construction, Inc - City Hall Third Floor CS 03/01/2009 $348,800 $348,800 P
INC Remodel
CAG-08-200 12/22/2008 George McBride dba GM2 Systems - FIS
Technology Management Agreement
($129,216.00 x 3 year)
CAG-08-203 12/23/2008 PRR, Inc. - Survey Services for West Hill AJLS
Annexation Area
CAG-08-202 12/31/2008 089920 - WASTE MANAGEMENT Waste Management - Solid Waste Collection PBPW
Contract- Comprehensive Garbage, Recylables
& Compostables Collection
CAG-08-204 12/30/2008 Washington State Patrol - WSP Access Police
Agreement Governing 24-Hour Hit
Confirmation
Fully Executed Contracts This Period: 61
12/31/2011 $387,648 $387,648 P
02/09/2009 $18,700 $18,700 P
05/31/2016 $7,900,000 $7,900,000 P
12/31 /2009 $0 $0 M
P = Payables $12,173,700
R = Receivables $5,206,259
M = Misc $250,000
\\central\sys2\apps\i nformgold\reports\sitespec\renton\reports\cm B rian H ildermanl .rpt
\\central\sys2\apps\informgold\reports\sitespec\renton\reports\cm Brian Hilderman1.rpt
Page 7 of 7
Contracts Expiring Between 01/01/2009 and 06/30/2009 01/12/2009
CONTRACT Addendum Original Current
Contract Contract
Number Number Fully Executed Contractor Division Expiration
Amount Amount Class
CAG-08-177 11/18/2008 056263 - SUN LIGHTING Sun Lighting - Installation, maintenance and CS 01/25/2009 $69,386 $69,386 P
removal of holiday lighting
CAG-08-120
07/24/2008
056490 - NW HYDRAULIC
Northwest Hydraulic Consultants, Inc -
PBPW
01/30/2009
$19,992
$19,992
P
CONSULTANTS INC
Sediment Survey of Cedar River
CAG-08-043
04/10/2008
062710 - PORTLAND ENERGY
Portland Energy Conservation, Inc. (PECI) -
PBPW
01/31/2009
$30,910
$30,910
P
CONSERVATION
WashWise Rebate Program
CAG-08-203
12/23/2008
PRR, Inc. - Survey Services for West Hill
AJLS
02/09/2009
$18,700
$18,700
P
Annexation Area
CAG-07-047 Adden #2-08 04/05/2007
009510 - BHC CONSULTANTS
BHC Consultants, LLC to remedy an existing
PBPW
02/28/2009
$49,996
$89,934
P
LLC
surface water problem located at 2302 Camas
Ave, resulting from surface water runoff
discharging via Dayton Ave NE, NE 22nd St
and surrounding areas
CAG-08-013
02/15/2008
041950 - KING CNTY METRO
King County Metro Transit Division - Flexpass
PBPW
02/28/2009
$34,980
$34,980
P
TRANSIT DIV
purchase agreement
CAG-08-188
12/03/2008
Parametrix - Elliot Spawning Channel
PBPW
02/28/2009
$72,728
$72,728
P
Reconstruction Project
CAG-08-166
12/22/2008
005238 - APUS CONSTRUCTION
Apus Construction, Inc - City Hall Third Floor
CS
03/01/2009
$348,800
$348,800
P
INC
Remodel
CAG-07-121
06/19/2007
058565 - OTAK INC
Otak, Inc - Staff Contract for Wetland and
EDNSP
03/31/2009
$22,800
$22,800
P
Stream Questions
CAG-08-019
02/18/2008
066450 - REID INSTRUMENTS
Reid Instruments - Consultant Agreement for
PBPW
03/31/2009
$33,203
$33,203
P
Hazen Reservoir Telemetry Upgrades,
Installation and Programming
\\central\sys2\
�informgold\reports\sitespec\renton\reports\cm Brian Hilderman0.r,
Page 1 of 4
Original
current
CONTRACT dum
Number oer
Fully Executed
Contractor
Division
Expiration
Contract
Amount
rant
Class '
punt
CAG-08-020
02/18/2008
060869 - PACE ENGINEERS INC
PACE - Surveying the White Fence Ranch
PBPW
03/31/2009
$48,000
$48,000
P
Sewer Extension
CAG-08-058
04/23/2008
031906 - HDR ENGINEERING INC
HDR Engineering, Inc. - Engineering
PBPW
03/31/2009
$80,928
$80,928
P
Consultant Agreement re: Automatic Meter
Reading Procurement Support
CAG-08-117
07/30/2008
068180 - RH2 ENGINEERING INC
RH2 Engineering - Replace Transformers &
PBPW
03/31/2009
$24,948
$24,948
P
Emergency Power Connections -Design
CAG-08-132
11/26/2008
078465 - STRAIGHTLINE
Straightline Construction Remodeling, LLC -
CS
03/31/2009
$135,160
$135,160
P
CONSTRUCTION &
City Hall HR Remodel - Tenant improvement to
convert former Finance Dept. space into a
suite for the HR dept
CAG-08-135
09/03/2008
010232 - BLUMEN CONSULTING
Blumen Consulting Group, Inc. -
EDNSP
03/31/2009
$16,850
$16,850
P
GROUP INC
Environmental Analysis for porosed
amendment to Boeing Renton Plant sub -district
1B
CAG-08-141
09/15/2008
031906 - HDR ENGINEERING INC
Water Distribution Storage Study
PBPW
03/31/2009
$128,162
$128,162
P
CAG-08-187
12/03/2008
068828 - WAGNER ARCHITECTS
Wagner Architects - Design services for the
CS
03/31/2009
$30,000
$30,000
P
upgrade of fire station 11
CAG-06-072 Adden #1A
04/27/2006
048352 - MCKINSTRY COMPANY
Heating, ventilating & air conditioning systems
CS
04/01/2009
$63,509
$136,879
P
services at City Hall; $63,509 annually for 3
years
CAG-08-051
04/01/2008
054706 - NATL TESTING
National Testing Network, Inc. - Service
Fire
04/01/2009
$8,745
$8,745
P
NETWORK
Agreement with National Testing Network, Inc.
for Firefighter entrance and recruitment testing
CAG-07-035
04/30/2007
046289 - MAGNUM PRINT
Provide the City with toner and printer services.
FIS
04/30/2009
$31,932
$31,932
P
SOLUTIONS
\\central\sys2\apps\iInform gold\reports\sitespec\renton\reports\cm Brian Hilderman0.rpt Page 2 of 4
Or— i9
Current
CONTRACT Addendum
Number Number
Fully Executed
Contractor
Division
Expiration
Contraactct
Amount
Contract
Class
Amount
CAG-07-177
10/04/2007
068180 - RH2 ENGINEERING INC
RH2 Engineering, Inc. - Services during
PBPW
04/30/2009
$220,602
$220,602
P
construction of Hazen 565 Zone Reservoir
CAG-08-082
06/04/2008
030110 - GOLDER ASSOCIATES
Golder Associates - Consultant contract for
PBPW
04/30/2009
$53,963
$53,963
P
INC
Cedar River monitoring for 205 project
LAG-00-002
04/05/2000
2894 - SYNTAX SYSTEMS
Syntax Systems, Inc. (Engenio Information
CS
04/30/2009
$0
$0
R
Technolgies) - Lease of 3rd floor of 200 Mill
Bldg. - Adden 1 - 4 extension of time for 1 year.
CAG-08-081
06/04/2008
058620 - OUTCOMES BY LEVY
Outcomes by Levy (Doug Levy) - Legislative
EDNSP
05/30/2009
$51,800
$51,800
P
Consultant Services (WA State)
CAG-05-141
08/22/2005
045247 - LOOMIS
Armored Car Services
FIS
05/31/2009
$26,314
$26,314
P
CAG-06-089 Adden #1-08
04/24/2006
064542 - PSR
Annual Maintenance HVAC system at
CS
06/01/2009
$7,736
$15,782
P
Maplewood Clubhouse
CAG-02-134 Adden #6-08 08/08/2002 042369 - KING CNTY FINANCE King County Department of Transportation, PBPW
Road Services - USACE Cedar River Section
205 Flood Reduction Project; Landsburg
Gravel Supplementation Mitigation Element
CAG-06-080 Adden #1-07 05/25/2006 2454 - CTED-ECONOMIC DEVI Washington State Department of Community, PBPW
Trade, and Economic Development Division
(WA CTED) - $5,000,000 grant for
infrastructure improvements at South Lake
Washington (The Landing)
CAG-07-130 07/10/2007 1340 - WASHINGTON STATE WA Transportation (WSDOT) - Commute Trip PBPW
Reduction funding agreement for 2007 - 2009
(Grant Amount $44,355.10)
CAG-08-158
09/17/2008 King County Sheriffs Office - Reimbursement Police
for Sex Offender related overtime (up to
$45,000)
06/30/2009 $30,206 $254,956 P
06/30/2009 $5,000,000 $5,000,000 R
06/30/2009 $44,355 $44,355 R
06/30/2009 $45,000 $45,000 R
\\central\sys2\, dnformgold\reports\sitespec\renton\reports\cmBrianHilderman0.rt Page 3 of 4
CONTRACT dum
Number _ ber Fully Executed Contractor Division Expiration
CAG-08-165 10/31/2008 091535 - W & H PACIFIC INC WH Pacific, Inc. - Architectural/Engineering PBPW 06/30/2009
Agreement for Logan Av Bike Lane
Construction Services
Expiring Contracts This Period: 40
Original
Contract
Amount
$20,031
Current
ract
)unt Class
$20,031 P
P = Payables $3,801,833
R = Receivables $5,089,355
M = Misc
\\central\sys2\apps\informgold\reports\sitespec\renton\reports\cm BrianHi Iderman0. rpt
\\central\sys2\apps\informgold\reports\sitespec\renton\reports\cm BrianHilderman0.rpt Page 4 of 4
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board.,
Staff Contact......
Subject:
Department of Community and
Economic Development
Development Services Division
Kayren Kittrick (x7299)
Temporary Road Closure of SE 192nd St from 102nd
Ave SE to 99th PI S
Exhibits:
Issue Paper
Vicinity Maps with Proposed Detour Routes
Resolution
Al #: a
For Agenda of
January 26, 2009
Agenda Status
Consent .............. X
Public Hearing..
Correspondence..
Ordinance .............
Resolution ............. X
Old Business........
New Business....... X
Study Sessions......
Information.........
Recommended Action: Approvals:
Legal Dept.........
Refer to Transportation Committee Finance Dept.....
Other ...............
Fiscal Impact:
Expenditure Required... N/A Transfer/Amendment.......
Amount Budgeted....... N/A Revenue Generated.........
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The SE 192nd St project consists of building, improving/widening the existing street, and
providing gutter, sidewalk and pavement widening improvements for the Talbot Ridge Estates
plat development. In addition the plat is required to alleviate existing the sight distance
deficiencies at the SE 192nd St and 102 Ave SE intersection. To correct the existing road sight
distance deficiencies and to complete the full width road regrade required by King County the
engineering design shows that the road will have to be raised up to a maximum 4.5 feet. The total
length of road regrade is 500 feet.
Since the construction will be limited to a strict time for completion and to help lower
construction costs, the Development Services Division is requesting a full temporary closure of
SE 192nd St. Traffic for both directions will be detoured to S Carr Rd or SE 200th St. The
estimated duration of the closure is 12 (twelve) days.
The temporary road closure will take place between the dates of May 11, 2009 and May 22, 2009.
STAFF RECOMMENDATION:
Authorize the temporary closure of SE 192nd St from 102nd Ave SE to 99th Pl S and adopt the
resolution authorizing the temporary closure.
H:\Division.s\Dcvelop.ser\Plan.rev\Arneta\SE192NDST Closure Agenda Bill.doc
�ti`11 O� DEPARTMENT OF COMMUNITY AND
�_ R , ECONOMIC DEVELOPMENT
N�o� M E M O R A N D U M
DATE: January 26, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
Diu FROM: Alex Pietsch, Administrator K1AQ
STAFF CONTACT: Kayren Kittrick, Project Manager (x7299)
SUBJECT: Temporary Road Closure of SE 192nd St from
102nd Ave SE to 99th PI S to take place between
May 11, 2009, and May 22, 2009
ISSUE:
Should the City allow a full temporary road closure of SE 192nd St from 102nd Ave SE
to 99th PI S as part of the construction of the Talbot Ridge Estates plat?
RECOMMENDATION:
Authorize the temporary closure of SE 192nd St from 102nd Ave SE to 99th PI S and
adopt the resolution authorizing the temporary closure.
BACKGROUND SUMMARY:
The SE 192nd St project consists of building, improving/widening the existing street, and
providing sewer, storm water and water main improvements for Talbot Ridge Estates plat
development.
The road closure is necessary to complete the full -width road restoration work in a timely
manner. With the road closure, it is estimated the project will take 12 days to complete.
However, without the ability to close the road and complete the work all at once, it is
estimated it would take an additional 5 days to complete the same work. The reason is
because of the need for daily reestablishment of a driving surface and reopening the road
following construction causing increased inconvenience to the surrounding residents, as
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
well as increased costs due to the additional traffic control and safety measures that
would be required each night and weekend when no one will be present to direct traffic.
Allowing construction of the improvements on SE 192nd St while it is closed to traffic
permits the contractor to build the improvements easier and quicker compared to building
the improvements simultaneously with traffic on the roadway. This would be a great
benefit by allowing the project to maintain the construction deadline provide better safety
for the public, and minimize the duration of traffic disruption.
All lanes of SE 192nd St will be closed during its reconstruction. Traffic for both
directions will be detoured to S Carr Rd or SE 200th St. The estimated duration of the
closure is twelve days. The rest of the project can be constructed without any major
traffic impacts.
The temporary road closure will start on Monday, May 11, 2009. Per City Code, the
public will have advanced notification of the closure dates prior to construction
beginning, and updates as the construction progresses. Signs will be erected as well as
notifications in the Renton Reporter to notify the public of the projected closure.
Attachments
cc: Peter Hahn, Deputy PBPW Administrator - Transportation
Neil Watts, Developments Services Director
Arneta Henninger, Engineering Specialist, Development Services
H:\Division.s\Deveiop.ser\Plan.rev\Ameta\SE 192ND ST Issue Papendoc
Bkelopment Management Fingi mi-4 LLC
The Developers Engineering Advocate
December 1, 2008
Arneta Henninger
Engineering Specialist
Development Services Division
City of Renton
1055 South Grady Way
Renton, WA 98055
RE: ROAD CLOSURE REQUEST — SE 192 STREET BETWEEN 102ND AVE SE AND
APPROXIMATELY 400 FEET WEST FOR TALBOT RIDGE ESTATES, KING COUNTY
PROJECT NUMBER L05P0007
Dear Arneta:
I am writing on behalf of Talbot Ridge Estates, LLC to request authorization to close SE 192nd St
between 102nd Ave SE and 991h PI S for the purpose of completing off -site road improvements
related to our Talbot Ridge Estates development. Refer to attached Vicinity Map.
The area is part of the Benson Hill annexation. The off -site road improvements were mandated
by King County to address existing county road sight distance deficiencies. As part of the
program, King County approved complete road closure for the duration of road reconstruction.
At the pre -construction meeting, we were advised that with the property now within the City of
Renton, we need City Council approval for road closure. This letter is the formal request for
Council approval.
Description of Work. SE 192nd Street from 98th Ave S to 102nd Ave SE has a
sinuous alignment as it winds from the valley floor to the upper plateau. This
alignment has created sight distance deficiencies throughout. The Talbot Ridge
Estates development is located in the SW corner of the SE 192nd St and 102nd Ave
SE intersection. The development has approximately, 250 feet of frontage on SE
192nd St. The frontage improvements required by King County includes curb and
gutter, sidewalk and pavement widening. In addition to the frontage improvements,
King County has burdened the project with the requirement to alleviate existing the
sight distance deficiencies at the SE 192nd St and 102nd Ave SE intersection. To
address this deficiency, the roadway will have to be raised up to 4.5 feet and with the
need for a safe transition to existing grades the regrading will be extended for a total
length of 500 feet. The estimated total amount of fill is 3000 Tons.
The portion of SE 192nd St proposed for complete closure during construction is from
the west ROW line of the 102nd Ave SE intersection to approximately 400 feet west.
Access to 102nd Ave SE is to be maintained during construction.
2. Impacts on Surrounding Community. SE 192nd St is an alternate route between
the valley and Benson Highway, SR 515. The detour routes for traffic using SE 192nd
St are S Carr Road to the north and SE 2001h St to the south. Local traffic on SE
192nd St west of the closure will be accessible from Talbot Road while traffic from
102nd Ave SE and east will be accessible from Benson Highway.
5326 SW Alarming 5ti-vot, Scattle NVA 98116 ('t,11 Phone: 206 14-7 161
wNi.w.sitednue.conn Fax: 206 913:3-1049
t'tuail: c1iIT(i1)sitt'd1uv.colt
SE 192"d St is on the Kent School District school bus routes for elementary, middle,
high school and midday kindergarten students. The District confirmed they can
accommodate the closure by revising the bus routes.
Two residential lots have driveways accessing SE 192"d St in the regrade zone.
Access will be maintained to these properties, as needed during construction.
3. Value of Work to be Performed. The estimated total cost for the frontage
improvements and road regrade is $120,000. If a road closure is not approved, the
cost will increase by $40,000 and add an additional week to complete if only partial
closure is permitted. The additional cost is related to traffic control and reestablishing
a two lane driving surface at the end of each work day.
It is important to note that the cost for standard frontage improvements for this project
is $50,000. The additional costs of $70,000 and $110,000 are related to correcting
existing county road deficiencies.
4. Justification for Road Closure. The road closure is needed to complete the full -
width road regrade required by King County to correct existing road sight distance
deficiencies. With up to a 4.5 foot fill required, road closure was part of the original
plan approval by King County, see attached approved Detour Plan.
With road closure, we anticipate it will take 12 days to complete the work. With
partial road closure, it will take an additional 5 days to complete the work because of
the need for daily reestablishment a driving surface and reopening the road following
construction work. Road closure will provide better safety for the public and minimize
the duration of traffic disruption.
5. Road Closure Standard Traffic Control Plan and Re-routing Maps. Please refer
to the SE 192" St Road Closure Plan as well as the King County approved plan
dated 3/27/2008.
6. Public Notice. Notice of the proposed road closure will run in the Renton Reporter
for 2 consecutive weeks, beginning three weeks before the road closure is to
commence. In addition, the Kent School District and Valley Medical Center will be
advised by letter after Council approval is received. A second notice will be forward
to both parties two weeks before road closure commences.
Construction Schedule. We proposed closing the road on Monday morning, May
11, 2009 and reopening on Friday afternoon, May 22, 2009.
If you require additional information, please contact me
approval. Thank you
Yours truly,
1.
4CIiilliams, PE
Attachments
I look forward to receiving Council
5326 SW Pbanning 5ti-ect, Scuttle NVA 98116 ('r,]1 Phone: N6 71.4-7161
www.sitedille.coln Fax: 206 933-1049
vinail: cliff(a)5itedine.c nu
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CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE TEMPORARY TOTAL CLOSURE OF SE 192ND
STREET FROM 102ND AVENUE SE TO 99TH PLACE S FROM MAY 11,
2009 TO MAY 22, 2009.
WHEREAS, SE 192"d Street is scheduled for building, improving and widening the
existing street; and
WHEREAS, this construction activity will require a temporary street closure along SE
192"d Street from 102"d Avenue SE to 99`' Place S; and
WHEREAS, to facilitate this construction and allow for a safe condition for both
vehicles and pedestrians it is necessary to do this work under a temporary street closure; and
WHEREAS, this temporary street closure will take place between May 11, 2009, and
May 22, 2009, to be extended depending upon weather conditions; and
WHEREAS, pursuant to City Code Section 9-9-3 the City Council is to authorize such
closures by means of a Resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The City Council does hereby authorize the temporary closure of
SE 192" d Street from 102"d Avenue SE to 991h Place S, to occur during the period of May 11,
2009, to May 22, 2009, to be extended upon weather contingencies, to allow the contractor to
construct the roadway and utility improvements.
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of 12009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1393:1/14/09:scr
Denis Law, Mayor
2
CITY OF RENTON COUNCIL AGENDA BILL
AI # To
Submitting Data: CED
Dept/Div/Board.. Development Services Division
Staff Contact...... Arneta Henninger X7298
Subject:
Phung Final Plat
File No.: LUA 08-054FP (Preliminary Plat LUA 07-
027)
Exhibits:
Resolution and legal description
Staff report and Recommendation January 13, 2009
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required...
Amount Budgeted.......
Total Project Budget
N/A
For Agenda of. January 26, 2009
Agenda Status
Consent..............X
Public Hearing..
Correspondence.. Ordinance.........
Resolution ............ X
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept ......... X
Finance Dept......
Other ...............
Transfer/Amendment.......
Revenue Generated.........
City Share Total Project..
SUMMARY OF ACTION:
This final plat subdivides 0.49 acres into two single family residential lots with water, sewer,
storm and streets. All conditions placed on the preliminary plat by the City of Renton will be met
prior to recording the plat.
STAFF RECOMMENDATION:
Approve the Phung Final Plat, LUA 08-05417P, with the following conditions and adopt the
resolution.
1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff
prior to the recording of the plat.
2. All plat fees shall be paid prior to recording the plat.
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (PHUNG FINAL PLAT; FILE NO. LUA-08-
054FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain
tract of land as hereinafter more particularly described, located within the City of Renton, has
been duly approved by the Department of Community and Economic Development; and
WHEREAS, after investigation, the Administrator of the Department of Community and
Economic Development has considered and recommended the approval of the final plat, and the
approval is proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the Department of Community and
Economic Development pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
RESOLUTION NO.
(The property, consisting of approximately 0.49 acres, is located in the vicinity of
Lynnwood Ave NE at NE 26` CT.)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the Department of Community and
Economic Development dated January 13, 2009.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1394:1 /21/09:scr
Denis Law, Mayor
2009.
2
EXHIBIT `A'
LEGAL DESCRIPTION
LOT 45, HONEY CREEK RIDGE DIVISION NO. 3, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 178 OF PLATS, PAGE (S) 76 THROUGH 78,
INCLUSIVE, IN KING COUNTY WASHINGTON.
DEVELOPMENT SERVICES DIVISION
BUILDING/PLANNING/PUBLIC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT:
LOCATION:
SUMMARY OF REQUEST:
RECOMMENDATION:
Kiet Phung and Rose Ong
Phung Final Plat
(Preliminary Plats LUA 07-027PP)
File: LUA 08-054FP
Lynnwood Ave NE at NE 26th Ct all in
Section 4, Twp. 23 N. Rng. 5 E.
Final Plat for 2 single family residential lots
with water, sewer, storm and streets.
Approve With Conditions
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record documents in this matter, staff now makes and enters the following:
FINDINGS:
1. The applicant, Kiet Phung and Rose Ong, filed a request for approval of a 2 lot Final Plat.
2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA)
documentation and other pertinent materials was entered into the record as Exhibit No. 1.
3. The Environmental Review Committee (ERC), the City's responsible official, issued a
Determination of Non -Significance -Mitigated on April 16, 2007, for the subject proposal.
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. The subject site is located on Lynnwood Ave NE at NE 26th Ct. The new plat is located in
Section 4, Twp. 23 N. Rng. 5 E.
6. The subject site is a 0.49 acre parcel.
7. The Preliminary Plat received City of Renton Council approval on July 16, 2007.
8. The property is located within the R-8 Zoning.
9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan.
10. The Preliminary Plats were subject to a number of conditions as a result of both environmental
review and plat review.
The applicant will be required to comply with the recommendations found in the
geotechnical report titled "Proposed Short Plat of Lot 45 Honey Creek Ridge Div.3 "
prepared by Dennis Joule (dated February 12, 2007).
The applicant will continue to comply with the geotechnical report recommendations
with house and utility service line construction.
2. The project shall comply with the DOE's Erosion and Sediment Control Requirement,
outlined in Volume II of the 1990 Stormwater Management Manual.
The applicant will continue to comply with the DOE's sediment control requirements
with house and utility service line construction.
3. Major earthwork shall occur only between the months ofApril-October.
Major earthwork associated with house and utility service line construction will
occur only between the months of April -October.
11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary
Plat.
1. The applicant shall comply with the Mitigation Measures required by the Environmental
Review Committee Threshold Determination.
Demolition permits were obtained and finalized through the City of Renton.
2. The applicant shall remove the existing access easement prior to final plan recording or
redesign the building to comply with setback measurements from the access easement.
The easement cannot be removed without the grantees permission. Thus far that
permission has not been obtained. If the easement does not get removed, it is
understood that any structures built upon the two lots will have to adhere to the
proper setbacks from the easement. The easement document imposes no setbacks
from the easement.
3. Prior to final plan approval, the applicant shall submit a detailed landscape plan to the
Development Services project manager indicating the two conifers to be saved. If the two
trees cannot be retained, the applicant must submit a proposal to plant two new conifers.
A landscape plan showing two trees to be planted was submitted/reviewed and is
pending approval.
4. The applicant shall redesign driveway slopes to be less than 15% or apply for a variance.
The driveways shall be redesigned to be less than 15% slope as required. A
Conceptual Driveway Plan was submitted that demonstrates that a driveway with a
slope of less than 15% is feasible.
5. Prior to the recording of the plat, the applicant shall be required to pay a Fire Mitigation
Fee of $946.00 for two new single family lots.
The applicant will pay this required fee prior to recording.
PHUNGFP.DOC/
6. The applicant will be required to pay Traffic Mitigation fees of $1,435.50 for two new lots
prior to recording of the plat.
The applicant will pay this required fee prior to recording.
The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and
therefore should be approved by the City Council.
RECOMMENDATION:
The City Council should approve the Final Plat with the following conditions:
1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior
to the recording of the plat.
2) All fees shall be paid prior to the recording of the plat.
SUBMITTED THIS 13TH DAY OF JANUARY, 2009
DEttLOPMENT SERVICES DIVISION
PHUNGFP.DOC/
EXHIBIT `A'
LEGAL DESCRIPTION
LOT 45, HONEY CREEK RIDGE DIVISION NO. 3, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 178 OF PLATS, PAGE (S) 76 THROUGH 78,
INCLUSIVE, IN KING COUNTY WASHINGTON.
S.E. 95TH WAY
S.E. 96TH PLACE
(DEAD END ROAD)
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PHUNG PLAT
A TWO LOT PLAT
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CRY OF RENTON, KING COUNTY, WASHINGTON
SE 96TH PLACE
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CITY OF RENTON COUNCIL AGENDA BILL
Data:
Dept/Div/Board.. Fire & Emergency Services Dept.
Staff Contact...... Bill Flora, Deputy Fire Chief
subject:
Approval of the King County Contract D39025D -
Injury Prevention Mini -Grant - and adoption of the
corresponding resolution.
Issue Paper
Resolution
Contract
Consent .............. X
Public Hearing..
Correspondence..
Ordinance .............
Resolution............ X
Old Business........
New Business.......
Study Sessions......
Information........ .
Recommended Action: Approvals:
Council Concur Legal Dept......... X
Finance Dept......
Other ............... HR/RM X
Fiscal Impact:
Expenditure Required... 7,000.00 Transfer/Amendment.......
Amount Budgeted....... 7,000.00 Revenue Generated......... 4,500.00
Total Project Budget 11,500.00 City Share Total Project.. 7,000.00
FACTION:
The support of King County's mini -grant is vital to supporting and further developing the RF&ESD's
injury prevention efforts for seniors in our community.
XFF RECOMMENDATION:
Approve a contract with King County in the amount of $4,500.00 for the RF&ESD's injury
prevention efforts and adopt the resolution.
Rentonnet/agnbill/ bh
Y O� FIRE & EMERGENCY
Uf*14
SERVICES DEPARTMENT
M E M O R A N D U M
DATE: January 26, 2008
TO: Randy Connan, Council President
Members of the City Council
CC: Denis Law, Mayor
FROM: I. David Daniels, Fire Chief/Emergency Services Administrator
STAFF CONTACT: Bill Flora, Deputy Fire Chief/Fire Marshal
SUBJECT: King County Contract for Services - Injury Prevention
Mini Grant
ISSUE
King County has granted the Renton Fire & Emergency Services Department (RF&ESD) with
$4,500.00 to help with injury prevention efforts and have provided a contract for this grant.
The contract is effective Jan 1 - Dec 31, 2009.
RECOMMENDATION
Staff recommends that Council adopt the resolution and approve the contract with King County
to support the RF&ESD's injury prevention efforts. This year's efforts include participation in
the Valley Medical Center Senior Health Fair, a workshop for seniors who are partially
sighted or blind, and free health screenings.
BACKGROUND
In the City of Renton over 10% of the population consists of persons over 65 years of age. Over
the course of three years (2004-2006) it was reported that nearly 1,000 people fell and required
EMS services in the city's service area. The RF&ESD's mission is to maintain a safe and livable
city. To achieve this mission we applied for a mini -grant from King County to support and
further develop our injury prevention efforts for seniors in the City of Renton community.
CONCLUSION
The support of King County's mini -grant is vital to supporting and further developing the
RF&ESD's injury prevention efforts for seniors in our community.
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
GRANT CONTRACT WITH KING COUNTY REGARDING
REIMBURSEMENT TO RENTON FIRE & EMERGENCY SERVICES
DEPARTMENT FOR INJURY PREVENTION PROGRAMS AND
EFFORTS.
WHEREAS, the Renton Fire & Emergency Services Department has the skills, abilities
and staffing to do health and vision screenings to prevent injuries, particularly in the senior
community; and
WHEREAS, King County has funds available to assist in that effort; and
WHEREAS, it is necessary to document the terms and conditions under which the funds
are made available; and
WHEREAS, the funding under this grant contract is intended as reimbursement to the
City of Renton for the following: health and vision screenings to include materials and
professional services and future costs related to injury prevention efforts;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into a
contract with King County entitled King County Contract for Services with Other Government,
Institution or Jurisdiction — 2009, King County Contract No. D39025D, for the Injury Prevention
Project, and any other or similar agreements providing similar services.
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of )2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of )2009.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES :13 90:12/29/08: scr
Public Health
Seattle & King County
King County Contract No. D39025D
Federal Taxpayer ID No.
DEC 19 2008
This form is available in alternate formats for people with disabilities upon request.
KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION,
OR JURISDICTION - 2009
Department
Division
Seattle -King County Dept. of Public Health (a.k.a.
Public Health — Seattle & King County)/EMS
Contractor
City of Renton Fire & Emergency Services Dept
Project Title
Injury Prevention Mini -Grant
Contract Amount $
$4,500.00- Four Thousand Five Hundred Dollars and
Zero Cents
Contract Period
Start date: 01/01/2009 End date: 12/31/2009
THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Renton Fire &
Emergency Services Dept (the "Contractor"), whose address is 1055 South Grady Way, 6th FI, Renton,
WA 98057.
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCES
FUNDING LEVELS
EFFECTIVE DATES
Real Property Taxes -Curren
$4,500.00
1 1/1/09 to 12/31/09
and
WHEREAS, the County desires to have certain services performed by the Contractor as described in this
Contract, and as authorized by the 2009 Annual Budget.
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,
to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
I. Incorporation of Exhibits
The Contractor shall. provide services and comply with the requirements set forth in the following
attached exhibits, which are incorporated herein by reference:
• Exhibit A: Scope of Work/Program Plan
• Exhibit B: Budget
• Exhibit C: Reporting Requirements
• Exhibit D: Invoice
• Exhibit E: Mission, Method, and Expectations
• Exhibit F: Certificate of Insurance and Additional Insured Endorsement
II. Term and Termination
A. This Contract shall commence on 01/01/2009, and shall terminate on 12/31/2009, unless extended
or terminated earlier, pursuant to the terms and conditions of the Contract.
SKCDPH-Agency BP:1 of 13
among the budget categories is expected to exceed 10% of the Contract amount in any Contract
budget. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment.
E. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging,
and meal expenses are limited to the eligible costs based on the following rates and criteria.
1. The mileage rate allowed by King County shall not exceed the current Internal Revenue
Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate
shall be paid for the operation, maintenance and depreciation of individually owned vehicles
for that time which the vehicle is used during work hours. Parking shall be the actual cost.
When rental vehicles are authorized, government rates shall be requested. If the Contractor
does not request government rates, the Contractor shall be personally responsible for the
difference. Please reference the federal web site for current rates: http://www.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal travel
requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The
Contractor shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work activity
of limited duration and only one round-trip ticket, per person, shall be billed per trip.
IV. Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental accounting
and financial reporting standards.
V. Debarment and Suspension Certification
Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are
excluded from contracting with the County. The Contractor, by signature to this Contract, certifies
that the Contractor is not presently debarred, suspended, or proposed for debarment by any
Federal department or agency. The Contractor also agrees that it will not enter into a subcontract
with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees
to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for
debarment by any Federal department or agency. For more information on suspension and
debarment, see Federal Acquisition Regulation 9.4.
VI. Maintenance of Records/Evaluations and Inspections
A. The Contractor shall maintain accounts and records, including personnel, property, financial, and
programmatic records and other such records as may be deemed necessary by the County to
ensure proper accounting for all Contract funds and compliance with this Contract.
B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth
in Section XIV. below, the Contractor shall maintain the following:
1. Records of employment, employment advertisements, application forms, and other pertinent
data, records and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor
by all businesses seeking to participate on this Contract, and any other information
necessary to document the actual use of and payments to subcontractors and suppliers in
this Contract, including employment records.
The County may visit, at any mutually agreeable time, the site of the work and the Contractor's
office to review the foregoing records. The Contractor shall provide every assistance requested by
SKCDPH-Agency BP:3 of 13
6. The Contractor agrees to make available protected health information in accordance with 45
CFR § 164.524.
7. The Contractor agrees to make available protected health information for amendment and
incorporate any amendments to protected health information in accordance with 45 CFR §
164.526.
8. The Contractor agrees to make internal practices, books, and records, including policies and
procedures and protected health information, relating to the use and disclosure of protected
health information received from, or created or received by the Contractor on behalf of King
County, available to the Secretary, in a reasonable time and manner for purposes of the
Secretary determining King County's compliance with the privacy rule.
9. The Contractor agrees to make available the information required to provide an accounting
of disclosures in accordance with 45 CFR § 164.528.
B. Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions, activities, or
services for, or on behalf of, King County as specified in this Contract, provided that such use or
disclosure would not violate the Privacy Rule if done by King County or the minimum necessary
policies and procedures of King County.
C. Effect of Termination
1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for
any reason, the Contractor shall return or destroy all protected health information received
from King County, or created or received by the Contractor on behalf of King County. This
provision shall apply to protected health information that is in the possession of
subcontractors or agents of the Contractor. The Contractor shall retain no copies of the
protected health information.
2. In the event the Contractor determines that returning or destroying the protected health
information is infeasible, the Contractor shall provide to King County notification of the
conditions that make return or destruction infeasible. Upon notification that return or
destruction of protected health information is infeasible, the Contractor shall extend the
protections of the Contract to such protected health information and limit further uses and
disclosure of such protected health information to those purposes that make the return or
destruction infeasible, for so long as the Contractor maintains such protected health
information.
VIII. Audits
A. If the Contractor or subcontractor is a municipal entity or other government institution or
jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total
of $500,000 or more in federal financial assistance and has received federal financial assistance
from the County during its fiscal year, then the Contractor or subcontractor shall meet the
respective A-133 requirements described in subsections VIII.B. and VIII.C.
B. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its
financial statement and condition, which shall comply with the requirements of GAAS (generally
accepted auditing standards); GAO's Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable.
The Contractor shall provide a copy of the audit report to each County division providing financial
assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's
fiscal year. The Contractor shall provide to the County its response and corrective action plan for
all findings and reportable conditions contained in its audit. When reference is made in its audit to
a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide
copies of those communications and the Contractor's response and corrective action plan.
Submittal of these documents shall constitute compliance with subsection VIII.A.
SKCDPH-Agency BP:5 of 13
A. In providing services under this Contract, the Contractor is an independent Contractor, and neither
it nor its officers, agents, employees, or subcontractors are employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance,
and Social Security liability that may result from the performance of and compensation for these
services and shall make no claim of career service or civil service rights which may accrue to a
County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of
this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses whatsoever
occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages,
benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or support of the
performance of this Contract.
B. The Contractor further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional act,
and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its
officers, employees, agents, or subcontractors. This duty to repay the County shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Duration of
Contract or the Termination section.
C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in
any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees,
subcontractors and/or agents in its performance or non-performance of its obligations under this
Contract In the event the County incurs any judgment, award, and/or cost arising therefrom
including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the Contractor.
D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in
any way result from, the negligent acts or omissions of the County, its officers, employees, or
agents in its performance or non-performance of its obligations under this Contract. In the event
the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees
to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County.
E. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
F. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
XII. Insurance Requirements
A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration
of this Contract, insurance against claims for injuries to persons or damages to property which may
arise from, or in connection with, the performance of work hereunder by the Contractor, its agents,
representatives, employees, and/or subcontractors_ The costs of such insurance shall be paid by
the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and
policy endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract. The Contractor is responsible for ensuring compliance with all of
the insurance requirements stated herein. Failure by the Contractor, its agents, employees,
officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance
requirements stated herein shall constitute a material breach of this Contract.
B. Minimum Scope and Limits of Insurance
SKCDPH-Agency BP:7 of 13
a. The County, its officers, officials, employees, and agents are to be covered as
additional insureds as respects liability arising out of activities performed by or on
behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its
equivalent)
b. The Contractor's insurance coverage shall be primary insurance as respects the
County, its officers, officials, employees, and agents. Any insurance and/or self-
insurance maintained by the County, its offices, officials, employees, or agents shall
not contribute with the Contractor's insurance or benefit the Contractor in any way.
c. The Contractor's insurance shall apply separately to each insured against whom claim
is made and/or lawsuit is brought, except with respect to the limits of the insurer's
liability.
2. All Policies
a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits,
except by the reduction of the applicable aggregate limit by claims paid, until after
forty-five (45) days prior written notice has been given to the County.
b. Each insurance policy shall be written on an "occurrence" form; except that insurance
on a "claims made" form may be acceptable with prior County approval.
If coverage is approved and purchased on a "claims made" basis, the Contractor
warrants continuation of coverage, either through policy renewals or the purchase of
an extended discovery period, if such extended coverage is available, for not less than
three (3) years from the date of Contract termination, and/or conversion from a "claims
made" form to an "occurrence" coverage form.
E. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests'
rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of
Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests'
rating of B+VII. Any exception must be approved by King County.
If, at any time, the foregoing policies shall fail to meet the above minimum requirements the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall
submit the same to the County, with appropriate certificates and endorsements, for approval.
F. Verification of Coverage
The Contractor shall furnish the County certificates of insurance and endorsements required by
this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as
exhibits to the Contract. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on forms approved by the County prior to the
commencement of activities associated with the Contract. The County reserves the right to require
complete, certified copies of all required insurance policies at any time.
G. Municipal or State Contractor Provisions
If the Contractor is a Municipal Corporation or a Contractor of the State of Washington and is self -
insured for any of the above insurance requirements, a certification of self-insurance shall be
attached hereto and be incorporated by reference and shall constitute compliance with this
Section.
H. Insurance for Subcontractors
If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor
shall include all subcontractors as insureds under its policies or shall require separate certificates
SKCDPH-Agency BP:9 of 13
C. The Contractor shall maintain, until at least 12 months after completion of all work under this
Contract, records and information necessary to document its level of utilization of M/WBEs and
other businesses as subcontractors and suppliers in this Contract and in its overall public and
private business activities. The Contractor shall also maintain, until 12 months after completion of
all work under this Contract, all written quotes, bids, estimates or proposals submitted to the
Contractor by all businesses seeking to participate in this Contract. The Contractor shall make
such documents available to the County for inspection and copying upon request. If this Contract
involves federal funds, Contractor shall comply with all record keeping requirements set forth in
any federal rules, regulations or statutes included or referenced in the Contract documents.
D. King County encourages the Contractor to utilize small businesses, including Minority -owned and
Women -owned Business Enterprises ("M/WBEs") in County contracts. The Washington State
Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified
M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at
www.wsdot.wa.gov/omwbe/.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a material
breach of Contract for which the Contractor may be subject to damages and sanctions provided for
by Contract and by applicable law.
XVI. Conflict of Interest
A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with
any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in
termination of this Contract pursuant to Section II and subject the Contractor to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration, thing
of value or gift, whether in the form of services, loan, thing or promise, in any form to any county
official or employee. The Contractor acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current contracts with the county will be cancelled and it
shall not be able to bid on any county contract for a period of two years.
C. The Contractor acknowledges that for one year after leaving County employment, a former county
employee may not have a financial or beneficial interest in a contract or grant that was planned,
authorized, or funded by a county action in which the former county employee participated during
county employment. Contractor shall identify at the time of offer current or former County
employees involved in the preparation of proposals or the anticipated performance of Work if
awarded the Contract. Failure to identify current or former County employees involved in this
transaction may result in the County's denying or terminating this Contract. After Contract award,
the Contractor is responsible for notifying the County's Project Manager of current or former
County employees who may become involved in the Contract any time during the term of the
Contract.
XVII. Equipment Purchase, Maintenance, and Ownership
A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a
cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a
Contract budget item, is upon its purchase or receipt the property of the County and/or
federal/state government.
B. The Contractor shall be responsible for all such property, including the proper care and
maintenance of the equipment.
C. The Contractor shall ensure that all such equipment will be returned to the County or federal/state
government upon termination of this Contract unless otherwise agreed upon by the parties.
D. The County will provide property tags so Contractor can mark property. The Contractor shall admit
County staff to the Contractor's premises for the purpose of confirming property has been marked
SKCDPH-Agency BP:11 of 13
XXV. Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and
regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Contract, all of which are incorporated
herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or attachment to
this Contract, the language in the Contract shall have control over the language contained in the exhibit
or the attachment, unless the parties affirmatively agree in writing to the contrary.
XXVI.Applicable Law
This contract shall be construed and interpreted in accordance with the laws of the State of Washington.
The venue for any action hereunder shall be in the Superior Court for King County, Washington.
IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract:
City of Renton Fire & Emergency
KING COUNTY Services Dept
King County Executive
Date
FOR
Approved as to Form:
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
PHSKC Contract # D39025D - Injury Prevention Mini -Grant
Signature
NAME (Please type or print)
Date
SKCDPH-Agency BP:13 of 13
Contract # D39025D
IV. Public Health Seattle -King County Department, Emergency Medical Services
Division, shall reimburse to the Agency:
A. Project materials and associated costs needed for their Senior Health Fair, Lions
Club regional vision unit, and educational workshops
B. Provide a program manager to maintain liaison with the Agency regarding all
contract activities.
Revised 10/29/09
Contract # D39025D
Public Health — Seattle & King County
Emergency Medical Services
EXHIBIT C
2009 Contract Reporting Requirements
Renton Fire and Emergency Services Department
Injury Prevention Mini -Grant Program
The Agency shall comply with the following reporting requirements during the contract
period:
1) Frequency of project reports and invoices must be submitted on quarterly bases and at
the conclusion of project. These reports and invoices must include:
• Accomplishments compared to project goals and activities; the number of clients
seen for a health/vision screening at community health fairs and workshops; and,
evaluation summary of clients who participated in screenings.
• Were activities accomplished as scheduled?
• Financials, details on the project expenses- due dates April 15, July 15, Oct 15,
Dec 23, 2009
• Invoices must be mailed to Alan Abe, King County EMS, 401 Fifth Ave., Suite
1200, Seattle, WA 98104.
Revised 10/1/08
EXHIBIT E
Mission, Method, and Expectations
Public Health Program Activities Provided by Community Partners
A. Mission
■ The overall mission of Public Health — Seattle & King County is to provide public
health services that promote health and prevent disease to King County residents, in
order to achieve and sustain healthy people and healthy communities.
B. Method
One of the key methods that Public Health — Seattle & King County uses to support
this mission and extend the reach of public health program activities is to engage in
contractual partnerships with community based organizations. This partnering activity
increases access to needed and mandated health services, and enables community
partner agencies and the people they serve to benefit from service models that are
informed by sound public health principles and practices. Community partner
organizations, with the support of funds provided through this contractual
relationship, extend Public Health's activities to promote population health, according
to goals and outcomes determined under state and national performance standards.
C. Expectations
■ Public Health expects that its community based contracting partners will perform
contracted health services in accordance with the goals, performance measures, and
accountability methods that are outlined in the program -specific exhibits that
accompany this contract.
■ Public Health will provide professional and technical assistance to community
partner organization program staff in order to support the development and
maintenance of strong and effective program services.
■ Public Health and community partner organizations will collaborate in developing
and performing program evaluation activities that will measure the effectiveness of
program efforts, including efforts to measure the impact of program activities on the
health status of residents of King County.
Renton Fire and Emergency Services — KC EMS Grant Pro TN77 -7,
Problem Identification
In the United States more than one third of adults 65 and older fall each year DEC 19 2008
• Of those who fall, 20 /o to 30 /o suffer moderate to severe injuries that make it hard t t �� ftY ` t��daa dble. and.
0 0 -
increase the chance of early death (Alexander et al. 1992).
• The total direct cost of all fall injuries for people 65 and older in 2000 was slightly more than $19 billion: $0.2
billion ($179 million) for fatal falls, and $19 billion for nonfatal falls (Stevens et al. 2006).
• Older adults are hospitalized for fall -related injuries five times more often than they are for injuries from other
causes (Alexander et al. 1992)
• Falls are the leading cause of unintentional injuries in the home, resulting in approximately 11,000 deaths to older
adults annually.
• The injuries received from a fall can result in death, disability, nursing -home admission, and direct medical costs
In King County, fall -related events comprised of 17% of EMS responses among persons 65 years old and older. The risk
of a recurrent fall in the next year in this group will approached 50%. From 2000 to 2004, in King County there were
16,149 hospitalizations for people 65 years old and older who had a fall event.
In the City of Renton statistics show that over 10% of the population consists of persons 65 years old. Over the course of
three years (2004, 2005, 2006) it was reported that nearly 1,000 people fell and required EMS services in the city's service
area. In the newly annexed area it was reported that an additional 275 people fell adding to the number of falls in Renton's
service area.
The term low vision describes vision disorders that cannot be corrected with medical treatment, surgery or conventional
eyeglasses. Causes of vision impairment include diabetic retinopathy, glaucoma, macular degeneration and other
conditions associated with aging. Treatment of low vision involves the provision of special optical aids and adaptive
devices, combined with rehabilitation services, to help individuals maximize their remaining vision. Unfortunately, the
rapidly aging global population and other factors are contributing to a growing prevalence of permanent vision loss. For
instance, one in four adults over age 75 in the United States now reports some form of significant vision impairment. The
problem of low vision will only worsen because of global increases in life expectancy. Steps to expand low vision care
and vision rehabilitation services must be taken now to prevent needless disability for millions of individuals in the
coming decade.
According to Prevent Blindness America, twice as many people will be blind in 2030 as there are today
17% of persons age 45 and older report some form of vision impairment, representing 16.5 million persons. By
the year 2010, when all baby boomers are age 45 and older, this number will increase to 20 million.
• 9% of persons age 45 and older report a severe vision impairment, representing 8.7 million persons. By the year
2010, when all baby boomers are age 45 and older, this number will increase to 10.7 million.
• About 7.3 million, or 21 % of persons age 65 and over, report some form of vision impairment. As baby boomers
age, this number will reach 8.3 million in the year 2010; 11.3 million in 2020; and in 2030, 14.8 million persons
age 65 and older will report some form of vision loss.
About 3.8 million or 11% of persons age 65 and over, a report severe vision impairment. As baby boomers age,
this number will reach 4.3 million in the year 2010; 5.9 million in 2020; and in 2030, 7.7 million persons age 65
and older will report a severe vision impairment.
Aeency qualifications:
The Renton Fire Department prides itself on developing programs and providing invaluable resources to the community it
serves. All efforts made are driven by the departments mission; maintaining a safe and livable city, and are committed to
continuing these efforts. Renton Fire and Emergency Services Department strives to reach this goal by encouraging every
member of the department to do all they can to reduce the risks to the community and by providing efficient and effective
responses to any escalating emergencies.
Quality public education and prevention programs have been offered throughout the city for a number of years. The
efforts have included partnerships with other city services, businesses and agencies. Lisa Garvich, Communications
Specialist will facilitate this project for the department. She has worked closely with the King County Fire & Life Safety
Association (KCFLSA), Washington Public Fire Educators, SOS FIRES for over 17 years, funding, developing and
implementing a wide array of prevention programs that target a number of diverse audiences all across the county and
state. She has written and managed a number of grant funded programs for the fire service and various non-profit
foundations. She truly understands the importance and responsibility that goes with funding opportunities such as this.
Renton Fire and Emergency Services Department maintains the ability and support necessary to see this project through to
completion. We will also work to find ways to continue and grow this program in the city for years to come.
The Renton Fire & Emergency Services goal with its Senior Fall Prevention Program "Safe Steps" is to focus on one of
the four leading causes of falls for seniors each year, over the course of the next four years. This allows for us to identify
community partners and current services that are focused and working on the same issue. We will develop ways to work
collectively to increase awareness, provide education and needed resources to the seniors in our communities as well as
their caregivers. We feel that this approach will build lasting relationships that will help expand the reach of our efforts
and produce self sustaining programs for years to come.
Proiect Goals
The goal of this project is to continue and expand our efforts of enhancing and maintaining the health and independence
of older adults who live in the City of Renton and the unincorporated areas served by Renton Fire and Emergency
Services Department provides fire and EMS services for. We will continue to strive to accomplish this through a series of
innovative approaches and consistent educational messaging strategies. We will utilize researched based findings which
have identified interventions that can reduce falls (exercising regularly, having medications reviewed to reduce side
effects and interactions, having yearly eye examinations, and reducing fall hazards in the home).
This year's efforts will be focused on the issue of vision loss in seniors and encouraging regular eye examinations.
educed vision or blindness is a leading cause of falls in this target audience. Vision issues may also impact the quality
life and the independence they are able to maintain.
We plan to work with local organizations providing services to seniors in our City and service areas such as the Renton
Senior Activity Center, Community Services for the Blind and Partially Sighted, Valley Medical Center/Golden Care and
our Local Lions Clubs. The Local Lions Clubs are outstanding partners for this project because they support a low vision
initiative which is recognized by Lions Clubs around the world and intended to help expand and support low vision
services for the visually impaired. Lions Clubs are recognized for their service to the blind and visually impaired It would
be our goal to work with them to assist in providing funds and resources to host several vision screenings for seniors in
our city.
Proiect Activities
Renton Fire and Emergency Services Department will provide an educational exhibit at the Valley Medical Senior Health
Fair held each year in May. This annual event is part of the nationally observed National Senior Health and Fitness Day.
It is recorded that approximately 500 seniors from the local community attend each year. A display will be included that
will be visual, educational and informative. Providing resources and information that would explain the aspects of low
vision, age related macular degeneration (AMD), Glaucoma and Diabetic Retinopathy. We will also include resources for
seniors to gain the needed services and work to identify those vision care specialists in our area that provide free or
reduced screenings. Participants that visit our display will receive a usable magnifying glass.
We will partner with Renton's Senior Center, Community Services for the Blind and Partially Sighted to provide
information in a workshop format to local senior residents. This opportunity will be promoted through the center itself
-`;zing members of the current low vision talk group that currently meets at the center once each month. We will also
;rtise the event on the Fire Department website, city events calendar and local newspaper calendars and with
strategically placed signs. The workshop will focus on vision issues that can result in falls with an emphasis on increasing
awareness about the common causes of vision loss. A press release regarding this workshop and the vision loss issue
itself will also be provided to local media. A drawing will be held for helpful items that can. assist those with vision loss
or blindness. In addition an article discussing this issue will also be provided to the Valley Medical Centers Golden Care
magazine that provides a wide distribution throughout the south end of King County.
February is AMD/Low Vision Awareness Month, a national campaign that was started to raise awareness for macular
degeneration and other vision problems. In conjunction with this campaign and the City of Renton's Heart Month we will
partner with our local Lions Clubs to provide free vision, glaucoma and blood pressure screenings utilizing their regional
mobile unit. Three locations will be identified and promoted throughout the community encouraging older adults to take
advantage of this opportunity. Recommendations will be made for seniors found to need further evaluation, services or
glasses. In addition in the month of July requests have been made to utilize the Lions Health and Screening Vehicle for an
additional 5 days to conduct these screenings during one of the City's largest events; Renton River Days that is attended
by 1000's each year with one day focusing on seniors.
Project Evaluation
We would monitor the number of seniors that receive the vision, glaucoma and blood pressure screening. We would also
maintain the number of those seniors that are identified to need more services and/or glasses or more in-depth services.
We would also monitor the number of individuals that are identified that receive free or no cost glasses to enhance their
vision from Lens Crafters through the Lions Club program. Participants would be asked to complete a brief survey card
regarding their current vision status, when they last had an exam, willingness to seek help and if not why. The reverse
side of the card would be a fall assessment with the opportunity to receive a home evaluation from KC EMS's fall
program.
At the educational workshop for older adults we will monitor the number of participants that attend. Attendees will
complete a registration form that will ask questions about how they learned about the event for future workshops and to
help define effective outreach efforts to this particular target audience. We will also include questions about their current
vision needs, awareness of causes of vision loss and willingness to receive an eye exam and if not why. The reverse side
of the card would include a fall assessment with the opportunity to receive a home evaluation from King County EMS's
fall program.
Collaborators/Partners
Fairwood Lions Club, Kenneydale Lions Club, Renton Lions Club
Valley Medical Center — Golden Care
Renton Senior Activity Center
Community Services for the Blind & Partially Sighted
Budget Breakdown
Valley Medical Center Senior Health Fair
500 Eco Die -Cut Bags 500 count X .50 + shipping/tax
Handout materials and signs/laminating
$350
Magnifying Glass — Imprint 500 count X 97
$150
Total + shipping/tax =
$650
$1150
Workshop -
Community Services for the Blind and Partially Sighted
5 hour instructor ($50)
Signage & Survey Cards
$150
Refreshments
$250
Door Prizes (Sight Connecton)
$200
10 Pill organizers (large print)
5 Bold Timers
$60
5 EZ fill Liquid Level Indicator
$75
TOTAL
$69
$804
Lions Club Screenings
8 days use of Lions Health Screening Vehicle ($100)
Magnifying Glass — Imprint 250 count X
500 Eco Die -Cut Bags 97+shipping/tax
$ 75
$275
g 500 count X .50 +shipping/tax
Survey Cards
$350
TOTAL
$50
$1475
n-kind service:
Renton Fire and Emergency Services — Communication Specialist salary
120 hours — planning/program management
($20)
20 hours — press/promotion/design/layout (in house) ($20)
$2400
4 hours Senior Health Fair x 20 X 2 =
$400
Printing costs
$160
*additional Lions Clubs (Fairwood, Kennydale, Renton)
$200
8 days stafffor Lions Health Screening Vehicle 3x$20
$3840
TOTAL
$7000
Budget Summary
1 Salaries
KC EMS _0_ FUNDS A licant/Matchin
$6800
2 Contractual
-0-
3. Project materials $3429
$200
4. Equipment 0
5. Total EMS fund ' $3429
otal Applicant funds
$7000
7. Total Project
$10,429.00
King County Emergency Medical Services Division
Emergency Medical Dispatch Contracts
Exhibit A
Program Plan/Scope of Work - 2009
Renton Fire and Emergency Department
Injury Prevention Mini Grant Program
Exhibit A must be completed and returned with your application for funding.
Identification Information
A. Fire Department: Renton Fire and Emergency Department
B. Fire Department Administrator: Deputy Chief William Flora
C. Agency Contract Monitor Name: Lisa Garvich
Phone: 425-430-7046
Fax: 425-430-7044
E-mail: lgarvich@ci.renton.wa.us
I.I. Goals
This funding is intended as reimbursement to the Agency for the following:
1. To provide senior health/vision screenings along with various educational
fall/vision materials at Valley Medical Center Senior health fair, Renton Senior
Community Center and with the Lions Club regional mobile vision screening unit.
I1I. The Agency shall:
A. Provide an educational exhibit at the Valley Medical Senior Health Fair held
each year in May. Provide information on low vision, age related Macular
Degeneration, Glaucoma, and Diabetic Retinopathy and the many risks and
dangers of falling. Participants will receive educational materials as well as
vision related promotional item.
B. Partner with Renton Senior Center to provide a vision workshop to seniors.
Provide various vision related items to participants.
C. Provide free vision screenings in February and July in collaboration with local
Lions Club Vision regional screening unit. Provide three locations in February
and during five days at Renton River days in July.
D. Monitor the number of participants who received vision screening and who
participated in workshops. Maintain number of participants who need further
services and/or glasses and/or who receive free or no cost glasses. Participants
will be asked to complete a brief survey regarding their current vision/fall
status. Each survey will have additional information regarding the King
County EMS fall prevention program. Refer high risk fallers to the King
County EMS fall program.
E. Submit a program evaluation to KC EMS by Dec. 24, 2009.
V. Public Health Seattle -King County Department, Emergency Medical Services
Division, shall reimburse to the Agency:
A. Project materials and associated costs needed for their Senior Health Fair, Lions
Club regional vision unit, and educational workshops
B. Provide a program manager to maintain liaison with the Agency regarding all
contract activities.
Revised 9/17/09
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board.. Hearing Examiner
Staff Contact...... Fred J. Kaufman, ext. 6515
Subject:
Welman Preliminary Plat
File No. LUA-08-107, ECF, PP
Exhibits:
Hearing Examiner's Report and Recommendation and
Zoning Map
Recommended Action:
Council Concur
Al #: f
For Agenda of:
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
1/26/2009
Fiscal Impact:
Expenditure Required... N/A Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
i Total Project Budget City Share Total Proiect..
/•/
SUMMARY OF ACTION:
The hearing was held on November 25, 2008. The Hearing Examiner's Report and Recommendation on
the Welman Preliminary Plan was published on December 8, 2008. The appeal period ended on
December 22, 2008. No appeals were filed.
STAFF RECOMMENDATION:
Approve the Welman Preliminary Plan as outlined in the Examiner's Report and Recommendation.
Rentonnet/ab bill/ bh
December 8, 2008
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
Minutes
APPLICANT/OWNER:
CONTACT:
LOCATION:
SUMMARY OF REQUEST:
SUMMARY OF ACTION:
DEVELOPMENT SERVICES REPORT:
Michael Feuerborn
MJF Holdings, Inc
3502 B Street NW
Auburn, WA 98001
Site Development Associates, LCC
10117 Main Street
Bothell, WA 98011
Welman Preliminary Plat
File No.: LUA 08-107, PP, ECF
18417 116`h Avenue SE
Requesting Preliminary Plat approval for the subdivision of a
3.24-acre parcel into 25 lots for the eventual development of
single-family residences, with tracts for Native Growth
Protection Area, stormwater detention, recreation, private
access, and joint use driveways.
Development Services Recommendation: Approve subject to
conditions.
The Development Services Report was received by the
Examiner on November 18, 2008.
PUBLIC HEARING: After reviewing the Development Services Report, examining
available information on file with the application, field
checking the property and surrounding area; the Examiner
conducted a public hearing on the subject as follows:
MINUTES
The following minutes are a summary of the November 25, 2008 hearing.
The legal record is recorded on CD.
The hearing opened on Tuesday, November 25, 2008, at 10:24 a.m. in the Council Chambers on the seventh
floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Exhibit No. 1: Yellow file containing the original
application, proof of posting, proof of publication and
other documentation pertinent to this request.
Exhibit No. 2: Vicinity Map and Preliminary Plat
Map
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 2
Exhibit No. 3: Zoning Map
Exhibit No. 4: Topographic Map
Exhibit No. 5: Conceptual Drainage with Preliminary
Utilities
Exhibit No. 6: Tree Retention/Replacement Map
Exhibit No. 7: ERC Advisory Notes
The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Community and
Economic Development Department, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The
Welman Preliminary Plat is a project that is vested in King County and is being processed by the City of
Renton. King County prepared a preliminary report and recommendations to the City of Renton upon which the
report to the Hearing Examiner is based. The property is 3.24 acres and 25 proposed lots that range in size from
approximately 3,003 to 4,081 square feet.
The King County zoning is R-8 and the proposed density would be 7.14 dwelling units per gross acre. The site
would be accessed from 116`h Avenue SE, some lots would be accessed via private access tracts and joint use
driveways. One combined recreation and stormwater tract, a second recreation tract and a Native Growth
Protection tract all are proposed to be on site
The site also contains a Category 4 Wetland part of which will be retained and enhanced in Tract B. A portion
of the wetland will be removed for Road A and for the stormwater detention/recreation tract.
Environmental Review Committee issued a Determination of Non -Significance. No appeals were filed.
The site is designated as Urban in the 1994 King County Comprehensive Plan, it is also in the Soos Creek Area
Community Plan and is in compliance with the goals, objectives and policies of those plans.
The proposed lots comply with the development standards of King County. The lot pattern and internal
circulation also comply with the King County Subdivision requirements.
The Renton School District has stated that they can accommodate the additional students generated by this
proposal.
The Soos Creek Water and Sewer District has indicated its ability to serve this proposed project in terms of
sewage disposal and water supply and water is available to meet the King County water flow standards.
Adequate drainage measures are proposed to satisfy the requirements of King County Surface Water
Development Manual.
Michael Romano, PO Box 2668, Redmond 98073 stated that he was not representing any party in this matter,
but he would be able to answer questions when necessary regarding King County requirements.
Dan Owen, 11445 SE 185u' Place, Renton 98055 stated that they live adjacent to the Native Growth Protection
tract in that approximate area. Currently there is a gravel private road that provides access to residences north
and west of the subject site. He wondered how the private road would work along side the proposed Road B
since there is quite a bit of elevation difference.
Secondly, Mr. Welman had installed a chain link fence along the west end of the property, would that fence
remain or be removed?
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 3
Lastly, the land is a bit rolling with various elevations, how much grading would take place?
The Examiner stated that on page 3 of 12 indicates that there would be balanced on -site fill and grade. No
import or export would done.
Mary Kay Owen, 11445 SE 185`h Place, Renton 98055 stated that in 2006 they received a plat map from King
County, very similar to Exhibit 5. She wanted to make sure that Tract B, which is like a wetland would remain
in this proposal. There is so much wildlife in the trees in that area, she hopes that all the trees, or as many as
possible can be saved.
Mr. Romano stated that he is somewhat familiar with King County Code and regarding the second access and
extending the cul-de-sac to 116" `. Since 116"' is a minor arterial according to King County road standards, they
have a minimum intersection spacing requirement. In this case, as an arterial it is 1,000 feet. That is done to
eliminate side friction as much as possible on arterials in order to maintain traffic flow. The access for the plat
is located on the north side because that half street very closely matches up to an existing street on the east side
of 11 Oh and that is a requirement that the County would have imposed, they want the center lines to match up,
they don't like off -setting intersections.
There appears to be high ground to the east of the cul-de-sac and that would need to be cut about two feet, they
may cut that more than that. That material will be pushed over to the west side, south of Tract D where the
rockery is indicated along the west property line. There will also be a retaining wall constructed along the west
line of plat access road west of Tract A along Tract B due to the ravine that contains the wetland. Grade will
have to be maintained in that location.
Drainage from this site goes into a detention vault that will generate enough material that will be used to balance
out the site. The drainage from that vault will discharge to that wetland, the wetland drains into Emerald Glen.
Emerald Glen is a plat that he worked on in the early 1990's, the drainage system there is an infiltration pond,
where the water goes underground, disappears and does not show up in the County's drainage pond at 112"' and
184"'.
Mr. Wasser stated that in the wetland all trees will be retained, the tract would be enhanced with more
vegetation. The recreation tracts will be planted with grass and will have other vegetation as well as play and
picnic equipment. Street trees will be required along all frontage streets.
Kayren Kittrick, Community and Economic Development stated that they will take a good look at the private
access tracts and most likely they will change to easement and be included in the property lots. They will also
closely look at internal street designs and Fire will make sure that if any signage is necessary, it will be included.
There is a lot more review to be done by the City of Renton.
Road B is supposed to be full width. 1993 King County Road Standards allow a 30' road, with rolled curb and
sidewalk on one side, it will be fully checked out. The plat shows 20' of pavement on Road B and 24' pavement
throughout the roadway, allowing for two-way traffic and according to King County this would also allow
parking. This does meet King County standards, which this plat is vested to.
The recharge of the wetland is being handled by the retention/detention pond. It is controlled by the detention
vault and cannot be overflooded, it has to retain.
Mr. Romano stated that the 1993 King County Road Standards for minor access road is 24-feet paving flow line
to flow line with either rolled or vertical curb and a sidewalk on one side. The access road that runs north/south
and terminates in the cul-de-sac is designed to meet that standard. The half street road, which is allowed by
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 4
King County and required in the case is a 20-foot paved road with a sidewalk and curb and gutter on one side, in
this case would be the south side. That is constructed with a 2% slope across the entire paved surface.
When a property owner to the north comes in with an application they would be required to saw cut that existing
paving at what would be the new center line of the roadway and construct a crown section.
The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and
no further comments from staff. The hearing closed at 11:02 a.m.
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record in this matter, the Examiner now makes and enters the following:
FINDINGS:
The applicant, Michael Feuerbom, MJF Holdings, Inc., filed a request for a Preliminary Plat.
2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation
and other pertinent materials was entered into the record as Exhibit #1.
The Environmental Review Committee (ERC), the City's responsible official issued a Deteimination of
Non -Significance (DNS).
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. The subject site is located at 18417 116th Avenue SE. The subject site is located on the west side of
116th Avenue just north of SE 186th Street.
6. The subject site is zoned R-8 (Single Family Residential).
7. The subject site is part of the Benson Hill annexation. The application was submitted while the property
was still under King County's jurisdiction and is, therefore, entitled to be developed under King
County's zoning regulations. The subject site is considered vested to King County zoning. Lot size,
yard dimensions and street width and sidewalk regulation are all governed by the King County
standards.
8. The map element of the Comprehensive Plan designates the area in which the subject site is located as
suitable for the development of detached single-family uses, but does not mandate such development
without consideration of other policies of the Plan.
9. The subject site was annexed to the City with the adoption of Ordinance 5327 enacted in March 2008.
10. The subject site is approximately 3.24 acres. The subject site is approximately 350 feet deep by 380 feet
wide (north to south) along 116th.
11. The subject site slopes generally downward to the northwest.
12. The downward slope to the northwest leads to a Category 4 wetlands in that corner of the subject site.
13. Trees are located in the wetland areas and those will be retained in a Native Growth Protection
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 5
Easement. The applicant will be enhancing the wetland as provided by King County regulations.
14. The applicant proposes dividing the property into 25 lots for housing as well as a number of tracts for
the wetland, Tract B, and open space, recreation and storm water detention, Tracts A and C. The
applicant has also proposed a number of tracts for access roadways and joint use driveways. The City
will review these later tracts, for access, and determine if they should be easements across fee owned
property to spell -out ownership, access and maintenance responsibility
15. The proposed lots will be arranged in groups around a new public roadway ending in a cul-de-sac in the
south central area of the plat. The roadway will run west from 116th and turn south just east of Tract B
and then turn east to end in the cul-de-sac. The applicant proposed a number of smaller access tracts to
provide ingress and egress to interior lots. As noted above, the City may require these tracts to be
easements or shared driveways.
16. The proposed lots will range in size from 3,003 square feet to 4,081 square feet.
17. The applicant did not attend the public hearing.
18. The density for the plat would be 7.14 dwelling units per gross acre. It meets King County standards.
19. A private road parallels the new road proposed along the north property line. The expectation is that it
will be paved and made public with future development in the area.
20. The subject site is located within the Renton School District. The project is expected to generate
approximately 11 or 12 school age children. These students would be spread across the grades and
would be assigned on a space available basis.
21. The development will generate approximately 10 vehicle trips per unit or approximately 250 trips for
the 25 single-family homes. Approximately ten percent of the trips, or approximately 25 additional
peak hour trips will be generated in the morning and evening.
22. The applicant will provide on -site recreation in lieu of contributing to a parks fund, which complies with
King County code
23. Stormwater will be handled by a detention system along the north portion of the plat. A drainage
adjustment was approved by King County, which combined drainage basins. Flows to the south and
southwest will be diverted to the northern system. There were stormwater related complaints to the
west. King County made adjustments to their existing systems and with the proposed on -site system, no
additional incidents are anticipated.
24. Sewer and water will be provided by the Soos Creek District.
25. The plat was reviewed by King County's Subdivision Technical Committee and their report forms the
basis of the City's information. City staff reviewed the report and made a general recommendation
following King County's guidance.
CONCLUSIONS:
The proposed plat appears to serve the public use and interest. It has been reviewed by King County's
technical staff and in the main the recommendations of those staff have been followed by Renton's staff.
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 6
The plat and its proposed lots meet the requirements for density, lot and roadway dimensions and
development standards.
2. The development of the plat will add to the available base of detached single-family homes. It will do
so in an area where urban services such as water and sewer are available.
The development will add to the tax base of the City and help offset the impacts of the additional
population. The applicant will be providing on -site recreational opportunities lessening the burden on
nearby parks.
4. The plat will be protecting its wetland and trees in that area in a Native Growth Protection Easement.
Storm water will be appropriately directed according to King County standards lessening the potential
for down steam flood events.
In conclusion, the plat should be approved by the City Council subject to the conditions recommended
by King County staff and Renton staff.
RECOMMENDATION:
The City Council should approve the plat subject to the following conditions:
Compliance with all platting provisions of Title 19A of the King County Code.
2. All persons having an ownership interest in the subject property shall sign on the face of the
final plat a dedication which includes the language set forth in King County Council Motion
No. 5952.
The plat shall comply with the density requirements of the R-8 zone classification. All lots
shall meet the minimum dimensional requirements of the R-8 zone classification or shall be as
shown on the face of the approved preliminary plat, whichever is larger, except that minor
revisions to the plat which do not result in substantial changes may be approved at the discretion
of the City of Renton Community & Economic Development Department.
4. All construction and upgrading of public and private roads shall be done in accordance with the
King County Road Standards established and adopted by Ordinance No. 11187, as amended
(1993 KCRS).
The applicant must obtain the approval of the City of Renton Fire Marshall for the adequacy of
the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code.
6. Final plat approval shall require full compliance with the drainage provisions set forth in King
County Code 9.04. Compliance may result in reducing the number and/or location of lots as
shown on the preliminary approved plat. Preliminary review has identified the following
conditions of approval, which represent portions of the drainage requirements. All other
applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also
be satisfied during engineering and final review.
a. Drainage plans and analysis shall comply with the 2005 King County Surface Water
Design Manual and applicable updates adopted by King County. City of Renton
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 7
Community & Economic Development Department approval of the drainage and
roadway plans is required prior to any construction.
b. Current standard plan notes and ESC notes, as established by the King County
Department of Development and Environmental Services (DDES) Engineering Review,
shall be shown on the engineering plans.
C. The following note shall be shown on the final recorded plat:
"All building downspouts, footing drains, and drains from all impervious surfaces such as patios
and driveways shall be connected to the permanent storm drain outlet as shown on the approved
construction drawings # on file with DDES and/or the King County Department
of Transportation. This plan shall be submitted with the application of any building permit. All
connections of the drains must be constructed and approved prior to the final building
inspection approval. For those lots that are designated for individual lot infiltration systems, the
systems shall be constructed at the time of the building permit and shall comply with plans on
file."
d. The drainage facilities shall meet the requirements of the 2005 King County Surface
Water Design Manual (KCSWDM). The drainage design shall meet at a minimum the
Conservation Flow Control and Basic Water Quality requirements in the KCSWDM.
e. Drainage adjustment L07V0085 was approved for this project. All conditions of
approval for this adjustment shall be met prior to engineering plan approval.
f. To implement the required Best Management Practices (BMPs) for treatment of storm
water, the final engineering plans and technical information report (TIR) shall clearly
demonstrate compliance with all applicable design standards. The requirements for best
management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design
engineer shall address the applicable requirements on the final engineering plans and
provide all necessary documents for implementation. The final recorded plat shall
include all required covenants, easements, notes, and other details to implement the
required BMPs for site development.
The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS)
including the following requirements:
a. Road A from Road B to the cul-de-sac shall be improved at a minimum to the urban
subaccess street standard.
tb th
b. Road B (the westerly extension of SE 184 Street) froml 16 Avenue SE to Tract B
shall be improved at a minimum to the urban one-half street standard. The option to
construct Road B to a full -width subaccess street, (partially on the properties to the
north) is also acceptable; provided that right-of-way from the offsite owner(s) on the
north side can be obtained.
th th
C. OFFSITE: Road B shall be aligned with the east leg of SE 184 St at the 116 Avenue
SE intersection in general conformance with the Offsite Improvement Plan received
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 8
May 27th, 2008, unless otherwise approved by the reviewing agency. This
e,
improvement changes the alignment of the existing improved portions of SE 184
Street southerly to align with proposed Road B. This improvement shall meet the
overlay requirements in Section 4.01(f) of the KCRS.
If the option to improve Road B to a full width subaccess street is selected (Condition
7.b. above) and aligned with existing SE 184t' Street, the above offsite realignment of
th
SE 184 Street is not required.
d. FRONTAGE: The 116'' Avenue SE frontage shall be improved at a minimum to the
urban minor arterial street standard on the west side. This improvement shall meet the
overlay requirements in Section 4.01(f) of the KCRS.
e. The joint use driveways and private access tracts shall be improved per Section 3.01
and 2.09 of the KCRS. These Tracts shall be owned and maintained by the Lot owners
served.
Modifications to the above road conditions may be considered according to the variance
provisions in Section 1.08 of the KCRS.
All utilities within proposed rights -of -way must be included within a franchise approved by the
City of Renton prior to final plat recording.
9. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation
Payment System (MPS), by paying the required MPS fee and administration fee as determined
by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at
final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first
option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note
shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75,
Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee
paid shall be the amount in effect as of the date of building permit application.
10. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact
fees to fund school system improvements needed to serve new development. As a condition of
final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and
collected immediately prior to recording, using the fee schedules in effect when the plat
receives final approval. The balance of the assessed fee shall be allocated evenly to the
dwelling units in the plat and shall be collected prior to building permit issuance.
11. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners
or homeowners association. This shall be stated on the face of the final plat.
12. The proposed subdivision shall comply with the Critical Areas Code as outlined in
KCC 21A.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also
be addressed prior to final plat approval. Temporary marking of critical areas and their buffers
(e.g., with bright orange construction fencing) shall be placed on the site and shall remain in
place until all construction activities are completed.
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 9
Preliminary plat review has identified the following specific requirements, which apply to this
project. All other applicable requirements from KCC 21A.24 shall also be addressed by the
applicant.
Wetlands
The Category IV wetland, less than 2,500 square feet, shall have a 50 foot buffer as
shown on the preliminary site plans. The buffer maybe reduced to 25 feet provided the
remaining buffer area is enhanced with native vegetation.
b. The impacts to Critical Areas and buffers may be allowed for the construction of
proposed Road `A' and retention/detention pond provided a final mitigation plan is
submitted during engineering review. Construction techniques to minimize impacts to
critical areas and buffer shall be considered during final road design. Techniques may
include the use of retaining walls within the right-of-way.
The wetland and buffer shall be placed in Critical Area Tracts (CAT) for long-term
protection. A four -foot high split railed fence or similar shall be installed along the
CAT boundary. Critical Area signs, one per lot on those lots that abut the CAT, shall
be installed on or near the fence.
d. A 15' building set back line (BSBL) is required from the edge of Critical Area Tracts
and shall be shown on all affected lots.
e. Impacts to wetlands may require approval/permits from other review agencies. It will
be the applicant's responsibility to obtain approvals from other review agencies and
submit the approvals/permits during engineering review.
f. Prior to construction or clearing activities on site the CAT boundaries shall be clearly
marked with orange construction fencing or similar, and shown on the engineering
plans. The fencing shall remain in place until all clearing or construction is completed.
g. The engineering plans shall be submitted and reviewed by the City of Renton
Community & Economic Development staff.
h. The following note shall be shown on the final engineering plan and recorded plat:
RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL
AREAS AND BUFFERS
Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial
interest in the land within the tract/critical area and buffer. This interest includes the
preservation of native vegetation for all purposes that benefit the public health, safety and
welfare, including control of surface water and erosion, maintenance of slope stability, and
protection of plant and animal habitat. The critical area tract/critical area and buffer imposes
upon all present and future owners and occupiers of the land subject to the tract/critical area and
buffer the obligation, enforceable on behalf of the public by the City of Renton, to leave
undisturbed all trees and other vegetation within the tract/critical area and buffer. The
vegetation within the tract/critical area and buffer may not be cut, pruned, covered by fill,
removed or damaged without approval in writing from the City of Renton Community &
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 10
Economic Development Department or its successor agency, unless otherwise provided by law.
The common boundary between the tract/critical area and buffer and the area of development
activity must be marked or otherwise flagged to the satisfaction of the City of Renton
Community & Economic Development Department prior to any clearing, grading, building
construction or other development activity on a lot subject to the critical area tract/critical area
and buffer. The required marking or flagging shall remain in place until all development
proposal activities in the vicinity of the sensitive area are completed.
No building foundations are allowed beyond the required 15-foot building setback line, unless
otherwise provided by law.
13. Suitable recreation space shall be provided consistent with the requirements of KCC
21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic
table[s], benches, etc.).
A detailed recreation space plan (i.e. area calculations, dimensions, landscape
specifications, equipment specifications, etc.) shall be submitted for review and
approval by the City of Renton Community & Economic Development Department and
Parks Department prior to or concurrent with the submittal of the engineering plan.
b. A performance bond for recreation space improvements shall be posted prior to
recording of the plat.
14. A homeowners' association or other workable organization shall be established, to the
satisfaction of the City of Renton Community & Economic Development Department, which
provides for the ownership and continued maintenance of the recreation, open space and/or
sensitive area tract(s).
15. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050):
a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads.
Spacing may be modified to accommodate sight distance requirements for driveways
and intersections.
b. Trees shall be located within the street right-of-way and planted in accordance with
Drawing No. 5-009 of the 1993 King County Road Standards, unless King County
Department of Transportation determines that trees should not be located in the street
right-of-way.
C. If the City of Renton determines that the required street trees should not be located
within the right-of-way, they shall be located no more than 20 feet from the street right-
of-way line.
d. The trees shall be owned and maintained by the abutting lot owners or the homeowners
association or other workable organization unless the City of Renton has adopted a
maintenance program. Ownership and maintenance shall be noted on the face of the
final recorded plat.
e. The species of trees shall be approved by the City of Renton Community & Economic
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 11
Development Department if located within the right-of-way, and shall not include
poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub
whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible
with overhead utility lines.
f. The applicant shall submit a street tree plan and bond quantity sheet for review and
approval by the City of Renton Community & Economic Development Department
prior to engineering plan approval.
g. The applicant shall contact Metro Service Planning at 206-684-1622 to determine if
116th Avenue SE is on a bus route. If I I6th Avenue SE is a bus route, the street tree plan
shall also be reviewed by Metro.
h. The street trees must be installed and inspected, or a performance bond posted prior to
recording of the plat. If a performance bond is posted, the street trees must be installed
and inspected within one year of recording of the plat. At the time of inspection, if the
trees are found to be installed per the approved plan, a maintenance bond must be
submitted or the performance bond replaced with a maintenance bond, and held for one
year. After one year, the maintenance bond may be released after the City of Renton
Community & Economic Development Department has completed a second inspection
and determined that the trees have been kept healthy and thriving.
A landscape inspection fee shall also be submitted prior to plat recording. The
inspection fee is subject to change based on the current County fees.
16. The applicant shall comply with all applicable provisions of KCC Chapter 16.82, concerning
the preservation of "significant trees" on subdivisions located in the King County "Urban"
designated area. A detailed tree retention plan, which complies with KCC 16.82.156132 and
other applicable requirements of this Code section, shall be submitted to the City of Renton
Community & Economic Development Department (CED) for review and approval prior to
engineering plan approval. Bonding may be required by CED to assure implementation of the
tree retention plan. No clearing or grading of the site shall occur until CED approves the
detailed tree retention plan.
17. SPRINKLER REQUIREMENT: All future residences constructed within this subdivision
(except those constructed on lots 1 and 2) are required to be sprinkled NFPA 13D unless the
requirement is removed by the City of Renton Fire Marshal or his/her designee. The Fire Code
requires all portions of the exterior walls of structures to be within 150 feet (as a person would
walk via an approved route around the building) from a minimum 20-foot wide, unobstructed
driving surface. To qualify for removal of the sprinkler requirement driving surfaces between
curbs must be a minimum of 28 feet in width when parking is allowed on one side of the
roadway, and at least 36 feet in width when parking is permitted on both sides.
Additionally, the driving surface of the access tracts within this subdivision must have
minimum unobstructed widths of 20 feet (no parking permitted); or respective lots accessed by
those tracts will have to be sprinkled.
18. In the event that any archaeological objects are uncovered on the site, the applicant shall comply
with RCW Chapter 27.53, Archaeological Sites and Resources. Immediate notification and
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 12
consultation with the State Office of Archaeology and Historical Preservation, King County
Office of Cultural Resources and relevant tribes (including the Suquamish, Puyallup and
Muckleshoot tribes) is required if discovered materials are prehistoric and a site is present.
ORDERED THIS 8th day of December 2008.
FRED J. KAUF
HEARING E R
TRANSMITTED THIS 8`' day of December 2008 to the parties of record:
Gerald Wasser
Development Services
Renton, WA 98057
Kayren Kittrick
Development Services
Renton, WA 98057
Roger Cecil M.J.F. Holdings, Inc.
Site Development Associates, LCC Michael Feuerborn
10117 Main Street 3502 B Street NW
Bothell, WA 98011 Auburn, WA 98001
Mark & Mary Asman
11412 SE 184`h Street
Renton, WA 98055
Steve Bottheim, Supervisor
CPLN LUSD MS OAK DE 0100
Nick Gillen, Env Scientist
CAS LUSD ME OAK DE 0100
Bruce Whittaker, Sr. Engr.
ERS LUSD ME OAK DE 0100
King County DDES
Land Use Services Division
900 Oakesdale Ave SW
Renton, WA 98057
John E. Stubb
18418 1161h Avenue SE
Renton, WA 98058
Jennifer McCall
Lozier Homes
1203 114`h Ave SE
Bellevue, WA 98004
John Baskin
11419 SE 186`h Street
Renton, WA 98055
Trisha Bull, PPMIII
CPLN LUSD ME OAK DE 0100
Shirley Goll, ASH
CPLN LUSD ME OAK DE 0100
Kris Langley, Sr. Engr Traffic
CPLN LUSD MS OAK DE 0100
Larry West, Env Scientist
CAS LUSD MS OAK DE 0100
Lisa Dinsmore
CPLN LUSD MS OAK DE 0100
Patricia Clayton
11426 SE 186 h Street
Renton, WA 98055
Chris Nepean
PO Box 9852
Spokane, WA 99209
Michael Romano
Centurion Development Services
PO Box 2668
Redmond, WA 98073
Dan & Mary Kay Owen
11445 SE 185"' Place
Renton, WA 98055
Ron & Tammi Burroughs
11449 SE 185"' Place
Renton, WA 98055
Kim Claussen, PPMIII
CPLN LUSK ME OAK DE 0100
Kelly Whiting, KC DOT
RD SERV DIV MS KSC TR 0231
Steve Townsend, Supervisor
LUIS LUSD MS OAK DE 0100
Arlene Mariano, PPMI
CPNLN LUSD MS OAK DE 0100
Seattle KC Health Dept
E Environ Health
14350 SE Eastgate Way
Bellevue, WA 98007
Bev Miller
JayMarc Development
555 S Renton village Place, Ste. 775
Renton, WA 98055
Welman Preliminary Plat
File No.: LUA-08-107, PP, ECF
December 8, 2008
Page 13
TRANSMITTED THIS 8`b day of December 2008 to the following:
Mayor Denis Law
Jay Covington, Chief Administrative Officer
Julia Medzegian, Council Liaison
Gregg Zimmerman, PBPW Administrator
Alex Pietsch, Economic Development
Jennifer Henning, Development Services
Stacy Tucker, Development Services
Marty Wine, Assistant CAO
Dave Pargas, Fire
Larry Meckling, Building Official
Planning Commission
Transportation Division
Utilities Division
Neil Watts, Development Services
Janet Conklin, Development Services
Renton Reporter
Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in
writing on or before 5:00 p.m., December 22, 2008. Any aggrieved person feeling that the decision of the
Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may make a written
request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This
request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may,
after review of the record, take further action as he deems proper.
An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal
be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements.
Copies of this ordinance are .available for inspection or purchase in the Finance Department, first floor of City
Hall. An anneal must be filed in writing on or before 5:00 p.m., December 22, 2008.
If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the
executed Covenants will be required prior to approval by City Council or final processing of the file. You
may contact this office for information on formatting covenants.
The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur
concerning pending land use decisions. This means that parties to a land use decision may not communicate in
private with any decision -maker concerning the proposal. Decision -makers in the land use process include both
the Hearing Examiner and members of the City Council.
All communications concerning the proposal must be made in public. This public communication permits all
interested parties to know the contents of the communication and would allow them to openly rebut the
evidence. Any violation of this doctrine would result in the invalidation of the request by the Court.
The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as
Appeals to the City Council.
Project Location: 18417 116th Avenue SE
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CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board.. AJLS/City Attorney
Staff Contact...... Larry Warren 425-255-8678
Subject:
Repealing Subsections 3-1-41) and 3-14E Relating to
compensation for the City Attorney Office
Exhibits:
Ordinance
0
Al #: 104,0
_--------------
For Agenda of. January 26, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business......
Study Sessions.....
Information.........
X
0
Recommended Action: Approvals:
Refer to Finance Committee Legal Dept......... X
Finance Dept......
Fiscal Impact
Expenditure Required... Transfer/Amendment.......
Amount Budgeted.. Revenue Generated
Amount Needed City Share Total Project,
SUMMARY OF. ACTION:
On January 1, 2009, the employees of the firm of Warren Barber & Fontes P.S. were hired by the City of
Renton and became an "in house" department, rather than contract counsel.
As the City Attorney department compensation is set in the budget, there is no need for code sections
dealing with compensation and additional compensation (hourly rate services).
STAFF RECOMMENDATION:
Adopt the Ordinance Repealing Subsections 3-1-4D, Compensation, and 3-1-4E, Additional
Compensation, of Chapter 1, Administrative, Judicial and Legal Services Department, of Title III
(Departments and Officers).
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING CHAPTER 1, ADMINISTRATIVE, JUDICIAL AND LEGAL
SERVICES DEPARTMENT, OF TITLE III (DEPARTMENTS AND
OFFICERS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON," BY REPEALING SUBSECTION 3-1-41),
COMPENSATION; AND SUBSECTION 3-1-4E, ADDITIONAL
COMPENSATION.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I. Subsection 3-1-41), Compensation, and subsection 3-1-4E,
Additional Compensation, of Chapter 1, Administrative, Judicial and Legal Services Department,
of Title III (Departments and Officers) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington," are hereby repealed.
SECTION II. This ordinance shall be effective upon its passage, approval, and
thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this
APPROVED BY THE MAYOR this
day of 2009.
Bonnie I. Walton, City Clerk
_day of , 2009.
Denis Law, Mayor
ORDINANCE NO.
Approved to as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1529:1/8/09:scr
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Chief Kevin Milosevich
Dept/Div/Board.. Police
Staff Contact...... Manager Penny Bartley Ext 7565
Subject:
Agreement between the City of Renton and WA State
Criminal Justice Training Center for the employment of
City employee Alford Ervin.
Exhibits:
Issue Paper
Agreement
Recommended Action:
Council concur
Al #: �.
For Agenda of. January 26, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution ............
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept......... Approved
Finance Dept......
Other ..... Risk Mgt - Approved
Fiscal Impact:
Expenditure Required... 0 Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The WA State Criminal Justice Training Commission desires to contract with the City of
Renton's Police Department to utilize Jailer Alford Ervin in the capacity of a Training Officer
(TAC) for the next two years.
STAFF RECOMMENDATION:
Approve the contract with WSCJTC for Jailer Alford Ervin as a TAC and authorize the Mayor
and City Clerk to sign the agreement.
EI
Rentonnet/agnbill/ bh
�Y
DATE:
TO:
POLICE DEPARTMENT
M E M O R A N D U M
January 15, 2009
Randy Corman, Council President
Members of the City Council
VIA: Denis Law, Mayor
FROM: Kevin Milosevich, Chief of Police
STAFF CONTACT: Penny Bartley
SUBJECT: Issue Paper — Washington State Criminal Justice Training
Commission TAC Appointment for Jailer Al Ervin
Issue: Should Renton contract with the Washington State Criminal Justice Training
Commission (WSCJTC) to utilize Jailer Al Ervin in the capacity of a Training Officer (TAC) for
the next two years?
Background: WSCJTC relies upon law enforcement agencies throughout the state to provide
TACs for their basic academy classes. WSCJTC could not exist if agencies did not loan
employees for these critical positions.
The Renton Police Department has provided assistance to WSCJTC previously by allowing
commissioned officers to serve as TACs. The Basic Corrections Academy has similar TAC
positions that they have requested assistance in filling. Jailer Al Ervin has requested permission
to accept one of these positions.
The Police Department benefits from having employees serve as TACs for many reasons. Some
of those include, being given priority for vacancies in academy classes; the ability to work with
available candidates and recruit; the ability to identify problem employee behaviors and correct
deficiencies prior to returning to the agency; and provide career development for the TAC.
WSCJTC will provide 100 percent of the compensation to the Renton Police Department for
salary and benefits for Jailer Ervin so there are no costs associated with this contract.
STAFF RECOMMENDATIONS: Approve the agreement with WSCJTC for Jailer Al Ervin
as a TAC and authorize the Mayor and City Clerk to enter into the agreement.
AGREEMENT
This agreement is made and entered into by and between the City of Renton, and the Washington
State Criminal Justice Training Commission, hereinafter referred to as the "Commission."
Whereas, Mr. Alford Ervin is employed by the Renton Police Department as a Correctional
Officer, holding the rank of Officer therein; and
Whereas, the Commission, pursuant to RCW 43.101, is empowered to provide programs and
standards for the training of criminal justice personnel and in conjunction therewith may contract
with individuals and agencies for the purpose of training; and
Whereas, the Commission desires to contract with the Renton Police Department for the full-
time services of Mr. Alford Ervin in administering, conducting and presenting this state's
Corrections Officers Academy.
Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties
hereto mutually agree as follows:
(1) Term
This agreement shall commence on January 2, 2009, and terminate on January 1, 2011,
subject to any prior termination as provided herein and unless extended by written
mutual agreement of the parties hereto.
(2) Duties of Renton Police Department
The City shall provide the full-time services of Mr. Ervin to the Commission for the
purpose of coordinating and conducting training the state's Corrections Academies
program under the direction of the Adult Corrections Manager. Such services shall
include, but not be limited to:
(a) Teaching core curriculum in the basic corrections academies;
(b) Preparing and revising curricula to be used in corrections academy training
programs;
(c) Serving as a training coordinator for basic corrections training programs;
(d) Effecting a final evaluation of instructors and programs and reporting those
evaluations to the manager for corrections academies;
(e) Maintaining attendance and testing records as required;
(f) Serving as a liaison between the Commission and the students and instructors;
(g) Monitoring student conduct and performance and bringing matters of
unsatisfactory conduct or performance to the attention of the Adult Corrections
Manager;
(h) Performing such further incidental duties as may be necessary for the proper
instruction, administration, and coordination of corrections training
programming as assigned by the Commission's Executive Director or his/her
designee, and approved by.his immediate supervisor and/or the manager for
corrections academies.
ALFORD ERVIN
(3) Duties of Commission
In consideration of those services provided under this agreement, the Commission shall
reimburse to the Renton Police Department its full payment of salary to Mr. Erin,
including all benefits and all increases to said salary or benefits, during the period of
Mr. Ervin's service to the Commission herein under. The Commission shall pay said
reimbursement amount upon submission by the City of a monthly invoice.
(4) Agreements Outside of This Agreement
This agreement contains the complete agreement between the parties and shall, as of the
effective date hereof, supersede all agreements, either written or oral, between the
parties. The parties agree that neither of them has made any representations, including
the executing and delivery hereof, except such representations as are specifically set
forth herein; and each of the parties hereto acknowledges that it has relied on its own
judgment in entering into this agreement.
(5) Modification
No waiver or modification of this agreement or any covenants, conditions, or
limitations herein contained shall be valid unless in writing and duly executed by the
parties to be charged therewith; and no evidence of any waiver or modification shall be
offered or received in evidence of any proceeding or litigation between the parties
hereto arising out of or affecting this agreement, or their rights or obligations of the
parties hereunder, unless such waiver or modification is in writing duly executed as
aforesaid; and the parties further agree that the provisions of this section may not be
waived except as herein set forth.
(6) Termination of Agreement
This agreement may be terminated without cause at any time by mutual agreement of
the parties hereto, or by either party after sixty (60) days following the other party's
receipt of written intent to terminate.
The parties retain the right to cancel this agreement upon ten (10) day's written notice
to the other party if either party breaches any, of the provisions of this agreement.
In the event of termination under this section, the Renton Police Department will be
entitled to receive, to the date of such termination on a pro rata basis, the compensation
as set forth in Section 3, above.
(7) Employment Obligations of Parties
The Renton Police Department agrees to pay Mr. Ervin the full salary and benefits,
including all increases to said salary and benefits, accruing to him as an employee of the
Renton Police Department during the period of his services herein under. Additionally,
the Renton Police Department agrees to extend to Mr. Ervin all rights, privileges, and
benefits attendant to and resulting from his employment by the Renton Police
Department, including any and all promotional opportunities otherwise available to
him. The Renton Police Department further agrees that upon completion and
conclusion of Mr. Ervin's service herein under, and in the absence of any promotion or
upgrading in classification which has occurred during the duration of this agreement, he
will be returned and reinstated to the Renton Police Department at the same or equal
rank or position which he held on the beginning date of this agreement.
ALFORD ERVIN 2
The Commission agrees to effect all necessary evaluation and documentation regarding
Mr. Ervin during the period of his service herein under and as required by the Renton
Police Department. The Commission additionally agrees to provide to Mr. Ervin
learning experience and professional opportunities for career development and
enrichment at no special or direct cost to the Renton Police Department. All other
agreements pursuant to professional development entered into by the Renton Police
Department with Mr. Ervin prior to his employment by the Commission that serve as a
condition of his employment with the Renton Police Department will be honored by the
Commission with cost of said training incurred by the Renton Police Department The
Commission additionally agrees that Mr. Ervin will be available to return to the Renton
Police Department to fulfill prior commitments regarding training of the Renton Police
Department employees. Notification of said training (s) will be provided by Mr. Ervin
to the Adult Corrections Manager.
(8) City Held Harmless
The Commission agrees to defend, indemnify, and hold harmless the City of Renton,
the Renton Police Department, and Mr. Ervin from any and all liability or claims,
demands, suits, actions, proceedings, loss, costs, and/or damages of any kind, including,
but not limited to, reasonable attorney's fees which may arise from acts or omissions
occurring:
(a) in performance of services reasonably related to this agreement, and
(b) either at the request of or under the direction and under control of the
Commission, its agents or employees.
(9) Medical/Health and Workers Compensation Benefits
In the event of any injury to, or the illness or death of Mr. Ervin while acting in
performance of this agreement, the Renton Police Department agrees to extend to Mr.
Ervin medical/health and workers' compensation benefits and other compensation, to
the same extent and in the same manner as if such injury, illness, or death had occurred
during work assignment in and for the Renton Police Department.
(10) Venue Stipulation
This agreement shall be construed as having been made and delivered with the state of
Washington, and the laws of the sate of Washington shall be applicable to its
construction and enforcement. Any action at law, suit in equity, or judicial proceeding
for the enforcement of this agreement or any provision hereto shall be instituted in
Thurston County, Washington.
(11) Assignment
Each party to this agreement stipulates that the agreement is one for personal services
and accordingly neither party hereto may assign, sublet, or transfer any interest in this
agreement.
(12) Compliance with Laws
The parties hereto agree to comply in carrying out the terms of this agreement with all
applicable federal, state, and local laws, ordinances, and regulations, including but not
necessarily limited to, the laws pertaining to civil rights and laws pertaining to the
Commission and the Renton Police Department, including merit system rules.
ALFORD ERVIN 3
(13) Notices
All notices given herein shall be in writing and shall be sent by certified mail to the
parties at their recognized business addresses.
(14) Headings
The article headings contained in this agreement are inserted solely as a matter of
convenience and for reference and in no way do they define, limit, or describe the scope
or intent of the provisions of this agreement.
IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below.
WASHINGTON STATE CRIMINAL
\ JUSTICE TRAINING COMMIISSSION
Michael D. Parsons, Ph.D.
Executive Director
Washington State Criminal Justice
Training Commission
\W4�
Date
ALFORD ERVIN 4
CITY OF RENTON
Denis Law, Mayor
ATTEST. -
Bonnie I. Walton, City Clerk
Date
CITY OF RENTON COUNCIL AGENDA BILL
AI #: , E
I
ubmitting Data: Chief Kevin Milosevich
For Agenda of: January 26, 2009
Dept/Div/Board.. Police
Staff Contact...... Manager Penny Bartley Ext-7565
Agenda Status
Consent .............. X
Public Hearing..
)ubject:
SCORE Public Development Authority for a Multi-
Correspondence..
jurisdictional Misdemeanor Jail Facility
Ordinance .............
Resolution........... .
Old Business........
New Business.......
:xhibits:
*Issue Paper
*Ordinances (includes Interlocal Agteement)
Study Sessions......
Information.........
Recommended Action: Approvals:
Council concur Legal Dept.
Finance Dept......
Other....
Fiscal Impact:
Expenditure Required... 0 Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City Share Total Project..
VIIVIARY OF ACTION:
The City of Renton, and all cities in King County, will lose all access to the King County Jail
for misdemeanor offenders on December 31, 2012. Our 50-bed jail is insufficient to
accommodate our current average daily population of 115. Renton has been working with the
cities of Auburn, Burien, Des Moines, Federal Way, SeaTac, and Tukwila (the SCORE cities)
for the past two years to find a solution to the lack of jail space. The SCORE cities are
recommending the creation of a Public Development Authority (PDA) to issue bonds for the
construction of a 668 bed jail. The facility would be operated by SCORE and set up in a
manner similar to Valley com, the regional dispatch center that most of the SCORE cities
already utilize.
kFF RECOMMENDATION:
Approve the necessary legislation for the creation of SCORE and the SCORE Public
Development Authority, established for the financing, construction, and operation of a multi -
jurisdictional misdemeanor jail facility.
Rentonnet/agnbill/ bh
Vy
POLICE DEPARTMENT
1,- MEMORANDUM
DATE: January 15, 2009
TO: Randy Corman, Council President
Members of the City Council
VIA: Denis Law, Mayor
�u
FROM: Kevin Milosevich, Chief of Police
STAFF CONTACT: Penny Bartley
SUBJECT: Issue Paper — SCORE Public Development Authority for a
Multijurisdictional Misdemeanor Jail Facility
Issue: The City of Renton, and all cities in King County, will lose all access to King County Jail
for misdemeanor offenders on December 31, 2012. Our 50 bed jail is insufficient to
accommodate our current average daily population of 115.
Renton has been working with the cities of Auburn, Burien, Des Moines, Federal Way, SeaTac,
and Tukwila (the SCORE cities) for the past two years to find a solution to the lack of jail space.
The SCORE cities are recommending the creation of a Public Development Authority (PDA) to
issue bonds for the construction of a 668 bed jail. The facility would be operated by SCORE and
set up in a manner similar to Valley Com, the regional dispatch center that most of the SCORE
cities already utilize.
Background: In May 2001, King County Executive Ron Sims cancelled the existing jail
contract for all cities in King County. After 15 months of negotiations, an agreement was
reached with King County that provided for short-term use of the King County Jail. The existing
contract between all the cities and King County expires on December 31, 2012.
The cities have been in negotiations for the past two years with King County. These negotiations
have centered around two issues, a request for an increase in rates on the part of King County
and a request for a two-year extension on the part of the cities. These issues remain unresolved.
In order to grant an extension of the contract, King County is requesting that the cities agree to
implement a varying fee structure that results in daily housing fees ranging from a low of
approximately $100 per day to a high of $1,600 per day for inmates admitted to the hospital.
Additionally, inmates that receive psychiatric care or housing will be charged at higher rate, as
would those that receive medical care within the King County jails. These fee increases are in
addition to a 50 percent increase in the booking fee to $300. King County wants to implement
these fees no later than January 2010. If the cities do not agree to the increased fees, they will be
expected to pay a 400 percent latecomers fee should they need any misdemeanor jail space
beyond 2012.
In return for agreeing to the increased fees, King County is willing to guarantee the cities 220
beds in 2013 and only 100 beds in 2014. These numbers are clearly insufficient to meet the
needs of all of the cities in King County.
At this time, Yakima has not guaranteed a price for 2011. However they have indicated that the
cities should expect to pay approximately $120 per day. In addition, both King County and
Yakima County will be passing through any medical costs associated with treatment provided
outside their jails.
Given the insufficient amount of jail space available, and the ever increasing costs, the SCORE
cities have proceeded with planning for a new jail facility.
In 2007, the SCORE group explored local jails, identified possible budgets, staffing plans, and
potential sites in which to locate a south King County jail. In order to validate the work that had
been done, the SCORE cities also hired DLR Group to complete a feasibility study. The
feasibility study looked at six different elements. Those elements were: jail programming, site
description, conceptual design, staffing, budgets for construction and operations and a final cost
benefit analysis. The City of Renton served as lead agency for the feasibility study.
The feasibility study revealed that an 808 bed misdemeanor jail facility would cost $89,822,319
to be built, with completion in the third quarter of 2011. The annual operating budget, including
debt service, would be $27,967,620.
Over the past several months, the SCORE cities' Mayors and Finance Managers have met and
discussed the operations of SCORE and two critical components to its success. Those two
critical components are the financial model and the governance model.
The cities attempted to mirror the success of Valley Com, where appropriate. However, within
Valley Com the size of the cities and their percentage of usage are more equivalent. The SCORE
ownership percentage varies widely with the largest users being Renton and Auburn with 34 and
29 percent respectfully. The smallest users are Burien and SeaTac with 3 and 4 percent
ownership. Additionally, the size of the bonds necessary to build Valley Com were much lower,
with a bond amount of only twelve million dollars, compared to eighty million dollars for
SCORE.
Using the operating budgets identified in the feasibility study, four distinct financial options were
evaluated. After several discussions and projections, a consensus was reached for a proportional
model. The proportional model means that each city pays the same daily rate for owner beds and
the total amount paid by each owner is based upon their actual usage. Valley Com assesses its
owner's usage based upon the same formula.
The financial models revealed that in 2008 dollars, the approximate daily cost for inmates would
be $100 per day. This is in comparison to an existing average of $111 per day under existing jail
usage for all cities.
Renton's effective daily rate is currently $94 per day. The SCORE rate does represent a 6
percent increase in jail costs for Renton. However under the current rate negotiations with King
County we are facing a 25 percent increase in their daily rates. Future jails costs will be higher
even if we continue to operate our 50-bed facility.
The projected $100 per day rate is based upon a financial model that identifies debt service and
total operating costs. Any revenue is applied to the total operating costs and then the net
remaining costs are proportionally divided amongst the owner agencies.
The financial model identifies a contract rate that is 125 percent of the owner's rate would
generate as much as $15,000,000 annually. However, a more conservative revenue estimate has
been programmed into the financial model. Of the 250 available beds, revenue has only been
anticipated for 150 of them at $150 per day. This results in a revenue amount of $8.2 million.
The governance model is based upon consensus. All of the agencies have equal votes on the
Administrative Board and at the Operations Level. However, in order to protect the interest of
the larger users, the two largest users must be in the majority for four specific types of issues.
Those issues are debt, approval of the budget, employment of the Facility Director, and approval
of labor contracts. Currently, the two largest users are Renton and Auburn, however, during the
life of the facility that could easily change.
Allowing contract agencies to utilize available beds would substantially reduce the owner's rate,
and provide capacity for the future needs of the owner cities. Potential contract agencies include
cities in the south King County area that do not currently have their own jail facilities. Those
cities are Normandy Park, Covington, Algona, Pacific, and Maple Valley. In addition, the north
and east King County cities may not have their facility ready by the time the King County
contract expires and have contacted us about using beds. Beyond King County borders, we have
also received inquires from the Washington State Department of Corrections and Snohomish
County cities regarding access to available beds.
The impending deadline with King County puts pressure on the other cities to make a
commitment to King County, or to quickly secure other beds to eliminate agreeing to the higher
rates.
The proposed 668 bed facility will be a full -service facility that is able to accommodate inmates
needing specialized care, including medical, mental health, and behavior management housing.
None of the existing local jails can provide this level of care. These inmates have traditionally
been sent to King County Jail because Yakima County Jail is unwilling to accept them.
Given the limited options and approaching deadlines, the best option is to support the creation of
SCORE as an independent governmental entity, like Valley Com. Renton would also establish
the SCORE Public Development Authority (PDA) to issue the necessary bonds to construct the
facility.
Attached to this Issue Paper are five documents that need approval from the Council in order to
proceed. The first two, the Ordinance and the Interlocal Agreement need to be approved by all
the cities. These documents and their purposes are described below.
1) Ordinance to authorize the creation of SCORE
Purpose: Approves the Interlocal Agreement between the cities
Approves the formation of the SCORE PDA
Establishes $100,000,000 as the maximum bond amount
Establishes reimbursement for the cities for expenditures prior to bond issuance
2) Interlocal Agreement for SCORE
Purpose: Establishes SCORE as an administrative agency under RCW 39.23.030(3)
Establishes the base percentage of each of the cities capital contribution —
Renton's percentage is 34 percent
Establishes the proportional allocation of the maintenance and operations cost of
the facility based upon proportional use
Establishes the formula for crediting revenue against gross operating costs
Establishes the Administrative Board
Establishes the powers of SCORE and the Administrative Board
Identifies a separate entity, the SCORE PDA
The following three documents must be approved by the City of Renton, as the creator of the
SCORE PDA.
1) PDA Ordinance (Exhibit B)
Purpose: Authorizes Renton to create the SCORE PDA
Establishes the powers of the PDA
Establishes the Board of the Directors as the SCORE Administrative Board
Provides for the dissolution of the PDA
Provides for the Mayor of Renton to be the President of the PDA.
2) PDA Charter (Exhibit C)
Purpose: The Charter establishes the name and seal of SCORE
Limits liability and proves for a disclaimer for claims
Establishes the powers of SCORE
Identifies meeting notices and minutes to be held in accordance with Public
Records and Open Meetings requirements
3) PDA Bylaws (Exhibit D)
Purpose: Establishes membership in the PDA
Establishes officers of the SCORE PDA
Establishes the Board and Code of Ethics of the SCORE PDA
Establishes Principal Office of the PDA — 1055 South Grady Way, Renton
Prior to Renton adopting the legislation, the six other cities will have adopted the Interlocal
Agreement and passed an ordinance authorizing SCORE. Cities that have already adopted the
legislation are:
City of Des Moines — adopted December 22, 2008
City of Federal Way — adopted January 6, 2009
City of Burien — adopted January 12, 2009
City of SeaTac — adopted January 13, 2009
Cities scheduled for adoption are:
City of Auburn — scheduled for January 20, 2009
City of Tukwila — scheduled for January 20, 2009
The jail is proposed to be located in the City of Des Moines, on property currently owned by the
Port of Seattle. A survey was recently completed and an appraisal is now underway to establish
a value for the property.
Due to construction escalation, work has already begun on the schematic design of the facility.
Once schematic design is complete, the design development will begin, followed by construction
documents.
STAFF RECOMMENDATIONS: Approve the necessary legislation for the creation of
SCORE and the SCORE Public Development Authority, established for the financing,
construction, and operation of multijurisdictional misdemeanor jail facility.
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE EXECUTION OF AN INTERLOCAL
AGREEMENT RELATING TO THE SOUTH CORRECTIONAL ENTITY
FACILITY AND THE FORMATION OF THE SOUTH CORRECTIONAL
ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY.
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, the City currently contracts with other local governments within the State
of Washington for correctional services at a great expense to the City; 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, the Cities of Auburn, Federal Way, Des Moines, Tukwila, Burien, SeaTac,
Washington and the City (the "Member Cities") recognize and find that there is a public need for
a new correctional facility to serve the south King County region and to provide correctional
services at a lower total cost to the participating Member Cities than currently available
alternatives or than the participating Member Cities could individually provide; and
WHEREAS, the Member Cities now desire to enter into an interlocal agreement (the
"Interlocal Agreement") to form a governmental administrative agency ]mown as the South
Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility (the
"SCORE Facility") to serve the Member Cities and federal and state agencies and other local
ORDINANCE NO.
governments that may contract with SCORE in the future to provide correctional services
essential to the preservation of the public health, safety and welfare; and
WHEREAS, the Member Cities are considering the formation of a public corporation for
the purpose of issuing and servicing bonds that are secured by the full faith and credit of the
Member Cities in order to provide for the financing of the SCORE Facility; and
WHEREAS, the City has agreed to act as the host city for the formation of the public
corporation, subject to the approval of each Member City; and
WHEREAS, the establishment and maintenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Approval of Interlocal Agreement. The Mayor of the City is
hereby authorized to execute the interlocal agreement with the Cities of Auburn, Federal Way,
Des Moines, Tukwila, Burien, SeaTac, Washington, substantially in the form as attached hereto
as Exhibit A and incorporated herein by this reference (the "Interlocal Agreement"), for the
creation of a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as
the South Correctional Entity ("SCORE"). The Mayor is hereby designated as the "Designated
Representative" of the City for purposes of the Interlocal Agreement. The Mayor and other
appropriate officers of the City are authorized and directed to take any and all such additional
actions as may be necessary or desirable to accomplish the creation of SCORE.
SECTION II. Approval of Formation of the Authority. Pursuant to chapter 39.34
RCW and RCW 35.21.730 through RCW 35.21.755, the City hereby approves the creation of a
public corporation by the City to be designated as the South Correctional Entity Facility Public
2
ORDINANCE NO.
Development Authority (the "Authority"). The purpose of the Authority is to provide an
independent legal entity under State law to issue obligations to finance and refinance the
acquisition, construction, improvement and equipping of a correctional facility (the "SCORE
Facility"). Such obligations may be issued in one or more series, may be in the form of bonds,
notes or other evidences of indebtedness to provide interim and permanent financing for the
SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and
other capital improvements essential to maintain the SCORE Facility's functionality. Such
bonds, notes, and other evidences of borrowing are collectively referred to herein as the
"Bonds." The proposed form of ordinance to be considered by the City Council of the City,
along with the Charter and the Bylaws of the Authority, drafts of which are attached hereto, as
Exhibits B, C and D, respectively, are hereby approved. The City Council hereby approves the
formation by the City of the Authority by the approval of such ordinance, Charter and Bylaws
substantially in the forms presented to this Council.
SECTION III. Limited Liability; Independent Obligations. The Authority shall
be an independent legal entity exclusively responsible for its own debts, obligations and
liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the assets
and credit of the Authority. No creditor or other person shall have any recourse to the assets,
credit, or services of the City on account of any debts, obligations, liabilities, acts, or omissions
of the Authority.
SECTION IV. City Contributions to Operations and Bonds. The City shall pay its
allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility
not paid from other sources, which allocable portion shall be determined as provided in the
Interlocal Agreement. In addition to the foregoing commitment, the City irrevocably commits to
3
ORDINANCE NO.
pay its capital contribution in the percentage provided for in the Interlocal Agreement, which is
equal to 34%, to pay debt service on Bonds as the same shall become due and payable and to pay
administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution")
The authorization contained in this ordinance is conditioned upon the issuance of Bonds not
exceeding the aggregate principal amount of $100,000,000 (not including any bonds or notes to
be refunded with proceeds of such Bonds) 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 34% 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 Interlocal
Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as
administrator and servicer of the Bonds to be issued by the Authority. 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
without a vote of the electors of the City 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 Bonds issued by the Authority remain outstanding.
SECTION V. Preliminary Costs; Reimbursement, The City is hereby authorized
to finance costs associated with the design, acquisition, construction, improvement and
equipping of the SCORE Facility prior to the issuance of Bonds by the Authority pursuant to the
51
ORDINANCE NO.
terms of the Interlocal Agreement. Pursuant to U.S. Treasury Regulation Section 1.150-2(e), the
City reasonably expects to be reimbursed for such expenditures with proceeds of Bonds issued
by the Authority. The maximum principal amount of Bonds expected to be issued for the
SCORE Facility described in Section 2 is $100,000,000,
SECTION VI. Effective Date. This ordinance shall take effect and be in force
from and after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL this day of , 2009.
APPROVED BY THE MAYOR this
Approved to as to form:
Jay Reich, Special Counsel
Date of Publication:
ORD: 1531:1/13/09:ser
5
Bonnie I. Walton, City Clerk
day of
Denis Law, Mayor
2009.
EXHIBIT A
Form of Interlocal Agreement
(attached)
SCORE INTERLOCAL AGREEMENT
among
CITY OF AUBURN,
CITY OF DES MOINES,
CITY OF FEDERAL WAY,
CITY OF RENTON,
CITY OF TUKWILA,
CITY OF BURIEN,
AND
CITY OF SEATAC, WASHINGTON
Dated as of , 2009
TABLE OF CONTENTS
Page
Section1.
Definitions............................................................................................................... 2
Section 2.
SCORE Facility; Authority.....................................................................................
3
Section 3.
Duration of Agreement...........................................................................................
5
Section 4.
Withdrawal and Termination..................................................................................
5
Section 5.
Administrative Board..............................................................................................
6
Section6.
Operations Board....................................................................................................
7
Section7.
Facility Director......................................................................................................
8
Section8.
Personnel Policy......................................................................................................
8
Section 9.
Budget, Policies and Operations.............................................................................
9
Section 10.
Contracts and Support Services..............................................................................
9
Section 11.
Policy and System Evaluation.................::.............................................................
9
Section 12.
Additional Services Authorized............................................................................
10
Section 13.
Inventory and Property.........................................................................................
10
Section14.
Local Control........................................................................................................
10
Section 15.
SCORE Facility Financing and Construction; SCORE Facility Public
DevelopmentAuthority........................................................................................
10
Section 16.
Preliminary Costs of the SCORE Facility; Bellevue Property .............................
13
Section 17.
Compliance with Continuing Disclosure Requirements .......................................
13
Section 18.
Filing of Agreement..............................................................................................
13
Section19.
Severability...........................................................................................................
13
Section 20.
Execution and Amendment...................................................................................
14
Section 21.
Third Party Beneficiaries......................................................................................
14
Section22.
Hold Harmless......................................................................................................
14
Section23.
Counterparts..........................................................................................................
15
-1- 01 /20/09
SCORE INTERLOCAL AGREEMENT
THIS SCORE INTERLOCAL AGREEMENT ("Agreement") is entered into this
, 2009 by and among the Cities of Auburn, Des Moines, Federal Way, Renton,
Tukwila, Burien and SeaTac, Washington (the "Member Cities"), all of which are municipal
corporations under the laws and statutes of the State of Washington:
RECITALS:
WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for,
establish and maintain correctional facilities in furtherance of public safety and welfare; and
WHEREAS, the Member Cities currently contract with other local governments within
the State of Washington for correctional services at a great expense to the City; 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, the Member Cities now desire to form a governmental administrative
agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to
establish and maintain a consolidated correctional facility (the "SCORE Facility") to serve the
Member Cities and federal and state agencies and other local governments that may contract with
SCORE in the future to provide correctional services essential to the preservation of the public
health, safety and welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, financing for the acquisition, construction, equipping, and improvement of
the SCORE Facility will be provided by bonds issued by a public corporation created in
accordance with this Agreement and pursuant to RCW 35.21.730 through 35.21.755 and secured
by the full faith and credit of the Member Cities; and
WHEREAS, the City of Renton has agreed to act as the host city for the formation of a
public corporation to be known as the South Correctional Entity Facility Public Development
Authority (the "SCORE Facility Public Development Authority") subject to the approval of each
Member City; and
WHEREAS, the establishment and maintenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
Section 1. Definitions. Capitalized terms used in this Agreement shall have the
following meanings:
"Administrative Board" means the governing board of SCORE created pursuant to
Section 5 of this Agreement.
"Agreement" means this Interlocal Agreement among the Member Cities, as amended
from time to time.
"Base Percentage" means a percentage equal to the 2007 average daily population
allocable to the Member Cities in all correctional facilities. Those percentages are as follows:
(a)
Auburn — twenty-nine (29%)
(b)
Des Moines — five (5%)
(c)
Federal Way — seventeen (17%)
(d)
Renton - thirty-four (34%)
(e)
Tukwila — eight (8%)
(f)
Burien — four (4%)
(g)
SeaTac — three (3%)
"Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the
SCORE Facility Public Development Authority to provide interim and permanent financing for
the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion
and other capital improvements essential to maintain the SCORE Facility's functionality.
"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 Agreement, which budget shall set forth (a) an estimate of the
costs of capital improvements required to be 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 Agreement.
"Capital Contribution" means, for each Member City, that Member City's Base
Percentage multiplied by the principal of and interest on Bonds as the same shall become due
and payable and administrative expenses of the SCORE Facility Public Development Authority
with respect to Bonds.
"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.
2 P:\20358_DG\20358_OIX
"Facility Director" means the director of the SCORE Facility selected by the
Administrative Board pursuant to Section 7 of this Agreement.
"Member Cities" mean, initially, the Cities of Auburn, Des Moines, Federal Way,
Renton, Tukwila, Burien and SeaTac, Washington.
"Operations Board" means the board formed pursuant to Section 6 of this Agreement.
"Presiding Officer" means the member of the Administrative Board selected pursuant to
Section 5 of this Agreement.
"SCORE" means the governmental administrative agency established pursuant to
RCW 39,34.030(3) and this Agreement 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.
"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 Agreement.
Section 2. SCORE Facility; 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 initially consist of the Member Cities.
(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 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 Agreement. The Administrative
Board shall have the authority to:
Recommend action to the legislative bodies of the Member Cities;
2. Approve the Budget, adopt financial policies and approve expenditures;
3 P120358_DG\20358_01X
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 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 frilly implement the
purposes of this Agreement;
13. Enter into agreements with and receive and distribute funds from any
federal, state or local agencies;
14. Receive and account for all 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;
18. Make and alter bylaws for the administration and regulation of its affairs;
19. Enter into contracts with Subscribing Agencies to provide correctional
services;
4 P:\20358_DG\20358_OIX
20. Employ employees as necessary to accomplish the terms of this
Agreement;
21. Establish policies and procedures for adding new cities as "Member
Cities" to this Agreement; and
22. Engage in any and all other acts necessary to further the goals of this
Agreement.
Section 3. Duration of Agreement.
The initial duration of this Agreement shall be for a period of ten (10) years from its
effective date and, thereafter, shall automatically extend for additional five (5) year periods
unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement
shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority
as provide in Section 15 of this 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 Agreement by providing written notice and serving that
notice on the other Member Cities on or before December 31 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
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
Agreement. Upon the final termination date, this Agreement shall be fully terminated.
(c) Subject to Section 4(g) below, in the event any Member City fails to budget or
provide the required 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 Agreement and to have forfeited all its rights under this 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 Member City withdraws its membership in SCORE, the
withdrawing City will forfeit any and all rights it may have to SCORE's real or personal
5 P:\20358_DG120358_01X
property, or any other ownership in SCORE, unless otherwise provided by the Administrative
Board.
(f) Upon termination of this Agreement, all property acquired during the life of this
Agreement shall be disposed of in the following manner:
1. All real and personal property acquired pursuant to this Agreement shall
be distributed to the Member Cities based on the Base 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 Member City from this Agreement shall not
discharge or relieve the Member 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. A Member City may be relieved of its
obligation under this 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 Facilities Director; (4) cost allocations made prior to the issuance of
Bonds pursuant to Section 16 of this Agreement; and (5) approval of labor contracts, shall
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 of the preceding year. Votes regarding (1) the
conveyance of real property; (2) the addition of additional services pursuant to Section 11 of this
Agreement not directly incidental to correctional services (such as providing court services); and
(3) matters addressed in Sections 4(b) and (g) of this 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.
P120358 OG\20356 0IX
(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.
(f) Meetings of the Administrative Board. There shall be a minimum of two (2)
meetings each year, and not less than fifteen (15) days notice shall be given to all members prior
to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting
shall be held on the second Tuesday of February of each year to review the prior year's service.
The second meeting shall 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.
Five (5) 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 that 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.
(a) Formation. There is further established an Operations Board which 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 two (2) 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. The purpose and duties of the Operations
Board shall be established by the Administrative Board.
7 P:\20358_DG\20358_OIX
(b) Voting and Meetings 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 that govern its procedures. Unless otherwise provided, Robert's
Revised Rules of Order shall govern all procedural matters relating to the business of the
Operations Board. The Operations Board shall elect a presiding officer from its members and
shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall
be held each month at a time and place designated by the presiding officer or a majority of its
members. Special meetings may be called by the presiding officer or any two (2) members upon
giving all other members not less than 24 hours prior written notice (electronic or facsimile
notice acceptable). In an emergency, the Operations Board may dispense with written notice
requirements for special meetings, but must, in good faith, implement best efforts to provide fair
and reasonable notice to all of the members of the Operations Board. All meetings shall be open
to the public to the extent required by chapter 42.30 RCW.
A majority of the members of the Operations Board must be present at any meeting of the
Operations Board to comprise a quorum, and for the Operations Board to transact any business.
Proxy voting shall not be allowed. Members of the Operations 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 Operations 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.
Section 7. Facility Director.
Not later than one hundred eighty (180) days prior to the completion of the SCORE
Facility, the Operations Board shall recommend to the Administrative Board a person to act as
the Facility Director. 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 other appropriate means in
order to fully implement the purposes of this Agreement. The Facility Director shall administer
the program 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 Policy.
(a) The Operations Board shall submit to the Administrative Board within one
hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel
policy for the SCORE Facility for its approval, rejection or modification. All of such
modifications or revisions shall be subject to the final approval of the Administrative Board.
(b) Such personnel policy 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
8 P:\20358_DG\20358_01X
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.
Section 9. Budj4et, 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 shall 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 proposed Budget, and of the required financial
participation for the ensuing year.
(b) The Administrative Board shall 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 Operation and Maintenance 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 Member City to this 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 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 Board from time to time.
Any substantive change or deviation from established policy shall be subject to the prior
approval of the Administrative Board.
9 P:\20358_DG\20358 OIX
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 to Member Cities 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. In order to provide necessary services for the Member Cities
and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and
operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des
Moines, Washington. Pursuant to RCW 35.21.740, the City of Des Moines 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
Agreement.
(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
10 P:\20358_DG\20358_OIX
contracts for the development of the SCORE Facility. These contracts shall 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 costs of
acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has
agreed to form 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. 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. Each Member City shall each pay an allocable
portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue
received from Subscribing Agencies or other sources, as provided in this Agreement. Each
Member City shall be billed for its total allocable capital and operating costs on a semiannual
basis, or more frequently as determined by the Administrative Board, calculated as provided for
in this Section.
(1) Capital Contribution. Each Member City shall be obligated to pay an
amount equal to its Capital Contribution without regard to the payment or lack thereof by
any other Member City. No Member City shall be obligated to pay the Capital
Contribution of any other Member City, and each Member City shall be obligated to
budget for and pay its Capital Contribution. The obligation of each Member City to pay
its Capital Contribution shall be an irrevocable full faith and credit obligation of such
Member City, payable from property taxes levied within the constitutional and statutory
authority provided without a vote of the electors of the Member City on all of the taxable
property within the Member City and other sources of revenues available therefor. Each
Member 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).
A Member 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 Member Cities shall not affect the Capital Contribution of the
remaining Member Cities. Any Member 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 pursuant to Section 9(b) of this
I I P120358_DG\20358_01X
Agreement, 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 City's Base Percentage 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 of the
preceding year.
(e) Allocation of Revenues. Revenues received in a calendar year from Subscribing
Agencies or from sources other than the contributions described in Section 15(d) above shall be
used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each
Member City shall receive credit/benefit of the revenues discussed in this section based on that
Member City's proportional average daily population as calculated in Section 15(d)(2) above.
(f) Tax -Exemption. The Member Cities shall not (1) make any use of the proceeds
from the sale of Bonds 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 the Bonds
pursuant to Section 148(a) of the Code that will cause the 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 the Bonds to be considered obligations not described in Section 103(a) of the Code.
(g) Additional Financing. Notwithstanding anything to the contrary in this
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.
(h) 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.
12 RQ0358_DG�20358 OIX
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 herby 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 shall be governed by the
procurement policy established by the Administrative Board as amended from time to time.
Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property
The Administrative Board shall allocate costs associated with the design, acquisition,
construction, improvement and equipping of the SCORE Facility prior to the issuance of the
Bonds by the SCORE Facility Public Development Authority among the Member Cities by an
affirmative vote of a supermajority (majority plus one) of the 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 of the preceding year. Any costs of the SCORE
Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of
Bonds to the extent permitted by law.
The Member Cities hereby agree that any net proceeds received from the sale of the
property located at 1440 1 16"' Avenue NE, Bellevue, Washington and 1412 116"' Avenue NE,
Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with
SCORE and used to finance costs associated with the design, acquisition, construction,
improvement and equipping of the SCORE Facility.
Section 17. 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 Bonds, each Member 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 18. FilinIZ of Agreement
Upon execution, this Agreement shall be filed as required in RCW 39.04.040.
Section 19. Severability
If any part, paragraph, section or provision of this 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 Agreement.
13 PA20358_DG120358_01X
Section 20. Execution and Amendment
This Agreement shall be executed on behalf of each Member City by its Designated
Representative and pursuant to an appropriate motion, resolution or ordinance of each Member
City. This Agreement shall be deemed adopted upon the date of execution by the last so
Designated Representative.
This Agreement may not be effectively amended, changed, modified or altered, except by
an instrument in writing duly executed by the Designated Representative of each Member City
and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as
such amendment does not materially adversely affect the owners of the Bonds or affect the tax-
exempt status of the interest paid on the Bonds. If the Bonds issued by the SCORE Facility
Public Development Authority are rated by a rating agency, then no amendment that adds or
removes a Member City from this Agreement or revises Section 15 of this Agreement shall be
permitted unless the SCORE Facility Public Development Authority has received written
confirmation from the rating agency that such amendment will not result in a reduction or
withdrawal of the rating on the Bonds. If the Bonds are not rated by a rating agency, then no
such amendment as described in the preceding sentence will be permitted unless in the opinion
of the SCORE Facility Public Development Authority such amendment will not materially
adversely affect the owners of the Bonds.
Section 21. 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 herein shall be for
their further benefit.
Section 22. Hold Harmless
The parties to this Agreement shall defend, indemnify and save one another harmless
from any and all claims arising out of the performance of this 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, Facility Director and or staff, while acting within the scope of their
authority under this Agreement shall be borne by SCORE exclusively.
14 P:Q0358_DG\20358_01X
Section 23. Counterparts
This 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 have executed this Agreement as of the day and
year first written above.
CITY OF AUBURN CITY OF RENTON
By: By:
CITY OF DES MOINES CITY OF TUKWILA
By:
CITY OF FEDERAL WAY CITY OF BURIEN
CITY OF SEATAC
By:
15 P,120358_DG\20358 OIX
EXHIBIT B
Form of Formation Ordinance of the City of Renton
(attached)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE CREATION OF A PUBLIC CORPORATION TO
BE KNOWN AS THE SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY; APPROVING A CHARTER
AND BYLAWS; ESTABLISHING A BOARD OF DIRECTORS TO
GOVERN THE AFFAIRS OF THE AUTHORITY; AND APPROVING
PROCEDURES FOR THE CONDUCT OF ITS AFFAIRS.
WHEREAS, pursuant to RCW 35.21.730 through 35.21.755, the City Council (the
"Council") of the City of Renton, Washington (the "City") may authorize the creation of a public
corporation as a separate legal entity to perform any lawful public purpose or public function as
therein authorized; and
WHEREAS, pursuant to chapter 39.34 RCW, the City has entered into the SCORE
Interlocal Agreement (the "Interlocal Agreement") with the Cities of Auburn, Des Moines,
Federal Way, Tukwila, Burien and SeaTac, Washington (together with the City, the "Member
Cities") for the formation of a governmental administrative agency known as the South
Correctional Entity ("SCORE"); and
WHEREAS, SCORE is responsible for the establishment and maintenance of a
consolidated correctional facility (the "SCORE Facility") to serve the Member Cities and federal
and state- agencies and other local governments that may contract with SCORE in the future to
provide correctional services essential to the preservation of the public health, safety and
welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
ORDINANCE NO.
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, the Interlocal Agreement contemplates that the City will create a public
corporation for the purpose of issuing and servicing bonds that are secured by the full faith and
credit of the Member Cities in order to finance the acquisition, construction, equipping, and
improving of the SCORE Facility; and
WHEREAS, the City will act as the host city for the formation of the public corporation,
subject to the approval of each Member City; and
WHEREAS, the City has determined that chartering a public corporation to function on
its behalf in undertaking the acquisition, construction, equipping, and improvement of the
SCORE Facility will create a highly focused and dedicated entity that will accelerate progress,
provide for financing, pool limited resources and enhance opportunities to work with the
Member Cities and others critical to the successful construction and operation of a regional
correctional facility, all while ensuring appropriate public oversight and accountability; and
WHEREAS, the Council has been presented with drafts of a proposed charter (the
"Charter") and bylaws (the "Bylaws") for the establishment and chartering of a public
corporation to be known as the South Correctional Entity Facility Public Development
Authority, which will have as its purpose the issuance and servicing of one or more series of
bonds or other obligations to provide financing for the acquisition, construction, equipping, and
improving of a correctional facility pursuant to the terms of this ordinance and the Charter; and
WHEREAS, it appears in the best interest of the City to approve the Charter and Bylaws
for the South Correctional Entity Facility Public Development Authority as now proposed;
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ORDINANCE NO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Authority Created —City Liability Limited.
A. Authority Created. The Council hereby authorizes the creation of a public
corporation pursuant to RCW 35.21.730(5). The public corporation shall have all of the powers
set forth in this ordinance, RCW 35.21.730 through 35.21.755, and in its charter necessary to
finance and refinance the acquisition, construction, equipping, and improvement of a regional
correctional facility known as the South Correctional Entity Facility (the "SCORE Facility")
through the issuance and servicing of one or more series of bonds, notes or other obligations
(collectively, the "Bonds"), and to perform any other function specified in its charter.
B. Name. The name of the public corporation shall be the "South Correctional
Entity Facility Public Development Authority" (hereinafter the "Authority")
C. Seal. The corporate seal of the Authority shall carry the name of the Authority.
D. City Liability Limited. The Authority is an independent legal entity exclusively
responsible for its own debts, obligations and liabilities. Except as specifically agreed in writing
by the City, the Authority may not create, and shall take no action that might impose, liability
upon the City. All liabilities incurred by the Authority shall be satisfied exclusively from the
assets, credit, and properties of the Authority, and no creditor or other person shall have any right
of action against or recourse to the City, its assets, credit, or services, on account of any debts,
obligations, liabilities or acts or omissions of the Authority.
The charter of the Authority shall provide that the Authority is organized pursuant to this
ordinance and RCW 35.21.730 through 35.21.755 and state as follows: "[A]11 liabilities incurred
by such public corporation, commission, or authority shall be satisfied exclusively from the
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ORDINANCE NO.
assets and properties of such public corporation, commission, or authority and no creditor or
other person shall have any right of action against the city, town, or county creating such
corporation, commission, or authority on account of any debts, obligations or liabilities of such
public corporation, commission, or authority." Such statement shall be displayed in a prominent
location in the principal office or other offices of the Authority. It shall also be printed or
stamped on all contracts, bonds, and other documents that may entail any debt or liability by the
Authority.
E. Contributions of the Cities. The City and the Cities of Auburn, Des Moines,
Federal Way, Tukwila, Burien, and SeaTac, Washington (together with the City, the "Member
Cities") shall each pay an allocable portion of the budgeted expenses of maintenance and
operation of the SCORE Facility not paid from other sources, which allocable portion shall be
determined as provided in the Interlocal Agreement. In addition to the foregoing commitment,
each Member City shall contribute funds in the percentages provided for in the Interlocal
Agreement to pay debt service on Bonds as the same shall become due and payable and to pay
administrative expenses of the Authority with respect to the Bonds (the respective Member
City's "Capital Contribution"). No Member City shall be obligated to pay the Capital
Contribution of any other Member City; the obligations of each Member City with respect to the
Bonds shall be limited to its allocable share of such obligations; all such payments shall be made
by the Member City without regard to the payment or lack thereof by any other jurisdiction; and
each Member City shall be obligated to budget for and pay its Capital Contribution unless
relieved of such payment in accordance with the Interlocal Agreement. All payments with
respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the
Bonds to be issued by the Authority.
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ORDINANCE NO.
The obligation of each Member City to pay its Capital Contribution shall be an
irrevocable full faith and credit obligation of such Member City, payable from property taxes
levied within the constitutional and statutory authority provided without a vote of the electors of
the Member City on all of the taxable property within the Member City and other sources of
revenues available therefor. Each Member City has or will obligate itself and commit 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 Bonds remain outstanding.
SECTION II. Powers --Generally. Except as limited by the constitution of the
State of Washington (the "State"), State statute, this ordinance or the Charter of the Authority,
the Authority shall have and may exercise all lawful powers necessary or convenient to effect the
purposes for which the Authority is organized and to perform authorized corporate functions, as
provided in its Charter. The Authority may conduct activities outside of the boundaries of the
City upon a determination by the Council that the activity will further the purposes of the
Authority, subject, however, to the applicable limitations set forth in RCW 35,21.740, The
Council hereby authorizes the Authority to acquire, equip, construct, improve and maintain the
SCORE Facility located in the City of Des Moines, Washington pursuant to the terms of the
Interlocal Agreement.
SECTION III. Limitation of Powers. The activities and transactions of the
Authority shall be limited in the following respects:
A. The Authority shall have no power of eminent domain nor any power to levy
taxes or special assessments.
0
ORDINANCE NO.
B. Except as otherwise agreed to by a Member City, the Authority may not incur or
create any liability that permits recourse by any contracting party or member of the public to any
assets, services, resources, or credit of a Member City.
C. No funds, assets, or property of the Authority shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office; nor shall
any funds or a substantial part of the activities of the Authority be used for publicity or
educational purposes designed to support or defeat legislation pending before the Congress of the
United States, the State Legislature or the Council of the Member Cities; provided, however, that
fiends may be used for representatives of the Authority to communicate with members of
Congress, State legislators or city council members concerning funding and other matters
directly affecting the Authority, so long as such activities do not constitute a substantial part of
the Authority's and unless such activities are specifically limited in its charter.
D. All funds, assets, or credit of the Authority shall be applied toward or expended
upon services, projects, and activities authorized by its charter. No part of the net earnings of the
Authority shall inure to the benefit of, or be distributable as such to, the board members or other
private persons, except that the Authority is authorized and empowered to:
(i) Reimburse Board Members, employees and others performing services for
the Authority reasonable expenses actually incurred in performing their duties, and
compensate employees and others performing services for the Authority a reasonable
amount for services rendered;
(ii) Assist board members or employees as members of a general class of
persons to be assisted by a corporate approved project or activity to the same extent as
0
ORDINANCE NO.
other members of the class as long as no special privileges or treatment accrues to such
board members or employees by reason of his or her status or position in the Authority;
(iii) Defend and indemnify any current or former board member or employee
and their successors against all costs, expenses, judgements, and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or
resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or
may be made a party by reason of being or having been a board member or employee, or
by reason of any action alleged to have been taken or omitted by him or her in such
position, provided that he or she was acting in good faith on behalf of the Authority and
within the scope of duties imposed or authorized by law. This power of indemnification
shall not be exclusive of other rights to which board members or employees may be
entitled as a matter of law;
(iv) Purchase insurance to protect and hold personally harmless any of its
board members, employees and agents from any action, claim, or proceeding instituted
against the foregoing individuals arising out of the performance, in good faith, of duties
for, or employment with, the Authority and to hold these individuals harmless from any
expenses connected with the defense, settlement, or monetary judgements from such
actions, claims, or proceedings. The purchase of such insurance and its policy limits shall
be discretionary with the board, and such insurance shall not be considered to be
compensation to the insured individuals. The powers conferred by this subsection shall
not be exclusive of any other powers conferred by law to purchase liability insurance; and
(v) Sell assets for a consideration greater than their reasonable market value
or acquisition costs, charge more for services than the expense of providing them, or
7
ORDINANCE NO.
otherwise secure an increment in a transaction, or carry out any other transaction or
activity, as long as such gain is not the object or purpose of the Authority's transactions
or activities and is applied to or expended upon services, projects, and activities as
aforesaid.
E. The Authority shall not issue shares of stock, pay dividends, make private
distribution of assets, make loans to its board members or employees or otherwise engage in
business for private gain.
SECTION IV. Charter. The charter of the Authority (the "Charter") is hereby
approved in the form set forth at Exhibit A. The Charter shall be issued in duplicate originals,
each signed by the City Mayor and bearing the City seal attested by the City Clerk. One original
shall be filed with the Clerk of the Council and filed as a public record. A duplicate original
shall be provided to the Authority.
Amendments to the Charter may be initiated by the Board Members or by the Renton
City Council. All amendments to the Charter initiated by the Renton City Council shall be
presented to the Board for consideration and approval and shall not become effective unless
approved by a majority vote of the Board. All amendments to the Charter, regardless of how
initiated, shall become effective as provided in the Charter. After adoption of a Charter
amendment, the revised Charter shall be issued and filed in the same manner as the original
Charter.
SECTION V. Effect of Issuance of Charter. The Authority shall commence its
existence effective upon fulfillment of all of the following:
H-1
ORDINANCE NO.
A. Each of the Councils of the Member Cities has approved the creation of the
Authority by the City;
B. This ordinance has become effective; and
C. The charter shall have been executed, and the Charter and bylaws of the Authority
(the "Bylaws") shall be on file with the City Clerk.
Except as against the State or the City in a proceeding to cancel or revoke the Charter,
delivery of a duplicate original Charter shall conclusively establish that the Authority has been
established in compliance with the procedures of this ordinance.
SECTION VI. Board of Directors; Officers. The SCORE Administrative Board
established pursuant to Section 5 of the Interlocal Agreement shall act ex offacio as the board of
the Authority (the `Board"). All corporate powers of the Authority shall be exercised by or
under the authority of the Board; and the business, property and affairs of the authority shall be
managed under the supervision of the Board, except as may be otherwise provided by law or in
the Charter. The Board shall have officers as provided in the Charter.
SECTION VII. Meetin . Within ninety (90) days after issuance of the Charter, the
City Mayor shall call an organizational meeting of the initial Board, giving at least ten (10) days'
advance written notice to each, unless waived in writing. At such meeting, the Board shall
organize itself, appoint officers, and select its place of business. All Board meetings, including
executive, all other permanent and ad hoc committee meetings, shall be open to the public to the
extent required by chapter 42.30 RCW.
SECTION VIII. Bylaws. The Bylaws of the Authority are hereby approved in the
form set forth at Exhibit B. The power to alter, amend, or repeal the Bylaws or adopt new ones
shall be vested in the Board except as otherwise provided in the Charter. The Bylaws shall be
I
ORDINANCE NO.
consistent with the Charter. In the event of a conflict between the Bylaws and this ordinance or
the Charter, this ordinance or the Charter, as the case may be, shall control.
SECTION IX. Funds of the Authority. All money belonging to or collected for
the use of the Authority coming into the hands of any officer thereof shall immediately be
deposited with a legal depository to the credit of the Authority for the benefit of the funds to
which they belong. The use of funds of the Authority for any purpose not authorized by law by
any officer having possession or control thereof is prohibited.
SECTION X. Bonds and Notes. Bonds issued by the Authority may be secured
by revenues and receipts as may be designated in the proceedings under which the issuance of
the bonds or notes is authorized. All Bonds issued shall carry in a prominent place thereon the
statement set forth in Section 1(D) of this ordinance. All Bonds or liabilities occurring
thereunder shall be satisfied exclusively from the assets or credit of the Authority, and no
creditor or other person shall have any recourse to the assets, credit, or services of the City
thereby, unless the City shall expressly, in writing, guarantee such debt.
Bonds of the Authority may be sold at such price or prices, at public or private sale, in
such manner and from time to time as may be determined by the Authority. The Authority may
issue Bonds from time to time that are secured by the full faith and credit of the Member Cities
in the aggregate principal amount of not to exceed $100,000,000 (not including any bonds or
notes to be refunded with proceeds of such Bonds) for the purposes set forth in the Interlocal
Agreement. Bonds issued in excess of such amount shall require additional council approval by
each Member City. Bonds may be payable at such place or places whether within or without the
State, may bear interest at such rate or rates, may be in such form and denominations and of such
tenor and maturities, may be in bearer form or in registered form as to principal and interest or as
10
ORDINANCE NO.
to principal alone, reserve such rights to redeem at such price or prices and after such notice or
notices and on such terms and conditions, all as the Authority may determine and provide in the
proceedings under which such Bonds shall be issued.
The Authority may at the time of the issuance of such Bonds make such covenants with
the purchasers and holders of said Bonds as it may deem necessary to secure and guarantee the
payment of the principal thereof and the interest thereon, including but not limited to: covenants
to set aside adequate reserves to guarantee payment of principal and interest; to appoint a trustee
or trustees to safeguard the expenditure of the proceeds of sale of such Bonds and to take
possession and use or operate and manage corporate assets securing the Bonds in event of default
or insolvency of the Authority, with such powers as maybe contained in any covenants relating
to the Bonds; and to limit the amount, time, and conditions under which additional Bonds may be
issued or debts incurred.
The Authority may pay expenses, premiums and commissions which it may deem
necessary in connection with the issuance and sale of its Bonds and take such other actions or
make such commitments as are necessary or convenient in the issuance and servicing of such
Bonds and as are consistent with this ordinance although not enumerated herein.
SECTION XI.
Discrimination Prohibited. Membership to the Board shall not be
directly or indirectly based upon or limited by age, race, color, religion, sex, sexual orientation,
national origin, or the presence of any mental, physical or sensory handicap. Furthermore, the
Authority shall not discriminate in any matter related to employment because of age, race, color,
sex, sexual orientation, national origin, or the presence of any mental, physical or sensory
handicap. The Authority shall, in all solicitation or advertisements for employees placed by or on
behalf of the Authority, if any, state that all qualified applicants will receive consideration for
ORDINANCE NO.
employment without regard to age, race, color, religion, sex, sexual orientation, national origin,
or the presence of any mental, physical or sensory handicap.
SECTION XII. Dissolution.
A. If five of the Councils of the Member Cities, each by ordinance, make an
affirmative finding that dissolution is warranted for any reason, the existence of the Authority
shall be terminated by ordinance of the Renton City Council. Dissolution shall be accomplished
as provided in the Charter, and shall not take effect until proper provision has been made for
disposition of all Authority assets, if any.
B. Upon enactment of an ordinance by the Renton City Council for dissolution of the
Authority, the Authority shall file a dissolution statement signed by its president setting forth:
(1) The name and principal office of the Authority;
(ii) The debts, obligations and liabilities of the Authority, and the property and
assets available to satisfy the same; the provisions to be made for satisfaction of
outstanding liabilities and performance of executory contracts; and the estimated time for
completion of its dissolution;
(iii) Any pending litigation or contingent liabilities;
(iv) The Board resolution providing for such dissolution and the date(s) and
proceedings leading toward its adoption, whenever the dissolution be voluntary; and
(v) A list of persons to be notified upon completion of the dissolution.
The City Mayor shall review the dissolution statement filed and oversee the dissolution to
protect the public interest and prevent impairment of obligation, or if so authorized by law,
authorize or initiate proceedings in the Superior Court for the appointment and supervision of a
receiver for such purposes.
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ORDINANCE NO.
Upon satisfactory completion of dissolution proceedings, the City shall indicate such
dissolution by inscription of "charter cancelled" on the original Charter of the Authority, on file
with the.Clerk of the Council and, when available, on the duplicate original of the Authority, and
the existence of the Authority shall cease. The City shall give notice thereof pursuant to
Washington State law and to other persons requested by the Authority in its dissolution
statement.
C. Upon dissolution of the Authority or the winding up of its affairs, title to all
remaining assets or property of the Authority shall vest in SCORE as provided in the Charter
D. Notwithstanding the foregoing, the Authority shall not be dissolved until all
Bonds issued by the Authority are no longer outstanding.
SECTION XIII. Public Corporation. The Authority is a public corporation created
pursuant to RCW 35.21.730 through 35.21.755 as a separate legal entity from the City.
SECTION XIV. Ancillary Authority. The administrative staff of the City are
granted all such power and authority as reasonably necessary or convenient to enable each of
them to administer this ordinance efficiently and to perform the duties imposed in this ordinance
or the Charter.
SECTION XV. Liberal Construction. This ordinance shall be liberally construed
so as to effectuate its purposes and the purposes of RCW 35.21.730 through 35.21.755.
SECTION XVI. Effective Date. This ordinance shall take effect and be in full force
from and after passage and publication as provided by law.
13
ORDINANCE NO.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009,
Approved to as to form:
Jay Reich, Special Counsel
Date of Publication:
ORD:1530:1/13/09:scr
14
Denis Law, Mayor
EXHIBIT C
Form of Charter of the
South Correctional Entity Facility Public Development Authority
(attached)
ru A D'rVD
t.l l Al\ 1 1J..
lm
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
TABLE OF CONTENTS
Page
ARTICLE I NAME AND AUTHORITY SEAL................................................................
ARTICLE II AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY
............ 1
Section1. Authority.......................................................................................
1
Section 2. Limitation on Liability..................................................................
1
Section 3. Mandatory Disclaimer...................................................................
2
ARTICLE III
DURATION OF AUTHORITY.......................................................................
3
ARTICLE IV
PURPOSE OF AUTHORITY..........................................................................
3
ARTICLE V
POWERS OF AUTHORITY...........................................................................
3
ARTICLE VI
LIMITS ON AUTHORITY POWERS.............................................................4
ARTICLE VII
ORGANIZATION OF AUTHORITY..............................................................
5
Section 1. Board of Directors and Tenure ......................................................
5
Section 2. Board Concurrence and Quorum Defined .....................................
5
Section 3. Right to Indemnification...............................................................
6
Section 4. Conflict of Interest and Code of Ethics .........................................
6
ARTICLE. VIII
OFFICERS OF AUTHORITY.........................................................................
6
Section 1. Officers and Division of Duties ....................................................
6
Section 2. Committees...................................................................................
7
ARTICLE IX
COMMENCEMENT OF AUTHORITY.........................................................
7
ARTICLEX
BYLAWS.........................................................................................................
7
ARTICLE XI
MEETINGS OF THE AUTHORITY...............................................................
7
Section 1. Time and Place of Meetings..........................................................
7
Section 2. Notice of Meetings........................................................................
7
Section 3. Notice of Special Board Meetings ................................................
8
Section 4. Waiver of Notice...........................................................................
8
Section 5. Notice to City Council..................................................................
8
Section 6. Open Public Meetings...................................................................
8
Section 7. Telephonic Participation...............................................................
9
Section 8. Parliamentary Authority................................................................
9
Section9. Minutes.........................................................................................
9
ARTICLEXII
CONSTITUENCY...........................................................................................
9
ARTICLE XIII
AMENDMENTS TO CHARTER AND BYLAWS ........................................
9
Section 1. Proposals to Amend Charter and Bylaws ......................................
9
Section 2. Proposals Initiated by the Board ...................................................
9
Section 3. Board Consideration of Proposed Amendments ..............
I.......... 10
Section 4. Vote Required for Amendments to Charter or Bylaws ...............
10
Charter - i PA20358_DG120358_01Y 01/20/09
Section 5. City Council Approval of Proposed Charter Amendments ........ 10
ARTICLE XIV MISCELLANEOUS.......................................................................................10
Section 1. Geographic Limitation................................................................ 10
Section 2. Safeguarding of Funds................................................................ I I
Section 3. Public Records............................................................................ 11
Section 4. Reports and Information; Audits ................................................. 11
Section 5. Dissolution.................................................................................. 11
Section 6. Nondiscrimination....................................................................... 12
Section 7. Nonexclusive Charter.................................................................. 12
ARTICLE XV APPROVAL OF CHARTER......................................................................... 12
Charter -I i P:\20358_DG\20358_01Y 01/20/09
CHARTER
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
ARTICLE I
NAME AND AUTHORITY SEAL
The name of this corporation shall be the "South Correctional Entity Facility Public
Development Authority" (hereinafter referred to as the "Authority"). The corporate seal of the
Authority shall be a circle with the name of the Authority and the word "SEAL" inscribed
therein.
ARTICLE II
AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC
DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY
Section 1. Authority.
The Authority is a public corporation organized pursuant to Revised Code of Washington
("RCW") 35.21.730 through 35.21.755, as the same now exist or may hereafter be amended, or
any successor act or acts (the "Act") and Ordinance No. of the City of Renton,
Washington, passed on , 20_ (the "Ordinance"). Formation of the Authority
was approved by Ordinance No. of the City of Auburn, passed on , 20_,
Ordinance No. of the City of Des Moines, passed on , 20_, Ordinance
No. of the City of Federal Way, passed on , 20_, Ordinance No. of the
City of Tukwila, passed on , 20_, Ordinance No. of the City of Burien, passed
on , 20_, and Ordinance No. of the City of SeaTac, passed on ,
20
Section 2. Limitation on Liability.
All liabilities incurred by the Authority shall be satisfied (a) in the case of obligations or
liabilities of the Authority which are not limited recourse in nature, exclusively from the assets,
credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the
Authority which, by their terms, are limited recourse obligations, from such assets, properties or
revenues of the Authority as shall be specifically pledged thereto or otherwise identified as being
the source of payment of such limited recourse obligations or liabilities, and no creditor or other
person shall have any right of action against or recourse to the Cities of Renton, Auburn, Des
Moines, Federal Way, Tukwila, Burien and SeaTac, Washington (collectively, the "Member
Cities"), its assets, credit, or services, on account of any debts, obligations, liabilities or acts or
omissions of the Authority.
Charter - 1
Section 3. Mandatory Disclaimer.
The following disclaimer shall be posted in a prominent place where the public may
readily see it in the Authority's principal and other offices. It shall also be printed or stamped on
all contracts, bonds, and other documents that may entail any debt or liability by the Authority.
The South Correctional Entity Facility Public Development
Authority is organized pursuant to Ordinance No. of the City
of Renton, Washington adopted on 20_, and
approved by Ordinance No. of the City of Auburn,
Washington adopted on , 20_, Ordinance No. of
the City of Des Moines, Washington adopted on ,
20, Ordinance No. of the City of Federal Way, Washington
adopted on , 20_, Ordinance No. _ of the City of
Tukwila, Washington adopted on , 20_, Ordinance
No. of the City of Burien, Washington adopted on ,
20_, and Ordinance No. _ of the City of SeaTac, Washington
adopted on , 20_, each as existing or as hereinafter
amended, and RCW 35.21.730 through 35.21.755.
RCW 35.21.750 provides as follows: "[A]11 liabilities incurred by
such public corporation, commission, or authority shall be satisfied
exclusively from the assets and properties of such public
corporation, commission, or authority and no creditor or other
person shall have any right of action against the city, town, or
county creating such corporation, commission, or authority on
account of any debts, obligations or liabilities of such public
corporation, commission, or authority."
In no event shall the obligations of the Authority be payable by
recourse against any properties, assets or revenues of the Cities of
Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien or
SeaTac, Washington or any other political subdivision of the State
of Washington. No person to whom such obligations are owed
shall have any recourse or right of action against the Cities of
Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien, or
SeaTac, Washington, the State of Washington or any other political
subdivision thereof on account of such obligations, except to
enforce the payments obligated to be made by ordinance by each of
the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila,
Burien or SeaTac, Washington.
Any of the Member Cities may, by ordinance or contract or pursuant to interlocal agreement,
agree to pay (on a contingent basis or otherwise), all or any portion of the obligations of the
Authority; however, (1) no Member City shall be obligated beyond the proportion or sum
specified by ordinance or contract, and (2) no Member City shall be obligated, directly or
indirectly for the obligations of any other Member City.
Charter - 2 P:\20358_DG\20358_01Y 01/20/09
ARTICLE III
DURATION OF AUTHORITY
The duration of this corporation shall be perpetual.
ARTICLE IV
PURPOSE OF AUTHORITY
Pursuant to chapter 39.34 RCW, the Member Cities have entered into the SCORE
Interlocal Agreement (the "Interlocal Agreement") for the formation of a governmental
administrative agency known as the South Correctional Entity ("SCORE"). SCORE is
responsible for the establishment and maintenance of a consolidated correctional facility (the
"SCORE Facility") to serve the Member Cities and federal and state agencies and other local
governments that may contract with SCORE to provide correctional services essential to the
preservation of the public health, safety and welfare. The purpose of the Authority is to provide
an independent legal entity under RCW 35.21.730-.755 and the Ordinance to issue debt to
finance and refinance the acquisition, construction, equipping and improvement of the SCORE
Facility. Such debt may be issued in one or more series, may be in the form of bonds, notes or
other evidences of indebtedness to provide interim and permanent financing for the SCORE
Facility and thereafter, to finance or refinance equipment, completion, expansion and other
capital improvements essential to maintain the SCORE Facility's functionality as deemed
necessary by the Board. Such bonds, notes, and other evidences of indebtedness are collectively
referred to herein as the "Bonds." Bonds may be issued from time to time by the Authority upon
a supermajority vote of the Board.
For the purpose of securing the exemption from Federal income taxation for interest on
obligations of the Authority, the Authority constitutes an authority and instrumentality of the City
of Renton, Washington (within the meaning of those terms in regulations of the United States
Treasury and rulings of the Internal Revenue Service prescribed pursuant to Section 103 and
Section 115 of the Internal Revenue Code of 1986, as amended).
ARTICLE V
POWERS OF AUTHORITY
The Authority shall have and may exercise all lawful powers conferred by State laws, the
Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions
shall be subject to the powers, procedures, and limitations contained in the Ordinance.
Charter - 3 P\20358_DGQ0358_01Y 01/20/09
ARTICLE VI
LIMITS ON AUTHORITY POWERS
The Authority in all activities and transactions shall be limited in the following respects:
1. The Authority shall have no power. of eminent domain or any power to levy taxes
or special assessments.
2. Except as otherwise agreed to by a Member City, the Authority may not incur or
create any liability that permits recourse by any contracting party or member of the public to any
assets, services, resources, or credit of a Member City.
3. No funds, assets, or property of the Authority shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office; nor shall
any funds or a substantial part of the activities of the Authority be used for publicity or
educational purposes designed to support or defeat legislation pending before the Congress of the
United States, or the Legislature of the State of Washington or the Council of a Member City;
provided, however, that funds may be used for representatives of the Authority to communicate
with members of Congress, State legislators or members of the Councils of the Member Cities
concerning funding and other matters directly affecting the Authority, so long as such activities
do not constitute a substantial part of the Authority's activities.
4. All funds, assets, or credit of the Authority shall be applied toward or expended
upon services, projects, and activities authorized by this Charter. No part of the net earnings of
the Authority shall inure to the benefit of, or be distributable as such to, Board Members, officers
or other private persons, except that the Authority is authorized and empowered to:
(A) Reimburse Board Members, employees and others performing services for
the Authority reasonable expenses actually incurred in performing their duties, and
compensate employees and others performing services for the Authority a reasonable
amount for services rendered;
(B) Assist Authority Board Members or employees as members of a general
class of persons to be assisted by a corporate -approved project or activity to the same
extent as other members of the class as long as no special privileges or treatment accrues
to such Board Member or employee by reason of his or her status or position in the
Authority;
(C) Defend and indemnify any current or former Board Member or employee
and their successors against all costs, expenses, judgments, and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or
resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or
may be made a party by reason of being or having been a Board Member or employee or
by reason of any action alleged to have been taken or omitted by him or her in such
Charter - 4 P:\20358_DG\20358_OIY 01/20/09
position, provided that he or she was acting in good faith on behalf of the Authority and
within the scope of duties imposed or authorized by law. This power of indemnification
shall not be exclusive of other rights to which Board Members or employees may be
entitled as a matter of law;
(D) Purchase insurance to protect and hold personally harmless any current or
former Board Member or employee and their successors from any action, claim, or
proceeding instituted against the foregoing individuals arising out of the performance, in
good faith, of duties for, or employment with, the Authority and to hold these individuals
harmless from any expenses connected with the defense, settlement, or monetary
judgments from such actions, claims, or proceedings. The purchase of such insurance
and its policy limits shall be discretionary with the Board Members, and such insurance
shall not be considered to be compensation to the insured individuals. The powers
conferred by this subsection shall not be exclusive of any other powers conferred by law
to purchase liability insurance; and
(E) Sell assets for a consideration greater than their reasonable market value or
acquisition costs, charge more for services than the expense of providing them, or
otherwise secure an increment in a transaction, or carry out any other transaction or
activity, as long as such gain is not the object or purpose of the Authority's transactions
or activities and is applied to or expended upon services, projects, and activities as
aforesaid.
5. The Authority shall not issue shares of stock, pay dividends, make private
distribution of assets, make loans to its Board Members or employees or otherwise engage in
business for private gain.
ARTICLE VII
ORGANIZATION OF AUTHORITY
Section 1. Board of Directors and Tenure
The management of all Authority affairs shall reside in a Board of Directors. The
SCORE Administrative Board created pursuant to Section 5 of the Interlocal Agreement,
including all amendments, shall act ex officio as the Board of the Authority. Board Members
shall have terms coextensive with their terms as members of the SCORE Administrative Board.
Section 2. Board Concurrence and Quorum Defined. "Board concurrence" may
be obtained at any regular or special Board meeting by an affirmative vote of a majority of the
Board Members voting on the issue, provided that such majority equals not less than four (4)
votes. A "supermajority vote of the Board" may be obtained at any regular or special Board
meeting by an affirmative vote of a majority plus one of the Board members, two 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 of the preceding year. Five (5) voting Board Members must be
Charter - 5 P:120358_DG\20358_01Y 01/20/09
present at any regular or special meeting of the Board to comprise a quorum, and for the Board to
transact any business. Proxy voting shall not be allowed. The Bylaws of the Authority may
prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in this
Section. Board Members present at a duly convened meeting may continue to transact business
notwithstanding the departure of enough members to leave less than a quorum.
Section 3. Right to Indemnification.
To the extent permitted by law, the Authority may protect, defend, hold harmless and
indemnify any person who becomes a director, officer, employee or agent of the Authority, and
who is a party or threatened to be made a party to a proceeding by reason related to that person's
conduct as a director, officer, employee or agent of the Authority, against judgments, fines,
penalties, settlements and reasonable expenses (including attorneys' fees) incurred by'him or her
in connection with such proceeding, if such person acted in good faith and reasonably believed
his or her conduct to be in the Authority's best interests and if, in the case of any criminal
proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The
indemnification and protection provided herein shall not be deemed exclusive of any other rights
to which a person may be entitled as a matter of law or by contract or by vote of the Board of
Directors. The Authority may purchase and maintain appropriate insurance for any person to the
extent provided by the applicable law.
Section 4. Conflict of Interest and Code of Ethics.
The Authority shall, in the Bylaws, adopt a code of ethics policy for Board Members. All
Board Members will be required to disclose any information concerning actions or activities of
the candidate or his/her immediate family that present a potential conflict of interest as a Board
Member,
ARTICLE VIII
OFFICERS OF AUTHORITY
Section 1. Officers and Division of Duties.
The Authority shall have at least one officer, the President, selected as provided in the
Bylaws. Subject to the control of the Board, the President shall have general supervision,
direction and control of the business and affairs of the Authority. The President shall be the
agent of the Authority for service of process. On matters decided by the Authority, unless
otherwise required under the Ordinance or by this Charter, the signature of the President alone is
sufficient to bind the corporation.
The Bylaws may designate additional corporate officials as agents to receive or initiate
process. The Board also may provide for additional officers, e.g., Vice President, Secretary,
and/or Treasurer. The President and the Treasurer may not be the same person. The day to day
Charter - 6 P:\20358 DGQ0358 0[Y 01/20/09
affairs of the Authority, including debt administration, shall be managed by the Facilities
Director of the SCORE Facility, in the manner provided in the Interlocal Agreement.
Section 2. Committees.
The Bylaws may provide for an Executive Committee, which shall be appointed and/or
removed by the Board, and shall have and exercise such authority of the Board in the
management between meetings of the Board, as may be specified in the Bylaws. The
appointment of other committees shall be provided for in the Bylaws.
ARTICLE IX
COMMENCEMENT OF AUTHORITY
The Authority shall commence its existence effective upon the issuance of its Charter as
sealed and attested by the City Cleric of the City of Renton as provided in the Ordinance.
ARTICLE X
BYLAWS
The initial Bylaws may be amended by the Board to provide additional or different rules
governing the Authority and its activities as are not inconsistent with this Charter. The Board
may provide in the Bylaws for all matters related to the governance of the Authority, including
but not limited to matters referred to elsewhere in the Charter for inclusion therein.
ARTICLE XI
MEETINGS OF THE AUTHORITY
Section 1. Time and Place of Meetings.
Regular meetings of the Board shall be held at least two times per year at a regular time
and place to be determined by the Board by resolution. At the last regular meeting of the
calendar year, the Board shall adopt a resolution specifying the date, time and place of regular
meetings for the upcoming calendar year. A copy of the resolution shall be distributed in the
same manner as notice of special meetings is provided pursuant to Section 3 below. Special
meetings of the Board may be held at any place at any time whenever called by the President or a
majority of the Board Members.
Section 2. Notice of Meetings.
No notice of regular meetings shall be required, except for the first regular meeting after
any change in the time or place of such meeting adopted by resolution of the Board as provided
above. Notice of such changed regular meeting shall be given by the President or by the person
Cl1arter - 7 PA20358_DG120358_01Y 01/20/09
or persons calling the meeting by email or by personal communication over the telephone to each
Board Member least 24 hours prior to the time of the meeting or by at least three (3) days' notice
by mail, telegram, electronic or written communication. If mailed, notice shall be mailed by
United States mail, postage prepaid, to the last known address of each Board Member.
Section 3. Notice of Special Board Meetings.
Notice of all special meetings of the Board of Directors shall be given by the President or
by the person or persons calling the special meeting in accordance with RCW 42.30.080 by
delivering personally, by electronic means or by mail written notice at least 24 hours prior to the
time of the meeting to each Board Member, to each local newspaper of general circulation and to
each radio or television station that has requested notice and to any other individual specifically
requesting it in writing. The call and notice of all special meetings shall specify the time and
place of all special meetings and the business to be transacted. Final disposition shall not be
taken by the Board on any other matters at such special meetings. At any regular meeting of the
Board, any business may be transacted and the Board may exercise all of its powers.
Section 4. Waiver of Notice.
Notice as provided in Sections 2 and 3 hereof may be dispensed with as to any member of
the Board who at or prior to the time the meeting convenes files with the Board of the Authority
a written waiver of notice or who is actually present at the meeting at the time it convenes. Such
notice may also be dispensed with as to special meetings called to deal with an emergency
involving injury or damage to persons or property or the likelihood of such injury or damage,
where time requirements of such notice would make notice impractical and increase the
likelihood of such injury or damage. Notice, as provided in Article XIII of this Charter
concerning proposed amendments to this Charter or Bylaws and votes on such amendments, may
not be waived.
Section 5. Notice to City Council.
Notice of all meetings and minutes of all meetings of the Board shall be given to the City
Council of the Member Cities by giving notice to the City Clerk of each of the foregoing Member
Cities.
Section 6. Open Public Meetings.
All Board meetings, including executive, all other permanent and ad hoc committee
meetings, shall be open to the public to the extent required by chapter 42.30 RCW. The Board
and committees may hold executive sessions to consider matters enumerated in chapter 42.30
RCW or privileged matters recognized by law, and shall enter the cause therefor in its official
journal. Notice of meetings shall be given in a manner consistent with the Ordinance and
chapter 42.30 RCW. In addition, the Authority shall provide reasonable notice of meetings to
any individual specifically requesting it in writing. At such meetings, any person shall have a
reasonable opportunity to address the Board either orally or by written petition.
Charter - 8 P k20358 DG\20358 OIY 01/20/09
Section 7. Telephonic Participation
Board Members may participate in a regular or special meeting through the use of any
means of communication by which all Board Members and members of the public participating
in such meeting can hear each other during the meeting. Any Board Member 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.
Section 8. Parliamentary Authority.
The rules in Robert's Rules of Order (newly revised) shall govern the Authority in all
cases to which they are applicable, where they are not inconsistent with this Charter or with the
special rules of order of the Authority set forth in the Bylaws.
Section 9. Minutes.
Copies of the minutes of all regular or special meetings of the Board shall be available to
any person or organization that requests them. The minutes of all Board meetings shall include a
record of individual votes on all matters requiring Board approval.
ARTICLE XII
CONSTITUENCY
There shall be no constituency of the Authority.
ARTICLE XIII
AMENDMENTS TO CHARTER AND BYLAWS
Section 1. Proposals to Amend Charter and Bylaws.
Proposals to amend this Charter may be initiated by the Renton City Council or by the
Board Members. Proposals to amend the Bylaws may be initiated by the Board Members.
Proposals to amend the Charter initiated by the Renton City Council shall be presented to the
Board in a format as provided in Section 2(1), in accordance with the terms of the Ordinance.
Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner
described in the following Sections 2 and 3.
Section 2. Proposals Initiated by the Board.
1. Proposals to amend the Charter or Bylaws shall be presented in a format which
strikes over material to be deleted and underlines new material.
Cllarter - 9 P:\20358_OG\.20358_01Y 01/20/09
2. Any Board Member may introduce a proposed amendment to the Charter or to the
Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of
which 30 days advance written notice has been given to members of the Board. Any notice
required by this Article may be given by telegram, electronic or written communication. If
mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address
of each Board Member.
Section 3. Board Consideration of Proposed Amendments.
If written notice of a proposed amendment to the Charter or to the Bylaws, and
information, including the text of the proposed amendment and a statement of its purpose and
effect, is provided to Board Members at least 30 days prior to any regular Board meeting or any
special meeting of which advance notice has been given, then the Board may vote on the
proposed amendment at the same meeting as the one at which the amendment is introduced.
Germane amendments to the proposed amendment within the scope of the original amendment
will be permitted at the meeting at which the vote is taken.
Section 4. Vote Required for Amendments to Charter or Bylaws.
Resolutions of the Board approving proposed amendments to the Charter or Bylaws
require an affirmative vote of a majority of the Board members voting on the issue, provided that
such majority equals not less than four (4) votes. Amendments to this Charter shall be effective
as provided in Section 5 of this Article. Amendments to the Bylaws shall be effective upon
adoption by the Board.
Section 5. City Council Approval of Proposed Charter Amendments.
Proposed Charter amendments initiated and approved by the Board shall be submitted to
each of the Councils of the Member Cities; provided, however, that no amendment to the Charter
shall be effective until approved by the Renton City Council and the Councils of four (4) of the
other Member Cities; provided further, however, that no amendment to the Charter that revises
the definition of "supermajority vote of the Board" as provided in Article VI, Section 2 shall be
effective until approved by the Councils of all of the Member Cities.
ARTICLE XIV
MISCELLANEOUS
Section 1. Geographic Limitation.
The Authority may conduct activities outside of the boundaries of the City of Renton,
Washington, including but not limited to acquiring, equipping, constructing, improving and
maintaining the SCORE Facility located in the City of Des Moines, Washington, upon
Charter - 10 PA20358_DG120358_01Y 01/20/09
determination by the Renton City Council that each such activity will further the purposes of the
Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740.
Section 2. Safeguarding of Funds.
Authority funds shall be deposited in a qualified public depository as determined by the
Washington Public Deposit Protection Commission.
Section 3. Public Records.
The Authority shall maintain all of its records in a manner consistent with the
Preservation and Destruction of Public Records Act, chapter 40.14 RCW. The public shall have
access to records and information of the Authority to the extent as may be required by applicable
laws.
Section 4. Reports and Information; Audits.
Within three (3) months after the end of the Authority's fiscal year, the Authority shall
file an annual report with the Finance Director and Council of each Member City containing an
audited statement of assets and liabilities, income and expenditures and changes in the
Authority's financial position during the previous year; a summary of significant
accomplishments; a list of depositories used; a projected operating budget for the current fiscal
year; a summary of projects and activities to be undertaken during the current year; a list of a list
of officers of the Board; and a list of individuals, if any, that are bonded pursuant.
The Authority shall, at any time during normal business hours and as often as each City
Finance Director or the State Auditor deem necessary, make available to each City Finance
Director and the State Auditor- for examination all of the Authority's financial records, and shall
permit the City Finance Director and the State Auditor to audit, examine and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all the aforesaid
matters.
Section 5. Dissolution.
Dissolution of the Authority shall be in the form and manner required by this Charter,
Washington State law, the Ordinance, and the Bylaws. Dissolution proceedings may be initiated
by the Council of any of the Member Cities or, if the Board makes an affirmative finding that
dissolution is necessary or appropriate, the Board may adopt a resolution requesting Councils of
the Member Cities to adopt an ordinance dissolving the Authority. In either case, if five (5) of
the Councils of the Member Cities, each by ordinance, make an affirmative finding that
dissolution is warranted for any reason, then the existence of the Authority shall be terminated by
ordinance of the Renton City Council.
Charter - 1 1 P:\20358_DG\20358_01Y 01/20/09
Upon dissolution of the Authority and the winding up of its affairs, the Board shall file a
dissolution statement as provided in the Ordinance. Title to all remaining property or assets of
the Authority shall vest in SCORE or if there is no SCORE in existence at the time, then all
property and assets shall be distributed to the Member Cities in an allocable amount calculated as
provided in the Interlocal Agreement.
Notwithstanding the foregoing, the Authority shall not be dissolved until all Bonds issued
by the Authority are no longer outstanding.
Section 6. Nondiscrimination.
Membership to the Board shall not be directly or indirectly based upon or limited by age,
race, color, religion, sex, national origin, sexual orientation, -or the presence of any mental,
physical or sensory impairment. Furthermore, the Authority shall not discriminate in any matter
related to employment because of age, race, color, religion, sex, national original, sexual
orientation, or the presence of any mental, physical or sensory impairment. The Authority shall,
in all solicitation or advertisements for employees placed by or on behalf of the Authority, if any,
state that all qualified applicants will receive consideration for employment without regard to
age, race, color, religion, sex, national origin, sexual orientation, or the presence of any mental,
physical or sensory impairment.
Section 7. Nonexclusive Charter.
This Charter is nonexclusive and does not preclude the granting by Member Cities of
other charters to establish additional public corporations pursuant to City ordinance.
ARTICLE XV
APPROVAL OF CHARTER
ORIGINAL CHARTER APPROVED by Ordinance adopted by the City Council
of the City of Renton, Washington on , 20_; Ordinance adopted by the City
Council of the City of Federal Way, Washington on , 20_; Ordinance
adopted by the City Council of the City of Auburn, Washington on , 20_;
Ordinance adopted by the City Council of the City of Des Moines, Washington on
, 20_; Ordinance adopted by the City Council of the City of Tukwila,
Washington on , 20_; Ordinance adopted by the City Council of the City of
Burien, Washington on , 20; and Ordinance adopted by the City Council
of the City of SeaTac, Washington on , 20_.
Chi -ter - 12 P:\20358-DG\20358-QIY 01/20/09
This Charter is APPROVED this day of , 20_
Mayor, City of Renton
[SEAL]
ATTEST:
City Clerk
Charter - 13 P:\20358_DG120358_OIY 01/20/09
EXHIBIT D
Form of Bylaws of the
South Correctional Entity Facility Public Development Authority
(attached)
BYLAWS
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
ARTICLE I
MEMBERSHIP
Section 1.1 Board Tenure. For the purpose of determining members of the South
Correctional Entity Facility Public Development Authority (the "Authority") Board of Directors
(the "Board") the procedures set forth in the Authority Charter (the "Charter") and the SCORE
Interlocal Agreement (the "Interlocal Agreement") by and among the Cities of Renton, Auburn,
Federal Way, Des Moines, Tukwila, Burien, and SeaTac, Washington (the "Member Cities"),
shall govern.
ARTICLE II
OFFICERS AND COMMITTEES
Section 2.1 Officers Designated. The Presiding Officer of the Administrative Board
selected in the manner provided in Section 5(e) of the Interlocal Agreement shall be the President
of the Board. Such other officers and assistant officers as may be deemed necessary may be
elected or appointed by the Board. No person may simultaneously hold more than one office. In
addition to the powers and duties specified below, the officers shall have such powers and
perform such duties as the Board may prescribe.
Section 2.2 Qualification and Term of Office. The additional officers shall be
members of the Board or any other person designated by the Board who is at the time an official
or employee of at least one of the Member Cities or the SCORE Facility. The additional officers
shall be elected or appointed by the Board and shall hold office for terms established as a part of
the original appointment or for terms established in accordance with the Interlocal Agreement.
Section 2.3 Removal From Office. Upon reasonable prior notice to all Board
Members of the alleged reasons for dismissal, the Board by an affirmative vote of the majority of
the Board Members may remove any officer of the Board from his or her office whenever in its
judgment the best interests of the Authority will be served thereby.
Section 2.4 Vacancies. The Board shall fill any office which becomes vacant with a
successor who shall hold office for the unexpired term and until his or her successor shall have
been duly appointed and qualified.
Section 2.5 Reimbursement. The Board may reimburse Board Members, employees
and others performing services for the Authority reasonable expenses actually incurred in
performing their duties.
Section 2.6 Establishment of Committees. The Board may, by resolution, designate
one or more other committees, including an Executive Committee, each consisting of one or
more members, to advise the Board or, on matters other than those described in the Charter to act
for and on behalf of the Board. The designation of any such committee and the delegation
thereto of authority shall not operate to relieve any Board Member of any responsibility imposed
by law. The Executive Committee, if any, shall have and exercise such powers of the Board as
the Board shall from time to time provide by resolution.
Section 2.7 Code of Ethics.
(a) Except as otherwise provided in this section, no Board Member or employee of
the Authority may:
(1) Participate in a decision of the Authority in which that person or a member
of that person's immediate family has a financial interest, unless the financial interest is a
remote financial interest and participation is approved under subsection (b) of this
section;
(2) Use his or her position to secure special privileges or exemptions for
himself, herself, immediate family members, or others;
(3) Directly or indirectly, give or receive or agree to receive any
compensation, gift, reward, or gratuity from a source except the Authority for a matter
connected with or related to such individual's services in his or her position unless
otherwise provided for by law;
(4) Accept employment or engage in business or professional activity that
such individual might reasonably expect would require or induce him or her by reason of
his or her position with the Authority to disclose confidential information acquired by
reason of his or her position; or
(5) Disclose confidential information gained by reason of such individual's
position with the Authority, or otherwise use such information for his or her personal gain
or benefit.
(b) A Board Member or employee of the Authority may participate in a decision
described in (a)(1) above if that person or a member of that person's immediate family has only a
remote financial interest, the fact and extent of such financial interest is disclosed to the Board in
a public meeting, and is noted in the minutes of the Board before any participation by the Board
Member in the decision, and thereafter in a public meeting the Board by vote authorizes or
approves the participation. If the person whose participation is under consideration is a Board
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Member, that person must recuse him or herself and may not participate in a decision under this
subsection. Any Board Member with an ownership interest in property located within the
Authority area shall recuse him or herself from participating in a decision if such property is
directly benefiting from such action. For purposes of this subsection, "remote financial interest"
means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party where the
compensation of the employee or agent consists entirely of fixed wages or salary and the
contract is awarded by bid or by other competitive process;
(3) That of a landlord or tenant of a contracting party, except in cases where
the property subject to the lease or sublease is owned or managed by the public
corporation;
(4) That of a holder of less than one percent of the shares of the corporation or
cooperative that is the contracting party; or
(5) That of an owner of a savings and loan or bank savings or share account or
credit union deposit account if the interest represented by the account is less than two
percent of the total deposits held by the institution.
(c) A Board Member or employee of the Authority is not considered to be financially
interested in a decision when the decision could not affect that person in a manner different from
its effect on the public at large.
(d) All Board Members shall disclose any information concerning actions or activities
of the candidate or his/her immediate family that present a potential conflict of interest as a
Board Member.
(e) For purposes of this section, "participate in a decision" includes all discussions,
deliberations, preliminary negotiations, and votes.
(f) For purposes of this section, "immediate family" means:
(1) A spouse or domestic partner;
(2) Any dependent parent, parent -in-law, child, son-in-law, or daughter-in-
law; and
(3) Any parent, parent -in-law, child, son-in-law, daughter-in-law, sibling,
uncle, aunt, cousin, niece or nephew residing in the household of the
Board Member or employee.
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(g) The Board may adopt additional conflict of interest and ethical rules it considers
appropriate.
ARTICLE III
ADMINISTRATIVE PROVISIONS
Section 3.1 Books and Records. SCORE, on behalf of the Authority, shall keep
current and complete books and records of account and shall keep minutes of the proceedings of
its Board and its committees having any of the authority of the Board. The proceeds of any
borrowing by the Authority shall be held, invested and disbursed by SCORE, subject to the terms
and limitations established pursuant to the Interlocal Agreement. SCORE shall provide a regular
accounting of the financial affairs of the Authority to the Board at each regular Board meeting.
The obligations of the Authority shall be administered by SCORE, and SCORE is hereby
designated and delegated with full authority to administer such obligations, all in a manner
consistent with the Interlocal Agreement.
Section 3.2 Indemnification. The Authority elects to defend and indemnify its present
and former Board Members and employees and their successors, spouses, and marital
communities to the full extent authorized by law and the Charter. This right of indemnification
shall inure in perpetuity to each Board Member and employee, and his or her spouse and marital
community, commencing as soon as he or she has the full powers and responsibilities of his or
her position, and in the event of his or her death shall extend to his or her heirs, legal
representatives, and estate. Each person who shall act as a Board Member or employee of the
Authority shall be deemed to do so in reliance upon such indemnification, and such rights shall
not be exclusive of any other right which he or she may have.
Section 3.3 Principal Office. The principal office of the Authority shall be 1055 South
Grady Way, Renton, Washington 98057.
Section 3.4 Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and
end December 31 of each year, except the first fiscal year which shall run from the date the
Charter was issued to December 31, 2009.
ARTICLE IV
APPROVAL OF BYLAWS
APPROVED by Ordinance adopted by the City Council of the City of Renton,
Washington on
, 20_; Ordinance
adopted by the City Council of the City of
Federal Way on
, 20_; Ordinance
adopted by the City Council of the City
of Auburn on
20_; Ordinance
adopted by the City Council of the City of
Des Moines on
, 1 20_; Ordinance
adopted by the City Council of the City of
Tukwila on
, 20_; Ordinance
adopted by the City Council of the City of
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Burien on , 20_; and Ordinance adopted by the City Council of the
City of SeaTac on , 20_.
-5- PA20358_DG\20358_01Z O1/20109
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Chief Milosevich
Dept/Div/Board.. Police
Staff Contact...... Commander McClincy Ext 7512
Subject:
Request to start Wayne Blackard, Lateral Police Officer
at "D" Step Police Officer wage — Range pc60
Exhibits:
Issue Paper
Recommended Action:
Council Concur
AI #: 9,14
For Agenda of. January 26, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution ............
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required... $4,347 Transfer/Amendment.......
Amount Budgeted....... $4,347 Revenue Generated.........
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
Approve and authorize wages at City of Renton salary range pc60 "D" step for:
Lateral Police Officer Wayne Blackard, effective January 16, 2009.
STAFF RECOMMENDATION:
Start Lateral Police Officer Wayne Blackard at Step "D" of the City of Renton salary range pc60.
X
Rentonnet/agnbill/ bh
ti`S Y O� POLICE DEPARTMENT
U„
•
M E M O R A N.D U M
0 /o
DATE: January 15, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: C� Denis Law, Mayor
FROM: Kevin Milosevich, Chief of Police
STAFF CONTACT: Katie McClincy, Police Commander
SUBJECT: Request to Start Lateral Police Officer Wayne Blackard at
"D" Step Police Officer Wage
ISSUE:
Should the City Council authorize the starting compensation for Lateral Police Officer Wayne
Blackard at Step "D" of the Police Officer salary range?
RECOMMENDATION:
Approve and authorize "D" Step Police Officer wage for Lateral Police Officer Wayne Blackard
(effective January 16, 2009).
BACKGROUND:
The City of Renton completed a large annexation in March 2008 requiring the Police Department
to hire an additional 31 full-time employees. The Police Department has attracted many well -
qualified and experienced officers from outside agencies. On occasion, lateral officer candidates
possess tenure and experience which shorten the amount of time needed to train and acclimate
them to the "Renton Way" of doing business. The Chief of Police is authorized to offer new
employees a salary of up to "C" step without Council approval. Entry-level officers with the
Renton Police Department reach "D" step with three years of service.
Lateral Police Officer Wayne Blackard has completed all phases of testing and has been offered
employment with the Renton Police Department. Officer Blackard is an eight -year veteran of
the City of North. Las Vegas Police Department. He worked a variety of assignments while
there, including Patrol Operations, Bicycle Patrol, SWAT (a frill -time assignment at that agency),
Street Gang Unit, and Narcotics Unit. While working in the NLVPD Narcotics Unit, Officer
Blackard was also assigned to the FBI Narcotics Task Force, and deputized as a Federal Special
Agent. Most recently, Officer Blackard has worked six years for the King County Police
Department in Washington State. While with King County, Officer Blackard was assigned to the
Patrol Operations Division, Investigations Division, the Narcotics Unit, and the Pro -Act Team.
As part of his assigmnent in Narcotics, Officer Blackard worked with the Valley Narcotics
Enforcement Team (VNET), of which Renton was a member.
Officer Blackard's prior law enforcement experience merits a higher beginning salary than "C"
step. Officer Blackards's compensation at "D" step will be $5,664. With a difference of $378
per month, beginning January 16, the additional cost to the city will be $4,347 in 2009, which
will not require additional hording.
CITY OF RENTON COUNCIL AGENDA BILL
I
ubmitting Data: Public Works Department
Dept/Div/Board.. Transportation Systems Division
Staff Contact...... Nathan Jones, extension 7217
subject:
King County Metro Transit 2009-2010 FlexPass
Contract
Issue Paper
Resolution #3738
2009-2010 FlexPass Contract
Council Concur
Al #: w r
For Agenda of: January
Consent .............. X
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business....... X
Study Sessions......
Information........ .
Legal Dept.........
Finance Dept......
Other ...............
I-iscalImpact:(003.00000.016.5950.0092.43.000005)
Expenditure Required... $37,950 Transfer/Amendment.......
Amount Budgeted....... $40,000 Revenue Generated.........
Total Project Budget $37,950 City Share Total Project.. $37,950
X
The FlexPass program consolidates all Commute Trip Reduction (CTR) related expenditures by
including Commuter Bonus Plus (CB+) vouchers and Guaranteed Ride Home Program as an
integral part of the FlexPass Program. This contract with King County Metro Transit, Sound
Transit, and Pierce Transit will continue Renton's participation in all elements of the FlexPass
Program for 2009-2010.
FlexPass is a continuing program offered by King County Metro Transit to all CTR-affected
employers. Included in the 2009-2010 FlexPass Program are:
1. Unlimited rides by regular City employees on bus and commuter rail services provided by
King County Metro, Pierce Transit, and Sound Transit.
2. CB + vouchers that are used to promote the CTR Program by providing financial incentives
to walkers, bicyclists, and carpoolers.
3. The Guaranteed Ride Home Program for all participants. This portion provides a free taxi
ride home in the event of an emergency or illness.
Authorize the Mayor and City Clerk to enter into the 2009-2010 FlexPass contract with King
County Metro Transit.
H:\Division.s\TRANSPOR.TAT\PLANNING\Nathan Jones\CTR\city_hall_program\flexpass\2009-2010 flexpass\09-10flexAGENDA BILL.doc
I
` PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE: January 19, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: JC-- Denis Law, Mayor
FROM: Gregg Zimmerma ministrator
STAFF CONTACT: Nathan Jones, Transportation Planning (extension 7217)
SUBJECT: King County Metro Transit 2009-2010 F1exPass Contract
ISSUE:
Should the Council authorize the Mayor and City Clerk to enter into an agreement with
King County (KC) Metro Transit for the purchase of F1exPasses for regular City employees for
2009-2010?
RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into the 2009-2010 F1exPass contract with King
County Metro Transit.
BACKGROUND:
In order to reduce congestion and improve air quality, Washington State passed a Commute
Trip Reduction (CTR) Law in the early 1990s. The CTR Law requires employers with 100 or
more employees arriving to work between the hours of 6:00 and 9:00 a.m. to have
transportation programs for their employees that encourage the use of alternatives to single -
occupancy -vehicles (SOVs). Under the CTR Law, the City of Renton is classified as a
CTR-affected employer.
For more than a decade, the City of Renton has entered into agreements with King County
Metro Transit to purchase F1exPasses for each regular City of Renton employee and these are
provided to employees at no charge to them. This ongoing program is paid for out of the
003 fund.
The prior year's cost for each pass to the City was $106.00. The cost has increased to $115.00
for each pass due to King County Council authorizing a Metro fare increase. It is still a
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
January 19, 2009
significant savings over buying the passes through King County Metro Transit outside of its
F1exPass program. If passes were purchased in lesser quantities, each equivalent pass could
cost as much as $171.00 per month, or $2,052.00 per year per pass. Additionally, these passes
would not include other benefits of the FlexPass, such as guaranteed ride home (free
emergency taxi rides home for employees) or up to $75 per month VanPool subsidies.
cc: Peter Hahn, Deputy PW Administrator — Transportation
Jim Seitz, Transportation Planning & Programming Supervisor
Connie Brundage, Transportation Administrative Secretary
File
h:\division.s\transpor.tat\planning\nathan jones\ctr\city_hall_program\flexpass\2009-2010 flexpass\flex_issuepaper_2009-10.doc
RECEIVED
CITY OF RENTON, WASHINGTON FEB 10 2005
RESOLUTION NO. 3738 TransportaLon Systems Div.
A RESOLUTION OF THE CM OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CTTY CLERK TO ENTER INTO AN
IN'I'ERLOCAL COOPERATIVE AGREEMENT WITH KING COUNTY,
SOUND TRANSrr, AND PIERCE TRANSIT FOR THE SALE OF
FLEXPASSES TO CITY OF RENTON EMPLOYEES BY KING COUNTY.
WHEREAS, the City of Renton, King County, Pierce Transit, and Sound Transit
(Transportation Parties) share the desire to provide a transportation management program that
will reduce single -occupant vehicle travel and improve the mobility of employees to the City's
worksites; and
WHEREAS, the Transportation Parties provide buses, vanpools and the Home Free
Guarantee program; and
WHEREAS, the Transportation Parties, through those programs, are authorized to
promote alternatives to single occupant vehicle commuting in King County; and
WHEREAS, the City wishes to provide incentives to its employees which promote non -
single -occupant vehicle commuting to its worksites; and
WHEREAS, the City and the Transportation Parties desire to utilize FlexPasses which
can be used to access a variety of services and benefits which enable the City's employees to
commute by non -single occupant vehicles; and
WHEREAS, it is necessary to document the terms and conditions under which such
program will be provided by the County to the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO RESOLVE AS FOLLOWS:
RESOLUTIONNO. 1138
SECTION I. The above findings are true and correct in all respects.
SECTION U. The Mayor and City Clerk are hereby authorized to enter into an
interlocal cooperative agreement for the sale of passes between King County, Sound Transit,
Pierce Transit, and the City of Renton for FlexPasses, vanpool fare incentive, and the Home Free
Guarantee program, and all subsequent agreements that do not materially change the terms of the
agreement and are without budget parameters.
PASSED BY THE CITY COUNCIL this 7th day of February , 2005.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 7 th day of February 2005.
Approved as to form:
Lawrence J. Warren, r Attorney
RES.1090.-1/21/05:ma
Kathy Keolker-Wheeler, Mayor
2
AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY,
SOUND TRANSIT, PIERCE COUNTY PUBLIC TRANSPORTATION
BENEFIT AREA CORPORATION AND CITY OF RENTON
This Agreement (hereinafter, "Agreement") is made and entered into by and between King County (hereinafter
individually, "KING COUNTY"), Sound Transit (hereinafter "SOUND TRANSIT"), Pierce County Public
Transportation Benefit Area Corporation (hereinafter PIERCE TRANSIT"), or collectively referred to hereinafter as
"TRANSPORTATION PARTIES", and City of Renton (hereinafter, "COMPANY").
RECITALS
A. COMPANY and TRANSPORTATION PARTIES share the desire to provide a comprehensive transportation
pass program that will reduce single occupant vehicle (SOV) commute trips and improve the mobility of
COMPANY employees.
B. KING COUNTY, SOUND TRANSIT and PIERCE TRANSIT are authorized to provide public transportation
and generally promote alternatives to SOV commuting in King County, Pierce County and Snohomish County.
C. COMPANY has a desire to provide incentives and benefits to its employees, which promote non-SOV
commuting to its worksite.
TRANSPORTATION PARTIES desire to create a single pass media that can be used to access a variety of
services and benefits, which enable COMPANY employees to commute, by non-SOV modes.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants herein contained, the sufficiency of
which is hereby acknowledged, the parties hereto agree to the following.
1. PURPOSE
1.1 Purpose
This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and COMPANY
for sale and distribution of F1exPasses to COMPANY's Eligible Employees at the rate set forth herein.
2. DEFINITIONS
2.1 Eligible Employees
Eligible Employees shall mean only those employees of the COMPANY who meet the following criteria:
All regular City of Renton employees.
2.2 FlexPass Card
A FlexPass Card is a pass of predetermined duration, usually twelve (12) months, that allows each Eligible
Employee, as defined in Paragraph 2.1, to choose from a variety of non-SOV commute options provided by
COMPANY or TRANSPORTATION PARTIES. Each FlexPass Card shall bear the inscriptions "FlexPass", each
TRANSPORTATION PARTIES' logo or an agreed to regional logo, and beginning and expiration dates in a design
and color scheme mutually agreed upon by TRANSPORTATION PARTIES. FlexPass Cards shall also bear a fare
amount on the face of the card, the amount of which shall be agreed upon by TRANSPORTATION PARTIES prior
to the start of this Agreement. FlexPass Cards shall be produced by TRANSPORTATION PARTIES or their
designated contractor. COMPANY shall pay the amount specified in Attachment A for production of FlexPass
Cards. FlexPass Card's are non-refundable by TRANSPORTATION PARTIES, except as set forth in Paragraph
8.2. Eligible Employees may be asked to present a valid COMPANY identification card when using a FlexPass.
2.3 Trip Revenue
In the event of a generally applicable fare increase adopted by KING COUNTY, SOUND TRANSIT or PIERCE
TRANSIT, the amounts shown in Attachment A may be increased at such time as a generally applicable fare
increase is implemented by KING COUNTY, SOUND TRANSIT or PIERCE TRANSIT, and COMPANY shall be
required to pay the amount of such increase to the appropriate TRANSPORTATION PARTY.
3. EMPLOYEE CONTRIBUTIONS AND COMMUTE BENEFITS AND INCENTIVES
3.1 Eligible Employee Contributions
COMPANY may require Eligible Employees to contribute toward the cost of a FlexPass Card, in the amount
specified in Attachment A. COMPANY shall not require Eligible Employees to contribute more than fifty percent
(50%) of the cost of an individual FlexPass Card, as set forth in Attachment A.
FlexPass Agreement Page 1 of 10
City of Renton
March 1, 2009 -February 28, 2010
4. COMPANY RESPONSIBILITIES
4.1 Eligible Recipients Of A FlexPass Card
COMPANY shall ensure that only Eligible Employees, as defined in Paragraph 2.1, receive FlexPass cards.
4.2 Ordering FlexPass Cards
COMPANY shall provide to TRANSPORTATION PARTIES' representative, as listed in Section 16, the number of
FlexPass Cards that COMPANY shall provide to Eligible Employees. The number of FlexPass Cards shall be listed
in Attachment A. COMPANY shall allow TRANSPORTATION PARTIES at least four (4) weeks in advance of
the cards' effective date to fulfill the request for FlexPass Cards. COMPANY understands that failure to provide
the number of FlexPass Cards desired at least four (4) weeks in advance, may incur additional and extraordinary
costs. Such costs may be related to, but are not limited to, overtime staffing, additional manufacturing charges and
express delivery charges. These additional and extraordinary charges shall be borne solely by COMPANY.
4.3 Ordering Additional FlexPass Cards
COMPANY shall retain the right to purchase additional FlexPass Cards for distribution to Eligible Employees, over
and above the number specified in Attachment A, during the term of this Agreement. COMPANY shall allow
TRANSPORTATION PARTIES at least four (4) weeks to fulfill the request for additional FlexPass Cards.
Requests shall be made to the TRANSPORTATION PARTIES' representative, as listed in Section 16. The cost for
a single additional FlexPass Card shall be the Monthly Rate For Additional FlexPass Cards specified in Attachment
A, times the number of months remaining in the Agreement.
4.4 Receipt And Security Of FlexPass Cards
COMPANY agrees that all FlexPass Cards received from TRANSPORTATION PARTIES shall become the sole
financial responsibility of COMPANY upon receipt and signature by an employee, official or agent of COMPANY.
COMPANY agrees that it is solely responsible for providing proper storage and security measures for any and all
FlexPass Cards received by COMPANY while in the custody of COMPANY. COMPANY shall be held liable for
the equivalent value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in
this Agreement for each FlexPass Card that COMPANY cannot account for, either by distribution to an Eligible
Employee, storage in a secure area, for each FlexPass Card not collected from an Eligible Employee who terminates
their employment with COMPANY or otherwise becomes ineligible to receive and use a FlexPass Card under the
terms of this Agreement, or for each FlexPass Card COMPANY cannot return to TRANSPORTATION PARTIES
upon termination of this Agreement, as specified in Section 8.
4.5 Reporting
COMPANY shall immediately report to each of the TRANSPORTATION PARTIES any FlexPass Cards that are
lost, stolen, damaged or otherwise not functioning properly in TRANSPORTATION PARTIES' transit coaches'
electronic registering fareboxes. COMPANY shall return any and all FlexPass Cards to TRANSPORTATION
PARTIES that COMPANY believes to be defective. COMPANY shall report to TRANSPORTATION PARTIES
all FlexPass usage, changes to COMPANY's transportation program or other details as necessary.
4.6 Roster Of FlexPass Card Recipients
COMPANY shall maintain a roster of Eligible Employees who have been provided a FlexPass Card by
COMPANY. Upon demand, COMPANY shall provide each TRANSPORTATION PARTY a copy of the roster.
4.7 FlexPass Employee Use Agreement Form
Each Eligible Employee who receives a FlexPass Card from COMPANY shall be required to read, sign and return
to their employee transportation coordinator or department supervisor, an agreement form stipulating the uses and
conditions of a FlexPass Card. The Employee Use Agreement Form, as set forth in Attachment B , is deemed
mutually acceptable to both COMPANY and TRANSPORTATION PARTIES. Use Agreement Forms shall be kept
on file by COMPANY for the term of this Agreement.
4.8 Collection of FlexPass Cards
COMPANY shall return to TRANSPORTATION PARTIES all FlexPass Cards issued to COMPANY within five
(5) days of the effective date of termination of this Agreement. COMPANY shall be held liable for the equivalent
retail value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in this
Agreement for each FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this
Agreement.
FlexPass Agreement Page 2 of 10
City of Renton
March 1, 2009 -February 28, 2010
4.9 Collection of Transit Ridership Data
COMPANY shall survey, or otherwise collect from COMPANY's Eligible Employees, any and all necessary daily
transit ridership and commute data that TRANSPORTATION PARTIES deem necessary to accurately and fairly
estimate Trip Revenue and the number of bus trips taken by Eligible Employees. TRANSPORTATION PARTIES
shall provide to COMPANY a mutually agreed upon survey instrument or other suitable means in which to collect
the most current and accurate ridership and commute data possible.
4.10 FlexPass Program Evaluation
COMPANY shall participate in any TRANSPORTATION PARTIES' evaluation of the FlexPass program, should
such an evaluation be deemed necessary by any of the TRANSPORTATION PARTIES. Evaluation may be
through such means as employee surveys, employee focus groups, and management interviews.
TRANSPORTATION PARTIES shall provide COMPANY at least thirty (30) days advance notice prior to
beginning such an evaluation.
4.11 Home Free Guarantee
COMPANY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with
the terms attached hereto and made part hereof as Attachment C.
4.12 Vanpool Services
The amount of the vanpool fare subsidy for each Eligible Employee shall be stated in Attachment A. If actual
vanpool fares incurred by an Eligible Employee exceed the amount of the subsidy specified in Attachment A, the
Eligible Employee shall pay the difference directly to the vanpool bookkeeper.
5. TRANSPORTATION PARTIES RESPONSIBILITIES
5.1 Transit Access
TRANSPORTATION PARTIES shall allow each COMPANY Eligible Employee displaying a valid FlexPass Card
to ride on all parts of its regular route transportation system without additional charge, for trips up to the value
printed on the card. TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement
up to the expiration date on the Card or until this agreement is otherwise terminated. TRANSPORTATION
PARTIES reserve the right to request additional payment at the time the transit trip is taken, if the cost of a trip on
any TRANSPORTATION PARTY's regular transit service exceeds the fare value printed on the FlexPass Card.
FlexPass Cards are not valid on any Husky, Mariners, Fourth of July, Tacoma Dome Station event parking, or other
special event service at the sole discretion of TRANSPORTATION PARTIES.
5.2 FlexPass Card Administration
TRANSPORTATION PARTIES' Designated Representative shall manage production, ordering, replacement and
delivery of FlexPass Cards to COMPANY, and other administrative tasks related to the FlexPass Card under this
Agreement, other than those responsibilities stated as COMPANY responsibilities in Section 4.
5.3 Replacement FlexPass Cards
TRANSPORTATION PARTIES shall replace, at no additional cost to COMPANY, any FlexPass Cards deemed to
be defective or otherwise unusable or inoperative. COMPANY may be issued temporary passes until
TRANSPORTATION PARTIES can manufacture and deliver replacement FlexPass Cards. TRANSPORTATION
PARTIES shall replace a lost or stolen FlexPass Card only once at a charge of $50 per replacement card.
5.4 Confiscation of FlexPass Cards
In addition to any other rights under law, TRANSPORTATION PARTIES reserve the right to cancel and confiscate
a FlexPass Card which is used out of date, altered, duplicated, counterfeited, transferred or distributed to
unauthorized persons or otherwise invalid under the terms of this Agreement.
5.5 Collection Of Transit Ridership Data
TRANSPORTATION PARTIES shall provide to COMPANY, at no additional cost to COMPANY, a mutually
agreed upon survey instrument or other suitable means in which to collect and measure the most current and
accurate transit ridership and commute data of COMPANY's Eligible Employees. In addition,
TRANSPORTATION PARTIES shall pay for all costs incurred in processing this survey instrument, but not costs
incurred by COMPANY in distributing to and collecting from Eligible Employees, this survey instrument.
TRANSPORTATION PARTIES shall make available to COMPANY, all data collected from COMPANY's
Eligible Employees.
FlexPass Agreement Page 3 of 10
City of Renton
March 1, 2009 -February 28, 2010
5.6 Home Free Guarantee
KING COUNTY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance
with the terms attached hereto and made part hereof as Attachment C.
5.7 Vanpool Services
KING COUNTY shall allow each Eligible Employee holding a FlexPass Card to register as a vanpool participant
subject to the availability of vanpool vehicles and minimum ridership requirements. The FlexPass Card will be
honored as full or partial payment of vanpool fares, up to the amount specified in Attachment A.
6. PAYMENTS AND BILLING
6.1 Payment For This Agreement
COMPANY agrees to pay TRANSPORTATION PARTIES the total amount stated in Attachment A for
participation in TRANSPORTATION PARTIES' FlexPass program. KING COUNTY and PIERCE TRANSIT
shall present an invoice for amounts due to COMPANY's representative listed in Section 16. Payment shall be
made in full by COMPANY according to the terms listed on the invoice, unless a payment schedule is mutually
agreed upon by both parties and incorporated into this Agreement, in Attachment A. KING COUNTY shall invoice
COMPANY for the amount(s) due for SOUND TRANSIT for additional FlexPass Cards purchased by COMPANY.
6.2 Late Payment Penalty
If any scheduled payments are not made by their due date, then the entire amount due under this Agreement may
become immediately due and payable. Any late payment shall be subject to a penalty accruing at the maximum rate
allowable by state law for each month that the payment remains due. If any check made payable to any of the
TRANSPORTATION PARTIES by COMPANY is returned to a TRANSPORTATION PARTY for insufficient
funds (NSF) in COMPANY's checking account, then COMPANY shall be assessed a $25 (twenty-five) penalty by
the TRANSPORTATION PARTY receiving the NSF check.
7. TERM OF AGREEMENT
7.1 Term
This Agreement shall take effect upon the exact day and expire on the exact day specified in this paragraph, unless
terminated in accordance with the terms set forth in Section 8. This Agreement shall take effect at 12:00 a.m. on
March 1, 2009 and shall expire at 11:59 p.m. on February 28, 2010.
8. TERMINATION
8.1 Termination For Cause
Any party may terminate this Agreement in the event the other fails to perform its obligations as described in this
Agreement by providing written notice not less than fourteen (14) days prior to the effective date of termination.
8.2 Termination For Convenience
Any party may also terminate this Agreement for convenience and without cause by providing the other party with
written notice not less than sixty (60) days in advance. If COMPANY has made payments in advance, COMPANY
shall be entitled to reimbursement from each TRANSPORTATION PARTY for each valid FlexPass Card returned
to TRANSPORTATION PARTIES. Such reimbursement shall be at the monthly rate set forth in Attachment A for
the full months remaining in the term of the Agreement.
If COMPANY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the
provisions of this Agreement, either prior to termination or as a result of termination, COMPANY agrees to pay any
outstanding amount due to the TRANSPORTATION PARTY. The TRANSPORTATION PARTY shall invoice
COMPANY for the amount due according to the procedures outlined in Section 6.
9. RECORDS
9.1 Rights Of Review
Both COMPANY and TRANSPORTATION PARTIES shall retain the right to review records and documents
related to this Agreement. If a records review is commenced more than sixty (60) days after the termination of the
contract, the TRANSPORTATION PARTY requesting the review shall give ten (10) days notice to COMPANY of
the date on which the records review will begin.
FlexPass Agreement Page 4 of 10
City of Renton
March 1, 2009 -February 28, 2010
10. SUCCESSORS AND ASSIGNS
10.1 Written Approval
This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the parties hereto
and their respective successors and assigns. All parties, however, agree that they will not assign or delegate the
duties to be performed under this Agreement without prior, written approval from the other parties.
11. LEGAL RELATIONS
11.1 No Partnership And No Third Party Beneficiaries
COMPANY and TRANSPORTATION PARTIES agree that this Agreement does not create a partnership or joint
venture relationship between the parties, and does not benefit or create any rights in a third party.
11.2 Force Majeure
TRANSPORTATION PARTIES shall be excused from performance of any responsibilities and obligations under
this Agreement, and shall not be liable for damages due to failure to perform, resulting directly or indirectly from
causes and circumstances beyond their control, including but not limited to late delivery or nonperformance by
vendors of materials or supplies, incidences of fire, flood, snow, earthquake or other acts of nature, accidents, riots,
insurrection, terrorism, acts of war, order of any court or civil authority, and strikes or other labor actions.
11.3 Costs of Legal Action
COMPANY shall be liable for any and all reasonable attorney fees, court costs and other expenses incurred by
TRANSPORTATION PARTIES in the event TRANSPORTATION PARTIES pursue legal action to obtain the
return of any FlexPass Cards or amount owing under this Agreement.
12. APPLICABLE LAW, FORUM
12.1 Terms
This Agreement shall be governed by and construed according to the laws of the State of Washington. Nothing in
this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or
imposed by state law. In the event that any litigation may be filed between the parties regarding this Agreement,
COMPANY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the
Superior Court of the county where the TRANSPORTATION PARTY pursuing the action resides.
13. DISPUTES
13.1 Dispute Resolution Procedure
All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of
COMPANY's City Attorney, KING COUNTY's General Manager, Transit Division, SOUND TRANSIT's
Executive Director, PIERCE TRANSIT's Chief Executive Officer or their designees.
If this panel is unable to reach a mutually acceptable resolution, it shall appoint another person to serve as mediator
in the effort to resolve the claim or dispute. Such mediation shall be required before an action may be filed to
adjudicate the claim or dispute in a court of law.
14. ENTIRE AGREEMENT AND AMENDMENT
14.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations,
representations and agreements between the parties relating to the subject matter hereof.
14.2 Amendments And Modifications
This Agreement may be amended or modified only by written instrument signed by the parties hereto.
15. SAVINGS
15.1 Definition
Should any provision of this Agreement be deemed invalid or inconsistent with any federal, state or local law or
regulation, the remaining provisions shall continue in full force and effect. All parties agree to immediately attempt
to renegotiate such provision that is invalidated or superseded by such laws or regulations.
FlexPass Agreement Page 5 of 10
City of Renton
March 1, 2009 -February 28, 2010
16. CONTACT PERSONS
16.1 Definition
COMPANY and TRANSPORTATION PARTIES shall designate a contact person for purposes of sending inquiries
and notices regarding the execution and fulfillment of this Agreement, as well as ordering of all fare media and
vouchers.
#43594
CITY OF RENTON
KING COUNTY, FLEXPASS CARD
ORDERS & RETURNS
Contact Name
Nathan A. Jones
Jerry Waugh
Title
Transportation Planner
Customer Services Coordinator
Address
City of Renton
King County Metro Transit
1055 S Grady Way, 5th Floor
201 S. Jackson Street; MS KSC-TR-0412
Renton WA 98055
Seattle, WA 98104-3856
Telephone
425-430-7217
206-684-6778
Fax
425-430-7376
206-263-4809
E-Mail
n'ones ci.renton.wa.us
jerry.waugh(&,kingcounty.gov
SOUND TRANSIT
PIERCE TRANSIT
Contact Name
Janine Sawyer
Daphne Tackett
Title
Project Assistant
Public Affairs Manager
Address
Sound Transit
Pierce Transit
401 S. Jackson Street
PO Box 99070
Seattle, WA 98104-2826
Lakewood, WA 98496-0070
Telephone
206-398-5108
253-581-8037
Fax
206-398-5216
253-984-8227
E-Mail
janine.sawyerpsoundtransit.org
dtackettiercetransit.or
17. EXECUTION OF AGREEMENT
17.1 Definition
This Agreement shall be executed in four (4) counterparts, each one of which shall be regarded for all purposes as
one original. In Witness Whereof, the parties have executed this Agreement as of the date first written above.
CITY OF RENTON
BY
KING COUNTY
BY
Denis Law
Title: Mayor, City of Renton
Darwin Campbell
Title: Manaeer, Transit — Customer Services
Date:
Date:
PIERCE TRANSIT
BY
SOUND TRANSIT
BY King Countyper Agent Agreement
Daphne Tackett
Title: Public Affairs Manager
Date:
F1exPassAgreement Page 6 of 10
City of Renton
March 1, 2009 - February 28, 2010
I e
FlexPass Agreement Attachment A - Agreement Costs
Company City of Renton #43594 Start Date March 1, 2009
Area FlexPass zone South King C�ty Agreement Year # 11
Quantity
Rate($/card)
Cost
King County
• Transit access
330
$91.71
$30,264.30
• Home Free Guarantee
(Up to 8 rides/employee/agreement)
• Up to $75 per month per vanpooler
• Up to $35 per month for Vanshare
• FlexPass card administration
• Commuter Bonus Plus voucher pool
1 pool
$4,950.00
Included
330 FlexPass cards x $15.00
Total — King Coun
330
$91.71
$30,264.30
Sound Transit
330
$21.87
$7,217.10
• Transit access
Pierce Transit I 330 I $1.42 I $468.60
• Local transit (bus) access
Total — FlexPass Agreement 1 330 1 $115.00 1 $37,950.00
Number of FlexPass Cards issued under this Agreement = 330
Payment Schedule = t/4 due in each of 60, 90, 180 and 270 days.
Eligible Employee Contribution ($ per employee) _ $0.00
Monthly Rate for Service for ONE Additional FlexPass Card = $8.12
Plus $2.60 per card for Card Production and Administration
(Note: Calculation for Service based on $97.40/12 months.
The Monthly rate does not include Commuter Bonus Plus vouchers.)
Allocation: King County = $6.18
Sound Transit = $1.82
Pierce Transit = $ .12
Card production and
Administrative Cost = $2.60
FlexPass Agreement Page 7 of 10
City of Renton
March 1, 2009 -February 28, 2010
FlexPass Agreement — Attachment B
Sample Employee Use Agreement Form
CITY OF RENTON
FlexPass Use Agreement
As a FlexPass holder, I agree to the following:
1. The FlexPass is a benefit provided to me as an employee and is to be used only during the
period I am employed by my employer.
2. I will use my FlexPass for my own transportation only. I will not transfer my FlexPass to
any other person.
3. I will keep my FlexPass secure and in good condition. I will immediately report a lost,
stolen or damaged FlexPass to the Transportation Coordinator. I understand a lost FlexPass
will be replaced only once per year at a charge of $50.00. A non -working FlexPass will be
replaced free of charge.
4. 1 will return my FlexPass upon request or when I leave my employment with this company.
If I do not return my FlexPass, I authorize the amount of $171.00, for each whole and partial
month remaining on the FlexPass, to be withheld from my paycheck.
5. I understand that the FlexPass card is valid for the following:
A. 100% of transit fares on King County Metro, Pierce Transit and Sound Transit.
B. $75 per month on King County Metro vanpools only. I am responsible for the balance of
the vanpool fare each month, payable to the vanpool bookkeeper, which is in excess of
the $75 amount.
C. Up to $35 per month on King County Metro vanshare vans only. I am responsible for the
balance of the vanshare fare each month, payable to the bookkeeper, which is in excess of
the $35 amount.
D. King County's Home Free Guarantee program — up to 8 rides per year.
I acknowledge the receipt of my FlexPass, and understand and agree to the terms stated above on
using the FlexPass.
Employee's Signature Date
Employee's Printed Name FlexPass Serial #
Employee's Department or Section
Date
FlexPass Serial #
FlexPass Agreement Page 8 of 10
City of Renton
March 1, 2009 -February 28, 2010
FlexPass Agreement Attachment C — Home Free Guarantee
Home Free Guarantee (hereinafter, "HFG") is a KING COUNTY program that guarantees payment for taxi fares
incurred by Eligible Employees who meet the eligible criteria, as set forth below, and taken in accordance with the
terms set forth below.
C.1 DEFINITIONS
C.1.1 Approved Commute Modes
Eligible Employees must have commuted from their principal residence or Park & Ride to the COMPANY's
worksite by one of the following modes: Bus, carpool, vanpool, walk-on or bicycle -on ferry, bicycle, or walk.
C.1.2 Eligible Reasons For Using HFG
The following are the only eligible reasons for using HFG:
a. Eligible Employee's or family member's unexpected illness or emergency.
b. Unexpected schedule change such that the normal commute mode is not available for the return commute
to the starting place of their commute. Unexpected means the employee learns of the schedule change that
day.
c. Missing the employee's normal return commute to the starting place of their commute for reasons, other
than weather or acts of nature which are beyond the employee's control, and of which they had no prior
knowledge. For example, the employee's carpool driver left work or worked late unexpectedly.
C.1.3 Non -Eligible Reasons For Using HFG
Reasons which are not eligible for HFG use include, but are not limited to, the following:
a. Pre -scheduled medical or other appointments.
b. To transport individuals who have incurred injury or illness related to their occupation. An HFG ride
should NEVER be used where an ambulance is appropriate, nor should an HFG ride replace COMPANY's
legal responsibility under workers' compensation laws and regulations.
c. Other situations where, in the opinion of the COMPANY's Program Coordinator, alternate transportation
could have been arranged ahead of time.
C.1.4 Eligible Destinations For An HFG Ride
a. From the COMPANY's worksite to the Eligible Employee's principal place of residence.
b. From the COMPANY's worksite to the Eligible Employee's personal vehicle, e.g. vehicle located at a Park
& Ride lot.
c. From the COMPANY's worksite to the Eligible Employee's usual commute ferry terminal on the east side
of Puget Sound.
C.1.5 Intermediate Stops
Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the
Eligible Employee and are authorized in advance of the HFG ride by the COMPANY's Program Coordinator (i.e.
pick up a necessary prescription at a pharmacy; pick up a sick child at school).
C.2 COMPANY RESPONSIBILITIES
C.2.1 HFG Program Payment
COMPANY's payment for HFG services is accounted for in the base price of the FlexPass Agreement, as indicated
in Attachment A.
C.2.2 Program Coordinator
COMPANY shall designate as many Program Coordinators as necessary to administer and perform the necessary
HFG program tasks as set forth in this Attachment.
C.2.3 Number Of HFG Rides Per Eligible Employee
COMPANY shall ensure that each Eligible Employee does not exceed eight (8) HFG rides per twelve (12) month
period.
FlexPass Agreement Page 9 of 10
City of Renton
March 1, 2009 - February 28, 2010
FlexPass Agreement Attachment C — Home Free Guarantee (continued)
C.3 HFG Program Tasks
C.3.1 Process
To access HFG rides, Eligible Employees shall contact the Program Coordinator. The Program Coordinator shall
call directly an answering service provider, contracted for by KING COUNTY. The phone number shall be
supplied to COMPANY by KING COUNTY. COMPANY agrees to make information about how to access HFG
rides available to all Eligible Employees. Program Coordinator shall obtain the following information from the
Eligible Employee, and provide the information to the answering service provider:
a. Verify the Eligible Employee has commuted to the worksite by an eligible mode.
b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride.
c. Ensure the Eligible Employee has valid identification to show the taxi driver.
d. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee a receipt of
the taxi trip.
e. COMPANY's Program Coordinator shall forward copies of such receipts to KING COUNTY at the end of
each month for record keeping and accounting purposes.
f. The answering service provider will arrange taxi rides for the Eligible Employee.
CA KING COUNTY RESPONSIBILITIES
C.4.1 Participating Taxi COMPANY(s)
COMPANY agrees that neither KING COUNTY or answering service provider is responsible for providing
transportation services under the HFG program. COMPANY further agrees that KING COUNTY makes no
guarantee or warranty as to the availability, quality or reliability of taxi service, and that the KING COUNTY's sole
obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the
terms of this Agreement. COMPANY agrees it shall make no claims of any kind or bring any suits of any kind
against the KING COUNTY for damages or injuries of any kind arising out of or in any way related to the HFG
program. Without limiting the foregoing and by way of example only, the COMPANY agrees that KING
COUNTY shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before,
during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to
negligence, intentional acts or causes beyond the taxi's control, including but not limited to incidence of fire, flood,
snow, earthquake or other acts of nature, riots, insurrection, accident, order of any court or civil authority, and
strikes or other labor actions.
C.4.2 Payment Of Authorized HFG Taxi Fares
KING COUNTY shall pay the metered fare amount of a COMPANY's Program Coordinator -authorized HFG ride,
as defined in the DEFINITIONS section above, for a one-way distance of up to sixty (60) miles. COMPANY or
Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty (60) miles.
KING COUNTY shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of
COMPANY or the Eligible Employee taking the HFG ride.
C.4.3 Reporting
KING COUNTY shall keep a complete record of all authorized HFG ride requests and provide a copy of this record
to COMPANY's designated Contact Person if requested.
C.4.4 Program Abuse
KING COUNTY reserves the right to investigate and recover costs from the COMPANY of intentional abuse of the
HFG program by Eligible Employees. Program abuse is defined as, but not limited to, taking trips for inappropriate
reasons, unauthorized destinations and intermediate stops, and pre -scheduled appointments not defined in the
DEFINITIONS section above.
F1exPassAgreement Page 10 of 10
City of Renton
March 1, 2009 - February 28, 2010
CITY OF RENTON COUNCIL AGENDA BILL
AI #:
Submitting Data: Public Works Department
For Agenda of:
Dept/Div/Board.. Transportation Systems Division
January 26, 2009
Staff Contact...... Jim Seitz, Transportation Planning
Agenda Status
& Programming Supervisor,
Consent .............. X
extension 7245
Public Hearing..
Correspondence..
Subject:
2009-2012 Agreement with the South County Area
Ordinance .............
Transportation Board (SCATBd)
Resolution............ X
Exhibits:
Issue Paper
Old Business........
SCATBd Letter to the Mayor
New Business....... X
2009-2012 Agreement
Study Sessions......
Resolution
Information........ .
Recommended Action:
Approvals:
Council Concur
Legal Dept......... X
Finance Dept ......
Fiscal Impact (003.016.5950.0092.49.000001)
Expenditure Required... $300 Transfer/Amendment.......
Amount Budgeted.. $300 Revenue Generated
Amount Needed $300 City Share Total Project.
SUMMARY OF ACTION:
This Agreement will provide for the continuation of the South County Area Transportation Board
(SCATBd) as the South forum for local governments to share information, build consensus, and
coordinate among jurisdictions and agencies with the goal of providing advice on plans, programs,
policies and priorities for regional transportation decisions.
Changes from Previous Agreement:
On December 16, 2008, the South County Area Transportation Board (SCATBd) approved a revised
agreement to extend SCATBd's activities through 2012. The revisions to this agreement, as well as the
agreements for the Eastside Transportation Partnership and the SeaShore Transportation Forum, were
developed by a joint subcommittee with representation from all three boards. The revisions are intended
to provide more consistency and clarity for the boards' operations, and more opportunities for
coordination among the subareas. Highlights of the proposed changes include the following:
• Clarify voting and non -voting members, and seek consistency among the subareas in
representation by the Port of Seattle, State Transportation Commission and local transit agencies
from neighboring counties.
• Clarify voting rights on all issues, so that broad discussion is promoted, but voting on
recommendations about subarea -based resource issues is limited to those jurisdictions located
within the geographic boundaries of the subarea.
• Establish consistent dues of $100 per voting member for each subarea.
• Establish that one use of the dues shall be used to hold at least one joint meeting annually, to
promote discussion of issues that cross subarea boundaries.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the 2009-2012 Agreement for the South County Area
Transportation Board (SCATBd).
ll:\File Sys\TPP - Transportation Planning & Programming\SCATBd 2009-12 Agreeement Agenda bill.doc
VA
Uvo
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE: January 26, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: -)C Denis Law, Mayor
FROM: Gregg Zimmerma ministrator
SUBJECT: 2009-2012 Agreement with the South County Area
Transportation Board (SCATBd)
ISSUE:
Should Council authorize the Mayor to sign the 2009-2012 Agreement for the South County Area
Transportation Board (SCATBd)?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the 2009-2012 Agreement for the South County
Area Transportation Board (SCATBd).
BACKGROUND:
The purpose of the Agreement is to provide for the continuation of the South County Area
Transportation Board (SCATBd) as the South forum for local governments to share information,
build consensus, and coordinate among jurisdictions and agencies with the goal of providing
advice on plans, programs, policies and priorities for regional transportation decisions.
Changes from Previous Agreement:
On December 16, 2008, the South County Area Transportation Board (SCATBd) approved a
revised agreement to extend SCAT13d's activities through 2012. The revisions to this agreement, as
well as the agreements for the Eastside Transportation Partnership and the SeaShore Transportation
Forum, were developed by a joint subcommittee with representation from all three boards. The
revisions are intended to provide more consistency and clarity for the boards' operations, and more
opportunities for coordination among the subareas. Highlights of the proposed changes include the
following:
• Clarify voting and non -voting members, and seek consistency among the subareas in
representation by the Port of Seattle, State Transportation Commission and local transit
agencies from neighboring counties.
• Clarify voting rights on all issues, so that broad discussion is promoted, but voting on
recommendations about subarea -based resource issues is limited to those jurisdictions
located within the geographic boundaries of the subarea.
Randy Corman, Council President
Members of the Renton City Council
January 26, 2009
Page 2 of 2
• Establish consistent dues of $100 per voting member for each subarea.
• Establish that one use of the dues shall be used to hold at least one joint meeting annually, to
promote discussion of issues that cross subarea boundaries.
cc: Peter Hahn, Deputy PW Administrator — Transportation
Jim Seitz, Transportation Planning & Programming Supervisor
Connie Brundage, Transportation Administrative Secretary
File
H:\File Sys\TRP - Transportation Planning & Programming\SCATBd 2009-12 Agreement Issue paper.doc
r--
South County Area Transportation Board
MS: KSC-TR-0814
201 South Jackson Street
Seattle, WA 98104-3856
Phone: (206) 263-4710 Fax: (206) 684-2111
December 30, 2008
The Honorable Denis Law
Mayor, City of Renton
1055 S. Grady Way
Renton, WA 98055
Dear Mayor Law:
On December 16, 2008 the South County Area Transportation Board (SCATBd)
approved a revised agreement to extend SCATBd's activities through 2012. The revisions
to this agreement, as well as the agreements for the Eastside Transportation Partnership
and the SeaShore Transportation Forum, were developed by a joint subcommittee with
representation from all three boards. The revisions are intended to provide more
consistency and clarity for the boards' operations, and more opportunities for
coordination among the subareas. Highlights of the proposed changes include the
following:
• Clarify voting and non -voting members, and seek consistency among the subareas
in representation by the Port of Seattle, State Transportation Commission and
local transit agencies from neighboring counties.
• Clarify voting rights on all issues, so that broad discussion is promoted, but voting
on recommendations about subarea -based resource issues is limited to those
jurisdictions located within the geographic boundaries of the subarea.
• Establish consistent dues of $100 per voting member for each subarea.
• Establish that one use of the dues shall be used to hold at least one joint meeting
annually, to promote discussion of issues that cross subarea boundaries.
Attached is the revised approved SCATBd agreement, which we are sending to all
participating cities and agencies for their individual approval. We hope that your
governing body reviews this and takes action to approve it by mid -January. Approval by
your governing body should include authorizing the appropriate person to sign the
agreement on your city's behalf. A draft resolution to facilitate that process is attached.
After your city has approved the agreement, please sign in the appropriate signature block
and return it to Sally Marks, Supervising Transportation Planner, King County
Department of Transportation, 201 S. Jackson Street, Seattle, WA. 98104.
After all the parties have signed, you will receive a completed copy of the agreement for
your records.
2009 SCATBd Agreement
December 30, 2008
Page 2 of 3
If you have questions, please contact Sally Marks at 206-263-4710 or
sally.marksgkin cg_ounty.gov. Thank you very much for your cooperation.
Sincerely,
Suzette Cooke Sue Blazak
Mayor, Kent Councilmember, Burien
SCATBd Chair SCATBd Vice Chair
Attachment: 2009-2012 SCATBd Agreement
Draft Resolution
cc: The Honorable Marcie Palmer, Councilmember, City of Renton
Bonnie Walton, City Clerk, City of Renton
2009-2012 Agreement
for the
South County Area Transportation Board
Parties to Agreement
City of Algona
City of Renton
City of Auburn
City of SeaTac
City of Black Diamond
City of Tukwila
City of Burien
King County
City of Covington
Muckleshoot Tribe
City of Des Moines
Pierce County
City of Enumclaw
Pierce Transit
City of Federal Way
Port of Seattle
City of Kent
Puget Sound Regional Council
City of Maple Valley
Sound Transit
City of Milton
Transportation Improvement Board
City of Normandy Park
Washington State Department of Transportation
City of Pacific
Washington State Transportation Commission
Transmittal date to participating members for approval: December 30, 2008
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called
"Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND,
hereafter called "Black Diamond"; the CITY OF BURIEN, hereafter called "Burien"; the CITY OF
COVINGTON, hereafter called "Covington"; the CITY OF DES MOINES, hereafter called "Des
Moines"; the CITY OF ENUMCLAW hereafter called "Enumclaw"; the CITY OF FEDERAL WAY,
hereafter called "Federal Way"; the CITY OF KENT, hereafter called "Kent"; the CITY OF MAPLE
VALLEY, hereafter called "Maple Valley"; CITY OF MILTON,. hereafter called "Milton"; the CITY
OF NORMANDY PARK, hereafter called "Normandy Park"; the CITY OF PACIFIC, hereafter called
"Pacific"; the CITY OF RENTON, hereafter called "Renton"; the CITY OF SEATAC, hereafter called
"SeaTac"; the CITY OF TUKWILA, hereafter called "Tukwila"; the MUCKLESHOOT TRIBE;
KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County";
PIERCE COUNTY, a legal subdivision of the State of Washington, hereafter called "Pierce County;
the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC"; the CENTRAL PUGET
SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit"; PIERCE
TRANSIT; the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called
"WSDOT"; the WASHINGTON STATE TRANSPORTATION COMMISSION, hereafter called the
"Transportation Commission"; the TRANSPORTATION IMPROVEMENT BOARD, hereafter called
"TIB"; and the PORT OF SEATTLE.
WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning
and coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board (SCATBd) has effectively served as the
central forum for information sharing, consensus building, and coordination to develop
recommendations for transportation policies, projects and programs for the South King subarea; and
WHEREAS, the King County Comprehensive Plan for Public Transportation - Long. Range Policy
Framework, adopted in 1993, divided Metro service into three geographic subareas for the purpose of
allocating new transit subsidy; and
WHEREAS, the Six -Year Transit Development Plan, adopted in 1995, called for the three subarea
transportation boards (the Eastside Transportation Partnership, South County Area Transportation
Board, and SeaShore Transportation Forum) to review, refine, and recommend service priorities to the
King County Executive; and
WHEREAS, Sound Transit relies on the three subarea transportation boards to review and recommend
Sound Transit plans and implementation of projects and services; and
WHEREAS, the geographic subarea boundary area for the South King Subarea is the area represented
on the attached map (Exhibit A);
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
1.0 Purpose of Agreement
The purpose of the Agreement is to provide for the continuation of the South County Area
Transportation Board (SCATBd) as the South forum for local governments to share information, build
consensus, and coordinate among jurisdictions and agencies with the goal of providing advice on
plans, programs, policies and priorities for regional transportation decisions.
2.0 Role of Subarea Transportation Boards
1. The South County Area Transportation Board (SCATBd) is the forum established for the
South subarea of King County for elected officials to provide advice into the following
decisions:
a. The King County Metro six year transit development plan, and implementation of
transit service priorities
b. Sound Transit plans and implementation of projects and services
2. The SCATBd may also provide input on other countywide and regional transportation issues.
3. The three subarea transportation boards shall hold at least one joint meeting annually to
address issues of mutual interest and concern and promote regional decisions.
2
3.0 Voting and Non -voting Members
3.1 The votine members of SCATBd and their votinp- rights shall be as follows:
Voting Members
Number of Reps.
Voting
Rights
Sound
Transit'
Metro Transit
Regional
Competition
Other
Algona
1
Yes
Yes
Yes
Yes
Auburn
1
Yes
Yes
Yes
Yes,
Black Diamond
1
No
Yes
Yes
Yes
Burien
1
Yes
Yes
Yes
Yes
Covington
I
No
Yes
Yes
Yes
Des Moines
I
Yes
Yes
Yes
Yes
Enumclaw
I
No
Yes
Yes
Yes
Federal Way
1
Yes
Yes
Yes
Yes
King County
3
Yes
Yes
Yes
Yes
Kent
I
Yes
Yes
Yes
Yes
Maple Valley
I
No
Yes
Yes
Yes
Milton
1
Yes
Yes
Yes
Yes
Muckleshoot Tribe
1
Yes
Yes
Yes
Yes
Normandy Park
1
Yes
Yes
Yes
Yes
Pacific
1
Yes
Yes
Yes
Yes
Renton
I
No
Yes
Yes*
Yes
SeaTac
1
Yes
Yes
Yes
Yes
Tukwila
I
Yes
Yes
Yes
Yes
Pierce County
1
No
No
No
Yes
3.2 The non -voting members of SCATBd shall be as follows:
Non -Voting Member
Number of Representatives
Sound Transit
I
PSRC
I
WSDOT
I
TIB
I
Pierce Transit
I
Port of Seattle
I
Washington State Transportation Commission
1
Private sector representation (if approved by SCATBd)
1
1 Recommendations on Sound Transit capital and service plans and implementation
Z Recommendations on Metro Transit service plans
3 Identification of projects for the regional competition, if prescribed by the process approved by the King County members of the Transportation
Policy Board (*projects in Renton south of the Cedar River)
" Other recommendations including:
• Recommendations to the PSRC on plans, policies and programs, such as input on alternatives, policies and criteria for the regional transportation plan; on studies and
analyses conducted; on criteria; on funding policies; and on regional priorities.
• Recommendations to the State Legislature, committees and commissions established by the Legislature, such as input on proposed legislation; on recommendations
from commissions; and on transportation budgets and priorities.
• Recommendations to WSDOT on projects, policies, programs, priorities and funding, such as input on alternatives, funding, and priorities for major corridors; on
tolling; on transportation demand management; on Commute Trip Reduction; on active traffic management; and on state transportation plans.
• Recommendations to the State Transportation Commission, such as input on policies regarding tolling, preservation, capacity improvements and funding.
• Recommendations to the federal delegation on federal legislation, such as input on reauthorization; and on funding priorities.
3
3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound
Transit capital and service plans and implementation, Metro Transit service plans, and identification
of projects for the regional competition, if prescribed by the process approved by the King County
caucus of the Transportation Policy Board. The results shall be recorded by jurisdiction.
4.0 Representation and Conduct
4.1 The representation on the South County Area Transportation Board (SCATBd) shall be as
follows:
1. Elected officials appointed for a one-year term from each of the participating counties and
cities, in the number specified above. King County representation shall be a maximum of two
Councilmembers and the King County Executive or his designee.
2. High level staff from WSDOT, Pierce Transit, the Port of Seattle and the PSRC; a South King
subarea board member of Sound Transit; the Director of the TIB; and a representative
designated by the Washington Transportation Commission.
3. A representative of a private sector group or groups as determined by SCATBd.
4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place
of designated voting representatives in the absence of the designated representative.
4.3 On an annual basis, member jurisdictions shall inform the Lead Agency in writing of its
representatives and alternates and provide the appropriate contact information for each.
4.4 The SCATBd will be responsible for overall program direction, approving Technical Advisory
Committee recommendations and providing direction for input on transportation decisions
4.5 The SCATBd may establish its own bylaws and rules of procedures and may modify these as
appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and
modifications to such bylaws and rules will not alter this Agreement.
4.6 The SCATBd may establish subcommittees as it determines appropriate.
4.7 With a simple majority of voting members as shown in Section 3.1, the SCATBd can adopt
resolutions, authorize correspondence, request studies, or provide other advisory input to member
jurisdictions or regional and state activities, including plans policies, programs, projects or legislative
issues.
4.8 Any voting member may request that a minority statement be included in communications or
otherwise distributed with the adopted majority position.
5.0 Chair and Vice Chair
5.1 The chair and vice chair of SCATBd shall be representatives of a member county or city
located within the subarea's geographic boundaries. The chair and vice chair shall be elected by a
majority of the voting representatives from jurisdictions within the subarea's geographic boundaries.
5.2 The chair and vice chair shall be nominated by a nominating committee established in
November of each year, and nominated in December of each year.
4
5.3 The chair and vice chair shall serve a term of one year from February 1 through January 31 of
the following year.
5.4 The chair and the vice chair shall conduct the SCATBd activities within adopted procedures
and guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair
opportunity for discussion, signing correspondence, and speaking on behalf of the SCATBd.
6.0 Technical Advisory Committee (TAC)
6.1 Each member jurisdiction or agency shall appoint at least one planning, public works and/or
intergovernmental staff person to the Technical Advisory Committee (TAC). Private sector groups
shall not participate in TAC activities. Each member jurisdiction and agency is expected to contribute
such staff as is necessary to accomplish the work program adopted by the SCATBd.
6.2 The TAC shall provide technical assistance as requested by the SCATBd and shall advise the
SCATBd and their respective members on emergent transportation issues, and be responsible for
overall program development including drafting of the work program. The TAC shall also review
consultant work, and coordinate its activities with adjacent jurisdictions, including the other subarea
transportation forums.
6.3 When appropriate, the TAC will make recommendations for consideration of the SCATBd. The
TAC's recommendations shall be arrived at by consensus of a majority of the TAC members present.
If the Technical Advisory Committee is unable to reach consensus on a particular issue, TAC members
may present discussion questions or a dissenting opinion to the SCATBd for consideration.
7.0 Lead Agency
7.1 King County will be the lead agency for the purposes of receipt of funds, contract
administration, and disbursement of funds associated with consultant contracts and study -related
expenses. King County shall appoint a staff member to serve as Project Manager for special projects.
King County shall also provide general administrative and program support for the SCATBd. King
County assumes wage and benefits cost of its staff performing Lead Agency responsibilities.
7.2 Lead Agency responsibilities include administrative and technical support for meetings and
ongoing operations; collection, administration and distribution of dues; support to the chair and vice
chair; preparation of correspondence and other materials; development and monitoring of work
program; and coordination of consultant services or other special projects as directed by the SCATBd.
8.0 Annual Work Program
The SCATBd may undertake activities consistent with its purposes and shall prepare an annual
progress report and work program for the following year for submittal to its members.
5
9.0 Financing and Cost Sharing Guidelines
9.1 Yearly Dues -- Each member city will contribute $100.00 annually per vote awarded to remain
members in good standing. The designated Lead Agency shall not be required to pay yearly dues.
This revenue shall be used for special events, including an annual joint meeting of the subarea
transportation boards, public education, or other expenses authorized by the SCATBd.
9.2 The following guidelines shall generally apply:
1. Annual Review of Financing: The SCATBd shall determine by June 30 of each year whether
an additional financial contribution will be requested of the SCATBd jurisdictions.
2. Voting Members: If additional financial contributions are determined to be necessary, costs
shall be shared among member jurisdictions other than King County by a method as determined
by action of the SCATBd. Unless agreed to otherwise, King County's share shall be limited to
the costs of providing staff support.
3. Non -voting Members: The member agencies shall not be expected to make a direct funding
contribution.
4. Modification to Agreement Required: A modification to this agreement specifying cost -
sharing, purpose, scope of work and other details is required to obligate a member jurisdiction
to funding participation.
10.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to all of the other parties at least thirty (30) days in advance of the effective date of the withdrawal. A
withdrawing party shall not be entitled to a refund of any payments to SCATBd but shall make any
contributions required to be paid to other parties under this Agreement for costs which had been
obligated prior to the effective date of the withdrawal. In the event a party withdraws, the remaining
parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and
revenue allocations. In the event of withdrawal by a party, this Agreement shall terminate as to that
party but shall continue in effect with respect to the remaining parties. However, the termination of
this Agreement with respect to one or more parties shall not affect any of the parties' rights or
obligations, including any rights or obligations of a withdrawing party, that are expressly intended to
survive termination.
Each party's funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party's governing body of sufficient funds to support
said obligations. Should such an appropriation not be approved for a future year, a party may exercise
its right to withdraw as provided herein.
11.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
all the tasks have been completed to the satisfaction of the SCATBd or until such time as the
participating members choose to conclude the program for other reasons, but in no case shall the
program extend beyond December 31, 2012, unless terminated earlier or extended in accordance with
Section 11.0. If all parties desire to extend this Agreement beyond December 31, 2012, they shall
n
execute a Statement of Extension. In no event shall the Agreement be extended beyond December 31,
2014.
12.0 Termination
All parties to this Agreement must agree to terminate this Agreement in order for such termination to
be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 13.0.
13.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement
expires or is terminated in accordance with Section 11.0, any personal property other than cash shall
remain with the Lead Agency.
14.0 Return of Funds
At such time as this Agreement expires or is terminated in accordance with Section 11.0, any
unexpended and uncommitted funds shall be distributed proportionately to those parties to this
Agreement at the time of termination based on each party's percentage share of the original
contribution.
15.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
16.0 Legal Relations
16.1 The parties shall comply with all applicable state and federal laws and regulations.
16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents
of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees of any other party.
16.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first
party, its contractor, and/or employees, agents, and representatives in performing the first party's
obligations under this Agreement. The parties agree that their obligations under this paragraph extend
to claims made against one party by the other party's own employees. For this purpose, the parties, by
mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise
be available against such claims under the industrial insurance provisions of RCW Title 51. In the
event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this
section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing
ply.
7
16.4 The provisions of this Section 16 shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal from this Agreement.
17.0 Entirety and Modifications
17.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between
the parties.
17.2 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
18.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer
nr renresentative as of the date set forth below its sienature.
City of Algona
City of Auburn
City of Black Diamond
By:
By:
By:
Date:
Date:
Date:
City of Burien
City of Covington
City of Des Moines
By:
By:
By:
Date:
Date:
Date:
City of Enumblcaw
City of Federal Way
City of Kent
By:
By:
By:
Date:
Date:
Date:
City of Maple Valley
City of Milton
City of Normandy Park
By:
By:
By:
Date:
Date:
Date:
City of Pacific
City of Renton
City of Sea Tac
By:
By:
By:
Date:
Date:
Date:
City of Tukwila
King County
Muckleshoot Tribe
By:
By:
By:
Date:
Date:
Date:
Pierce County
Pierce Transit
Port of Seattle
By:
By:
By:
Date:
Date:
Date:
Puget Sound Regional Council
Sound Transit
Transportation Improvement Board
By:
By:
By:
Date:
Date:
Date:
Washington State Department of
Washington State Transportation
Transportation
Commission
By:
By:
Date:
Date:
Exhibit A
South King County Subarea 2008
South County Area Transportation Board (SCATBd)
W SCATBd
® SCATBD and ETP
The information included on this map has been compiled by King
County noti from n County
of sources and is subject to change
•
waraut ntes,ex essedountymakesnorepresentations or
accurcy,cmplet King County
warranties, expressed or Implied, as to accuracy, completeness,
timeliness or rights to the use of such information. King County shall
not be liable for any general, special, indirect, incidental, or Cedar River
consequential damages including, but not limited to. lost revenues 0 0.51 2 3 4
or lost pmfdinformation
s resulting from the use or misuse of the infoation
contained on this map. Any sale of this map or Information on this Miles Roads
map is prohibited except by written permission of King County.
2009 SCATBd Agreement
December 30, 2008
Page 3 of 3
DRAFT RESOLUTION for SCATBd Member Jurisdictions and Agencies to Use to
Approve the 2009-2012 SCATBd Agreement
A resolution supporting the continuation of the South County Area Transportation Board
(SCATBd) as the South King County forum for information sharing, consensus building
and coordinating to provide advice on regional transportation issues and approve
continued participation by the City of / (agency)/_ County
WHEREAS, the South King County subarea has been involved in multijurisdictional
transportation planning to develop coordinated plans for transportation improvements and
programs for this area; and
WHEREAS, these plans have been approved and efforts continue to be made to work
cooperatively to implement the recommended projects; and
WHEREAS, the SCATBd has been an effective forum for information sharing,
consensus building and providing valuable input on transportation planning and
implementation decisions; and
WHEREAS, the SCATBd recognizes the need to coordinate with its regional partners to
address issues that cross subarea and county boundaries;
WHEREAS, the City of /agency/_ County has participated as a member,
NOW, THEREFORE, BE IT RESOLVED that
The City of /agency/ County hereby approves the 2009-2012 Interlocal
Agreement (attached) to continue to participate in the South County Area Transportation
Board, including identifying representatives and providing dues, and authorizes
to enter into this Interlocal Agreement.
Date
_(signed) (signed)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO
THE 2009-2012 SOUTH COUNTY AREA TRANSPORTATION BOARD
AGREEMENT.
WHEREAS, the South County Area Transportation Board (SCATBd) is the South King
County forum for information sharing, consensus building, coordinating to provide advice on
regional transportation issues and implementation decisions; and
WHEREAS, the South King County subarea has been involved in multijurisdictional
transportation planning to develop coordinated plans for transportation improvements and
programs for this area; and
WHEREAS, these plans have been approved and efforts continue to be made to work
cooperatively to implement the recommended projects; and
WHEREAS, the SCATBd recognizes the need to coordinate with its regional partners to
address issues that cross subarea and county boundaries; and
WHEREAS, the City of Renton has participated as a member;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The City of Renton hereby approves the 2009-2012 Interlocal
Agreement to continue to participate in the South County Area Transportation Board, including
identifying representatives and providing dues, and authorizes the Mayor and City Clerk to enter
into this Interlocal Agreement.
1
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of )2009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1391:1/13/09:scr
Denis Law, Mayor
2
CITY OF RENTON COT 1NCIL AGENDA BILL -1
AI #: a c
Submitting Data: Public Works Department
For Agenda of:
Dept/Div/Board.. Transportation Systems Division
January 26, 2009
Agenda Status
Staff Contact...... Jim Seitz, Transportation Planning
& Programming Supervisor,
Consent .............. X
extension 7245
Public Hearing..
Correspondence..
Subject:
2009-2012 Agreement with the Eastside Transportation
Ordinance .............
Resolution............ X
Partnership (ETP)
Old Business........
New Business....... X
Exhibits:
Issue Paper
Study Sessions......
Information.........
ETP Letter to the Mayor
2009-2012 Agreement
Resolution
Recommended Action:
Approvals:
Council Concur
Legal Dept......... X
Finance Dept......
Fiscal Impact (003.016.5950.0092.49.000001)
Expenditure Required... $600 Transfer/Amendment.......
Amount Budgeted.. $600 Revenue Generated
Amount Needed $600 City Share Total Project.
SUMMARY OF ACTION:
This Agreement will provide for the continuation of the Eastside Transportation Partnership (ETP) as
the East forum for local governments to share information, build consensus, and coordinate among
jurisdictions and agencies with the goal of providing advice on plans, programs, policies and priorities
for regional transportation decisions.
Changes from Previous Agreement:
On December 16, 2008, the Eastside Transportation Partnership (ETP) approved a revised agreement to
extend ETP's activities through 2012. The revisions to this agreement, as well as the agreements for the
South County Area Transportation Board (SCATBd) and the Seashore Transportation Forum, were
developed by a joint subcommittee with representation from all three boards. The revisions are intended
to provide more consistency and clarity for the boards' operations, and more opportunities for
coordination among the subareas. Highlights of the proposed changes include the following:
• Clarify voting and non -voting members, and seek consistency among the subareas in representation
by the Port of Seattle, State Transportation Commission and local transit agencies from neighboring
counties.
• Clarify voting rights on all issues, so that broad discussion is promoted, but voting on
recommendations about subarea -based resource issues is limited to those jurisdictions located within
the geographic boundaries of the subarea.
• Establish consistent dues of $100 per voting member for each subarea.
• Establish that one use of the dues shall be used to hold at least one joint meeting annually, to promote
discussion of issues that cross subarea boundaries.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the 2009-2012 Agreement for the Eastside Transportation
Partnership (ETP).
H:\File Sys\TRP - Transportation Planning & Programming\ETP 2009-12 Agreeement Agenda bill.doc
UPUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE: January 26, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: �� Denis Law, Mayor
FROM: Gregg Zimmen-n ministrator
SUBJECT: 2009-2012 Agreement with the Eastside Transportation
Partnership (ETP)
ISSUE:
Should Council authorize the Mayor to sign the 2009-2012 Agreement for the Eastside
Transportation Partnership (ETP)?
RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the 2009-2012 Agreement for the Eastside
Transportation Partnership (ETP).
BACKGROUND:
The purpose of the Agreement is to provide for the continuation of the Eastside Transportation
Partnership (ETP) as the East forum for local governments to share information, build consensus,
and coordinate among jurisdictions and agencies with the goal of providing advice on plans,
programs, policies and priorities for regional transportation decisions.
Changes from Previous Agreement:
On December 16, 2008, the Eastside Transportation Partnership (ETP) approved a revised
agreement to extend ETP's activities through 2012. The revisions to this agreement, as well as the
agreements for the South County Area Transportation Board (SCATBd) and the SeaShore
Transportation Forum, were developed by a joint subcommittee with representation from all three
boards. The revisions are intended to provide more consistency and clarity for the boards'
operations, and more opportunities for coordination among the subareas. Highlights of the
proposed changes include the following:
Randy Corman, Council President
Members of the Renton City Council
January 26, 2009
Page 2 of 2
• Clarify voting and non -voting members, and seek consistency among the subareas in
representation by the Port of Seattle, State Transportation Commission and local transit
agencies from neighboring counties.
• Clarify voting rights on all issues, so that broad discussion is promoted, but voting on
recommendations about subarea -based resource issues is limited to those jurisdictions
located within the geographic boundaries of the subarea.
• Establish consistent dues of $100 per voting member for each subarea.
• Establish that one use of the dues shall be used to hold at least one joint meeting annually, to
promote discussion of issues that cross subarea boundaries.
cc: Peter Hahn, Deputy PW Administrator — Transportation
Jim Seitz, Transportation Planning & Programming Supervisor
Connie Brundage, Transportation Administrative Secretary
File
H:\File Sys\TRP - Transportation Planning & Programming\ETP 2009-12 Agreement Issue paper.doc
MS: KSC-TR-0814
201 South Jackson Street
Seattle, WA 98104-3856
Phone (206) 263-4710 Fax (206) 684-2111
December 30, 2008
The Honorable Denis Law
Mayor, City of Renton
1055 S. Grady Way
Renton, WA 98055
Dear Mayor Law:
On December 12, 2008 the Eastside Transportation Partnership (ETP) approved a revised
agreement to extend ETP's activities through 2012. The revisions to this agreement, as
well as the agreements for the South County Area Transportation Board (SCATBd) and
the SeaShore Transportation Forum, were developed by a joint subcommittee with
representation from all three boards. The revisions are intended to provide more
consistency and clarity for the boards' operations, and more opportunities for
coordination among the subareas. Highlights of the proposed changes include the
following:
• Clarify voting and non -voting members, and seek consistency among the subareas
in representation by the Port of Seattle, State Transportation Commission and
local transit agencies from neighboring counties.
• Clarify voting rights on all issues, so that broad discussion is promoted, but voting
on recommendations about subarea -based resource issues is limited to those
jurisdictions located within the geographic boundaries of the subarea.
• Establish consistent dues of $100 per voting member for each subarea.
• Establish that one use of the dues shall be used to hold at least one joint meeting
annually, to promote discussion of issues that cross subarea boundaries.
Attached is the revised ETP agreement, which we are sending to all participating cities
and agencies for their individual approval. We hope that your governing body reviews
this and takes action to approve it by mid -January. Approval by your governing body
should include authorizing the appropriate person to sign the agreement on your city's
behalf. A draft resolution to facilitate that process is attached.
After your city has approved the agreement, please sign in the appropriate signature block
and return it to Sally Marks, Supervising Transportation Planner, King County
Department of Transportation, 201 S. Jackson Street, Seattle, WA. 98104.
2009 ETP Agreement
December 30, 2008
Page 2 of 2
After all the parties have signed, you will receive a completed copy of the agreement for
your records.
If you have questions, please contact Sally Marks at 206-263-4710 or
sally.marks@kingcounty.gov. Thank you very much for your cooperation.
Sincerely,
Ars. j%azu;��
Ava Frisinger
Mayor, Issaquah
ETP Chair
Feke
Don Gerend
Deputy Mayor, Issaquah
ETP Vice Chair (Acting)
Attachment: 2009-2012 ETP Agreement
Draft Resolution
cc: The Honorable Marcie Palmer, Councilmember, City of Renton
The Honorable Don Persson, Councilmember, City of Renton
Bonnie Walton, City Clerk, City of Renton
Peter Hahn, Deputy Public Works Director, City of Renton
2009-2012 Agreement
for the
Eastside Transportation Partnership
Parties to Agreement
City of Bellevue
City of Bothell
City of Issaquah
City of Kenmore
City of Kirkland
City of Mercer Island
City of Newcastle
City of Redmond
City of Renton
City of Sammamish
City of Woodinville
Community Transit
Eastside Transportation Choices Coalition
Port of Seattle
Snohomish County
Transportation Improvement Board
Washington State Transportation Commission
Small Cities
Beaux Arts
Clyde Hill
Hunts Point
Medina
Yarrow Point
Snoqualmie Valley Cities
Carnation
Duvall
North Bend
Snoqualmie
Eastside Transportation Association
King County
Puget Sound Regional Council
Sound Transit
Washington State Department of Transportation
Transmittal date to participating members for approval on December 30, 2008.
THIS AGREEMENT is made and entered into by and among the TOWN OF BEAUX ARTS
VILLAGE, hereafter called "Beaux Arts"; the CITY OF BELLEVUE, hereafter called "Bellevue"; the
CITY OF BOTHELL, hereafter called "Bothell'; the CITY OF CARNATION, hereafter called
"Carnation"; the CITY OF CLYDE HILL, hereafter called "Clyde Hill'; the CITY OF DUVALL,
hereafter called "Duvall'; the CITY OF HUNTS POINT, hereafter called "Hunts Point"; the CITY OF
ISSAQUAH, hereafter called "Issaquah"; the CITY OF KENMORE, hereafter called "Kenmore"; the
CITY OF KIRKLAND, hereafter called "Kirkland"; the CITY OF MEDINA, hereafter called
"Medina"; CITY OF MERCER ISLAND, hereafter called "Mercer Island"; the CITY OF
NEWCASTLE, hereafter called "Newcastle"; the CITY OF NORTH BEND, hereafter called "North
Bend"; the CITY OF REDMOND, hereafter called "Redmond"; the CITY OF RENTON, hereafter
called "Renton"; the CITY OF SAMMAMISH, hereafter called "Sammamish"; the CITY OF
SNOQUALMIE; hereafter called "Snoqualmie"; the CITY OF WOODINVILLE, hereafter called
"Woodinville"; the CITY OF YARROW POINT, hereafter called "Yarrow Point"; KING COUNTY, a
legal subdivision of the State of Washington, hereafter called "King County"; SNOHOMISH
COUNTY, a legal subdivision of the State of Washington, hereafter called "Snohomish County; the
PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC"; the CENTRAL PUGET
SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit"; SNOHOMISH
COUNTY PUBLIC TRANSPORTATION BENEFIT AREA, hereafter called "Community Transit";
the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called "WSDOT";
the WASHINGTON STATE TRANSPORTATION COMMISSION, hereafter called the
"Transportation Commission"; the TRANSPORTATION IMPROVEMENT BOARD, hereafter called
"TIB"; the PORT OF SEATTLE; the EASTSIDE TRANSPORTATION ASSOCIATION, hereafter
called the "ETA"; and the EASTSIDE TRANSPORTATION CHOICES COALITION, hereafter
called the "ETCC".
WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning
and coordinated transportation plans benefit their citizens; and
WHEREAS, the Eastside Transportation Partnership (ETP) has effectively served as the central forum
for information sharing, consensus building, and coordination to develop recommendations for
transportation policies, projects and programs for the East King subarea; and
WHEREAS, the King County Comprehensive Plan for Public Transportation - Long Range Policy
Framework, adopted in 1993, divided Metro service into three geographic subareas for the purpose of
allocating new transit subsidy; and
WHEREAS, the Six -Year Transit Development Plan, adopted in 1995, called for the three subarea
transportation boards (the Eastside Transportation Partnership, South County Area Transportation
Board, and SeaShore Transportation Forum) to review, refine, and recommend service priorities to the
King County Executive; and
WHEREAS, Sound Transit relies on the three subarea transportation boards to review and recommend
Sound Transit plans and implementation of,projects and services; and
WHEREAS, the geographic subarea boundary area for the East King Subarea is the area represented
on the attached map (Exhibit A);
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
1.0 Purpose of Agreement
The purpose of the Agreement is to provide for the continuation of the Eastside Transportation
Partnership (ETP) as the East forum for local governments to share information, build consensus, and
coordinate among jurisdictions and agencies with the goal of providing advice on plans, programs,
policies and priorities for regional transportation decisions.
2.0 Role of Subarea Transportation Boards
l . The Eastside Transportation Partnership (ETP) is the forum established for the East subarea
of King County for elected officials to provide advice into the following decisions:
a. The King County Metro six year transit development plan, and implementation of
transit service priorities
b. Sound Transit plans and implementation of projects and services
2. The ETP may also provide input on other countywide and regional transportation issues.
3. The three subarea transportation boards shall hold at least one joint meeting annually to
address issues of mutual interest and concern and promote regional decisions.
2
3.0 Voting and Non -voting Members
3.1 The voting members of ETP and their voting rights shall be as follows:
Voting Members
Number of Reps.
Vo ing Rights
Sound
Transit'
Metro
Transit2
Regional
Competition 3
Other
Bellevue
2
Yes
Yes
Yes
Yes
Bothell
2
Yes
Yes
Yes
Yes
Kirkland
2
Yes
Yes
Yes
Yes
Issaquah
2
Yes
Yes
Yes
Yes
Mercer Island
2
Yes
Yes
Yes
Yes
Newcastle
2
Yes
Yes
Yes
Yes
Redmond
2
Yes
Yes
Yes
Yes
Renton
2
Yes
No
Yes*
Yes
Kenmore
2
Yes
Yes
Yes
Yes
Sammamish
2
Yes
Yes
Yes
Yes
Woodinville
2
Yes
Yes
Yes
Yes
Small Cities Coalition
2 shared
Yes
Yes
Yes
Yes
Sno ualmie Valley Cities
2 shared
No
Yes
Yes
Yes
King County
, 3
Yes
Yes
Yes
Yes
Snohomish County
1
No
No
No
Yes
3.2 The non -voting members of ETP shall be as follows:
Non -Voting Member
Number of Representatives
Sound Transit
1
PSRC
1
WSDOT
1
TIB
1
Community Transit
1
Port of Seattle
1
Washington State Transportation Commission
1
Eastside Transportation Choices Coalition
1
Eastside Transportation Association
1
3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound
Transit capital and service plans and implementation, Metro Transit service plans, and identification
of projects for the regional competition, if prescribed by the process approved by the King County
caucus of the Transportation Policy Board. The results shall be recorded by jurisdiction.
1 Recommendations on Sound Transit capital and service plans and implementation
2 Recommendations on Metro Transit service plans
3 Identification of projects for the regional competition, if prescribed by process approved by the King County members of the
Transportation Policy Board (*projects in Renton north of the Cedar River)
4 Other recommendations including
• Recommendations to the PSRC on plans, policies and programs, such as input on alternatives, policies and criteria for the
regional transportation plan; on studies and analyses conducted; on criteria; on funding policies; and on regional priorities.
• Recommendations to the State Legislature, committees and commissions established by the Legislature, such as input on
proposed legislation; on recommendations from commissions; and on transportation budgets and priorities.
• Recommendations to WSDOT on projects, policies, programs, priorities and funding, such as input on alternatives, funding,
and priorities for major corridors; on tolling; on transportation demand management; on Commute Trip Reduction; on active
traffic management; and on state transportation plans.
• Recommendations to the State Transportation Commission, such as input on policies regarding tolling, preservation, capacity
improvements and funding.
• Recommendations to the federal delegation on federal legislation, such as input on reauthorization; and on funding priorities.
3
4.0 Representation and Conduct
4.1 The representation on the Eastside Transportation Partnership (ETP) shall be as follows:
1. Elected officials appointed for a one-year term from each of the participating counties and
cities, in the number specified above. King County representation shall be a maximum of two
Councilmembers and the King County Executive or his designee. Snohomish County
representation shall be the Snohomish County Executive or his designee.
2. High level staff from WSDOT, Community Transit, the Port of Seattle and the PSRC; an East
King subarea board member of Sound Transit; the Director of the TIB; and a representative
designated by the Washington Transportation Commission.
3. A representative of a private sector group or groups as determined by ETP.
4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place
of designated voting representatives in the absence of the designated representative.
4.3 On an annual basis, member jurisdictions shall inform the Lead Agency in writing of its
representatives and alternates and provide the appropriate contact information for each.
4.4 The ETP will be responsible for overall program direction, approving Technical Advisory
Committee recommendations and providing direction for input on transportation decisions
4.5 The ETP may establish its own bylaws and rules of procedures and may modify these as
appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and
modifications to such bylaws and rules will not alter this Agreement.
4.6 The ETP may establish subcommittees as it determines appropriate.
4.7 With a simple majority of voting members as shown in Section 3.1, the ETP can adopt
resolutions, authorize correspondence, request studies, or provide other advisory input to member
jurisdictions or regional and state activities, including plans policies, programs, projects or legislative
issues.
4.8 Any voting member may request that a minority statement be included in communications or
otherwise distributed with the adopted majority position.
5.0 Chair and Vice Chair
5.1 The chair and vice chair of ETP shall be representatives of a member county or city located
within the subarea's geographic boundaries. The chair and vice chair shall be elected by a majority of
the voting representatives from jurisdictions within the subarea's geographic boundaries.
5.2 The chair and vice chair shall be nominated by a nominating committee established in
November of each year, and nominated in December of each year.
5.3 The chair and vice chair shall serve a term of one year from February 1 through January 31 of
the following year.
.19
5.4 The chair and the vice chair shall conduct the ETP activities within adopted procedures and
guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair
opportunity for discussion, signing correspondence, and speaking on behalf of the ETP.
6.0 Technical Advisory Committee (TAC)
6.1 Each member jurisdiction or agency shall appoint at least one planning, public works and/or
intergovernmental staff person to the Technical Advisory Committee (TAC). Private sector groups
shall not participate in TAC activities. Each member jurisdiction and agency is expected to contribute
such staff as is necessary to accomplish the work program adopted by the ETP.
6.2 The TAC shall provide technical assistance as requested by the ETP and shall advise the ETP
and their respective members on emergent transportation issues, and be responsible for overall
program development including drafting of the work program. The TAC shall also review consultant
work, and coordinate its activities with adjacent jurisdictions, including the other subarea
transportation forums.
6.3 When appropriate, the TAC will make recommendations for consideration of the ETP. The
TAC's recommendations shall be arrived at by consensus of a majority of the TAC members present.
If the Technical Advisory Committee is unable to reach consensus on a particular issue, TAC members
may present discussion questions or a dissenting opinion to the ETP for consideration.
7.0 Lead Agency
7.1 King County will be the lead agency for the purposes of receipt of funds, contract
administration, and disbursement of funds associated with consultant contracts and study -related
expenses. King County shall appoint a staff member to serve as Project Manager for special projects.
King County shall also provide general administrative and program support for the ETP. King County
assumes wage and benefits cost of its staff performing Lead Agency responsibilities.
7.2 Lead Agency responsibilities include administrative and technical support for meetings and
ongoing operations; collection, administration and distribution of dues; support to the chair and vice
chair; preparation of correspondence and other materials; development and monitoring of work
program; and coordination of consultant services or other special projects as directed by the ETP.
8.0 Annual Work Program
The ETP may undertake activities consistent with its purposes and shall prepare an annual progress
report and work program for the following year for submittal to its members.
9.0 Financing and Cost Sharing Guidelines
9.1 Yearly Dues -- Each member city will contribute $100.00 annually per vote awarded to remain
members in good standing. The designated Lead Agency shall not be required to pay yearly dues.
This revenue shall be used for special events, including an annual joint meeting of the subarea
transportation boards, public education, or other expenses authorized by the ETP.
5
9.2 The following guidelines shall generally apply:
I . Annual Review of Financing: The ETP shall determine by June 30 of each year whether an
additional financial contribution will be requested of the ETP jurisdictions.
2. Voting Members: If additional financial contributions are determined to be necessary, costs
shall be shared among member jurisdictions other than King County by a method as determined
by action of the ETP. Unless agreed to otherwise, King County's share shall be limited to the
costs of providing staff support.
3. Non -voting Members: The member agencies shall not be expected to make a direct funding
contribution.
4. Modification to Agreement Required: A modification to this agreement specifying cost -
sharing, purpose, scope of work and other details is required to obligate a member jurisdiction
to funding participation.
10.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to all of the other parties at least thirty (30) days in advance of the effective date of the withdrawal. A
withdrawing party shall not be entitled to a refund of any payments to ETP but shall make any
contributions required to be paid to other parties under this Agreement for costs which had been
obligated prior to the effective date of the withdrawal. In the event a party withdraws, the remaining
parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and
revenue allocations. In the event of withdrawal by a party, this Agreement shall terminate as to that
party but shall continue in effect with respect to the remaining parties. However, the termination of
this Agreement with respect to one or more parties shall not affect any of the parties' rights or
obligations, including any rights or obligations of a withdrawing party, that are expressly intended to
survive termination.
Each party's funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party's governing body of sufficient funds to support
said obligations. Should such an appropriation not be approved for a future year, a party may exercise
its right to withdraw as provided herein.
11.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
all the tasks have been completed to the satisfaction of the ETP or until such time as the participating
members choose to conclude the program for other reasons, but in no case shall the program extend
beyond December 31, 2012, unless terminated earlier or extended in accordance with Section 11.0. If
all parties desire to extend this Agreement beyond December 31, 2012, they shall execute a Statement
of Extension. In no event shall the Agreement be extended beyond December 31, 2014.
12.0 Termination
All parties to this Agreement must agree to terminate this Agreement in order for such termination to
be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
0
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 13.0.
13.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement
expires or is terminated in accordance with Section 11.0, any personal property other than cash shall
remain with the Lead Agency.
14.0 Return of Funds
At such time as this Agreement expires or is terminated in accordance with Section 11.0, any
unexpended and uncommitted funds shall be distributed proportionately to those parties to this
Agreement at the time of termination based on each party's percentage share of the original
contribution.
15.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
16.0 Legal Relations
16.1 The parties shall comply with all applicable state and federal laws and regulations.
16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents
of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees of any other party.
16.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first
party, its contractor, and/or employees, agents, and representatives in performing the first party's
obligations under this Agreement. The parties agree that their obligations under this paragraph extend
to claims made against one party by the other party's own employees. For this purpose, the parties, by
mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise
be available against such claims under the industrial insurance provisions of RCW Title 51. In the
event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this
section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing
party.
16.4 The provisions of this Section 16 shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal from this Agreement.
7
17.0 Entirety and Modifications
17.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between
the parties.
17.2 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
18.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer
or representative as of the date set forth below its sienature.
Town of Beaux Arts Village
City of Bellevue
City of Bothell
By:
By:
By:
Date:
Date:
Date:
City of Carnation
City of Clyde Hill
City of Duvall
By:
By:
By:
Date:
Date:
Date:
City of Hunts Point
City of Issaquah
City of Kenmore
By:
By:
By:
Date:
Date:
Date:
City of Kirkland
City of Medina
City of Mercer Island
By:
By:
By:
Date:
Date:
Date:
City of Newcastle
City of North Bend
City of Redmond
By:
By:
By:
Date:
Date:
Date:
City of Renton
City of Sammamish
City of Snoqualmie
By:
By:
By:
Date:
Date:
Date:
City of Woodinville
City of Yarrow Point
By:
By:
Date:
Date:
Community Transit
Eastside Transportation Association
Eastside Transportation Choices
Coalition
By:
By:
By:
Date:
Date:
Date:
King County
Port of Seattle
Puget Sound Regional Council
By:
By:
By:
Date:
Date:
Date:
Snohomish County
Sound Transit
Transportation Improvement Board
By:
By:
By:
Date:
Date:
Date:
Washington State Department of
Washington State Transportation
Transportation
Commission
By:
By:
Date:
Date:
Exhibit A (map of subarea) attached
Exhibit A
East King County Subarea 2008
0
East King Subarea
Eastside Transportation Partnership (ETP)
®
SCATBD and ETP
®
SeaShore and ETP
The Intonation included on this map has been compiled by King
County stall from n variety of sources and is subject to change •
without notice. County makes no representations King County
ETP Boundary
wananties, expressed a implied, as to accuracy, completeness,
else
, _
timeliness or rights to the use of such information. King County shall
not be liablefor any general, special, indirect, incidental, or
Cedar River
consequential damages including, but not knifed to. lost revenues 0 0.51 2 3 4 or lost profits resulting from the use or misuse of the information
contained on this map. Any sale of this map or information on this Miles
Roads
map is prohibited except by written permission of King County.
DRAFT RESOLUTION for ETP Member Jurisdictions and Agencies to Use to
Approve the 2009-2012 ETP Agreement
A resolution supporting the continuation of the Eastside Transportation Partnership (ETP)
as the East King County forum for information sharing, consensus building and
coordinating to provide advice on regional transportation issues and approve continued
participation by the City of 1 (agency)/_ County
WHEREAS, the East King County subarea has been involved in multijurisdictional
transportation planning to develop coordinated plans for transportation improvements and
programs for this area; and
WHEREAS, these plans have been approved and efforts continue to be made to work
cooperatively to implement the recommended projects; and
WHEREAS, the ETP has been an effective forum for information sharing, consensus
building and providing valuable input on transportation planning and implementation
decisions; and
WHEREAS, the ETP recognizes the need to coordinate with its regional partners to
address issues that cross subarea and county boundaries;
WHEREAS, the City of /agency/_ County has participated as a member,
NOW, THEREFORE, BE IT RESOLVED that
The City of /agency/ County hereby approves the 2009-2012 Interlocal
Agreement (attached) to continue to participate in the Eastside Transportation
Partnership, including identifying representatives and providing dues, and authorizes
to enter into this Interlocal Agreement.
Date
_(signed) (signed
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO
THE 2009-2012 EASTSIDE TRANSPORTATION PARTNERSHIP
AGREEMENT.
WHEREAS, the Eastside Transportation Partnership (ETP) is the East King County
forum for information sharing, consensus building, coordinating to provide advice on regional
transportation issues and implementation decisions; and
WHEREAS, the East King County subarea has been involved in multijurisdictional
transportation planning to develop coordinated plans for transportation improvements and
programs for this area; and
WHEREAS, these plans have been approved and efforts continue to be made to work
cooperatively to implement the recommended projects; and
WHEREAS, the ETP recognizes the need to coordinate with its regional partners to
address issues that cross subarea and county boundaries; and
WHEREAS, the City of Renton has participated as a member;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The City of Renton hereby approves the 2009-2012 Interlocal
Agreement to continue to participate in the Eastside Transportation Partnership, including
identifying representatives and providing dues, and authorizes the Mayor and City Clerk to enter
into this Interlocal Agreement.
1
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of , 2009.
APPROVED BY THE MAYOR this
Approved as to form:
Lawrence J. Warren, City Attorney
RES. I 392 :1 / 13 /09 : scr
Bonnie I. Walton, City Clerk
day of , 2009.
Denis Law, Mayor
2
CITY OF RENTON COUNCIL AGENDA BILL
>ubmitting Data: Public Works Department For Agenda of:
Dept/Div/Board.. Transportation Systems Division January 26, 2009
Staff Contact...... Ryan Zulauf, Airport Manager, Agenda Status
(ext 7471)
BHC, Inc. Ground Lease Rate Increase
Issue Paper
Addendum to LAG 93-004
Consent .............. X
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business....... X
Study Sessions......
Information........ .
Recommended Action: Approvals:
Legal Dept......... X
Council Concur Finance Dept......
Other ...............
Human Resources/Risk Mgmt X
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated......... $9,365.47
Total Project Budget City Share Total Project..
BHC, Inc. leases approximately 48,778.51 square feet of ground space at the Airport at a rate of
$0.378 per square foot. Its lease expires in 2019, and allows for a lease rate adjustment every five
years (October 28, 2008 through October 28, 2013), using a means other than the Consumer Price
Index -Urban. In 2007, Allen Brackett Shedd determined that the fair market lease rate for the
Airport was $0.57 per square foot per year, for all leased areas. This is an increase in BHC, Inc.'s
lease rate of $0.192 per square foot per year, or an increase of $9,365.47 per year in additional
Airport revenue. BHC, Inc.'s annual ground lease payment to the City will now be $27,803.46,
not including leasehold taxes.
TI
Approve a lease rate increase using a recent market appraisal, and authorize the Mayor and
City Clerk to sign the addendum to BHC, Inc.'s lease LAG 93-004.
C:\Documents and Settings\BWalton\Local SettingsUemporary Internet Files\Content.Outlook\X7DZYLJNA\revised ag bill BHC Rate
Increse.doc
PUBLIC WORKS DEPARTMENT
+( M E M O R A N D U M
DATE: January 26, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor/
FROM: Gregg Zimmerman(;Administrator
STAFF CONTACT: Ryan Zulauf, Airport Manager (extension 7471)
SUBJECT: BHC, Inc. Ground Lease Rate Increase
ISSUE:
Should Council approve an increase in the ground lease rate using a recent market
appraisal, and authorize the Mayor and City Clerk to sign an addendum to
BHC, Inc.'s lease LAG 93-004?
RECOMMENDATION:
Approve a lease rate increase using a recent market appraisal, and authorize the
Mayor and City Clerk to sign the addendum to BHC, Inc.'s lease LAG 93-004.
BACKGROUND SUMMARY:
In June 2007, the Airport contracted with Allen Brackett Shedd to conduct an
independent market appraisal of all Airport leased areas. The result was a suggested
increase in the ground lease rate to a fair market value of $0.57 per square foot per year
for all ground leases on the Airport.
BHC, Inc. leases approximately 48,778.51 square feet of space on the Airport, known as
the 850 Building. Addendum 3-04, to BHC, Inc.'s lease LAG 93-004, states that, "either
party shall, if they desire to adjust the base land rental rate for the ensuing five year
period by a means other than the Consumer Price Index -Urban, provide to the other party
a written request for readjustment of the rental rate..." On February 26, 2008, BHC, Inc.
was notified by certified letter that the lease rate would be readjusted using a means other
than the Consumer Price Index -Urban during the next readjustment period, effective
October 28, 2008.
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
January 26, 2009
BHC, Inc.'s ground lease rate will be increased from $0.378 to $0.57 per square foot per
year for the 48,778.51 square feet of leased area. This provides additional revenue for the
Airport in the amount of $9,365.47, per year. This ground lease rate will be effective
October 28, 2008 through October 28, 2013.
cc: Peter Hahn, Deputy PW Administrator — Transportation
Bonnie Walton, City Clerk
Ryan Zulauf, Airport Manager
Connie Brundage, Transportation Administrative Secretary
Susan Campbell-Hehr/Carolyn Currie, Airport Secretary
hAfile sys\a r - airport, transportation services division\03 projects\01 tasks\agenda bills\agenda bill - bhc lease increase 2008\issue paper market rate increase.doc
LAG 93-004
Addendum
ADDENDUM TO LEASE AGREEMENT
(City of Renton to BHC, Inc.)
THIS ADDENDUM to Lease Agreement LAG 93-004 is effective as of the date of
execution by the City of Renton, as indicated on the last page of this addendum.
RECITALS:
WHEREAS, BHC, Inc. has a Lease Agreement with the City of Renton, LAG-93-004,
executed on October 28, 1993; and \
WHEREAS, on October 28, 2003, the land rental rate for the approximately 48,778.51
square feet of land area leased by BHC, Inc. was determined to be $0.378 per square foot per
year and continuing until October 28, 2008; and
WHEREAS, in June 2007, the Airport contracted with Allen Brackett Shedd to conduct
an independent market appraisal of all Airport leased areas to determine that the fair market
value is $0.57 for all ground leases on the Airport; and
WHEREAS, .on February 26, 2008, the Lessee was notified that the lease rate would be
readjusted using a means other than the Consumer Price Index -Urban; and
WHEREAS, on October 28, 2008, and for the ensuing five (5) year period, the land
rental rate will be adjusted, using the 2007 Market Appraisal, to a rate of $0.57 per square foot
per year for the 48,778.51 square feet of leased area, resulting in an annual rental amount of
$27,803.75 (48,778.51 sq. ft. x $0.57 per square foot, per year) plus Leasehold Excise Tax,
and continuing until October 28, 2013.
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND
BET WEEN THE CITY 0E RENTON AND BHC, INC., AS FOLLOWS:
WITNESSETH:
1. The Lessor and Lessee do hereby agree to an annual land rent of $27,803.75, for the
48,778.51 square feet identified in lease agreement LAG 93-004.
2. Lessor and Lessee do hereby agree that the annual rent shall remain in effect until
October 28, 2013, and effective as of that date, and for each five (5) year period thereafter, the
rental rate shall automatically be readjusted by and between the parties as specified in
paragraph 3 of the lease, utilizing the increase of the Consumer Price Index. Minimum base
rental for any extended period shall not be less than the current annual rental of $27,803.75.
LEASE AGREEMENT 93-004
City of Renton to BHC, Inc.
LAG 93-004
Addendum
3. Lessor and Lessee do hereby further agree that the Consumer Price Index
information to be used for rental adjustments shall be the Consumer Price Index -Urban (CPI-
U) then in effect for all urban consumers, as published by the US Department of Labor for the
Seattle -Tacoma Metropolitan Area.
4. Lessor and Lessee do further agree to the use of a 2007 Market Appraisal,
performed by Allen Brackett Shedd, as the basis for establishing a fair market rate.
5. Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the
Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for
the ensuing five (5) year period by a means other than the Consumer Price Index -Urban,
provide to the ather party a ivritten request for readjustment .of the rental rate pursuant to
RCW 14.08.120(5):
6. All other terms and conditions of the original Lease Agreement shall remain in full
force and effect.
BHC, INC
A Washington Corporation
CITY OF RENTON
a Municipal Corporation
Denis Law
Mayor
Bonnie. Walton,
City Clerk
Date
Approved as to legal form
City Attorney
LEASE AGREEMENT 93-004
City of Renton to BHC, Inc.
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Public Works
Dept/Div/Board.. Utility Systems/Water Utility
Staff Contact...... Abdoul Gafour (ext. 7210)
Helen Weagraff (ext. 7287)
Subject:
Consultant Agreement with Portland Energy
Conservation, Inc. for 2009 WashWise Rebate Program
Exhibits:
Issue Paper
Consultant Agreement
Recommended Action:
Council Concur
`
AI 4.
For Agenda of:
January 26, 2008
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
X
Approvals:
Legal Dept. X
Finance Dept...... X
Other ...............
Fiscal Impact:
Expenditure Required $30,314.00 Transfer/Amendment
Amount Budgeted $40,000.00 (2009 Budget) Revenue Generated
Total Project Budget $40,000.00 City Share Total Project $30,314.00
Acct.#
425.000000.018.5950.0034.63.u55200
SUMMARY OF ACTION:
The Water Utility requests Council's approval of the consultant agreement with Portland Energy
Conservation, Inc. (PECI), in the amount of $30,314.00, to continue the implementation of the 2009
WashWise rebate program to the City's residential water customers who purchase resource -efficient
clothes washing machines in support of the City's water conservation efforts.
STAFF RECOMMENDATION:
Approve and execute the consultant agreement with PECI, in the amount of $30,314.00, for the
implementation of the 2009 WashWise clothes washing machines rebate program in Renton.
HAFile Sys\WTR - Drinking Water Utility\WTR-25 - Water Dept Public Relations\WashWiseRebateProgram\PECI-contract-2009Wgenda-Bill WashWise-
2009.doc\AGaw
PUBLIC WORKS DEPARTMENT
♦URR,H, M E M O R A N D U M
\N,v0
DATE: January 15, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: _ J� Denis Law, Mayor
FROM: Gregg Zimmermat Zministrator
STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Supervisor, (ext. 7210)
Helen Weagraff, Aquifer Protection Specialist, (ext. 7287)
SUBJECT: Consultant Agreement with Portland Energy Conservation,
Inc. for 2009 WashWise Rebate Program
ISSUE:
Should Council approve the consultant agreement with Portland Energy Conservation,
Inc. (PECI), in the amount of $30,314.00, to continue the implementation of the
WashWise rebate program in 2009 to the City's residential water customers who
purchase resource -efficient clothes washing machines in support of the City's water
conservation efforts?
RECOMMENDATION:
Approve and execute the consultant agreement with PECI, in the amount of $30,314.00,
for the implementation of the 2009 WashWise clothes washing machines rebate program
in Renton.
BACKGROUND SUMMARY:
To comply with the Municipal Water Law and Water Use Efficiency Rule (WAC 246-
290), the Water Utility needs to continue to implement its water conservation program
and water use efficiency measures.
In 2007 and 2008, Council approved contracts with PECI to implement the WashWise
rebate program. WashWise is a water conservation financial incentive program with a
goal to stimulate wider public acceptance of resource -efficient clothes washers to help
stretch existing water resources and energy supplies. Currently, Puget Sound Energy
(PSE), Seattle Public Utilities, and 27 of Renton's neighboring cities and water districts
participate in the WashWise program, which is managed by Portland Energy
Council/2009 WashWise Consultant Agreement
January 15, 2009
Page 2 of 2
Conservation, Inc. By participating with the WashWise program, the City and PSE will
each share half of the rebate payouts.
WashWise program offers rebates of $50.00, $75.00, or $100.00 for the purchase and
installation of qualified energy and water -saving clothes washers in residential homes.
The more energy and water the washer saves, the higher the rebate, and the average
savings is 14 gallons per machine per day. In 2008, PECI received 368 qualified
applications for rebates from City's residential water customers with an estimated water
saving was 3.05 million gallons. Savings in water consumption from the implementation
of the 2009 WashWise rebate program is estimated at 3.33 million gallons.
The 2009 total cost of $30,314.00 includes:
• PECI's cost to administer and process the WashWise rebate program at $32.00 per
rebate request. In 2009, the Water Utility anticipates to receive about 402 rebate
requests for an estimated total administrative cost of $12,864.00.
• Actual rebate payouts to qualified water customers estimated at $17,450.00.
Professional services and deliverables to be provided by PECI under the consultant
agreement include:
• Program setup and implementation, and production and delivery of promotional
materials to all washing machine retailers.
• Development and distribution of mail -in printed rebate forms to all retailers and for
placement on City's web site.
• Field training of the City's staff and retailers involved in the program.
• Provide a toll -free phone line to respond to questions about the program.
• Verification of rebate eligibility and submitted rebate forms, and issuance of checks
for rebates to qualified residential customers within 10 working days of receipt of the
request.
The Water Utility has budgeted sufficient funds in the 2009 budget for Water Operations
Professional Services and in the Capital Improvement Program for water conversation
implementation (account no. 425.000000.018.5950.0034.63.u55200).
CONCLUSION:
The Water Utility needs to continue the implementation of the WashWise rebate program
to promote City's water conservation measures and to comply with the Municipal Water
Law and Water Use Efficiency Rule. Council's approval of the contract with Portland
Energy Conservation, Inc., is necessary to implement the 2009 WashWise rebate
program.
cc: Lys Hornsby, Utility Systems Director
File
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ENGINEERING
ANNUAL CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into on this , day of , 2009, by and between the
CITY OF RENTON, WASIHNGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE
"CITY," and Portland Energy Conservation, Inc. ("PECI") whose address is 1400 SW 5th Ave, Suite 700,
Portland, OR 97201, at which work will be available for inspection, hereinafter called the "CONSULTANT."
PROJECT NAME: WashWise Rebate Program 2009
WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a
reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance
of a qualified professional consulting firm to do the necessary engineering work for the project, and
WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full
compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid
corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and
that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to
which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on
staff or readily available to Consultant to staffthis Agreement.
WHEREAS, the Consultant has indicated that ;it desires to do the work set forth in the Agreement upon the terms
and conditions set forth below.
NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below,
the parties hereto agree as follows:
SCOPE OF WORK
The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally
trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work,
which is attached hereto and incorporated into this Agreement as though fully set forth herein.
The Consultant shall perform all work described in this Agreement in accordance with the latest edition and
amendments to local and state regulations, guidelines and policies.
The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass
judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor
changes, amendments or revisions in the detail of the work as may be required by the City. This item does not
constitute an "Extra Work" item as related in Section VIII of the Agreement.
The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held
responsible for the accuracy of the work, even though the work has been accepted by the City.
II
DESIGN CRITERIA
The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent
feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations,
guidelines, and specifications, including, but not limited to the following:
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1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA),
"Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton
Standard Specification.
2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction."
3. Washington State Department of Transportation, "Highway Design Manual."
4. American Association of State Highway and Transportation Officials, "Standard Specifications for
Highway Bridges."
5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2."
6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic
analysis as described in item 14.
7. Washington State Department of Transportation, "Materials Laboratory Outline."
8. Transportation Research Board, "Highway Capacity Manual."
9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic
Control Devices for Streets and Highways."
10. Washington State Department of Transportation, "Construction Manual."
11. Washington State Department of Transportation, "Local Agency Guidelines."
12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all
cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be
used as they pertain.
13. Metro Transit, design criteria.
14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4,
and 5.
15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of
Highways and Streets."
III
ITEMS TO BE FURNISHED TO THE CONSULTANT
BY THE CITY
The City will furnish the Consultant copies of documents which are available to the City that will facilitate the
preparation of the plans, studies, specifications, and estimates within the limits of the assigned work.
All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with
other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for
this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant
all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the
accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the.
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Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated
to perform any such field studies.
IV
OWNERSHIP OF PRODUCTS AND
DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the
Consultant to the City upon completion of the various phases of the work. All such material, including working
documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain
the property of the City and may be used by it without restriction. Any use of such documents by the City not
directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any
liability whatsoever to the Consultant.
All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow
symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be
printed on both sides of the recycled paper, as feasible.
V
TIME OF BEGINNING AND COMPLETION
The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion,
attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to
be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are
beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until
authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance
of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall
prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for
its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as
otherwise herein.
Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion
of thework may be considered a cause for renegotiation or termination of this Agreement by the other party.
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V1
PAYMENT
The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided
hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed
or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work. All billings for compensation for work performed under this Agreement will list actual time (days and/or
hours) and dates during which the work was performed and the compensation shall be figured using the rates in
Exhibit C. Payment for this work shall not exceed $ 30,314.00 without a written amendment to this contract, agreed -
to and signed by both parties.
Cost Plus Net Fee
Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost
includes direct salary cost, overhead, and direct non -salary cost.
The direct salary cost is the salary expense for professional and technical personnel and principals for the
time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The
direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this
Agreement.
The overhead costs as identified on Exhibit C are determined as 175 percent of the direct salary cost and
by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently
available accounting information and shall be used for all progress payments over the period of the
contract.
The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement,
including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants.
The direct non -salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non -salary
costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants
and services shall be on the basis of 1.05 times the invoiced amount.
4. The net fee, which represents the Consultants profit shall be 10 percent of direct salary plus overhead
costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a
supplemental agreement is entered into for additional work by the Consultant, the supplemental
agreement will include provision for the added costs and an appropriate additional fee. The net fee will
be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the
Consultant's monthly progress reports and approved by the City. Any portion of the net fee not
previously paid in the monthly payments shall be included in the final payment, subject to the provisions
of Section XI entitled TERMINATION OF AGREEMENT.
5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by
detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the
Consultant based on the estimated percentage of the completion of the services to date. Final payment of
any balance due the Consultant of the gross amount earned will be made promptly upon its verification
by the City after completion and acceptance by the City of the work under this Agreement. Acceptance,
by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or
claimed to be due.
Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at
the time extra work is authorized. (Section VIII "EXTRA WORK").
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A short narrative progress report shall accompany each voucher for progress payment. The report shall include
discussion of any problems and potential causes for delay.
To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee
interviews.
Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to
this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in
writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however,
be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with
respect to such claims.
The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years
after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing
upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention
period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved. The three-year retention period starts when the Consultant receives final payment.
VII
CHANGES IN WORK
The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary
to correct errors appearing therein, when required to do so by the City, without additional compensation.
Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This
work shall be considered as Extra Work and will be paid for as provided in Section VIII.
VIII
EXTRA WORK
The City may desire to have the Consultant perform work or render services in connection with the Project in
addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be
considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope
thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to
whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is
undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim
by the Consultant for compensation as Extra Work.
IX
EMPLOYMENT
The Consultant warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award
or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
Any and all employees of the Consultant, while engaged in the performance of any work or services required by the
Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any
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and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so
engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part
of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall
be the sole obligation and responsibility of the Consultant.
The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been at any time during the period of this contract, in the
employ of the City except regularly retired employees, without written consent of the City.
If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical,
or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement
and interview process.
X
NONDISCRIMINATION
The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services
because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a
bona fide occupational qualification with regard to, but not limited to the following: employment upgrading;
demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms
of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it
violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the
Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made
satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely.
XI
TERMINATION OF AGREEMENT
A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days
written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with
subparagraphs C and D below.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory
personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the
work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar
to renegotiations of this Agreement between surviving members of the Consultant and the City, if the
City so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving
members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment
shall be made as set forth in Subsection C of this section.
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C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a
final payment shall be made to the Consultant for actual cost for the work complete at the time of
termination of the Agreement, plus the following described portion of the net fee. The portion of the net
fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete
is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same .
basis as above for any authorized extra work completed. No payment shall be made for any work
completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the
accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount
that would be due as set forth herein above, then no final payment shall be due and the Consultant shall
immediately reimburse the City for any excess paid.
D. In the event the services of the Consultant are terminated by the City for fault on the part of the
Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid
shall be determined by the City with consideration given to the actual costs incurred by the Consultant in
performing the work to the date of termination, the amount of work originally required which was
satisfactorily completed to date of termination, whether that work is in a form or of a type which is
usable to the City at the time of termination, the cost to the City of employing another firm to complete
the work required and the time which may be required to do so, and other factors which affect the value
to the City of the work performed at the time of termination. Under no circumstances shall payment
made under this subsection exceed the amount which would have been made if the formula set forth in
subsection C above had been applied.
E. In the event this Agreement is terminated prior to completion of the work, the original copies of all
Engineering plans, reports and documents prepared by the Consultant prior to termination shall become
the property of the City for its use without restriction. Such unrestricted use not occurring as a part of
this project, shall be without liability or legal exposure to the Consultant.
F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of
any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for
failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the
Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act
or omission by the Consultant.
XII
DISPUTES
Any dispute concerning questions of facts in connection with work not disposed of by agreement between the
Consultant and the City shall be. referred for determination to the Director of Planning/ Building/Public Works or
his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this
Agreement.
In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this
Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of
Washington, situated in King County.
XIII
LEGAL RELATIONS
The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the
work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws
of Washington.
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The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and
shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part
from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall
require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based
upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by
or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents,
officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be
valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or
employees except as limited below.
The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in
the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the
City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord
Certification Form prior to the execution of the contract.
The City of Renton will be named as Additional Insured(s) on (CONTRACTOR'S) policy, with that coverage being
primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be
provided to the City.
The limits of said insurance shall not, however, limit the liability of Consultant hereunder.
All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City.
The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all
required coverages in full force and effect during the life of this project, and a minimum of forty five days' written
notice shall be given to the City prior to the cancellation of any policy.
The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30
days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved
by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes
in insurance coverage has occurred, only the Certification Form will be required.
The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current
City of Renton business license while conducting work for the City. The Consultant shall require, and provide
verification upon request, that all subconsultants participating in a City project possess a current City of Renton
business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to
conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent
contractor.
It is further specifically and expressly understood that the indemnification provided herein constitute the
Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this agreement.
XIV
SUBLETTING OR ASSIGNING OF CONTRACTS
The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of
the City.
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XV
ENDORSEMENT OF PLANS
The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data
furnished by them in accordance with RCW 18.43.070.
XVI
COMPLETE AGREEMENT
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement.
No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable
for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment
to this Agreement.
The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof,
and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
XVII
EXECUTION AND ACCEPTANCE
This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials
submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
CONSULTANT
Signature
type or print name
Title
CITY OF RENTON
Date Denis Law, Mayor
ATTEST:
Bonnie I. Walton, City Clerk
Date
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RESOLUTION NO. 3229
CITY OF RENTON
SUMMARY OF FAIR PRACTICES POLICY
ADOPTED BY RESOLUTION NO. 3229
It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to
ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic
background, gender, marital status, religion, age or disability, when the City of Renton can reasonably
accommodate the disability, of employees and applicants for employment and fair, non-discriminatory
treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines:
(1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related
activities included recruitment, selection, promotion, demotion, training, retention and
separation are conducted in a manner which is based on job -related criteria which does not
discriminate against women, minorities and other protected classes. Human resources
decisions will be in accordance with individual performance, staffing requirements, governing
civil service rules, and labor contract agreements.
(2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will
cooperate fully with all organizations and commissions organized to promote fair practices
and equal opportunity in employment.
(3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal
Employment Program will be maintained and administered to facilitate equitable
representation with the City work force and to assure equal employment opportunity to all. It
shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer,
department administrators, managers, supervisors, Contract Compliance Officers and all
employees to carry out the policies, guidelines and corrective measures set forth in the
Affirmative Action Plan and Equal Employment Program.
(4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and
suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair
Practices and Non-discrimination policies set forth by the law and in the City's Affirmative
Action Plan and Equal Employment Program.
Attest.
City Clerl
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cE
AFFIDAVIT OF COMPLIANCE
Portland Energy Conservation, Inc. ("PECI") hereby confirms and declares that
( Name of contractor/subcontractor/consultant/supplier)
I. It is PECI's policy to offer equal
( Name of contractor/subcontractor/consultant/supplier)
opportunity to all qualified employees and applicants for employment without regard to
the race, creed, color, sex, national origin, age, disability or veteran status.
II. PECI complies with all applicable federal,
( Name of contractor/subcontractor/consultant/supplier)
state and local laws governing non-discrimination in employment.
III. When applicable, PECI will seek out and
( Name of contractor/subcontractor/consultant/supplier)
negotiate with minority and women contractors for the award of
subcontracts.
Print Agent/Representative's Name and Title
Agent/Representative's Signature
Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier.
Include or attach this document(s) with the contract.
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EXHIBIT A - SCOPE OF WORK
CITY OF RENTON WASHWISE REBATE PROGRAM 2009
TASK 1: IMPLEMENTATION
Portland Energy Conservation Inc. (PECI) will conduct the following tasks for City of Renton in support of
a mail -in residential clothes washer customer purchase incentive. The incentive is designed to increase the
number of high efficiency clothes washers sold in the service area of City of Renton customers while
building retail relationships in the community and educating consumers on water and electric conservation
efforts within the region.
■ PECI will be available for communications with City of Renton through a specified point of contact.
This contact person will maintain regular communications with City of Renton throughout the program
and will be available to fulfill special requests.
■ PECI will produce promotional materials as needed, to be delivered to all retailers in coordination with
any in -field training for City of Renton staff. Retailer support materials include the following:
- Mail -in Rebate Forms — forms will be designed and printed for retail distribution and will be
provided in PDF format for placement on City of Renton's web site.
- Retailer Training Cards:
Instructions — with a listing and explanation of the required rebate fields, customer invoice
requirements, qualified models, promotion sale date parameters, zip -code qualifications, and serial
number verification. Submittal instructions will also be included.
Qualified Models — a list of all qualifying models and the appropriate incentive amounts.
Contact information — contact sheet will include a direct point of contact at PECI to answer
questions regarding rebate processing, materials reorder and other program information.
■ Program training will be offered to train utility personnel who may be conducting retailer visits and
delivering retailer materials. Coupled with this training will be a series of site visits to key retailers to
offer additional training. Wherever possible, updated retail materials will be delivered by hand and
training initiated at that time.
■ City of Renton customers and retailers will have access to a toll free contact line. The line enables
retailers to call toll free to order more materials or ask questions. Customers responding to calls
regarding missing information from their rebate forms will be able to respond toll free and resolve their
rebates quickly.
TASK 2: PROCESSING & PAYMENT
Receive, verify and date stamp the incoming rebate applications.
■ Verify rebate eligibility and information based on the following criteria:
- Copy of invoice — a copy of the customer invoice will be required to verify the validity of the
sales and purchase information.
- Qualified model — the model qualification will be based on the most current version of the
Qualified Model List.
- Date Sold —the sale date must be January 1, 2009 to December 31 S`,2009. Applications must
be received by March 15, 2010.
- Installation address and zip code — the installation address zip code will be verified with the
territory zip code list provided by City of Renton. If the customer lives in a zip code fully
December 18, 2008
2009 City of Reriton Appliarice Rebate PrograM Recommendation P I E C I I
serviced by City of Renton Members, the incentive will be automatically approved and
processed. Rebate applications for customers living in partially serviced zip codes will be
compiled into a list and forwarded to City of Renton for individual approval on a weekly basis.
City of Renton will approve the applications for rebate within three business days of receiving
the weekly list from PECI
- Serial number — the retailer must provide the machine serial number to prove that each sale is
unique. PECI will then set a default tool into the database to prevent duplication.
- Utility name and account number — the customer will be asked to provide the utility name and
account number. This number can be obtained from a utility bill or by calling the utility serving
the customer.
■ Enter information from the Rebate Form and accompanying invoice into the database and export to
accounting.
■ PECI will generate a check for each customer on a weekly basis. Checks will be written and mailed,
using first class postage, within 10 working days of receipt and verification of Rebate Forms.
■ A check letter will be sent with each rebate check mailed out to customers thanking them for and
enforcing their conservation choice.
■ For 2009 PECI changed the language on the applications to state that applications containing missing
information will be returned. Essentially, we hope to encourage quicker and increased redemption by
using this stricter guideline which is common in other types of rebate programs. All applications
containing missing information will be returned to the customer right away with a letter highlighting
what was missing and asking them to reapply.
■ PECI understands the necessity to reimburse customers promptly. This contract will require a cash
advance of two forecasted months for rebate funds to ensure that customers are paid in a timely manner.
TASK 3: DATA TRACKING, SUMMARY REPORT & INVOICING
■ PECI will customize a detailed database in Microsoft Access for processing rebate submittals and
tracking. The database will contain comprehensive information, enabling the program to track all
retailer and customer submittal information and provide up-to-date reports on units processed to date
through the program. The database will provide snapshot views of market activity in the City of Renton
territory.
■ Invoicing will be done on a monthly basis. The first invoice will request advance rebate funds projected
for two months. Invoices will be structured to request advance incentive funds projected for two
months and actual implementation and direct expenses for the prior month. The invoice will clearly
reconcile over and under estimates from the prior month cash on hand.
■ A detailed data report will be included with each monthly invoice. The data report will include
customer and model information for all rebates processed in the prior month.
TASK 4: MARKETING POINT OF PURCHASE MATERIALS
■ PECI will design and print point of purchase materials, including product clings, easel signs, posters and
bill stuffers. Materials will have a consistent look and feel in order to convey a cohesive design theme
for the program. Note: As some program materials have already been produced a limited portion will
be reprinted to include City of Renton logo.
■ All materials will be approved by City of Renton before final printing.
■ PECI will design and implement co -branded utility marketing promotions several times during the
program period. A fall theme will focus on October being energy efficiency month and a spring theme
will focus on Earth Day
2 Decernbe, 18, 2008
Task EXHIBIT B
City of Renton WashWise Rebate Program 2009
1 Program Setup & Implementation
2 Rebate Processing & Payment
3 Data Tracking, Summary Report, Invoicing
4 Marketing Point of Purchase Materials
Estimated contract start date (or upon City's issuance of notice to proceed)
Estimated contract completion date
Start
February 1, 2009
February 1, 2009
February 1, 2009
February 1, 2009
February 1, 2009
February 1, 2010
End
February 1, 2010
February 1, 2010
February 1, 2010
February 1, 2010
EXHIBIT C - COST ESTIMATE - WashWise Rebate Program 2009
2009 Implementation & Incentives Budget - Three Tiers
PECI Services -- Administative fees are charged on a $32 per unit fee
Management
Senior oversight of incentive process
Respond to City of Renton requests
Fulfill monthly reports and invoicing
Incentives
Database development
Receipt and review of rebates
Verification and data entry of rebates
Follow-up on rebate rejections
Maintenance of hotline and customer service
Accounting payment process
In-house retail communications and follow-up
Marketing
Oversight of design and production for POP materials
Oversight of design and production of Special Promotion materials
Field Support
Liason between retailer and utility requests and field personnel
On the ground labor, mileage and direct costs
Site visits to retail partners on a 7-9 week rotation
Attendance at marketing events and limited outreach
Delivery of new clothes washer rebate materials to retailers
Direct Marketing
Production of general POP including product clings, posters, counter cards etc
Implementation
Rebate form design and production
Check mail -out - postage, envelopes & checks
Retailer training card design and production
Shipping, phone, 800line, travel and misc. supplies
Shared Field Support Expenses
Projected Administrative Fees $12,864.00
Flat Administration Fee of $32 per unit 402 Units $12,864
Projected Incentives 402 $17,450.00
Clothes Washer Incentives c@ $50 (Paid at $25) 59 $1,475
Clothes Washer Incentives @ $75 (Paid at $37.50) 94 $3,525
Clothes Washer Incentives c@ $100 (Paid at $50) 249 $12,450
Note: AU City of Renton rebates would be shared with PSE or SCL
Total Cost $30,314.00
Total Projected Units 402
CITY OF RENTON COUNCIL AGENDA BILL
Al #: f d
Submitting Data: Public Works
For Agenda of.
Dept/Div/Board.. Utility Systems/Water Utility
January 26, 2008
Agenda Status
Staff Contact...... Abdoul Gafour (ext. 7210)
Carolyn Boatsman (ext. 7211)
Consent .............. X
Public Hearing..
Subject:
Consultant Agreement with Pacific Groundwater Group
Correspondence..
for Monitoring Well Repairs
Ordinance .............
Resolution............
Old Business........
New Business.......
Exhibits:
Consultant Agreement
Study Sessions......
Information.........
Recommended Action:
Approvals:
Council Concur
Legal Dept. X
Finance Dept...... X
Other ...............
Fiscal Impact:
Expenditure Required $44,018.00 Transfer/Amendment
Amount Budgeted $44,018.00 Revenue Generated
Total Project Budget $44,018.00 City Share Total Project $44,018.00
Acct. # 425.05310
SUMMARY OF ACTION:
The Water Utility requests the approval of a consultant agreement for engineering services with
Pacific Groundwater Group, in the amount of $44,018.00, to repair and improve monitoring wells in
the Cedar Valley Aquifer.
This project will repair damaged well components and install new battery -operated pumps to
replace existing hand -operated pumps. City staff does not have the expertise to repair the
monitoring wells. The new pumps will allow Water Utility staff to quickly sample the aquifer
during an emergency and to efficiently sample wells on a regular basis.
The completion of the Monitoring Well Repairs project will enable the Water Utility to use an
existing network of monitoring wells to take water quality samples from the Cedar Valley
Aquifer. Sample results can warn of contaminants moving toward production wells in time to
prevent contamination of the City drinking water supply.
Pacific Groundwater Group was selected from the 2009 Utility Systems Annual Consultant
Roster, based on its knowledge of the City's monitoring wells and the Cedar Valley Aquifer.
Funding for this contract will be from the Water Utility 2009 Capital Improvement Program
Water Quality Monitoring budget (425.u55310). There are sufficient funds in this account to
cover estimated costs.
STAFF RECOMMENDATION:
Approve and execute the consultant agreement with Pacific Groundwater Group, in the amount of
$44,018.00, to repair and improve monitoring wells in the Cedar Valley Aquifer.
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ENGINEERING
ANNUAL CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into on this , day of , 2009, by and between the CITY
OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and
Pacific Groundwater Group, whose address is 2377 Eastlake Ave. East, Seattle, WA 98102, at which work will be
available for inspection, hereinafter called the "CONSULTANT."
PROJECT NAME: Monitoring Well Repairs
WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a
reasonable time;and the City deems it advisable and is desirous of engaging the professional services and assistance
of a qualified professional consulting firm to do the necessary engineering work for the project, and
WHEREAS, the' Consultant has represented and by entering into this Agreement now represents, that it is in full
compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid
corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and
that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to
which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on
staff or readily available to Consultant to staff this Agreement.
WHEREAS, the''Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms
and conditions set forth below.
NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below,
the parties hereto agree as follows:
SCOPE OF WORK
The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally
trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work,
which is attached hereto and incorporated into this Agreement as though fully set forth herein.
The Consultant shall perform all work described in this Agreement in accordance with the latest edition and
amendments to local and state regulations, guidelines and policies.
The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass
judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor
changes, amendments or revisions in the detail of the work as may be required by the City. This item does not
constitute an "Extra Work" item as related in Section VIII of the Agreement.
The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held
responsible for the accuracy of the work, even though the work has been accepted by the City.
II
DESIGN CRITERIA
The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent
feasible, shall bedeveloped in accordance with the latest edition and amendments of local and State regulations,
guidelines, and specifications, including, but not limited to the following:
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Washington State Department of Transportation/American Public Works Association (WSDOT/APWA),
"Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton
Standard Specification.
2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction."
Washington State Department of Transportation, "Highway Design Manual."
4. American Association of State Highway and Transportation Officials, "Standard Specifications for
Highway Bridges."
Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2."
6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic
analysis as described in item 14.
7. Washington State Department of Transportation, "Materials Laboratory Outline."
Transportation Research Board, "Highway Capacity Manual."
U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic
Control Devices for Streets and Highways."
10. Washington State Department of Transportation, "Construction Manual."
11. Washington State Department of Transportation, "Local Agency Guidelines."
12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all
cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be
used:: as they pertain.
13. Metro Transit, design criteria.
14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4,
and 5.
15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of
Highways and Streets."
III
ITEMS TO BE FURNISBED TO THE CONSULTANT
BY THE CITY
The City will furnish the Consultant copies of documents which are available to the City that will facilitate the
preparation of the plans, studies, specifications, and estimates within the limits of the assigned work.
All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with
other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for
this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant
all data in City's,possession relating to Consultants services on the project. Consultant will reasonably rely upon the
accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the
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Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated
to perform any such field studies.
IV
OWNERSHIP OF PRODUCTS AND
DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the
Consultant to the City upon completion of the various phases of the work. All such material, including working
documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain
the property of the City and may be used by it without restriction. Any use of such documents by the City not
directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any
liability whatsoever to the Consultant.
All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow
symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be
printed on both sides of the recycled paper, as feasible.
V
TIME OF BEGINNING AND COMPLETION
The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion,
attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to
be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are
beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until
authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance
of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall
prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for
its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as
otherwise herein.
Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion
of the work may be considered a cause for renegotiation or termination of this Agreement by the other party.
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VI
PAYMENT
The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided
hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed
or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work. All billings for compensation for work performed under this Agreement will list actual time (days and/or
hours) and dates during which the work was performed and the compensation shall be figured using the rates in
Exhibit C. Payment for this work shall not exceed $ 44,022 without a written amendment to this contract, agreed to
and signed by both parties.
Cost Plus Net Fee
Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost
includes direct salary cost, overhead, and direct non -salary cost.
The direct salary cost is the salary expense for professional and technical personnel and principals for the
time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The
direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this
Agreement.
2. The overhead costs as identified on Exhibit C are determined as 103 percent of the direct salary cost and
by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently
available accounting information and shall be used for all progress payments over the period of the
contract.
The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement,
including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants.
The direct non -salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non -salary
costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants
and services shall be on the basis of times the invoiced amount.
4. The net fee, which represents the Consultants profit shall be 10 percent of direct salary plus overhead
costs,. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a
supplemental agreement is entered into for additional work by the Consultant, the supplemental
agreement will include provision for the added costs and an appropriate additional fee. The net fee will
be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the
Consultant's monthly progress reports and approved by the City. Any portion of the net fee not
previously paid in the monthly payments shall be included in the final payment, subject to the provisions
of Section XI entitled TERMINATION OF AGREEMENT.
Progress payments may be claimed monthly for direct costs actually incurred to date as supported by
detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the
Consultant based on the estimated percentage of the completion of the services to date. Final payment of
any balance due the Consultant of the gross amount earned will be made promptly upon its verification
by the City after completion and acceptance by the City of the work under this Agreement. Acceptance,
by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or
claimed to be due.
Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at
the time extra work is authorized. (Section VIII "EXTRA WORK").
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A short narrative progress report shall accompany each voucher for progress payment. The report shall include
discussion of any problems and potential causes for delay.
To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee
interviews.
Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to
this Agreement,; which the Consultant may have against the City unless such claims are specifically reserved in
writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however,
be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with
respect to such claims.
The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years
after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing
upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention
period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved. The three-year retention period starts when the Consultant receives .final payment.
VII
CHANGES IN WORK
The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary
to correct errors; appearing therein, when required to do so by the City, without additional compensation.
Should the City .find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This
work shall be considered as Extra Work and will be paid for as provided in Section VIII.
VIII
EXTRA WORK
The City may desire to have the Consultant perform work or render services in connection with the Project in
addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be
considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope
thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to
whether work is; Extra Work or work already covered under this Agreement shall be resolved before the work is
undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim
by the Consultant for compensation as Extra Work.
IX
EMPLOYMENT
The Consultant warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award
or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
Any and all employees of the Consultant, while engaged in the performance of any work or services required by the
Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any
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and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so
engaged and any. and all claims made by a third party as a consequence of any negligent act or omission on the part
of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shal.
be the sole obligation and responsibility of the Consultant.
The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been at any time during the period of this contract, in the
employ of the City except regularly retired employees, without written consent of the City.
If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical,
or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement
and interview process.
X
NONDISCRIMINATION
The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services
because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a
bona fide occupational qualification with regard to, but not limited to the following: employment upgrading;
demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms
of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it
violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the
Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made
satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely.
XI
TERMINATION OF AGREEMENT
A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days
written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with
subparagraphs C and D below.
B. In the, event of the death of a member, partner or officer of the Consultant, or any of its supervisory
personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the
work: under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar
to renegotiations of this Agreement between surviving members of the Consultant and the City, if the
City so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving
members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment
shall be made as set forth in Subsection C of this section.
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C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a
final payment shall be made to the Consultant for actual cost for the work complete at the time of
termination of the Agreement, plus the following described portion of the net fee. The portion of the net
fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete
is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same
basis as above for any authorized extra work completed. No payment shall be made for any work
completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the
accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount
that would be due as set forth herein above, then no final payment shall be due and the Consultant shall
immediately reimburse the City for any excess paid.
D. In the event the services of the Consultant are terminated by the City for fault on the part of the
Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid
shall':be determined by the City with consideration given to the actual costs incurred by the Consultant in
performing the work to the date of termination, the amount of work originally required which was
satisfactorily completed to date of termination, whether that work is in a form or of a type which is
usable to the City at the time of termination, the cost to the City of employing another firm to complete
the work required and the time which may be required to do so, and other factors which affect the value
to the City of the work performed at the time of termination. Under no circumstances shall payment
made under this subsection exceed the amount which would have been made if the formula set forth in
subsection C above had been applied.
E. In the event this Agreement is terminated prior to completion of the work, the original copies of all
Engineering plans, reports and documents prepared by the Consultant prior to termination shall become
the property of the City for its use without restriction. Such unrestricted use not occurring as a part of
this project, shall be without liability or legal exposure to the Consultant.
F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of
any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for
failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the
Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act
or omission by the Consultant.
XII
DISPUTES
Any dispute concerning questions of facts in connection with work not disposed of by agreement between the
Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or
his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this
Agreement.
In the event thaY either party is required to institute legal action or proceedings to enforce any of its rights in this
Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of
Washington, situated in King County.
XIII
LEGAL RELATIONS
The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the
work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws
of Washington.
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The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and
shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part
from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall
require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based
upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by
or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents,
officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be
valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or
employees except as limited below.
The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in
the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the
City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord
Certification Form prior to the execution of the contract.
The City of Renton will be named as Additional Insured(s) on (CONTRACTOR'S) policy, with that coverage being
primary and non=contributory with any other policy(ies) available to the City. A copy of the endorsement shall be
provided to the City.
The limits of said insurance shall not, however, limit the liability of Consultant hereunder.
All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City.
The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all
required coverages in full force and effect during the life of this project, and a minimum of forty five days' written
notice shall be given to the City prior to the cancellation of any policy.
The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30
days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved
by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes
in insurance coverage has occurred, only the Certification Form will be required.
The Consultant 'shall verify, when submitting first payment invoice and annually thereafter, possession of a current
City of Renton business license while conducting work for the City. The Consultant shall require, and provide
verification upon request, that all subconsultants participating in a City project possess a current City of Renton
business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to
conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent
contractor.
It is further specifically and expressly understood that the indemnification provided herein constitute the
Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this agreement.
XIV
SUBLETTING OR ASSIGNING OF CONTRACTS
The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of
the City.
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XV
ENDORSEMENT OF PLANS
The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data
furnished by them in accordance with RCW 18.43.070.
XVI
COMPLETE AGREEMENT
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement.
No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable
for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment
to this Agreement.
The invalidity or. unenforceability of any provision in this Agreement shall not affect the other provisions hereof,
and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
XVII
EXECUTION AND ACCEPTANCE
This Agreement' may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials
submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
Signature
// n Date
VVI�(
type or print name
d
Title
CITY OF RENTON
Mayor Date
ATTEST:
Bonnie I. Walton, City Clerk
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EXHIBIT A
SCOPE OF WORK
Monitoring Well Repairs 2009
The purpose of this work is to repair existing City of Renton monitoring wells. Existing
Hydrostar pumps will be replaced with DC purge pumps. City staff will be trained on the
use of new equipment.
This project will be completed in two phases:
Phase I Tasks
1. Well Inventory
The City will compile well logs and survey data for City wells and place in a notebook
for use during the field inventory.
PGG will provide one hydrogeologist, and the City will provide one employee, for a field
inventory of known City monitoring wells. The following work will be performed during
the inventory:
• Photograph wellhead
• Document diameters and stickdown/stickup
• Pull existing pump if present and possible. Deep-set pumps will be
identified for pulling in Phase 2 by driller. City to dispose of pumps.
• Measure total depth of well
• Measure static water level
Label well if not currently labeled
• Provide well cap
2. Scope Improvements to Wells
PGG will summarize the inventory data in a memo to the City and recommend work and
equipment to improve the utility of each well. The City will approve or comment on the
recommendations. PGG will then prepare a budget and scope for Phase 2 of the project,
which will be to make the approved changes to the wells, install and test approved
equipment, and train City staff on its use.
3. Project management
PGG will manage staff, budget, and communications with the City to promote a
successful project.
Phase 2 Tasks
The scope and budget for Phase 2 will be determined based on Phase 1 work. The scope
below; and the Phase 2 budget in Exhibit C, are estimates and subject to change.
1. Repair Monitoring Wells
Using'an internal bid process, PGG will subcontract a driller if necessary to make
changes to wellheads and do other approved work that requires a licensed well driller.
PGG will purchase, install, and test DC purge pumps, tubing, well caps, and
miscellaneous equipment in the wells as approved. PGG will perform a brief test of each
pump/well combination to identify a proper sampling procedure.
2. Train City Staff
PGG will train City staff on collection of water levels, operation of pumps, and collection
of samples during a field trip after work on the wells is completed. The training will use
typical' laboratory containers, filters, and tubing that would be required for sample
collection; however, no actual samples will be collected unless the City makes
arrangements with a laboratory. Training will consist of work at two wells.
I Project Report
PGG will document the work, and the updated condition of each well, in a brief report to
the City. PGG shall also provide the City a copy of the field notebook containing well
logs and other well documents. The report will include tables, but not graphics. A new
Sampling and Analysis Plan (SAP) will not be generated.
4. Project Management
PGG will manage staff, budget, and communications with the City to promote a
successful project.
EXHIBIT B
ESTIMATED PROJECT SCHEDULE
MONITORING WELL REPAIRS 2009
CITY OF RENTON
Week from Authorization
1 2 3 4 5 6 7 8 9 10 11 12
TASK/SUBTASK
1 Phase 1
Well inventory
tom•_,.
Scope Improvements��p
Project Management
4. .,
s c
2 Phase 2
Repair Wells
Train City Staff
Report
Project Management
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Repairs 2009 ;b 12 Piazza/Data—Center/Forms/City/Contracts
/200 sultant.doc Approved 06/07 bh/rev06/07
E�..IBIT C
PROJECT COST ESTIMATE
MONITORING WELL REPAIRS 2009
CITY OF RENTON
ESTIMATED HOURS
OTHER COSTS
Support
$55
Staff
$95
Associate
$115
Principal
$130
Labor
Cost
Direct
Cost
(Item)
(Cost)
Subtask
Cost
Total
TOTAL
TASK
COST
TASK/SUBTASK
1
Phase 1
$5,395
Well inventory
20
$2,600
miles
$25
$2,625
Scope Improvements
10
$1,300
supplies
$50
$1,350
Project Management
2
10
$1,410
phone
$10
$1,420
2
Phase 2 (estimate only - subject to change)
$36,115
Repair Wells
25
25
$5,625
driller
$15,000
$20,625
Train City Staff
8
$1,040
120 pumps+misc
$10,000
$11,040
Report
24
$3,120
repro
$20
$3,140
Project Management
10
$1,300
phone
$10
$1,310
TOTAL HOUR ESTIMATES
2
25
0
107
SUBTOTAL DOLLARS
$110
$2,375
$0
$13,910
$25,115
$41,510
Subcontract and direct cost markup
h 10%
$2,512
ESTIMATED TOTAL COST
$44,022
COST PLUS NET FEE DETERMINATION
DIRECT SALARY COST: Hourly Rates of Pay
Personnel
Principal Hydrogeologist $58.22
Associate Hydrogeologist
Hydrogeologist/Staff $42.50
Surveyor
Planner
Bookkeeper
Executive Secretary
CARD: Operator/Drafter
Clerical/Support $24.5
Net Fee 10% of direct salary cost plus overhead
DIRECT NON -SALARY COST:
Travel and Per Diem
Cars at $ 055 per mile
Per Diem not applicable
Office and Equipment
Computer at $ 0 per hour
Reproduction Expenses: $0.15/pa eg $1/sq ft oversized
Communications: Long distance and cell phone calls at cost
SUMMARY OF FEE FOR HYDROGEOLOGIC SERVICES
BREAKDOWN OF OVERHEAD COST
Rent
7.1
Overhead labor
19.2%
Bonuses and div
17.7%
Vacation
16.2%
Medical insurance
4.9%
Long term disability
0.4%
Business insurance
1.6%
Cafe'
0.1 %
B&O and payroll tax
13.7%
Utilities
1.8%
Misc
8.4%
Equipment (depr)
2.3%
TOTAL
103 %
SUMMARY OF COSTS
Project No: XXXXXXX
Name of Project: Monitoring Well Repairs 2008
Direct Salary Cost
Overhead Cost (including payroll additives)
Net Fee
Direct Non -Salary Costs
a. Travel and per diem $ 27.5
b. Reproduction expenses $ 22
c. Computer expense $ 0
d. Outside Consultants
e. Other (telephone, driller, equipment)
Total
GRAND TOTAL
Sub Total
$44,018
$7,341
1036/, $7,561
Sub -Total $14,902
10% 1,490
$ 27,577
$27,626
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (PHUNG FINAL PLAT; FILE NO. LUA-08-
054FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain
tract of land as hereinafter more particularly described, located within the City of Renton, has
been duly approved by the Department of Community and Economic Development; and
WHEREAS, after investigation, the Administrator of the Department of Community and
Economic Development has considered and recommended the approval of the final plat, and the
approval is proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the Department of Community and
Economic Development pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
RESOLUTION NO.
(The property, consisting of approximately 0.49 acres, is located in the vicinity of
Lynnwood Ave NE at NE 26t CT.)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the Department of Community and
Economic Development dated January 13, 2009.
PASSED BY THE CITY COUNCIL this day of
APPROVED BY THE MAYOR this
Approved as to form:
Lawrence J. Warren, City Attorney
RES :13 94 :1 /21 /09 : scr
Bonnie I. Walton, City Clerk
day of
Denis Law, Mayor
2009.
2009.
PA
LEGAL DESCRIPTION
LOT 45, HONEY CREEK RIDGE DIVI:
THEREOF RECORDED IN VOLUME
INCLUSIVE, IN KING COUNTY WAS:
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
GRANT CONTRACT WITH KING COUNTY REGARDING
REIMBURSEMENT TO RENTON FIRE & EMERGENCY SERVICES
DEPARTMENT FOR INJURY PREVENTION PROGRAMS AND
EFFORTS.
WHEREAS, the Renton Fire & Emergency Services Department has the skills, abilities
and staffing to do health and vision screenings to prevent injuries, particularly in the senior
community; and
WHEREAS, King County has funds available to assist in that effort; and
WHEREAS, it is necessary to document the terms and conditions under which the funds
are made available: and
WHEREAS, the funding under this grant contract is intended as reimbursement to the
City of Renton for the following: health and vision screenings to include materials and
professional services and future costs related to injury prevention efforts;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into a
contract with King County entitled King County Contract for Services with Other Government,
Institution or Jurisdiction — 2009, King County Contract No. D39025D, for the Injury Prevention
Project, and any other or similar agreements providing similar services.
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of
APPROVED BY THE MAYOR this
Approved as to form:
Lawrence J. Warren, City Attorney
RES :13 90:12/29/08 : scr
Bonnie I. Walton, City Clerk
2009.
day of , 2009.
Denis Law, Mayor
2
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO
THE 2009-2012 SOUTH COUNTY AREA TRANSPORTATION BOARD
AGREEMENT.
WHEREAS, the South County Area Transportation Board (SCATBd) is the South King
County forum for information sharing, consensus building, coordinating to provide advice on
regional transportation issues and implementation decisions; and
WHEREAS, the South King County subarea has been involved in multijurisdictional
transportation planning to develop coordinated plans for transportation improvements and
programs for this area; and
WHEREAS, these plans have been approved and efforts continue to be made to work
cooperatively to implement the recommended projects; and
WHEREAS, the SCATBd recognizes the need to coordinate with its regional partners to
address issues that cross subarea and county boundaries; and
WHEREAS, the City of Renton has participated as a member;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The City of Renton hereby approves the 2009-2012 Interlocal
Agreement to continue to participate in the South County Area Transportation Board, including
identifying representatives and providing dues, and authorizes the Mayor and City Clerk to enter
into this Interlocal Agreement.
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES. 1391:1 /13/09: scr
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO
THE 2009-2012 EASTSIDE TRANSPORTATION PARTNERSHIP
AGREEMENT.
WHEREAS, the Eastside Transportation Partnership (ETP) is the East King County
forum for information sharing, consensus building, coordinating to provide advice on regional
transportation issues and implementation decisions; and
WHEREAS, the East King County subarea has been involved in multijurisdictional
transportation planning to develop coordinated plans for transportation improvements and
programs for this area; and
WHEREAS, these plans have been approved and efforts continue to be made to work
cooperatively to implement the recommended projects; and
WHEREAS, the ETP recognizes the need to coordinate with its regional partners to
address issues that cross subarea and county boundaries; and
WHEREAS, the City of Renton has participated as a member;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The City of Renton hereby approves the 2009-2012 Interlocal
Agreement to continue to participate in the Eastside Transportation Partnership, including
identifying representatives and providing dues, and authorizes the Mayor and City Clerk to enter
into this Interlocal Agreement.
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES. 1392:1 /13/09:scr
Denis Law, Mayor
FA
4.
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE EXECUTION OF AN INTERLOCAL
AGREEMENT RELATING TO THE SOUTH CORRECTIONAL ENTITY
FACILITY AND THE FORMATION OF THE SOUTH CORRECTIONAL
ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY.
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, the City currently contracts with -other local governments within the State
of Washington for correctional services at a great expense to the City; 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, the Cities of Auburn, Federal Way, Des Moines, Tukwila, Burien, SeaTac,
Washington and the City (the "Member Cities") recognize and find that there is a public need for
a new correctional facility to serve the south King County region and to provide correctional
services at a lower total cost to the participating Member Cities than currently available
alternatives or than the participating Member Cities could individually provide; and
WHEREAS, the Member Cities now desire to enter into an interlocal agreement (the
"Interlocal Agreement") to form a governmental administrative agency known as the South
Correctional Entity ("SCORE") to establish and maintain a consolidated correctional facility (the
"SCORE Facility") to serve the Member Cities and federal and state agencies and other local
ORDINANCE NO.
governments that may contract with SCORE in the future to provide correctional services
essential to the preservation of the public health, safety and welfare; and
WHEREAS, the Member Cities are considering the formation of a public corporation for
the purpose of issuing and servicing bonds that are secured by the full faith and credit of the
Member Cities in order to provide for the financing of the SCORE Facility; and
WHEREAS, the City has agreed to act as the host city for the formation of the public
corporation, subject to the approval of each Member City; and
WHEREAS, the establishment and maintenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Approval of Interlocal Agreement. The Mayor of the City is
hereby authorized to execute the interlocal agreement with the Cities of Auburn, Federal Way,
Des Moines, Tukwila, Burien, SeaTac, Washington, substantially in the form as attached hereto
as Exhibit A and incorporated herein by this reference (the "Interlocal Agreement"), for the
creation of a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as
the South Correctional Entity ("SCORE"). The Mayor is hereby designated as the "Designated
Representative" of the City for purposes of the Interlocal Agreement. The Mayor and other
appropriate officers of the City are authorized and directed to take any and all such additional
actions as may be necessary or desirable to accomplish the creation of SCORE.
SECTION II. Approval of Formation of the Authority. Pursuant to chapter 39.34
RCW and RCW 35,21.730 through RCW 35.21.755, the City hereby approves the creation of a
public corporation by the City to be designated as the South Correctional Entity Facility Public
2
ORDINANCE NO.
Development Authority (the "Authority"). The purpose of the Authority is to provide an
independent legal entity under State law to issue obligations to finance and refinance the
acquisition, construction, improvement and equipping of a correctional facility (the "SCORE
Facility"). Such obligations may be issued in one or more series, may be in the form of bonds,
notes or other evidences of indebtedness to provide interim and permanent financing for the
SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and
other capital improvements essential to maintain the SCORE Facility's functionality. Such
bonds, notes, and other evidences of borrowing are collectively referred to herein as the
"Bonds." The proposed form of ordinance to be considered by the City Council of the City,
along with the Charter and the Bylaws of the Authority, drafts of which are attached hereto, as
Exhibits B, C and D, respectively, are hereby approved. The City Council hereby approves the
formation by the City of the Authority by the approval of such ordinance, Charter and Bylaws
substantially in the forms presented to this Council.
SECTION III. Limited Liability; Independent Obligations. The Authority shall
be an independent legal entity exclusively responsible for its own debts, obligations and
liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the assets
and credit of the Authority. No creditor or other person shall have any recourse to the assets,
credit, or services of the City on account of any debts, obligations, liabilities, acts, or omissions
of the Authority.
SECTION IV. City Contributions to Operations and Bonds. The City shall pay its
allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility
not paid from other sources, which allocable portion shall be determined as provided in the
Interlocal Agreement. In addition to the foregoing commitment, the City irrevocably commits to
3
ORDINANCE NO.
pay its capital contribution in the percentage provided for in the Interlocal Agreement, which is
equal to 34%, to pay debt service on Bonds as the same shall become due and payable and to pay
administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution").
The authorization contained in this ordinance is conditioned upon the issuance of Bonds not
exceeding the aggregate principal amount of $100,000,000 (not including any bonds or notes to
be refunded with proceeds of such Bonds) 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 34% 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 Interlocal
Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as
administrator and servicer of the Bonds to be issued by the Authority. 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
without a vote of the electors of the City 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 Bonds issued by the Authority remain outstanding.
SECTION V. Preliminary Costs; Reimbursement. The City is hereby authorized
to finance costs associated with the design, acquisition, construction, improvement and
equipping of the SCORE Facility prior to the issuance of Bonds by the Authority pursuant to the
0
ORDINANCE NO.
terms of the Interlocal Agreement. Pursuant to U,S. Treasury Regulation Section 1.150-2(e), the
City reasonably expects to be reimbursed for such expenditures with proceeds of Bonds issued
by the Authority. The maximum principal amount of Bonds expected to be issued for the
SCORE Facility described in Section 2 is $100,000,000,
SECTION VI. Effective Date. This ordinance shall take effect and be in force
from and after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of 2009.
Approved to as to form:
Jay Reich, Special Counsel
Date of Publication:
ORD:1531:1/13/09:scr
G
Denis Law, Mayor
EXHIBIT A
Form of Interlocal Agreement
(attached)
SCORE INTERLOCAL AGREEMENT
among
CITY OF AUBURN,
CITY OF DES MOINES,
CITY OF FEDERAL WAY,
CITY OF RENTON,
CITY OF TUKWILA,
CITY OF BURIEN,
1
CITY OF SEATAC, WASHINGTON
Dated as of 12009
TABLE OF CONTENTS
Page
Section1.
Definitions...............................................................................................................
2
Section 2.
SCORE Facility; Authority............................................................. I ..................
..... 3
Section 3.
Duration of Agreement...........................................................................................
5
Section 4.
Withdrawal and Termination..................................................................................
5
Section 5.
Administrative Board..............................................................................................
6
Section 6.
Operations Board....................................................................................................
7
Section 7.
Facility Director......................................................................................................
8
Section 8.
Personnel Policy......................................................................................................
8
Section 9.
Budget, Policies and Operations.............................................................................
9
Section 10.
Contracts and Support Services....................................................................I.........
9
Section 11.
Policy and System Evaluation................................................................................
9
Section 12.
Additional Services Authorized............................................................................
10
Section 13.
Inventory and Property.........................................................................................
10
Section 14.
Local Control........................................................................................................
10
Section 15.
SCORE Facility Financing and Construction; SCORE Facility Public
DevelopmentAuthority........................................................................................
10
Section 16,
Preliminary Costs of the SCORE Facility; Bellevue Property .............................
13
Section 17.
Compliance with Continuing Disclosure Requirements .......................................
13
Section 18.
Filing of Agreement..............................................................................................
13
Section19.
Severability...........................................................................................................
13
Section 20.
Execution and Amendment...................................................................................
14
Section 21.
Third Party Beneficiaries......................................................................................
14
Section22.
Hold Harmless......................................................................................................
14
Section23.
Counterparts..........................................................................................................
15
- l- 01 /20109
SCORE INTERLOCAL AGREEMENT
THIS SCORE INTERLOCAL AGREEMENT ("Agreement") is entered into this
2009 by and among the Cities of Auburn, Des Moines, Federal Way, Renton,
Tukwila, Burien and SeaTac, Washington (the "Member Cities"), all of which are municipal
corporations under the laws and statutes of the State of Washington:
RECITALS:
WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for,
establish and maintain correctional facilities in furtherance of public safety and welfare; and
WHEREAS, the Member Cities currently contract with other local governments within
the State of Washington for correctional services at a great expense to the City; 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, the Member Cities now desire to form a governmental administrative
agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to
establish and maintain a consolidated correctional facility (the "SCORE Facility") to serve the
Member Cities and federal and state agencies and other local governments that may contract with
SCORE in the future to provide correctional services essential to the preservation of the public
health, safety and welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, financing for the acquisition, construction, equipping, and improvement of
the SCORE Facility will be provided by bonds issued by a public corporation created in
accordance with this Agreement and pursuant to RCW 35.21.730 through 35.21.755 and secured
by the full faith and credit of the Member Cities. and
WHEREAS, the City of Renton has agreed to act as the host city for the formation of a
public corporation to be known as the South Correctional Entity Facility Public Development
Authority (the "SCORE Facility Public Development Authority") subject to the approval of each
Member City; and
WHEREAS, the establishment and maintenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
Section 1. Definitions. Capitalized terms used in this Agreement shall have the
following meanings:
"Administrative Board" means the governing board of SCORE created pursuant to
Section 5 of this Agreement.
"Agreement" means this Interlocal Agreement among the Member Cities, as amended
from time to time.
"Base Percentage" means a percentage equal to the 2007 average daily population
allocable to the Member Cities in all correctional facilities. Those percentages are as follows:
(a)
Auburn
— twenty-nine (29%)
(b)
Des Moines
— five (5%)
(c)
Federal Way — seventeen (17%)
(d)
Renton -
thirty-four (34%)
(e)
Tukwila
— eight (8%)
(f)
Burien —
four (4%)
(g)
SeaTac —
three (3%)
"Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the
SCORE Facility Public Development Authority to provide interim and permanent financing for
the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion
and other capital improvements essential to maintain the SCORE Facility's functionality.
"I3udget" 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 Agreement, which budget shall set forth (a) an estimate of the
costs of capital improvements required to be 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 Agreement.
"Capital Contribution" means, for each Member City, that Member City's Base
Percentage multiplied by the principal of and interest on Bonds as the same shall become due
and payable and administrative expenses of the SCORE Facility Public Development Authority
with respect to Bonds.
"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.
2 PA20358_DG\20358_01X
"Facility Director" means the director of the SCORE Facility selected by the
Administrative Board pursuant to Section 7 of this Agreement.
"Member Cities" mean, initially, the Cities of Auburn, Des Moines, Federal Way,
Renton, Tukwila, Burien and SeaTac, Washington.
"Operations Board" means the board formed pursuant to Section 6 of this Agreement.
"Presiding Officer" means the member of the Administrative Board selected pursuant to
Section 5 of this Agreement.
"SCORE" means the governmental administrative agency established pursuant to
RCW 39.34,030(3) and this Agreement 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.
"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 Agreement.
Section 2. SCORE Facility; 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 initially consist of the Member Cities.
(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 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 Agreement. The Administrative
Board shall have the authority to:
Recommend action to the legislative bodies of the Member Cities;
2. Approve the Budget, adopt financial policies and approve expenditures;
3 PA20358_DGQ0358_01X
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 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 Agreement;
13. Enter into agreements with and receive and distribute funds from any
federal, state or local agencies;
14. Receive and account for all 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;
18. Make and alter bylaws for the administration and regulation of its affairs;
19. Enter into contracts with Subscribing Agencies to provide correctional
services;
4 PA20358_DG\20358_OIX
20. Employ employees as necessary to accomplish the terms of this
Agreement;
21. Establish policies and procedures for adding new cities as "Member
Cities" to this Agreement; and
22. Engage in any and all other acts necessary to further the goals of this
Agreement.
Section 3. Duration of Agreement.
The initial duration of this Agreement shall be for a period of ten (10) years from its
effective date and, thereafter, shall automatically extend for additional five (5) year periods
unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement
shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority
as provide in Section 15 of this 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 Agreement by providing written notice and serving that
notice on the other Member Cities on or before December 31 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
Agreement. Upon an affirmative supermajority vote (majority phis 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
Agreement. Upon the final termination date, this Agreement shall be fully terminated.
(c) Subject to Section 4(g) below, in the event any Member City fails to budget or
provide the required 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 Agreement and to have forfeited all its rights under this 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 Member City withdraws its membership in SCORE, the
withdrawing City will forfeit any and all rights it may have to SCORE's real or personal
5 PA20358_DG�20358_01X
property, or any other ownership in SCORE, unless otherwise provided by the Administrative
Board.
(f) Upon termination of this Agreement, all property acquired during the life of this
Agreement shall be disposed of in the following manner:
1. All real and personal property acquired pursuant to this Agreement shall
be distributed to the Member Cities based on the Base 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 Member City from this Agreement shall not
discharge or relieve the Member 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. A Member City may be relieved of its
obligation under this 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 Facilities Director; (4) cost allocations made prior to the issuance of
Bonds pursuant to Section 16 of this Agreement; and (5) approval of labor contracts, shall
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 of the preceding year. Votes regarding (1) the
conveyance of real property; (2) the addition of additional services pursuant to Section 11 of this
Agreement not directly incidental to correctional services (such as providing court services); and
(3) matters addressed in Sections 4(b) and (g) of this 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.
6 P:\20358_DG\20358_OIX
(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.
(0 Meetings of the Administrative Board. There shall be a minimum of two (2)
meetings each year, and not less than fifteen (15) days notice shall be given to all members prior
to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting
shall be held on the second Tuesday of February of each year to review the prior year's service.
The second meeting shall 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.
Five (5) 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 that 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.
(a) Formation. There is further established an Operations Board which 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 two (2) 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. The purpose and duties of the Operations
Board shall be established by the Administrative Board.
7 PI20358_DG\20358_0IX
(b) Voting and Meetings 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 that govern its procedures. Unless otherwise provided, Robert's
Revised Rules of Order shall govern all procedural matters relating to the business of the
Operations Board. The Operations Board shall elect a presiding officer from its members and
shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall
be held each month at a time and place designated by the presiding officer or a majority of its
members. Special meetings may be called by the presiding officer or any two (2) members upon
giving all other members not less than 24 hours prior written notice (electronic or facsimile
notice acceptable). In an emergency, the Operations Board may dispense with written notice
requirements for special meetings, but must, in good faith, implement best efforts to provide fair
and reasonable notice to all of the members of the Operations Board. All meetings shall be open
to the public to the extent required by chapter 42.30 RCW.
A majority of the members of the Operations Board must be present at any meeting of the
Operations Board to comprise a quorum, and for the Operations Board to transact any business.
Proxy voting shall not be allowed. Members of the Operations Board may participate in a
meeting through the use of any ineans 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 Operations 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.
Section 7. Facility Director.
Not later than one hundred eighty (180) days prior to the completion of the SCORE
Facility, the Operations Board shall recommend to the Administrative Board a person to act as
the Facility Director. 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 other appropriate means in
order to fully implement the purposes of this Agreement. The Facility Director shall administer
the program 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 Policy.
(a) The Operations Board shall submit to the Administrative Board within one
hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel
policy for the SCORE Facility for its approval, rejection or modification. All of such
modifications or revisions shall be subject to the final approval of the Administrative Board.
(b) Such personnel policy 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
8 P Q0358_DG\20358_OIX
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.
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 shall 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 proposed Budget, and of the required financial
participation for the ensuing year.
(b) The Administrative Board shall 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 Operation and Maintenance 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 Member City to this 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 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 Board from time to time.
Any substantive change or deviation from established policy shall be subject to the prior
approval of the Administrative Board.
9 P:120358_DG�20358_01X
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 to Member Cities 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. In order to provide necessary services for the Member Cities
and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and
operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des
Moines, Washington. Pursuant to RCW 35.21.740, the City of Des Moines 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
Agreement.
(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
10 P:\20358_DG\20358_01X
contracts for the development of the SCORE Facility. These contracts shall 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 costs of
acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has
agreed to form 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, 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. Each Member City shall each pay an allocable
portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue
received from Subscribing Agencies or other sources, as provided in this Agreement. Each
Member City shall be billed for its total allocable capital and operating costs on a semiannual
basis, or more frequently as determined by the Administrative Board, calculated as provided for
in this Section.
(1) Capital Contribution. Each Member City shall be obligated to pay an
amount equal to its Capital Contribution without regard to the payment or lack thereof by
any other Member City. No Member City shall be obligated to pay the Capital
Contribution of any other Member City, and each Member City shall be obligated to
budget for and pay its Capital Contribution. The obligation of each Member City to pay
its Capital Contribution shall be an irrevocable frill faith and credit obligation of such
Member City, payable from property taxes levied within the constitutional and statutory
authority provided without a vote of the electors of the Member City on all of the taxable
property within the Member City and other sources of revenues available therefor. Each
Member 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).
A Member 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 Member Cities shall not affect the Capital Contribution of the
remaining Member Cities. Any Member 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 pursuant to Section 9(b) of this
I I PA20358_DG120358_OIX
Agreement, 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 City's Base Percentage 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 of the
preceding year.
(e) Allocation of Revenues. Revenues received in a calendar year from Subscribing
Agencies or from sources other than the contributions described in Section 15(d) above shall be
used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each
Member City shall receive credit/benefit of the revenues discussed in this section based on that
Member City's proportional average daily population as calculated in Section 15(d)(2) above.
(f) Tax -Exemption. The Member Cities shall not (1) make any use of the proceeds
from the sale of Bonds 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 the Bonds
pursuant to Section 148(a) of the Code that will cause the 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 the Bonds to be considered obligations not described in Section 103(a) of the Code.
(g) Additional Financing. Notwithstanding anything to the contrary in this
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.
(h) 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.
12 P:\20358_D&20358_01X
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 herby 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 shall be governed by the
procurement policy established by the Administrative Board as amended from time to time.
Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property
The Administrative Board shall allocate costs associated with the design, acquisition,
construction, improvement and equipping of the SCORE Facility prior to the issuance of the
Bonds by the SCORE Facility Public Development Authority among the Member Cities by an
affirmative vote of a supermajority (majority plus one) of the 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 of the preceding year. Any costs of the SCORE
Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of
Bonds to the extent permitted by law.
The Member Cities hereby agree that any net proceeds received from the sale of the
property located at 1440 116"' Avenue NE, Bellevue, Washington and 1412 116"' Avenue NE,
Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with
SCORE and used to finance costs associated with the design, acquisition, construction,
improvement and equipping of the SCORE Facility.
Section 17. 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 Bonds, each Member 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 18. Filing of Agreement
Upon execution, this Agreement shall be filed as required in RCW 39.04.040.
Section 19. Severability
If any part, paragraph, section or provision of this 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 Agreement.
13 P:\20358_DG�20358_01X
Section 20. Execution and Amendment
This Agreement shall be executed on behalf of each Member City by its Designated
Representative and pursuant to an appropriate motion, resolution or ordinance of each Member
City. This Agreement shall be deemed adopted upon the date of execution by the last so
Designated Representative.
This Agreement may not be effectively amended, changed, modified or altered, except by
an instrument in writing duly executed by the Designated Representative of each Member City
and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as
such amendment does not materially adversely affect the owners of the Bonds or affect the tax-
exempt status of the interest paid on the Bonds. If the Bonds issued by the SCORE Facility
Public Development Authority are rated by a rating agency, then no amendment that adds or
removes a Member City from this Agreement or revises Section 15 of this Agreement shall be
permitted unless the, SCORE Facility Public Development Authority has received written
confirmation from the rating agency that such amendment will not result in a reduction or
withdrawal of the rating on the Bonds. If the Bonds are not rated by a rating agency, then no
such amendment as described in the preceding sentence will be permitted unless in the opinion
of the SCORE Facility Public Development Authority such amendment will not materially
adversely affect the owners of the Bonds.
Section 21. 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 herein shall be for
their further benefit.
Section 22. Hold Harmless
The parties to this Agreement shall defend, indemnify and save one another harmless
from any and all claims arising out of the performance of this 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, Facility Director and or staff, while acting within the scope of their
authority under this Agreement shall be borne by SCORE exclusively.
14 P:\20358_DG\20358_01X
Section 23. Counterparts
This 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 have executed this Agreement as of the day and
year first written above.
CITY OF AUBURN
By:
CITY OF DES MOINES
CITY OF FEDERAL WAY
CITY OF SEATAC
I�
CITY OF RENTON
CITY OF TUKWILA
By:
CITY OF BURIEN
15
P:\20358-DG\20358-OIX
EXHIBIT B
Form of Formation Ordinance of the City of Renton
(attached)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE CREATION OF A PUBLIC CORPORATION TO
BE KNOWN AS THE SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY; APPROVING A CHARTER
AND BYLAWS; ESTABLISHING A BOARD OF DIRECTORS TO
GOVERN THE AFFAIRS OF THE AUTHORITY; AND APPROVING
PROCEDURES FOR THE CONDUCT OF ITS AFFAIRS.
WHEREAS, pursuant to RCW 35.21.730 through 35.21.755, the City Council (the
"Council") of the City of Renton, Washington (the "City") may authorize the creation of a public
corporation as a separate legal entity to perform any lawful public purpose or public function as
therein authorized; and
WHEREAS, pursuant to chapter 39.34 RCW, the City has entered into the SCORE
Interlocal Agreement (the "Interlocal Agreement") with the Cities of Auburn, Des Moines,
Federal Way, Tukwila, Burien and SeaTac, Washington (together with the City, the "Member
Cities") for the formation of a governmental administrative agency known as the South
Correctional Entity ("SCORE"); and
WHEREAS, SCORE is responsible for the establishment and maintenance of a
consolidated correctional facility (the "SCORE Facility") to serve the Member Cities and federal
and state agencies and other local governments that may contract with SCORE in the future to
provide correctional services essential to the preservation of the public health, safety and
welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
ORDINANCE NO.
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, the Interlocal Agreement contemplates that the City will create a public
corporation for the purpose of issuing and servicing bonds that are secured by the full faith and
credit of the Member Cities in order to finance the acquisition, construction, equipping, and
improving of the SCORE Facility; and
WHEREAS, the City will act as the host city for the formation of the public corporation,
subject to the approval of each Member City; and
WHEREAS, the City has determined that chartering a public corporation to function on
its behalf in undertaking the acquisition, construction, equipping, and improvement of the
SCORE Facility will create a highly focused and dedicated entity that will accelerate progress,
provide for financing, pool limited resources and enhance opportunities to work with the
Member Cities and others critical to the successful construction and operation of a regional
correctional facility, all while ensuring appropriate public oversight and accountability; and
WHEREAS, the Council has been presented with drafts of a proposed charter (the
"Charter") and bylaws (the "Bylaws") for the establishment and chartering of a public
corporation to be known as the South Correctional Entity Facility Public Development
Authority, which will have as its purpose the issuance and servicing of one or more series of
bonds or other obligations to provide financing for the acquisition, construction, equipping, and
improving of a correctional facility pursuant to the terms of this ordinance and the Charter; and
WHEREAS, it appears in the best interest of the City to approve the Charter and Bylaws
for the South Correctional Entity Facility Public Development Authority as now proposed;
2
ORDINANCE NO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Authority Created —City Liability Limited.
A. Authority Created. The Council hereby authorizes the creation of a public
corporation pursuant to RCW 35.21.730(5). The public corporation shall have all of the powers
set forth in this ordinance, RCW 35.21.730 through 35.21.755, and in its charter necessary to
finance and refinance the acquisition, construction, equipping, and improvement of a regional
correctional facility known as the South Correctional Entity Facility (the "SCORE Facility")
through the issuance and servicing of one or more series of bonds, notes or other obligations
(collectively, the "Bonds"), and to perform any other function specified in its charter.
B. Name. The name of the public corporation shall be the "South Correctional
Entity Facility Public Development Authority" (hereinafter the "Authority")
C. Seal. The corporate seal of the Authority shall carry the naive of the Authority.
D. City Liability Limited. The Authority is an independent legal entity exclusively
responsible for its own debts, obligations and liabilities. Except as specifically agreed in writing
by the City, the Authority may not create, and shall take no action that might impose, liability
upon the City. All liabilities incurred by the Authority shall be satisfied exclusively from the
assets, credit, and properties of the Authority, and no creditor or other person shall have any right
of action against or recourse to the City, its assets, credit, or services, on account of any debts,
obligations, liabilities or acts or omissions of the Authority.
The charter of the Authority shall provide that the Authority is organized pursuant to this
ordinance and RCW 35.21.730 through 35.21.755 and state as follows: "[A]11 liabilities incurred
by such public corporation, commission, or authority shall be satisfied exclusively from the
3
ORDINANCE NO.
assets and properties of such public corporation, commission, or authority and no creditor or
other person shall have any right of action against the city, town, or county creating such
corporation, commission, or authority on account of any debts, obligations or liabilities of such
public corporation, commission, or authority." Such statement shall be displayed in a prominent
location in the principal office or other offices of the Authority. It shall also be printed or
stamped on all contracts, bonds, and other documents that may entail any debt or liability by the
Authority.
E. Contributions of the Cities. The City and the Cities of Auburn, Des Moines,
Federal Way, Tukwila, Burien, and SeaTac, Washington (together with the City, the "Member
Cities") shall each pay an allocable portion of the budgeted expenses of maintenance and
operation of the SCORE Facility not paid from other sources, which allocable portion shall be
determined as provided in the Interlocal Agreement. In addition to the foregoing commitment,
each Member City shall contribute funds in the percentages provided for in the Interlocal
Agreement to pay debt service on Bonds as the same shall become due and payable and to pay
administrative expenses of the Authority with respect to the Bonds (the respective Member
City's "Capital Contribution"). No Member City shall be obligated to pay the Capital
Contribution of any other Member City; the obligations of each Member City with respect to the
Bonds shall be limited to its allocable share of such obligations; all such payments shall be made
by the Member City without regard to the payment or lack thereof by any other jurisdiction; and
each Member City shall be obligated to budget for and pay its Capital Contribution unless
relieved of such payment in accordance with the Interlocal Agreement. All payments with
respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the
Bonds to be issued by the Authority.
11
ORDINANCE NO.
The obligation of each Member City to pay its Capital Contribution shall be an
irrevocable full faith and credit obligation of such Member City, payable from property taxes
levied within the constitutional and statutory authority provided without a vote of the electors of
the Member City on all of the taxable property within the Member City and other sources of
revenues available therefor. Each Member City has or will obligate itself and commit 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 Bonds remain outstanding.
SECTION II. Powers --Generally. Except as limited by the constitution of the
State of Washington (the "State"), State statute, this ordinance or the Charter of the Authority,
the Authority shall have and may exercise all lawful powers necessary or convenient to effect the
purposes for which the Authority is organized and to perform authorized corporate functions, as
provided in its Charter. The Authority may conduct activities outside of the boundaries of the
City upon a determination by the Council that the activity will further the purposes of the
Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740. The
Council hereby authorizes the Authority to acquire, equip, construct, improve and maintain the
SCORE Facility located in the City of Des Moines, Washington pursuant to the terms of the
Interlocal Agreement.
SECTION III. Limitation of Powers. The activities and transactions of the
Authority shall be limited in the following respects:
A. The Authority shall have no power of eminent domain nor any power to levy
taxes or special assessments.
5
ORDINANCE NO.
B. Except as otherwise agreed to by a Member City, the Authority may not incur or
create any liability that permits recourse by any contracting party or member of the public to any
assets, services, resources, or credit of a Member City.
C. No funds, assets, or property of the Authority shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office; nor shall
any funds or a substantial part of the activities of the Authority be used for publicity or
educational purposes designed to support or defeat legislation pending before the Congress of the
United States, the State Legislature or the Council of the Member Cities; provided, however, that
funds may be used for representatives of the Authority to communicate with members of
Congress, State legislators or city council members concerning funding and other matters
directly affecting the Authority, so long as such activities do not constitute a substantial part of
the Authority's and unless such activities are specifically limited in its charter.
D. All funds, assets, or credit of the Authority shall be applied toward or expended
upon services, projects, and activities authorized by its charter. No part of the net earnings of the
Authority shall inure to the benefit of, or be distributable as such to, the board members or other
private persons, except that the Authority is authorized and empowered to:
(i) Reimburse Board Members, employees and others performing services for
the Authority reasonable expenses actually incurred in performing their duties, and
compensate employees and others performing services for the Authority a reasonable
amount for services rendered;
(ii) Assist board members or employees as members of a general class of
persons to be assisted by a corporate approved project or activity to the same extent as
r
ORDINANCE NO.
other members of the class as long as no special privileges or treatment accrues to such
board members or employees by reason of his or her status or position in the Authority;
(ill) Defend and indemnify any current or former board member or employee
and their successors against all costs, expenses, judgements, and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or
resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or
may be made a party by reason of being or having been a board member or employee, or
by reason of any action alleged to have been taken or omitted by him or her in such
position, provided that he or she was acting in good faith on behalf of the Authority and
within the scope of duties unposed or authorized by law. This power of indemnification
shall not be exclusive of other rights to which board members or employees may be
entitled as a matter of law;
(iv) Purchase insurance to protect and hold personally harmless any of its
board members, employees and agents from any action, claim, or proceeding instituted
against the foregoing individuals arising out of the performance, in good faith, of duties
for, or employment with, the Authority and to hold these individuals harmless from any
expenses connected with the defense, settlement, or monetary judgements from such
actions, claims, or proceedings. The purchase of such insurance and its policy limits shall
be discretionary with the board, and such insurance shall not be considered to be
compensation to the insured individuals. The powers conferred by this subsection shall
not be exclusive of any other powers conferred by law to purchase liability insurance; and
(v) Sell assets for a consideration greater than their reasonable market value
or acquisition costs, charge more for services than the expense of providing them, or
7
ORDINANCE NO.
otherwise secure an increment in a transaction, or carry out any other transaction or
activity, as long as such gain is not the object or purpose of the Authority's transactions
or activities and is applied to or expended upon services, projects, and activities as
aforesaid.
E. The Authority shall not issue shares of stock, pay dividends, make private
distribution of assets, make loans to its board members or employees or otherwise engage in
business for private gain.
SECTION IV. Charter. The charter of the Authority (the "Charter") is hereby
approved in the form set forth at Exhibit A. The Charter shall be issued in duplicate originals,
each signed by the City Mayor and bearing the City seal attested by the City Clerk. One original
shall be filed with the Clerk of the Council and filed as a public record. A duplicate original
shall be provided to the Authority.
Amendments to the Charter may be initiated by the Board Members or by the Renton
City Council. All amendments to the Charter initiated by the Renton City Council shall be
presented to the Board for consideration and approval and shall not become effective unless
approved by a majority vote of the Board. All amendments to the Charter, regardless of how
initiated, shall become effective as provided in the Charter. After adoption of a Charter
amendment, the revised Charter shall be issued and filed in the same manner as the original
Charter.
SECTION V. Effect of Issuance of Charter. The Authority shall commence its
existence effective upon fulfillment of all of the following:
ORDINANCE NO.
A. Each of the Councils of the Member Cities has approved the creation of the
Authority by the City;
B. This ordinance has become effective; and
C. The charter shall have been executed, and the Charter and bylaws of the Authority
(the "Bylaws") shall be on file with the City Clerk.
Except as against the State or the City in a proceeding to cancel or revoke the Charter,
delivery of a duplicate original Charter shall conclusively establish that the Authority has been
established in compliance with the procedures of this ordinance.
SECTION VI.
Board of Directors; Officers. The SCORE Administrative Board
established pursuant to Section 5 of the Interlocal Agreement shall act ex offacio as the board of
the Authority (the "Board"). All corporate powers of the Authority shall be exercised by or
under the authority of the Board; and the business, property and affairs of the authority shall be
managed under the supervision of the Board, except as may be otherwise provided by law or in
the Charter. The Board shall have officers as provided in the Charter.
SECTION VIL Meeting. Within ninety (90) days after issuance of the Charter, the
City Mayor shall call an organizational meeting of the initial Board, giving at least ten (10) days'
advance written notice to each, unless waived in writing. At such meeting, the Board shall
organize itself, appoint officers, and select its place of business. All Board meetings, including
executive, all other permanent and ad hoc committee meetings, shall be open to the public to the
extent required by chapter 42.30 RCW.
SECTION VIII. Bylaws. The Bylaws of the Authority are hereby approved in the
form set forth at Exhibit B. The power to alter, amend, or repeal the Bylaws or adopt new ones
shall be vested in the Board except as otherwise provided in the Charter. The Bylaws shall be
0
ORDINANCE NO.
consistent with the Charter. In the event of a conflict between the Bylaws and this ordinance or
the Charter, this ordinance or the Charter, as the case may be, shall control.
SECTION IX. Funds of the Authority. All money belonging to or collected for
the use of the Authority coming into the hands of any officer thereof shall immediately be
deposited with a legal depository to the credit of the Authority for the benefit of the funds to
which they belong. The use of funds of the Authority for any purpose not authorized by law by
any officer having possession or control thereof is prohibited.
SECTION X. Bonds and Notes. Bonds issued by the Authority may be secured
by revenues and receipts as may be designated in the proceedings under which the issuance of
the bonds or notes is authorized. All Bonds issued shall carry in a prominent place thereon the
statement set forth in Section 1(D) of this ordinance. All Bonds or liabilities occurring
thereunder shall be satisfied exclusively from the assets or credit of the Authority, and no
creditor or other person shall have any recourse to the assets, credit, or services of the City
thereby, unless the City shall expressly, in writing, guarantee such debt.
Bonds of the Authority may be sold at such price or prices, at public or private sale, in
such manner and from time to time as may be determined by the Authority. The Authority may
issue Bonds from time to time that are secured by the full faith and credit of the Member Cities
in the aggregate principal amount of not to exceed $100,000,000 (not including any bonds or
notes to be refunded with proceeds of such Bonds) for the purposes set forth in the Interlocal
Agreement. Bonds issued in excess of such amount shall require additional council approval by
each Member City. Bonds may be payable at such place or places whether within or without the
State, may bear interest at such rate or rates, may be in such form and denominations and of such
tenor and maturities, may be in bearer form or in registered form as to principal and interest or as
10
ORDINANCE NO.
to principal alone, reserve such rights to redeem at such price or prices and after such notice or
notices and on such terms and conditions, all as the Authority may determine and provide in the
proceedings under which such Bonds shall be issued.
The Authority may at the time of the issuance of such Bonds make such covenants with
the purchasers and holders of said Bonds as it may deem necessary to secure and guarantee the
payment of the principal thereof and the interest thereon, including but not limited to: covenants
to set aside adequate reserves to guarantee payment of principal and interest; to appoint a trustee
or trustees to safeguard the expenditure of the proceeds of sale of such Bonds and to take
possession and use or operate and manage corporate assets securing the Bonds in event of default
or insolvency of the Authority, with such powers as maybe contained in any covenants relating
to the Bonds; and to limit the amount, time, and conditions under which additional Bonds may be
issued or debts incurred.
The Authority may pay expenses, premiums and commissions which it may deem
necessary in connection with the issuance and sale of its Bonds and take such other actions or
make such commitments as are necessary or convenient in the issuance and servicing of such
Bonds and as are consistent with this ordinance although not enumerated herein.
SECTION XI. Discrimination Prohibited. Membership to the Board shall not be
directly or indirectly based upon or limited by age, race, color, religion, sex, sexual orientation,
national origin, or the presence of any mental, physical or sensory handicap. Furthermore, the
Authority shall not discriminate in any matter related to employment because of age, race, color,
sex, sexual orientation, national origin, or the presence of any mental, physical or sensory
handicap. The Authority shall, in all solicitation or advertisements for employees placed by or on
behalf of the Authority, if any, state that all qualified applicants will receive consideration for
ORDINANCE NO.
employment without regard to age, race, color, religion, sex, sexual orientation, national origin,
or the presence of any mental, physical or sensory handicap.
SECTION XIL Dissolution.
A. If five of the Councils of the Member Cities, each by ordinance, make an
affirmative finding that dissolution is warranted for any reason, the existence of the Authority
shall be terminated by ordinance of the Renton City Council. Dissolution shall be accomplished
as provided in the Charter, and shall not take effect until proper provision has been made for
disposition of all Authority assets, if any.
B. Upon enactment of an ordinance by the Renton City Council for dissolution of the
Authority, the Authority shall file a dissolution statement signed by its president setting forth:
(i) The name and principal office of the Authority;
(ii) The debts, obligations and liabilities of the Authority, and the property and
assets available to satisfy the same; the provisions to be made for satisfaction of
outstanding liabilities and performance of executory contracts; and the estimated time for
completion of its dissolution;
(Ili) Any pending litigation or contingent liabilities;
(iv) The Board resolution providing for such dissolution and the date(s) and
proceedings leading toward its adoption, whenever the dissolution be voluntary; and
(v) A list of persons to be notified upon completion of the dissolution.
The City Mayor shall review the dissolution statement filed and oversee the dissolution to
protect the public interest and prevent impairment of obligation, or if so authorized by law,
authorize or initiate proceedings in the Superior Court for the appointment and supervision of a
receiver for such purposes.
12
ORDINANCE NO.
Upon satisfactory completion of dissolution proceedings, the City shall indicate such
dissolution by inscription of "charter cancelled" on the original Charter of the Authority, on file
with the.Clerk of the Council and, when available, on the duplicate original of the Authority, and
the existence of the Authority shall cease. The City shall give notice thereof pursuant to
Washington State law and to other persons requested by the Authority in its dissolution
statement.
C. Upon dissolution of the Authority or the winding up of its affairs, title to all
remaining assets or property of the Authority shall vest in SCORE as provided in the Charter
D. Notwithstanding the foregoing, the Authority shall not be dissolved until all
Bonds issued by the Authority are no longer outstanding.
SECTION XIII. Public Corporation. The Authority is a public corporation created
pursuant to RCW 35.21.730 through 35.21.755 as a separate legal entity from the City.
SECTION XIV. Ancillary Authority. The administrative staff of the City are
granted all such power and authority as reasonably necessary or convenient to enable each of
them to administer this ordinance efficiently and to perform the duties imposed in this ordinance
or the Charter.
SECTION XV. Liberal Construction. This ordinance shall be liberally construed
so as to effectuate its purposes and the purposes of RCW 35.21,730 through 35.21.755.
SECTION XVI. Effective Date. This ordinance shall take effect and be in full force
from and after passage and publication as provided by law.
13
ORDINANCE NO.
PASSED BY THE CITY COUNCIL this day of 12009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Approved to as to form:
Jay Reich, Special Counsel
Date of Publication:
ORD:1530:1/13/09:scr
14
Denis Law, Mayor
EXHIBIT C
Form of Charter of the
South Correctional Entity Facility Public Development Authority
(attached)
CHARTER
.m
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
TABLE OF CONTENTS
Page
ARTICLE I
NAME AND AUTHORITY SEAL.................................................................
1
ARTICLE II
AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY ............
I
Section1. Authority.......................................................................................
1
Section 2. Limitation on Liability..................................................................
1
Section 3. Mandatory Disclaimer...................................................................
2
ARTICLE III
DURATION OF AUTHORITY.......................................................................
3
ARTICLE IV
PURPOSE OF AUTHORITY..........................................................................
3
ARTICLE V
POWERS OF AUTHORITY...........................................................................
3
ARTICLE VI
LIMITS ON AUTHORITY POWERS.............................................................4
ARTICLE VII
ORGANIZATION OF AUTHORITY..............................................................
5
Section 1. Board of Directors and Tenure ......................................................
5
Section 2. Board Concurrence and Quorum Defined .....................................
5
Section 3. Right to Indemnification...............................................................
6
Section 4. Conflict of Interest and Code of Ethics .........................................
6
ARTICLE VIII
OFFICERS OF AUTHORITY .........................................................................
6
Section 1. Officers and Division of Duties ....................................................
6
Section2. Committees...................................................................................
7
ARTICLE IX
COMMENCEMENT OF AUTHORITY.........................................................
7
ARTICLEX
BYLAWS......................................................................................I..................
7
ARTICLE XI
MEETINGS OF THE AUTHORITY...............................................................7
Section 1. Time and Place of Meetings..........................................................
7
Section 2. Notice of Meetings........................................................................
7
Section 3. Notice of Special Board Meetings ................................................
8
Section 4. Waiver of Notice...........................................................................
8
Section 5. Notice to City Council..................................................................
8
Section 6. Open Public Meetings...................................................................
8
Section 7. Telephonic Participation...............................................................
9
Section 8. Parliamentary Authority................................................................
9
Section9. Minutes.........................................................................................
9
ARTICLEXII
CONSTITUENCY...........................................................................................
9
ARTICLE XIII
AMENDMENTS TO CHARTER AND BYLAWS ........................................
9
Section 1. Proposals to Amend Charter and Bylaws ......................................
9
Section 2. Proposals Initiated by the Board ...................................................
9
Section 3. Board Consideration of Proposed Amendments .........................
10
Section 4. Vote Required for Amendments to Charter or Bylaws ...............
10
Charter - i
PA20358_DG\20358_01Y
01/20/09
Section 5. City Council Approval of Proposed Charter Amendments
ARTICLE XIV MISCELLANEOUS...............................................................................
Section 1. Geographic Limitation........................................................
Section 2. Safeguarding of Funds ........................................................
Section 3. Public Records....................................................................
Section 4. Reports and Information; Audits .........................................
Section 5. Dissolution..........................................................................
Section 6. Nondiscrimination...............................................................
Section 7. Nonexclusive Charter..........................................................
ARTICLE XV APPROVAL OF CHARTER.................................................................
Charter - ii P:Q0358_DG\20358_01Y 01/20/09
CHARTER
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
ARTICLE I
NAME AND AUTHORITY SEAL
The name of this corporation shall be the "South Correctional Entity Facility Public
Development Authority" (hereinafter referred to as the "Authority"). The corporate seal of the
Authority shall be a circle with the name of the Authority and the word "SEAL" inscribed
therein.
ARTICLE II
AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC
DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY
Section 1. Authority.
The Authority is a public corporation organized pursuant to Revised Code of Washington
("RCW") 35.21.730 through 35.21.755, as the same now exist or may hereafter be amended, or
any successor act or acts (the "Act") and Ordinance No. of the City of Renton,
Washington, passed on , 20_ (the "Ordinance"). Formation of the Authority
was approved by Ordinance No. of the City of Auburn, passed on , 20_,
Ordinance No. of the City of Des Moines, passed on , 20_, Ordinance
No. of the City of Federal Way, passed on , 20_, Ordinance No. of the
City of Tukwila, passed on , 20_, Ordinance No. of the City of Burien, passed
on , 20_, and Ordinance No. of the City of SeaTac, passed on ,
20
Section 2. Limitation on Liability.
All liabilities incurred by the Authority shall be satisfied (a) in the case of obligations or
liabilities of the Authority which are not limited recourse in nature, exclusively from the assets,
credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the
Authority which, by their terms, are limited recourse obligations, from such assets, properties or
revenues of the Authority as shall be specifically pledged thereto or otherwise identified as being
the source of payment of such limited recourse obligations or liabilities, and no creditor or other
person shall have any right of action against or recourse to the Cities of Renton, Auburn, Des
Moines, Federal Way, Tukwila, Burien and SeaTac, Washington (collectively, the "Member
Cities"), its assets, credit, or services, on account of any debts, obligations, liabilities or acts or
omissions of the Authority.
Charter - 1
Section 3. Mandatory Disclaimer.
The following disclaimer shall be posted in a prominent place where the public may
readily see it in the Authority's principal and other offices. It shall also be printed or stamped on
all contracts, bonds, and other documents that,may entail any debt or liability by the Authority.
The South Correctional Entity Facility Public Development
Authority is organized pursuant to Ordinance No. — of the City
of Renton, Washington adopted on , 20_, and
approved by Ordinance No. of the City of Auburn,
Washington adopted on , 20_, Ordinance No. of
the City of Des Moines, Washington adopted on
20_, Ordinance No. _ of the City of Federal Way, Washington
adopted on , 20_, Ordinance No. of the City of
Tukwila, Washington adopted on , 20_, Ordinance
No. of the City of Burien, Washington adopted on ,
20_, and Ordinance No. of the City of SeaTac, Washington
adopted on , 20_, each as existing or as hereinafter
amended, and RCW 35.21.730 through 35.21.755.
RCW 35.21.750 provides as follows: "[A]II liabilities incurred by
such public corporation, commission, or authority shall be satisfied
exclusively from the assets and properties of such public
corporation, commission, or authority and no creditor or other
person shall have any right of action against the city, town, or
county creating such corporation, commission, or authority on
account of any debts, obligations or liabilities of such public
corporation, commission, or authority,"
In no event shall the obligations of the Authority be payable by
recourse against any properties, assets or revenues of the Cities of
Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien or
SeaTac, Washington or any other political subdivision of the State
of Washington. No person to whom such obligations are owed
shall have any recourse or right of action against the Cities of
Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien, or
SeaTac, Washington, the State of Washington or any other political
subdivision thereof on account of such obligations, except to
enforce the payments obligated to be made by ordinance by each of
the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila,
Burien or SeaTac, Washington.
Any of the Member Cities may, by ordinance or contract or pursuant to interlocal agreement,
agree to pay (on a contingent basis or otherwise), all or any portion of the obligations of the
Authority; however, (1) no Member City shall be obligated beyond the proportion or sum
specified by ordinance or contract, and (2) no Member City shall be obligated, directly or
indirectly for the obligations of any other Member City.
Charter - 2 PA20358_DG120358_01Y O1/20/09
ARTICLE III
DURATION OF AUTHORITY
The duration of this corporation shall be perpetual.
ARTICLE IV
PURPOSE OF AUTHORITY
Pursuant to chapter 39.34 RCW, the Member Cities have entered into the SCORE
Interlocal Agreement (the "Interlocal Agreement") for the formation of a governmental
administrative agency known as the South Correctional Entity ("SCORE"). SCORE is
responsible for the establishment and maintenance of a consolidated correctional facility (the
"SCORE Facility") to serve the Member Cities and federal and state agencies and other local
governments that may contract with SCORE to provide correctional services essential to the
preservation of the public health, safety and welfare. The purpose of the Authority is to provide
an independent legal entity under RCW 35.21.730-.755 and the Ordinance to issue debt to
finance and refinance the acquisition, construction, equipping and improvement of the SCORE
Facility. Such debt may be issued in one or more series, may be in the form of bonds, notes or
other evidences of indebtedness to provide interim and permanent financing for the SCORE
Facility and thereafter, to finance or refinance equipment, completion, expansion and other
capital improvements essential to maintain the SCORE Facility's functionality as deemed
necessary by the Board. Such bonds, notes, and other evidences of indebtedness are collectively
referred to herein as the "Bonds." Bonds may be issued from time to time by the Authority upon
a supermajority vote of the Board.
For the purpose of securing the exemption from Federal income taxation for interest on
obligations of the Authority, the Authority constitutes an authority and instrumentality of the City
of Renton, Washington (within the meaning of those terms in regulations of the United States
Treasury and rulings of the Internal Revenue Service prescribed pursuant to Section 103 and
Section 115 of the Internal Revenue Code of 1986, as amended).
ARTICLE V
POWERS OF AUTHORITY
The Authority shall have and may exercise all lawful powers conferred by State laws, the
Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions
shall be subject to the powers, procedures, and limitations contained in the Ordinance.
Charter - 3 P:\20358_DG\20358_OIY 01/20/09
ARTICLE VI
LIMITS ON AUTHORITY POWERS
The Authority in all activities and transactions shall be limited in the following respects:
1. The Authority shall have no power of eminent domain or any power to levy taxes
or special assessments.
2. Except as otherwise agreed to by a Member City, the Authority may not incur or
create any liability that permits recourse by any contracting party or member of the public to any
assets, services, resources, or credit of a Member City.
3. No funds, assets, or property of the Authority shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office; nor shall
any funds or a substantial part of the activities of the Authority be used for publicity or
educational purposes designed to support or defeat legislation pending before the Congress of the
United States, or the Legislature of the. State of Washington or the Council of a Member City;
provided, however, that funds may be used for representatives of the Authority to communicate
with members of Congress, State legislators or members of the Councils of the Member Cities
concerning funding and other matters directly affecting the Authority, so long as such activities
do not constitute a substantial part of the Authority's activities.
4. All funds, assets, or credit of the Authority shall be applied toward or expended
upon services, projects, and activities authorized by this Charter. No part of the net earnings of
the Authority shall inure to the benefit of, or be distributable as such to, Board Members, officers
or other private persons, except that the Authority is authorized and empowered to:
(A) Reimburse Board Members, employees and others performing services for
the Authority reasonable expenses actually incurred in performing their duties, and
compensate employees and others performing services for the Authority a reasonable
amount for services rendered;
(B) Assist Authority Board Members or employees as members of a general
class of persons to be assisted by a corporate -approved project or activity to the same
extent as other members of the class as long as no special privileges or treatment accrues
to such Board Member or employee by reason of his or her status or position in the
Authority;
(C) Defend and indemnify any current or former Board Member or employee
and their successors against all costs, expenses, judgments, and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or
resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or
may be made a party by reason of being or having been a Board Member or employee or
by reason of any action alleged to have been taken or omitted by him or her in such
Charter - 4 PA20358_DG\20358_01Y 01/20/09
position, provided that he or she was acting in good faith on behalf of the Authority and
within the scope of duties imposed or authorized by law. This power of indemnification
shall not be exclusive of other rights to which Board Members or employees may be
entitled as a matter of law;
(D) Purchase insurance to protect and hold personally harmless any current or
former Board Member or employee and their successors from any action, claim, or
proceeding instituted against the foregoing individuals arising out of the performance, in
good faith, of duties for, or employment with, the Authority and to hold these individuals
harmless from any expenses connected with the defense, settlement, or monetary
judgments from such actions, claims, or proceedings. The purchase of such insurance
and its policy limits shall be discretionary with the Board Members, and such insurance
shall not be considered to be compensation to the insured individuals. The powers
conferred by this subsection shall not be exclusive of any other powers conferred by law
to purchase liability insurance; and
(E) Sell assets for a consideration greater than their reasonable market value or
acquisition costs, charge more for services than the expense of providing them, or
otherwise secure an increment in a transaction, or carry out any other transaction or
activity, as long as such gain is not the object or purpose of the Authority's transactions
or activities and is applied to or expended upon services, projects, and activities as
aforesaid.
5. The Authority shall not issue shares of stock, pay dividends, make private
distribution of assets, make loans to its Board Members or employees or otherwise engage in
business for private gain.
ARTICLE VII
ORGANIZATION OF AUTHORITY
Section 1. Board of Directors and Tenure
The management of all Authority affairs shall reside in a Board of Directors. The
SCORE Administrative Board created pursuant to Section 5 of the Interlocal Agreement,
including all amendments, shall act ex offacio as the Board of the Authority. Board Members
shall have terms coextensive with their terms as members of the SCORE Administrative Board.
Section 2. Board Concurrence and Quorum Defined. "Board concurrence" may
be obtained at any regular or special Board meeting by an affirmative vote of a majority of the
Board Members voting on the issue, provided that such majority equals not less than four (4)
votes. A "supermajority vote of the Board" may be obtained at any regular or special Board
meeting by an affirmative vote of a majority plus one of the Board members, two 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 of the preceding year. Five (5) voting Board Members must be
Charter - 5 P:Q0358 DM20358 OIY 01/20/09
present at any regular or special meeting of the Board to comprise a quorum, and for the Board to
transact any business. Proxy voting shall not be allowed. The Bylaws of the Authority may
prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in this
Section. Board Members present at a duly convened meeting may continue to transact business
notwithstanding the departure of enough members to leave less than a quorum.
Section 3. Right to Indemnification.
To the extent permitted by law, the Authority may protect, defend, hold harmless and
indemnify any person who becomes a director, officer, employee or agent of the Authority, and
who is a party or threatened to be made a party to a proceeding by reason related to that person's
conduct as a director, officer, employee or agent of the Authority, against judgments, fines,
penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her
in connection with such proceeding, if such person acted in good faith and reasonably believed
his or her conduct to be in the Authority's best interests and if, in the case of any criminal
proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The
indemnification and protection provided herein shall not be deemed exclusive of any other rights
to which a person may be entitled as a matter of law or by contract or by vote of the Board of
Directors. The Authority may purchase and maintain appropriate insurance for any person to the
extent provided by the applicable law.
Section 4. Conflict of Interest and Code of Ethics.
The Authority shall, in the Bylaws, adopt a code of ethics policy for Board Members. All
Board Members will be required to disclose any information concerning actions or activities of
the candidate or his/her immediate family that present a potential conflict of interest as a Board
Member.
ARTICLE VIII
OFFICERS OF AUTHORITY
Section 1. Officers and Division of Duties.
The Authority shall have at least one officer, the President, selected as provided in the
Bylaws. Subject to the control of the Board, the President shall have general supervision,
direction and control of the business and affairs of the Authority. The President shall be the
agent of the Authority for service of process. On matters decided by the Authority, unless
otherwise required under the Ordinance or by this Charter, the signature of the President alone is
sufficient to bind the corporation.
The Bylaws may designate additional corporate officials as agents to receive or initiate
process. The Board also may provide for additional officers, e.g., Vice President, Secretary,
and/or Treasurer. The President and the Treasurer may not be the same person. The day to day
Charter - 6 P:\20358_DG120358_01Y 01/20/09
affairs of the Authority, including debt administration, shall be managed by the Facilities
Director of the SCORE Facility, in the manner provided in the Interlocal Agreement.
Section 2. Committees.
The Bylaws may provide for an Executive Committee, which shall be appointed and/or
removed by the Board, and shall have and exercise such authority of the Board in the
management between meetings of the Board, as may be specified in the Bylaws. The
appointment of other committees shall be provided for in the Bylaws.
ARTICLE IX
COMMENCEMENT OF AUTHORITY
The Authority shall commence its existence effective upon the issuance of its Charter as
sealed and attested by the City Clerk of the City of Renton as provided in the Ordinance.
ARTICLE X
BYLAWS
The initial Bylaws may be amended by the Board to provide additional or different rules
governing the Authority and its activities as are not inconsistent with this Charter. The Board
may provide in the Bylaws for all matters related to the governance of the Authority, including
but not limited to matters referred to elsewhere in the Charter for inclusion therein.
ARTICLE XI
MEETINGS OF THE AUTHORITY
Section 1. Time and Place of Meetings.
Regular meetings of the Board shall be held at least two times per year at a regular time
and place to be determined by the Board by resolution. At the last regular meeting of the
calendar year, the Board shall adopt a resolution specifying the date, time and place of regular
meetings for the upcoming calendar year. A copy of the resolution shall be distributed in the
same manner as notice of special meetings is provided pursuant to Section 3 below. Special
meetings of the Board may be held at any place at any time whenever called by the President or a
majority of the Board Members.
Section 2. Notice of Meetings.
No notice of regular meetings shall be required, except for the first regular meeting after
any change in the time or place of such meeting adopted by resolution of the Board as provided
above. Notice of such changed regular meeting shall be given by the President or by the person
Charter - 7 P \20358 DG\20358 OIY 01/20/09
or persons calling the meeting by email or by personal communication over the telephone to each
Board Member least 24 hours prior to the time of the meeting or by at least three (3) days' notice
by mail, telegram, electronic or written communication. If mailed, notice shall be mailed by
United States mail, postage prepaid, to the last known address of each Board Member.
Section 3. Notice of Special Board Meetings.
Notice of all special meetings of the Board of Directors shall be given by the President or
by the person or persons calling the special meeting in accordance with RCW 42.30.080 by
delivering personally, by electronic means or by mail written notice at least 24 hours prior to the
time of the meeting to each Board Member, to each local newspaper of general circulation and to
each radio or television station that has requested notice and to any other individual specifically
requesting it in writing. The call and notice of all special meetings shall specify the time and
place of all special meetings and the business to be transacted. Final disposition shall not be
taken by the Board on any other matters at such special meetings. At any regular meeting of the
Board, any business may be transacted and the Board may exercise all of its powers.
Section 4. Waiver of Notice.
Notice as provided in Sections 2 and 3 hereof may be dispensed with as to any member of
the Board who at or prior to the time the meeting convenes files with the Board of the Authority
a written waiver of notice or who is actually present at the meeting at the time it convenes. Such
notice may also be dispensed with as to special meetings called to deal with an emergency
involving injury or damage to persons or property or the likelihood of such injury or damage,
where time requirements of such notice would make notice impractical and increase the
likelihood of such injury or damage. Notice, as provided in Article XIII of this Charter
concerning proposed amendments to this Charter or Bylaws and votes on such amendments, may
not be waived.
Section 5. Notice to City Council.
Notice of all meetings and minutes of all meetings of the Board shall be given to the City
Council of the Member Cities by giving notice to the City Clerk of each of the foregoing Member
Cities.
Section 6. Open Public Meetings.
All Board meetings, including executive, all other permanent and ad hoc committee
meetings, shall be open to the public to the extent required by chapter 42.30 RCW. The Board
and committees may hold executive sessions to consider matters enumerated in chapter 42.30
RCW or privileged matters recognized by law, and shall enter the cause therefor in its official
journal. Notice of meetings shall be given in a manner consistent with the Ordinance and
chapter 42.30 RCW. In addition, the Authority shall provide reasonable notice of meetings to
any individual specifically requesting it in writing. At such meetings, any person shall have a
reasonable opportunity to address the Board either orally or by written petition.
Charter - 8 P \20358_DG\20358 OIY 01/20/09
Section 7. Telephonic Participation
Board Members may participate in a regular or special meeting through the use of any
means of communication by which all Board Members and members of the public participating
in such meeting can hear each other during the meeting. Any Board Member 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.
Section S. Parliamentary Authority.
The rules in Robert's Rules of Order (newly revised) shall govern the Authority in all
cases to which they are applicable, where they are not inconsistent with this Charter or with the
special rules of order of the Authority set forth in the Bylaws.
Section 9. Minutes.
Copies of the minutes of all regular or special meetings of the Board shall be available to
any person or organization that requests them. The minutes of all Board meetings shall include a
record of individual votes on all matters requiring Board approval.
ARTICLE XII
CONSTITUENCY
There shall be no constituency of the Authority.
ARTICLE XIII
AMENDMENTS TO CHARTER AND BYLAWS
Section 1. Proposals to Amend Charter and Bylaws.
Proposals to amend this Charter may be initiated by the Renton City Council or by the
Board Members. Proposals to amend the Bylaws may be initiated by the Board Members.
Proposals to amend the Charter initiated by the Renton City Council shall be presented to the
Board in a format as provided in Section 2(1), in accordance with the terms of the Ordinance.
Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner
described in the following Sections 2 and 3.
Section 2. Proposals Initiated by the Board.
1. Proposals to amend the Charter or Bylaws shall be presented in a format which
strikes over material to be deleted and underlines new material.
Charter - 9 P i 120358_DG\20358_0IY 01/20/09
2. Any Board Member may introduce a proposed amendment to the Charter or to the
Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of
which 30 days advance written notice has been given to members of the Board. Any notice
required by this Article may be given by telegram, electronic or written communication. If
mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address
of each Board Member.
Section 3. Board Consideration of Proposed Amendments.
If written notice of a proposed amendment to the Charter or to the Bylaws, and
information, including the text of the proposed amendment and a statement of its purpose and
effect, is provided to Board Members at least 30 days prior to any regular Board meeting or any
special meeting of which advance notice has been given, then the Board may vote on the
proposed amendment at the same meeting as the one at which the amendment is introduced.
Germane amendments to the proposed amendment within the scope of the original amendment
will be permitted at the meeting at which the vote is taken.
Section 4. Vote Required for Amendments to Charter or Bylaws.
Resolutions of the Board approving proposed amendments to the Charter or Bylaws
require an affirmative vote of a majority of the Board members voting on the issue, provided that
such majority equals not less than four (4) votes. Amendments to this Charter shall be effective
as provided in Section 5 of this Article. Amendments to the Bylaws shall be effective upon
adoption by the Board.
Section 5. City Council Approval of Proposed Charter Amendments.
Proposed Charter amendments initiated and approved by the Board shall be submitted to
each of the Councils of the Member Cities; provided, however, that no amendment to the Charter
shall be effective until approved by the Renton City Council and the Councils of four (4) of the
other Member Cities; provided further, however, that no amendment to the Charter that revises
the definition of "supermajority vote of the Board" as provided in Article VI, Section 2 shall be
effective until approved by the Councils of all of the Member Cities.
ARTICLE XIV
MISCELLANEOUS
Section 1. Geographic Limitation.
The Authority may conduct activities outside of the boundaries of the City of Renton,
Washington, including but not limited to acquiring, equipping, constructing, improving and
maintaining the SCORE Facility located in the City of Des Moines, Washington, upon
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determination by the Renton City Council that each such activity will further the purposes of the
Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740.
Section 2. Safeguarding of Funds.
Authority funds shall be deposited in a qualified public depository as determined by the
Washington Public Deposit Protection Commission.
Section 3. Public Records.
The Authority shall maintain all of its records in a manner consistent with the
Preservation and Destruction of Public Records Act, chapter 40.14 RCW. The public shall have
access to records and information of the Authority to the extent as may be required by applicable
laws.
Section 4. Reports and Information; Audits.
Within three (3) months after the end of the Authority's fiscal year, the Authority shall
file an annual report with the Finance Director and Council of each Member City containing an
audited statement of assets and liabilities, income and expenditures and changes in the
Authority's financial position during the previous year; a summary of significant
accomplishments; a list of depositories used; a projected operating budget for the current fiscal
year; a summary of projects and activities to be undertaken during the current year; a list of a list
of officers of the Board; and a list of individuals, if any, that are bonded pursuant.
The Authority shall, at any time during normal business hours and as often as each City
Finance Director or the State Auditor deem necessary, make available to each City Finance
Director and the State Auditor for examination all of the Authority's financial records, and shall
permit the City Finance Director and the State Auditor to audit, examine and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all the aforesaid
matters.
Section 5. Dissolution.
Dissolution of the Authority shall be in the form and manner required by this Charter,
Washington State law, the Ordinance, and the Bylaws. Dissolution proceedings may be initiated
by the Council of any of the Member Cities or, if the Board makes an affirmative finding that
dissolution is necessary or appropriate, the Board may adopt a resolution requesting Councils of
the Member Cities to adopt an ordinance dissolving the Authority. In either case, if five (5) of
the Councils of the Member Cities, each by ordinance, make an affirmative finding that
dissolution is warranted for any reason, then the existence of the Authority shall be terminated by
ordinance of the Renton City Council.
Charter - 1 I P:20358_D&20358_01Y 01/20/09
Upon dissolution of the Authority and the winding up of its affairs, the Board shall file a
dissolution statement as provided in the Ordinance. Title to all remaining property or assets of
the Authority shall vest in SCORE or if there is no SCORE in existence at the time, then all
property and assets shall be distributed to the Member Cities in an allocable amount calculated as
provided in the Interlocal Agreement.
Notwithstanding the foregoing, the Authority shall not be dissolved until all Bonds issued
by the Authority are no longer outstanding.
Section 6. Nondiscrimination.
Membership to the Board shall not be directly or indirectly based upon or limited by age,
race, color, religion, sex, national origin, sexual orientation, or the presence of any mental,
physical or sensory impairment. Furthermore, the Authority shall not discriminate in any matter
related to employment because of age, race, color, religion, sex, national original, sexual
orientation, or the presence of any mental, physical or sensory impairment. The Authority shall,
in all solicitation or advertisements for employees placed by or on behalf of the Authority, if any,
state that all qualified applicants will receive consideration for employment without regard to
age, race, color, religion, sex, national origin, sexual orientation, or the presence of any mental,
physical or sensory impairment.
Section 7. Nonexclusive Charter.
This Charter is nonexclusive and does not preclude the granting by Member Cities of
other charters to establish additional public corporations pursuant to City ordinance.
ARTICLE XV
APPROVAL OF CHARTER
ORIGINAL CHARTER APPROVED by Ordinance adopted by the City Council
of the City of Renton, Washington on , 20_; Ordinance adopted by the City
Council of the City of Federal Way, Washington on , 20_; Ordinance
adopted by the City Council of the City of Auburn, Washington on , 20_;
Ordinance adopted by the City Council of the City of Des Moines, Washington on
20 Ordinance adopted by the City Council of the City of Tukwila,
Washington on , 20_; Ordinance adopted by the City Council of the City of
Burien, Washington on , 20_; and Ordinance adopted by the City Council
of the City of SeaTac, Washington on , 20_.
Charter - 12 P:\20358-DG\20358-OIY O1120/09
is Charter is APPROVED this day of , 20
[SEAL]
ATTEST:
City Clerk
Mayor, City of Renton
Charter - 13
P:120358_DG120358_01Y 01/20/09
EXHIBIT D
Form of Bylaws of the
South Correctional Entity Facility Public Development Authority
(attached)
BYLAWS
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
ARTICLE I
MEMBERSHIP
Section 1.1 Board Tenure. For the purpose of determining members of the South
Correctional Entity Facility Public Development Authority (the "Authority") Board of Directors
(the "Board") the procedures set forth in the Authority Charter (the "Charter") and the SCORE
Interlocal Agreement (the "Interlocal Agreement") by and among the Cities of Renton, Auburn,
Federal Way, Des Moines, Tukwila, Burien, and SeaTac, Washington (the "Member Cities"),
shall govern.
ARTICLE II
OFFICERS AND COMMITTEES
Section 2.1 Officers Designated. The Presiding Officer of the Administrative Board
selected in the manner provided in Section 5(e) of the Interlocal Agreement shall be the President
of the Board. Such other officers and assistant officers as may be deemed necessary may be
elected or appointed by the Board. No person may simultaneously hold more than one office. In
addition to the powers and duties specified below, the officers shall have such powers and
perform such duties as the Board may prescribe.
Section 2.2 Qualification and Term of Office. The additional officers shall be
members of the Board or any other person designated by the Board who is at the time an official
or employee of at least one of the Member Cities or the SCORE Facility. The additional officers
shall be elected or appointed by the Board and shall hold office for terms established as a part of
the original appointment or for terms established in accordance with the Interlocal Agreement.
Section 2.3 Removal From Office. Upon reasonable prior notice to all Board
Members of the alleged reasons for dismissal, the Board by an affirmative vote of the majority of
the Board Members may remove any officer of the Board from his or her office whenever in its
judgment the best interests of the Authority will be served thereby.
Section 2.4 Vacancies. The Board shall fill any office which becomes vacant with a
successor who shall hold office for the unexpired term and until his or her successor shall have
been duly appointed and qualified.
Section 2.5 Reimbursement. The Board may reimburse Board Members, employees
and others performing services for the Authority reasonable expenses actually incurred in
performing their duties.
Section 2.6 Establishment of Committees. The Board may, by resolution, designate
one or more other committees, including an Executive Committee, each consisting of one or
more members, to advise the Board or, on matters other than those described in the Charter to act
for and on behalf of the Board. The designation of any such committee and the delegation
thereto of authority shall not operate to relieve any Board Member of any responsibility imposed
by law. The Executive Committee, if any, shall have and exercise such powers of the Board as
the Board shall from time to time provide by resolution.
Section 2.7 Code of Ethics.
(a) Except as otherwise provided in this section, no Board Member or employee of
the Authority may:
(1) Participate in a decision of the Authority in which that person or a member
of that person's immediate family has a financial interest, unless the financial interest is a
remote financial interest and participation is approved under subsection (b) of this
section;
(2) Use his or her position to secure special privileges or exemptions for
himself, herself, immediate family members, or others;
(3) Directly or indirectly, give or receive or agree to receive any
compensation, gift, reward, or gratuity from a source except the Authority for a matter
connected with or related to such individual's services in his or her position unless
otherwise provided for by law;
(4) Accept employment or engage in business or professional activity that
such individual might reasonably expect would require or induce him or her by reason of
his or her position with the Authority to disclose confidential information acquired by
reason of his or her position; or
(5) Disclose confidential information gained by reason of such individual's
position with the Authority, or otherwise use such information for his or her personal gain
or benefit.
(b) A Board Member or employee of the Authority may participate in a decision
described in (a)(1) above if that person or a member of that person's immediate family has only a
remote financial interest, the fact and extent of such financial interest is disclosed to the Board in
a public meeting, and is noted in the minutes of the Board before any participation by the Board
Member in the decision, and thereafter in a public meeting the Board by vote authorizes or
approves the participation. If the person whose participation is under consideration is a Board
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Member, that person must recuse him or herself and may not participate in a decision under this
subsection. Any Board Member with an ownership interest in property located within the
Authority area shall recuse him or herself from participating in a decision if such property is
directly benefiting from such action. For purposes of this subsection, "remote financial interest"
means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party where the
compensation of the employee or agent consists entirely of fixed wages or salary and the
contract is awarded by bid or by other competitive process;
(3) That of a landlord or tenant of a contracting party, except in cases where
the property subject to the lease or sublease is owned or managed by the public
corporation;
(4) That of a holder of less than one percent of the shares of the corporation or
cooperative that is the contracting party; or
(5) That of an owner of a savings and loan or bank savings or share account or
credit union deposit account if the interest represented by the account is less than two
percent of the total deposits held by the institution.
(c) A Board Member or employee of the Authority is not considered to be financially
interested in a decision when the decision could not affect that person in a mamler different from
its effect on the public at large.
(d) All Board Members shall disclose any information concerning actions or activities
of the candidate or his/her immediate family that present a potential conflict of interest as a
Board Member.
(e) For purposes of this section, "participate in a decision" includes all discussions,
deliberations, preliminary negotiations, and votes.
(f) For purposes of this section, "immediate family" means:
(1) A spouse or domestic partner;
(2) Any dependent parent, parent -in-law, child, son-in-law, or daughter-in-
law; and
(3) Any parent, parent -in-law, child, son-in-law, daughter-in-law, sibling,
uncle, aunt, cousin, niece or nephew residing in the household of the
Board Member or employee.
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(g) The Board may adopt additional conflict of interest and ethical rules it considers
appropriate.
ARTICLE III
ADMINISTRATIVE PROVISIONS
Section 3.1 Books and Records. SCORE, on behalf of the Authority, shall keep
current and complete books and records of account and shall keep minutes of the proceedings of
its Board and its committees having any of the authority of the Board. The proceeds of any
borrowing by the Authority shall be held, invested and disbursed by SCORE, subject to the terms
and limitations established pursuant to the Interlocal Agreement. SCORE shall provide a regular
accounting of the financial affairs of the Authority to the Board at each regular Board meeting.
The obligations of the Authority shall be administered by SCORE, and SCORE is hereby
designated and delegated with full authority to administer such obligations, all in a manner
consistent with the Interlocal Agreement.
Section 3.2 Indemnification. The Authority elects to defend and indemnify its present
and former Board Members and employees and their successors, spouses, and marital
communities to the frill extent authorized by law and the Charter. This right of indemnification
shall inure in perpetuity to each Board Member and employee, and his or her spouse and marital
community, commencing as soon as he or she has the full powers and responsibilities of his or
her position, and in the event of his or her death shall extend to his or her heirs, legal
representatives, and estate. Each person who shall act as a Board Member or employee of the
Authority shall be deemed to do so in reliance upon such indemnification, and such rights shall
not be exclusive of any other right which he or she may have.
Section 3.3 Principal Office. The principal office of the Authority shall be 1055 South
Grady Way, Renton, Washington 98057.
Section 3.4 Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and
end December 31 of each year, except the first fiscal year which shall run from the date the
Charter was issued to December 31, 2009.
ARTICLE IV
APPROVAL OF BYLAWS
APPROVED by Ordinance adopted by the City Council of the City of Renton,
Washington on
, 20_; Ordinance
adopted by the City Council of the City of
Federal Way on
, 20_; Ordinance
adopted by the City Council of the City
of Auburn on
, 20_; Ordinance
adopted by the City Council of the City of
Des Moines on
,, 20_; Ordinance
adopted by the City Council of the City of
Tukwila on
20_; Ordinance
adopted by the City Council of the City of
-4- P:\20358_DG\20358_OIZ01/20/09
Burien on , 20_; and Ordinance adopted by the City Council of the
City of SeaTac on , 20_.
-5- PA20358_DG120358_01Z 01/20/09
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING CHAPTER 8, GAMBLING TAX, OF TITLE V (FINANCE
AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED
"CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON," RELATING TO THE TAX RATE IMPOSED ON
BINGO AND/OR RAFFLES OPERATED BY CHARITABLE OR
NONPROFIT ORGANIZATIONS.
WHEREAS, the Council finds there has been a recent and substantial decrease in bingo
activity at nonprofit and charitable organizations in the City; and
WHEREAS, it is the Council's desire to enact uniform taxes and apply them uniformly
as required by the State Constitution; and
WHEREAS, effective January 1, 2000, the State of Washington decreased the gambling
tax rate for bingo and raffles from ten percent to five percent; and
WHEREAS, Ruth Dykman Children's Center acquired a certain gaming operation from
the Big Brothers/Big Sisters and started their operation in Burien in January 2007 under the
name of Imperials Bingo, and moved to Renton as of January 2008; and
WHEREAS, Ruth Dykman Children's Center uses the profits from the gaming
operations to provide in and out -patient treatment and counseling services to children and their
families affected by mental health and drug and alcohol dependencies; including services to fifty
(50) Renton patients' families during 2008; and
WHEREAS, it is the Council's desire to provide a reduced gambling tax rate at two and
one half percent (2.5%) on bingo and raffles for nonprofit organizations such as Ruth Dykman
Children's Center who provide basic health, education, and welfare services to residents in
Renton and other South King County communities;
D
ORDINANCE NO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Subsection A of section 5-8-5, Taxes Levied, of Chapter 8,
Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as
follows:
A. For the conduct or operation of any bingo games and raffles, a tax rate of
five percent (5%) of the gross receipts received therefrom, less the actual net
amount awarded as cash or merchandise prizes. No tax shall be imposed on the
first ten thousand dollars ($10,000) of gross receipts less the amount awarded as
cash or merchandise prizes from bingo games and raffles conducted by any bona
fide charitable or nonprofit organization as defined in RCW 9.46.020(3). A tax
rate of two and one-half percent (2.5%) shall be imposed on the gross receipts
exceeding ten thousand dollars ($10,000) in a year, less the amount awarded as
cash or merchandise prizes, from bingo games and raffles conducted by a bona
fide charitable or nonprofit organization as defined in RCW 9.46.020(3), whose
purpose is to provide programs or facilities for meeting the basic health,
education, or welfare needs to residents. in Renton and other South King County
Communities.
SECTION II. This ordinance shall be effective upon its passage, approval, and
five (5) days after publication.
ORDINANCE NO.
PASSED BY THE CITY COUNCIL this day of 52009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Denis Law, Mayor
Approved to as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD: 1528:1 /7/09:scr