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HomeMy WebLinkAboutCOW 2009-08-24 COMPLETE AGENDA PACKET4 ADJOURNMENT Tukwila City Council Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder Rhonda Berry, City Administrator Dennis Robertson Verna Griffin Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn 5. REPORTS To be followed by a Special Meeting Monday, August 24, 2009, 7.00 PM 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL Promotion of Don Lincoln to Assistant Police Chief. PRESENTATIONS 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4 SPECIAL a. Bid Award for Storm Lift Station No. 18 Improvements. Pg.1 ISSUES b. Local Improvement District Formation Schedule for Tukwila Urban Center Pg.9 Access Project (Klickitat). c. An ordinance amending the SCORE Jail Interlocal Agreement. Pg.19 d. Tukwila Village development negotiations update. Pg.47 a. Mayor b. City Council 6. MISCELLANEOUS 7 EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING 1. CALL TO ORDER ROLL CALL 2. CONSENT AGENDA 3. BID AWARDS c. Staff d. City Attorney Tukwila City Hall, Council Chambers e. Intergovernmental SPECIAL MEETING Ord #2247 Res #1689 Approval of Vouchers. Award a contract to Ro -Con Equipment Specialist, Inc. for the Storm Lift Pg.1 Station No. 18 Improvements project in the amount of $294,610 00. Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk s Office 206 433- 1800/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. CAS NUMBER. 09-117 SPONSOR'S SUMMARY MTG DATE 08/24/09 08/24/09 MTG DATE 08/24/09 08/24/09 0 I I i Meeting Date 08/24/09 CATEGORY Discussion Motion Mtg Date 08/24/09 Mtg Date COUNCIL AGENDA SYNOPSIS Prepared by JM Resolution Mtg Date Initials 1 Mayor's review ITEM INFORMATION Fund Source: 412.02 SURFACE WATER (PG. 148, 2009 CIP) Comments Council review ORIGINAL AGENDA DATE: AUGUST 24, 2009 AGENDA ITEM TITLE Bid Award for Storm Lift Station No. 18 Improvements RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 08/12/09 (revised after TC) Bid Tabulation 2009 CIP Sheet Page 148 Minutes from the Transportation Committee meeting of 08/17/09 ITEM No SP 3 Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 08/24/09 Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV The Storm Lift Station No. 18 Improvement Project will replace the existing single 8" pump with two 10" pumps to increase pumping capacity and provide a secondary backup pump. The project was advertised for bids on July 29 and August 5, 2009 and nine bids were opened on August 12 with the low bid of $294,610.00 from Ro -Con Equipment Specialist, Inc. Ro -Con's references were checked and found to be satisfactory Council is requested to award the bid to Ro -Con Equipment Specialist, Inc. for $294,610.00. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. Parks Comm. Planning Comm. DA "1'E. 08/17/09 RECOMMENDATIONS. SPONSOR /ADMIN Public Works CoMMI Unanimous Approval, Forward to Committee of the Whole Special COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $294,610.00 $300,000.00 $0.00 ISSUE City of Tukwila INFORMATIONAL MEMORANDUM TO Mayor Haggerton TRANSPORTATION COMMITTEE FROM Public Works Director DATE August 12, 2009 SUBJECT Storm Lift Station No. 18 Improvements Project No 07 -DRO3 BID AWARD Award the bid for construction of Storm Lift Station No 18 Improvements BUDGET AND BID SUMMARY (All amounts include sales tax.) Bid Results Estimate Budg Construction 294,610.00 373,118 63 300,000 00 Contingency (20 58.922.00 74.623.73 0.00 Total 353.532.00 447142.36 300.000.00 *Any overage amount will come from the Surface Water Fund's ending fund balance. RECOMMENDATION The Council is being asked to award the construction of the Storm Lift Station No 18 Improvements to Ro -Con Equipment Specialist, Inc. in the amount of $294,610 00 for consideration at the August 24, 2009 Committee of the Whole meeting and the Special Meeting immediately following the C 0 W that same night. Attachments: Bid Tabulations CIP Sheet W:1PW Eng \PROJECTSW- DR Projects \07 -DRO3 (Storm Lift Station No. 18 Improvements) \Design \Info Memo Bid Award.doc Jim Haggerton, Mayor BACKGROUND This project will upgrade Storm Lift Station No 18 by replacing the existing single 8" pump with two 10" pumps, replacing the wet well, adding a control structure and constructing an electrical control building These improvements will require the acquisition of additional right -of -way and will provide a secondary backup pump, increased pumping capacity and automatic operation The project was advertised for bids on July 29 and August 5, 2009 Nine bids were received and opened on August 12, 2009 and the bids were checked and tabulated Ro -Con Equipment Specialist, Inc. is the low bidder with a base bid of $294,610 00 The engineer's estimate was $373,118 63 ANALYSIS The bids were reviewed and tabulated No errors were found Ro -Con Equipment Specialist, Inc's references were checked and found to be satisfactory Owner: City of Tukwila Project: Allentown Storm Water Pump Station Engineers: PACE Engineers, Inc. ITEM NO. ITEM OR TASK DESCRIPTION ROADWAY 1 6" HMA 1/2" with 6" CSTC Base 2 3" HMA 1/2" with 2" CSTC Base I 3 Crushed Surfacing Top Course 4 Shoulder Gravel TRAFFIC CONTROL DEVICES 5 Traffic Control Devices ROADSIDE DEVELOPMENT I 6 Property Restoration 7 Plantings 8 10 -Foot Chain Link Gate 9 Cedar Fence STORM DRAINAGE 10 Mobilization 11 Temporary Water Polution /Erosion Control 12 Resolution of Utility Conflicts 13 Traffic Control Labor (Min. $35 /hr) 14 Contractor- Supplied Surveying and Staking 15 Potholing 16 Storm Water Pump Station I 17 72 -inch Diameter Discharge Manhole 118 CMU Building 1 19 10" DI Pipe and Fittings 1 20 12" DI Pipe and Fittings 121 Removal and Disposal of Existing 84" Pump Station 22 Removal and Salvage of Existing Controls 23 10" R.S. Gate Valve and Valve Box 24 Bank Run Gravel 1 25 36" DI Pipe 1 26 Electncal 27 Trench Shoring and Safety Sales Tax included Unit and Lump Sum prices per Rule 171 Bid Tab 8- 12- 09.x1s QUANTITY NO. UNIT UNIT UNITS PRICE COST 125 SY 860.00 57.500.00 $58.00 97.250.00 8110.00 813.750,00 675.00 09,375.00 068.00 011,000.00 $90.00 011.250.00 076.00 $9,500.00 25 SY 532.00 $800.00 $50.00 01,250.00 I 0300.00 97,500.00 060.00 51.500,00 097.00 52,425.00 $45.00 51.125.00 038.00 $950.00 70 TN 028.00 01.960.00 530.00 $2,100.00 $55.00 03.850.00 $30.00 82,100.00 $26.00 91.820.00 $20.00 51.400,00 536.00 02,520.00 50 TN 028.00 51.400.00 530.00 01.500,00 $65.00 53,250.00 530.00 01.500,00 I $26.00 01,300.00 030.00 01.500,00 537.00 01,850.00 1 FA 10 EA 1 LS 70 LF LS LS 1 FA 400 Hour 1 LS FA LS LS LS LS LS LS 1 LS 2 EA 150 TN 1 LS LS LS LS 54,500.00 94,500.00 95,000,00 55.000,00 '1 5600.00 5600,00 02.500.00 92.500,00 51.150,00 Subtotals UNIT PRICE COST BID TABULATION RO -CON EQUIPMENT SPEC. 1 EBENAL GENERAL- INC. NORDIC CONSTRUCTION. INC SCI INFRASTRUCTURE. LLC CONSTRUCTION INC UNIT UNIT UNIT UNIT UNIT UNIT UNIT PRICE COST PRICE_ COST j PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST $5.000.00 55.000,00 55,000.00 55.000,00 05,000.00 $5,000.00 $5.000.00 05,000,00 05.000,00 55,000.00 05.000,00 55,000.00 55.000,00 55,000.00 I 85.000,00 $5,000.00 q $5.000.00 55.000,00 5450.00 $4.500.00 $500.00 05.000,00 $200.00 02.000,00 0200.00 02.000,00 $92.00 5920.00 5130.00 51,300.00 5335,00 $3.350.00 I 0350.00 53.500,00 p $250.00 52,500,00 91,800.00 01,800.00 $2,000.00 52.000,00 51,000.00 01,000,00 $1.200.00 01,200.00 01,900.00 $1.900.00 51.700,00 $1.700.00 81.700,00 01.700,00 I 51.700.00 51,700.00 II $1.200.00 01.200.00 $35.00 02,450.00 $30.00 52.100.00 535.00 02,450.00 550.00 $3.500.00 I 539.00 82,730,00 030,00 02.100.00 530.00 02.100,00 I 030,00 $2.100.00 528.00 $1.960.00 56,000,00 06,000,00 030,000.00 530,000.00 $8,000.00 $8.000.00 016,500.00 016,500.00 $29,600.00 029,600,00 51,000.00 01,000,00 05.000,00 55,000,00 01.500,00 91,500.00 02.500.00 $2,500.00 528.800.00 828;800,00 010,000.00 910,000.00 510.000,00 010.000,00 510,000.00 910,000.00 010,500.00 010,000.00 010,000.00 910,000,00 538.00 $15,200.00 545.00 018.000.00 542.00 916,800.00 I 540,00 516,000.00 1 $46.00 018,400.00 53,200.00 03200,00 05,000.00 05,000.00 82.000,00 02,000.00 05,000.00 05,000.00 02.600,00 52.600.00 55,000,00 $5,000.00 05,000.00 05,000,00 55.000.00 05.000,00 $5.000.00 05,000.00 05.000,00 05,000.00 559,500.00 559.500.00 596.000.00 096,000,00 0135.000.00 0135,000,00 0110.000,00 5110.000.00 $115,800.00 $115.800.00 022,500.00 522.500.00 06,200.00 56,200.00 $44.000.00 944.000.00 065,000.00 065,500.00 $18.500.00 018.500.00 $24.000.00 024.000.00 040,000.00 540,000.00 030,000.00 $30,000.00 950,000.00 $50,000.00 048,800.00 048.800.00 012,500,00 $12.500.00 010,000.00 010,000.00 07,000.00 07,000.00 I 96,500.00 $6.500.00 $15.300.00 015,300.00 04.200,00 04.200,00 02,000,00 92.000,00 $4.200.00 $4,200.00 95.200,00 05,200.00 52.900,00 62,900.00 $12.000.00 512,000.00 030,000.00 030.000,00 58.000,00 98,000.00 $9,000.00 $9.000.00 015.300,00 015,300.00 54,000.00 04,000,00 05.005.00 $5,000.00 I 51.000.00 $1,000.00 $3.000.00 $3.000.00 $14.100.00 014,100.00 52,500.00 05.000,00 51.250.00 52,500,00 I 02,000.00 04,000,00 $2.300.00 $4,600.00 52,630.00 95,260.00 $26.00 53,900.00 $20.00 $3,000.00 I 0135.00 $20,250.00 030,00 $4.500.00 926,00 93,900.00 02,700.00 02,700.00 525.000.00 025,000.00 I 017.000.00 017,000.00 I 915,000,00 015.000.00 022.000,00 522.000,00 056.000.00 556,000.00 556,000,00 556,000.00 960,000.00 060.000.00 I 950.000,00 050.000.00 058.000.00 958.000,00 018.000.00 018,000.00 91,000.00 $1,000.00 93,000,00 03.000.00 910,000,00 010,000.00 09,000.00 $9,000.00 0294,610.00 0380,900.00 0416,150.00 0416,475.00 $451,505.00 Bid Dale: 08/12/2009 Bid Time: 11:00 a.m. Job No. 08671.00 GARY HARPER R. L ALIA COMPANY I ONSTRUCT COMPANY LLC VLS CONSTRUCTION CO. 7 REALM INC. 5100.00 $12,500.00 I 078,00 09.750,00 5170.00 54,250,00 I 070.00 51,750.00 $30.00 52,100.00 028,00 01,960.00 $20.00 51,000.00 528.00 51,400.00 81,150.00 52,000.00 02,000.00 02.000.00 02.000,00 I 05.000,00 05.000,00 I $3,500.00 03,500.00 020,000.00 020.000.00 051.000,00 051.000.00 940,000.00 040,000.00 560,000.00 560.000,00 51,000,00 91,000.00 $5.000.00 05,000.00 016.000.00 016,000.00 03.500,00 $3.500.00 910,000.00 010,000.00 010.000,00 $10,000.00 010.000,00 $10,000.00 I 010.000,00 010.000.00 542.00 516.800,00 038.00 015,200.00 $40.00 016,000.00 I 042,00 016.800.00 51.600.00 01.600,00 05.000.00 05.000,00 51.600.00 01.600,00 I 05.000.00 55,000,00 05.000.00 05.000.00 05,000.00 05,000.00 i 05,000.00 05,000,00 I $5.000.00 55,000.00 0219.000.00 5219,000.00 0173,000.00 0173.000.00 $130.000.00 0130.000,00 I $230.000.00 0230.000.00 07,000,00 07,000.00 569.000.00 069.000.00 050,000.00 $50.000.00 540,000.00 $40.000.00 040.000,00 040.000,00 1 $40,000.00 940,000.00 $45,000.00 045.000.00 050,000.00 950,000,00 010.000,00 $10,000.00 510.000,00 010.000.00 012.000.00 012,000,00 03,500.00 03,500,00 910,000.00 $10.000.00 94,000.00 04,000.00 I 99.000.00 $9,000.00 93.500.00 03,500,00 910.000.00 010.000,00 $25,000.00 $25,000.00 015.000.00 015,000,00 015,000.00 $15.000.00 02,500.00 02.500,00 55.000.00 05.000,00 52.500.00 02,500.00 03.000.00 03,000,00 $5.000.00 010.000,00 $3.000.00 06.000,00 $3.300.00 06,600.00 07.500,00 915,000.00 $20.00 03,000.00 $21.00 $3,150.00 $30.00 $4,500.00 016.00 02.400.00 05.000.00 05.000,00 010.000.00 910,000.00 918,000.00 018.000,00 $12.500.00 012,500.00 050,000.00 050.000.00 051,000.00 951,000.00 952,500.00 852,500.00 $55.000.00 055,000.00 010,000,00 010.000.00 I 010,000,00 010,000.00 $62.000.00 062,000.00 93.000.00 93,000.00 $458,275.00 0526,320.00 9532,850.00 $562,220.00 TOTAL BID I 0294,610.00 9380,900.00 $416,150.00 5416,475.00 0451,505 DD $458,275.00 $526,320.00 I 9532,850.00 0562,220.00 08/13/2009 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 PROJECT Storm Lift Station No. 18 Improvements LINE ITEM 412.02.594.38 .36 PROJECT NO 07 -DRO3 DESCRIPTION Conduct an assessment of Storm Lift Station No. 18 to determine repairs or upgrades that may be needed. Since its installation in 1997 the Allentown area has seen an increase in redevelopment, infill, and expansion JUSTIFICATION of the City's drainage system. In addition, the station only has one pump and must be manually activated during the flood season. Flooding may result in the event of a power or pump failure. STATUS. MAINT IMPACT Manually operating of flood gates and emergency responses will be decreased. COMMENT FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Design 10 60 70 Land (R/W) 0 Const. Mgmt. 50 50 Construction 300 300 TOTAL EXPENSES 0 10 410 0 0 0 0 0 0 420 FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected City Oper Revenue TOTAL SOURCES 0 10 410 0 0 10 410 0 0 0 0 0 0 420 0 420 0 Project Location 2009 2014 Capital Improvement Program 0 0 0 0 148 0 0 0 0 TRANSPORTATION COMMITTEE Meeting Minutes August 17, 2009 5 00 p m. Conference Room 1 PRESENT Councilmembers: De' Sean Quinn, Chair; Joan Hernandez (filling in for Dennis Robertson) and Verna Griffin Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Cyndy Knighton, Ryan Larson, Gail Labanara, Derek Speck and Kimberly Matej Guests: Jeremy Eide CALL TO ORDER. Committee Chair Quinn called the meeting to order at 5 p.m. L PRESENTATIONS No presentations. City of Tukwila Transportation Committee II. BUSINESS AGENDA A. Allentown Storm Water Lift Station Staff is seeking full Council approval to award a bid for the construction of Storm Water Lift Station No 18 (also referred to as Allentown Storm Water Pump Station) Improvements to Ro -Con Equipment Specialist, Inc in the amount of $294,610 Under usual circumstances, this item would be discussed in the Utilities Committee; however, time constraints associated with. anticipated increased river flows and potential flooding from the Howard Hanson Dam and normal Council processes delayed by a 5 Monday (August 31) would delay construction to late September Utilities Committee Chair Kathy Hougardy is aware of these issues and has approved the item to be heard as a Transportation Agenda item. Improvements to the Lift Station will include replacing a single 8 -inch pump with two 10 -inch pumps and will improve pumping capacity and automatic operation. Ro -Con Equipment Specialist, Inc. has not worked on City projects previously; however, their references were found to be satisfactory The item came in under the Engineer's Estimate, but with contingency is over budget. Any overruns will be taken from the Surface Water Fund's ending fund balance. Committee members suggested in consideration of time (saving of approximately four weeks), this item move forward the August 24 COW for discussion and the subsequent Special Meeting on the same date. UNANIMOUS APPROVAL. FORWARD TO AUGUST 24 COW FOR DISCUSSION B Tukwila Urban Center Access Project (Klickitat) Schedule for Formation of a Local Improvement District As an Information Only item, staff is reviewing the proposed schedule for the formation of a Local Improvement District (LID) for the Tukwila Urban Center Access Project (Klickitat) Without a LID, funding for the project will be incomplete and over $8 million of awarded project grants will become ineligible for use. Committee members emphasized the need to oversaturate areas that will receive notification mailings regarding the LID formation in order to increase outreach potential. Additionally, Committee Chair Quinn requested that staff attend the August 24 COW to notify Council of this proposed schedule. FORWARD TO AUGUST 24 COW FOR BRIEFING CAS NUMBER. 09-118 Fund Source Comments MTG DATE I 08/24/09 1 MTG. DATE 08/24/09 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 08/24/09 3M Initials Mayor's review ITEM INFORMATION Council rgview, ORIGINAL AGENDA DATE. AUGUST 24, 2009 AGENDA ITEM TITLE Local Improvement District (LID) Formation Schedule for the Tukwila Urban Center Access Project (Klickitat) CATEGORY Discussion Motion Resolution Ordinance ❑Bid Award Public Hearing Other Mtg Date 08/24/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Forming a Local Improvement District (LID) involves many different steps that must be SUMMARY taken in very specific order and adhere to very specific notification schedules. The proposed schedule includes an Open House, Public Hearings for the Resolution stating the Intent to Form a LID, followed by the Ordinance to Form the LID. Construction is still scheduled to occur in one year with the road to be reopened on November 15, 2010. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm Planning Comm. DATE. 08/17/09 RECOMMENDATIONS. SPONSOR /ADMIN Public Works COMMIUI E Unanimous Approval, Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 08/12/09 (formatting revised after TC) LID Process Outline from Kenyon Disend, PLLC Minutes from the Transportation Committee meeting of 08/17/09 ITEM NO 4, a, City of Tukwila TO Mayor Haggerton Transportation Committee FROM: Public Works Director DATE. August 12, 2009 SUBJECT Tukwila Urban Center Access (Klickitatl Proiect Project No. 84 -RW19 LID Formation Schedule DISCUSSION INFORMATIONAL MEMORANDUM ISSUE Proposed schedule and steps for the Local Improvement District (LID) formation BACKGROUND Jim Haggerton, Mayor The history for the Tukwila Urban Center (TUC) Access (Klickitat) Project is quite extensive as it has been ongoing for many years Specific to the financing, staff has aggressively pursued grant funds in addition to other funding sources. in 2005, the Transportation Improvement Board (TIB) informed the City that in order to be competitive for TIB grant funding, formation of a LID was strongly recommended In response to the TIB, the City retained Macaulay Associates to prepare a LID Feasibility Report, a Preliminary Special Benefit/Proportional Assessment Study, and a Preliminary Assessment Roll Due to the City's demonstrated commitment to forming a LID, Tukwila was successful in obtaining a $5 million grant from TIB The Preliminary Assessment Roll is nearly complete and will be presented to the Council for action in September Throughout the preliminary engineering phase of the TUC Access project, the City has pursued No- Protest Agreements from property owners as development has occurred These agreements state that the property owner will not protest the formation of a LID for the TUC Access (Klickitat) Project. The property owner can protest the Final Assessment Roll amount. No- Protest Agreements have been signed by Westfield Mall, Wig Development, and La Pianta. Forming a LID involves many different steps that must be taken in very specific order and adhere to very specific notification schedules In 2006, the City retained Foster Pepper, PLLC for Bond Counsel services The City Attorney's office, through Kenyon Disend staff, will be providing Special Counsel services related to the LID formation A detailed schedule of steps has been developed with the aid of the City's legal counsel team. The proposed schedule includes an extra step not required to meet legal guidelines an Open House for property owners, business owners, and tenants of the LID area. Although this schedule does not show all the remaining steps necessary to get the project out to bid this fall, this aggressive schedule shows the key milestones that must be met to form the LID Without the LID, the funding package for the TUC Access project is incomplete Without the rest of the funding in place so that the project can be advertised for construction, over $8 million in grants which have already been awarded to this project will become unavailable for use. Grant funding INFORMATIONAL MEMO Page 2 agencies have been hit as hard as everyone else in this difficult economic climate and projects unable to go to construction this year or next will have the funding cancelled and reassigned to projects which can be built. The proposed schedule, showing only key milestones, is shown below* 8/17/09 8/24/09 8/28/09 9/4/09 9/8/09 9/14/09 9/21/09 10/2/09 10/5/09 10/12/09 10/19/09 11/1/09-11/15/09 12/16/09-12/31/09 January 2010 Jan Feb 2010 Feb March 2010 March Nov 2010 11/15/10 RECOMMENDATION Transportation Committee LID Schedule and Steps Committee of the Whole LID Schedule and Steps Open House For property owners businesses and tenants Notification to Property Owners For Public Hearing on Resolution to Form LID Transportation Committee Resolution of Intent to Form LID Committee of the Whole Resolution of Intent to Form LID Regular Council Public Hearing Adoption of Resolution of Intent to Form LID Notification to Property Owners For Public Hearing on Ordinance to Form LID Transportation Committee Ordinance to Form LID Committee of the Whole Ordinance to Form LID Regular Council: Public Hearing and Adoption of Ordinance to Form LID Advertise for Construction Bid 4 week time period (3 weeks required by federal funds 1 week extra for holiday) Bids Due with Bid Opening Transportation Committee Award of construction contract to successful bidder City Council (C 0 W Regular) Award of construction contract Notice to Proceed to successful bidder Construction of project Roadway open to traffic substantial completion of construction Information only Transportation Committee requested that this item be forwarded to the August 24, 2009 Committee of the Whole to notify Council W' \PW Eng \PROJECTS\A- RW RS Projects \84RW19 TUC Access (Klickitat) \INFO MEMO LID Formation Schedule 8 -12 -09 gl.doc MICHAEL R. KENYON BRUCE L. DISEND SHELLEY M. KERSLAKE SANDRA S MEADOWCROFT CHRIS D BACHA BOB C. STERBANK KENYON DISEND, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 3820 WWW KENYONDISEND COM (425) 392 7090 (206) 628 -9059 FAX (425) 392 7071 LID PROCESS OUTLINE I. COMMENCEMENT PETITION METHOD OF FORMATION 1 Filing of a petition signed by owners of property aggregating a majority of the area of the proposed Local Improvement District (LID) RCW 35 43 120 2. Certification of sufficiency of petition by the designated officer RCW 35 43 130 3 Designated person (usually Engineer) prepares cost estimate, assembles other statutorily required information and certifies it to the council. RCW 35 43 130 II. COMMENCEMENT RESOLUTION METHOD OF FORMATION 1 City Council adopts a resolution declaring its intention to form LID RCW 35 43 130 a. Resolution declaring intent to form LID b Minutes (or excerpts) of council meeting showing passage of such resolution. III. STEPS UNDER BOTH RESOLUTION AND PETITION METHODS OF FORMATION 1 Determine whether LID formation is categorically exempt from procedures of State Environmental Policy Act (SEPA), Chapter 43.21C RCW and Chapter 197 -11 WAC If not categorically exempt, prepare and issue Environmental Checklist and Determination of Non Significance (DNS) (or Environmental Impact Statement (EIS)) before adopting ordinance creating LID and ordering improvements. Environmental Checklist and DNS (or EIS) 2 If in response to a petition, adopt resolution fixing hearing on forming LID If resolution method is being used, designated person prepares cost estimate, F\APPS \CIV\TUKWILA \Other \LID Formation Outline.doc 1 SERVING WASHINGTON CITIES SINCE 1993 MARGARET J KING KARI L. SAND NOEL R. TREAT STEVE I VICTOR RENEE G. WALLS SARA B SPRINGER assembles other statutorily required information and certifies it to the council. RCW 35 43 130 3 The resolution must provide for a heanng on formation whether petition or resolution method is used. RCW 35 43 130- 150, 35 43 125 4 Mail notice of hearing at least 15 days before the date fixed for hearing to the owners as shown on the rolls of the County Assessor of all property (a) within the proposed LID, and (b) outside of the proposed LID, when such property is required at the time of notice to be connected to the proposed sewer or water facilities as a condition of Federal Housing Administration loan qualification. RCW 35 43 150, 35 43.270 If state owned property will be assessed, notice must be given by registered or certified mail at least 30 days prior to hearing. RCW 79 44 040 Affidavit of mailing with form of notices attached. 5 Publish resolution declaring intention or resolution fixing hearing on forming LID in at least two consecutive issues of the official newspaper, the first publication being at least 15 days prior to the hearing. RCW 35 43 140 Affidavit of publication of both such publications. 6 Conduct hearing on formation of LID RCW 35 43 140 a. Minutes of council meeting, committee meeting, or proceedings before hearing officer reflecting such hearing, including recommendation of committee or hearing officer b Resolution designating hearing examiner or committee, if authorized. 7 Pass ordinance creating LID and ordering the improvement. RCW 35 43 070 a. Ordinance creating LID b Minutes (or excerpts) of council meeting showing passage of such ordinance 8 If SEPA review required for LID formation, give official notice of the date and place for commencing an appeal under SEPA. RCW 43.21C 075(5), 43.21C 080; WAC 197 -11- 680(5) 9 Publish ordinance creating LID in official newspaper a. Affidavit of publication of formation ordinance. F\APPS \CIV \TUKWILA \Other\LID Formation Outline.doc 2 10 Within 15 days after creation of LID, file ordinance creating LID, boundary diagram of LID and preliminary assessment roll with City Treasurer (sometimes referred to as Finance Director) Thereafter, City Treasurer should immediately post the proposed assessment roll upon his or her index of local improvement assessments RCW 35 50 005 11 If LID contains "farm and agricultural land" or "timber land" as defined in RCW 84 34 310, file notice of foimation of LID with County Assessor and county legislative body RCW 84 34 320 a. If LID does not contain such farm and agricultural land or timber land, a certificate from the County Assessor to that effect; or b If LID does contain such farm and agricultural land or timber land, a certificate or receipt of fihng such notice. 12 County Assessor shall mail notice of formation of LID to owners of "farm and agricultural land" or "timber land," as defined in RCW 84 34.310 RCW 84.34 320 a. Certificate or other evidence of mailing such notice. 13 Expiration of protest period for LID formed by resolution method 30 days following passage of ordinance forming LID RCW 35 43 180 a. Clerk's or engineer's certificate of maximum percentage of protest during that period. 14 Expiration of time limitation on litigation. No lawsuit may be maintained challenging formation of the LID if not filed within 30 days after passage of the formation ordinance (if initiated by petition) or after expiration of the 30 -day protest period (if initiated by resolution) RCW 35 43 100 15 Authorize and publish call for bids for construction. RCW 35.22.620, 35.23.352, 35A.40.210, 35 43 190 a. Affidavit of publication of bid call 16 Receive bids 17 Accept best bid and award contract. a. Minutes (or excerpts) of council meeting showing action on bids. 18 Authorize interim financing. RCW 35 45 130, 39 50 RCW a. Ordinance authorizing interim financing. F\APPS \CIV \TUKWILA \Other \LID Formation Outline.doc 3 b Minutes (or excerpts) of council meeting reflecting passage of such ordinance c Affidavit of publication of such ordinance 19 On completion of project, obtain necessary state clearances, accept work and determine total cost. RCW 35 44 020, 60.28 040 (Dept. of Revenue), 51 12 050 (Dept. of Labor and Industries) 20 Engineer to prepare final assessment roll and file it with clerk. 21 Adopt resolution or motion setting time, date and place of assessment roll hearing. RCW 35 44 070 a. Resolution. b Minutes (or excerpts) of council meeting reflecting adoption of such resolution or motion. 22 Mail notice of hearing to the owners of all property listed on the assessment roll as those owners' names appear on the records of the County Treasurer at least 15 days before date fixed for hearing. RCW 35 44 090 a. Affidavit or certificate of mailing with copy of notice attached. 23 Publish notice of hearing at least once a week for two consecutive weeks in the official newspaper, the last publication being at least 15 days before the hearing date RCW 35 44 090 a. Affidavit of such publication. 24 Conduct final assessment roll hearing, considering objections and overruling them or modifying assessments. RCW 35 55 070, 35 44 100 a. Minutes of council meeting, committee meeting, or proceedings before hearing officer reflecting such hearing, including recommendation of committee or hearing officer b Resolution designating hearing examiner or committee, if authorized. 25 If any assessments are increased, set a new hearing and publish and mail notice to those properties with increased assessments in the same manner as for the original assessment roll hearing. RCW 35 44 120 F•\APPS \CIV\TUKWILA \Other \LID Formation Outline.doc 4 26 Pass ordinance confirming and levying assessments as finally approved. RCW 35 44 100 a. Ordinance confirming assessment roll b Minutes (or excerpts) of council meeting showing passage of such ordinance. 27 Publish ordinance confirming assessments. a. Affidavit of such publication. 28 In LID containing any "farm and agricultural land" or "timber land" as defined in RCW 84 34.310, file notice with County Assessor, County legislative authority and City Treasurer of adoption and confirmation of final assessment roll. RCW 84 34.320 29 Appeal period expires 10 days after the ordinance confirming assessment roll becomes effective RCW 35 44 190 -.210 30 City Treasurer publishes in the official newspaper once a week for two consecutive weeks, and (within 15 days after the first such publication) mails to all property owners, notice that roll is filed for collection. RCW 35 49 010 a. Affidavit of such publications. b Affidavit or certificate of such mailing with notice attached. 31 Prepayment period expires 30 days after first publication of Treasurer's notice. RCW 35 49 010, 35 49 050 a. Treasurer's certification of amount of prepayment and balance of unpaid assessments. 32 Sell bonds after expiration of prepayment period (bonds to be dated and delivered no earlier than 20 days after conclusion of prepayment period) at public or private sale. RCW 35 45 010, 35 45 040 33 Pass and publish bond ordinance authorizing sale. a. Ordinance. b Minutes (or excerpts) of council meeting reflecting passage of such ordinance c Affidavit of publication of such ordinance. F•\APPS \CIV\TUKWILA \Other\LID Formation Outline.doc 5 TRANSPORTATION COMMITTEE Meeting Minutes August 17, 2009 5 00 p.m. Conference Room 1 City of Tukwila a Transportation Committee PRESENT Councilmembers De' Sean Quinn, Chair; Joan Hernandez (filling in for Dennis Robertson) and Verna Griffin Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Cyndy Knighton, Ryan Larson, Gail Labanara, Derek Speck and Kimberly Matej Guests. Jeremy Eide CALL TO ORDER. Committee Chair Quinn called the meeting to order at 5 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Allentown Storm Water Lift Station Staff is seeking full Council approval to award a bid for the construction of Storm Water Lift Station No 18 (also referred to as Allentown Storm Water Pump Station) Improvements to Ro -Con Equipment Specialist, Inc in the amount of $294,610 Under usual circumstances, this item would be discussed in the Utilities Committee; however, time constraints associated with. anticipated increased river flows and potential flooding from the Howard Hanson Dam and normal Council processes delayed by a 5 Monday (August 31) would delay construction to late September Utilities Committee Chair Kathy Hougardy is aware of these issues and has approved the item to be heard as a Transportation Agenda item. Improvements to the Lift Station will include replacing a single 8 -inch pump with two 10 -inch pumps and will improve pumping capacity and automatic operation. Ro -Con Equipment Specialist, Inc has not worked on City projects previously; however, their references were found to be satisfactory The item came in under the Engineer's Estimate, but with contingency is over budget. Any overruns will be taken from the Surface Water Fund's ending fund balance. Committee members suggested in consideration of time (saving of approximately four weeks), this item move forward the August 24 COW for discussion and the subsequent Special Meeting on the same date. UNANIMOUS APPROVAL. FORWARD TO AUGUST 24 COW FOR DISCUSSION B Tukwila Urban Center Access Proiect Klickitat) Schedule for Formation of a Local Improvement District As an Information Only item, staff is reviewing the proposed schedule for the formation of a Local Improvement District (LID) for the Tukwila Urban Center Access Project (Klickitat). Without a LID, funding for the project will be incomplete and over $8 million of awarded project grants will become ineligible for use. Committee members emphasized the need to oversaturate areas that will receive notification mailings regarding the LID formation in order to increase outreach potential. Additionally, Committee Chair Quinn requested that staff attend the August 24 COW to notify Council of this proposed schedule. FORWARD TO AUGUST 24 COW FOR BRIEFING 1 CAS NUMBER. 09-119 Fund Source Comments 9/8/09 VCi- 1 19 COUNCIL AGENDA SYNOPSIS Initials ITEM NO Meetin Date Prepared by 1 Mayor's review Council review 1 08/24/09 SH (_,.i f'-- i n 09/08/09 SH 17 I I 'c ITEM INFORMATION 1 ORIGINAL AGENDA DATI AUGUST 24, 2009 I I'1 AI TI'I'I,1 An ordinance amending and revising the SCORE Interlocal agreement, originally adopted January 20, 2009 pursuant to Ordinance No. 2223. C t'l ()R\ Discussion Motion Resolution Ordinance Bic1Award Public Hearing Other Mtg Date 08/24/09 Mtg Date Mtg Date Mtg Date 09/08/09 Mtg Date Mtg Date Mtg Date Si )c >N' R Council Mayor Adm Svcs DCD Finance Fire Legal Pe 9R Police PW SP( )NS()lt'ti The ordinance would amend and revise the original SCORE Interlocal agreement to change Si. MNI\R1 the nature of participation in SCORE by the City of Des Moines. The rights and obligations under the original Interlocal agreement would not change as a result of the changes contained within the amended agreement. The Council is being asked to approve the ordinance amending the Interlocal agreement. RI H'W1.D BY COW Mtg CA &P Cmte F &S Cmte Utihues Cmte Arts Comm. Parks Comm. DATE. 8/18/09 RECOMMENDATIONS SP()NS()R /ADMIN Finance Department C)MMr17I,I Unanimous Approval, Forward to C.O W COST IMPACT FUND SOURCE EXPI :NDI'I'UR1 Rl,QUIRIJ) AMOUNT BUDGETED MTG DATE 1 RECORD OF COUNCIL ACTION 8/24/09 MTG DATE ATTACHMENTS 8/24/09 Informational Memorandum dated 8/14/09 Ordinance in Draft Form Amended and Restated SCORE Interlocal Agreement Minutes from Finance and Safety Committee meeting of 8/18/09 Transportation Cmte Planning Comm. APPROPRIATION REQUIRED City of Tukwila INFORMATIONAL MEMORANDUM TO Mayor Haggerton Rhonda Berry Finance and Safety Committee FROM Shawn Hunstock, Finance Director DATE August 14, 2009 SUBJECT Revised SCORE Interlocal Agreement ISSUE Jim Haggerton, Mayor A revision to the SCORE Interlocal Agreement is recommended as a result of differences in bond ratings among the original "Owner Cities" participating in SCORE The existing Interlocal Agreement will be amended to create a new "Host Jurisdiction" category, and remove the City of Des Moines from the debt obligation BACKGROUND The SCORE cities (Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila) signed an Interlocal Agreement in January that established the structure of SCORE and allocated the debt service to each of the owner cities Part of the process of issuing the bonds includes each of the cities having presentations with the rating agencies Following the presentations, the rating agencies announce rating scores for each city that will in turn create a composite rating score for SCORE The final rating will determine the interest rate at which SCORE will be able to borrow money DISCUSSION The City of Des Moines has traditionally used Moody's for their credit rating Moody's recently downgraded Des Moines' bond rating which gives the other SCORE agencies grounds for concern Des Moines recently had a rating presentation with Standard and Poor's (S P) Standard and Poor's will not indicate the actual rating prior to review, however based upon the recent downgrade from Moody's, it is unlikely that it will be favorable As a multi jurisdictional agency, SCORE's overall credit rating will be derived from the ratings of its owner agencies Moody's has indicated that they will use a blended rate, reviewing the credit of all of the owner agencies However, S P has indicated that they will base SCORE's rating upon the weakest credit amongst all of the owner agencies, which we now believe will be Des Moines INFORMATIONAL MEMO Page 2 Early indications are that the negative rating from S P will add between 75 and 125 basis points to the interest rate for SCORE An increase in this range would add between $500,000 and $850,000 annually to the debt service obligation The effect on Tukwila alone, over the life of the bond issue, would be in excess of approximately $400,000 The SCORE Administrative Board, Finance Directors, and SCORE's financial advisors and underwriters have met to review potential options The available options include and the benefits of each are listed below Option 1 Request a rating from Fitch's rating company As this option was explored further, it was learned that they use the same rating methods as S P and the rating from the lowest agency would be applied to SCORE Option 2 was reviewed at length SCORE's financial advisor believes that creating a bond reserve fund would help lessen the negative impact of a single owner cities' rating However, creating the bond reserve fund would require the cities to either issue additional bonds to finance the reserve (approximately $6 million) or the cities would have to allocate a portion of their existing reserves to the bond fund Issuing additional bonds will increase the annual debt service by approximately $400,000 for the additional $6 million in bonds issued The annual increase in debt service would amount to a $12 million increase over the life of the bonds Option 3, implementing a "step -up" provision would require re- writing the ILA and would mean that each of the cities would be obligating themselves to paying 100% of the debt service should other cities default. The total bond amount exceeds the available bond capacity for many of the cities The cities that could assume that full liability felt uncomfortable being responsible for the entire amount. Additionally, there was mixed information about whether a step -up provision would provide enough benefit to offset the risks or negative credit rating of one of the agencies Option 4 would be to take no action This would mean that the existing ILA would stand which would result in significant increase in costs as identified above Option 5 requires the redrafting of the ILA and the creation of a new member category known as "Host Jurisdiction The Host Jurisdiction would be Des Moines They would be entitled to the same rights as the original owner agencies, however they would be removed from the debt obligation that they have now The cities of Auburn, Federal Way and Renton would each increase their share of the debt burden by two, one, and two percent respectfully There would be a separate agreement under which Des Moines would be tied to the cities of Auburn, Federal Way and Renton for their obligation of the debt service W InfoMemos \InfoMemoSCOREILARevision.doc INFORMATIONAL MEMO Page 3 Amending the existing ILA is not something that is considered lightly However, it is the option that provides the most certainty for the credit ratings and it doesn't require the cities incurring additional debt to create a reserve Amendment of the ILA is the preferred option by the SCORE Administrative Board The attached ILA is titled "Amendment and Restatement" of the SCORE ILA. The purpose of the restatement is to prevent the cities from having to recreate SCORE or the SCORE Public Development Authority (PDA) Unfortunately, the deadline to complete the amendment is very soon In order to meet the rating schedule, a revised ILA needs to be in place by September 14th The bonds are currently scheduled to be sold on October 14th and any revisions must be in effect by that date Three of the cities, Renton, Federal Way and Des Moines, also have a referendum and initiative process which requires a 30 -day window before any ordinance would be effective It should be noted that the revised ILA does not change Tukwila's rights or obligations under the original Interlocal in any way Tukwila will still be liable for the same share of O &M and debt service expenses, as well as be credited with the same share of rental (non- member) bed usage revenue RECOMMENDATION The Council is being asked to authorize the Mayor to sign the attached Interlocal Agreement. This item is scheduled to be discussed at the August 18, 2009 Finance and Safety Committee meeting, the August 24, 2009 Committee of the Whole meeting and subsequent September 8, 2009 Regular Meeting ATTACHMENTS Draft Ordinance Amended and Restated SCORE Interlocal Agreement W 12009 InfoMemos \InfoMemoSCOREILARevision.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2223, RELATING TO THE INTERLOCAL AGREEMENT FOR THE SOUTH CORRECTIONAL ENTITY FACILITY, TO MODIFY DEBT SERVICE SHARES AND HOST CITY DESIGNATION, APPROVING ITS EXECUTION, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila, Washington (the "City is authorized by Chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, pursuant to Ordinance No. 2223, adopted by the City on January 20, 2009, and Chapter 39.34 RCW the Interlocal Cooperation Act, the City entered into a SCORE Interlocal Agreement with Auburn, Federal Way, Burien, Des Moines, Renton and SeaTac, Washington (the "Member Cities dated February 25, 2009 (the "Original Interlocal Agreement to form a governmental administrative agency known as the South Correctional Entity "SCORE and WHEREAS, the purpose of SCORE is to establish and maintain a consolidated correctional facility to be located in Des Moines (the "SCORE Facility to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the 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 the South Correctional Entity Facility Public Development Authority (the Authority a public development authority, chartered by Renton, pursuant to RCW 35.21.730 through 35.21.755, and WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal Agreement (the "SCORE Formation Interlocal Agreement or "Interlocal Agreement to increase the proportional share of debt service due from Renton, Auburn, and Federal Way on bonds issued by the Authority and to designate Des Moines as the "host city as further provided therein, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. SCORE Interlocal Agreement Amended. The South Correctional Entity "SCORE Interlocal Agreement is hereby amended to read as shown in Exhibit A, incorporated by this reference as if fully set forth herein. W: \Word Processing Ordinances \SCORE.doc ksn 08 /20/2009 Page 1 of 2 Section 2. City Approval. The City Council hereby approves the amended SCORE Interlocal Agreement with Renton, Auburn, Federal Way Des Moines, Burien, and SeaTac, Washington, and authorizes and directs the Mayor to execute the Agreement, substantially in the form attached hereto with only those modifications as shall have been approved by him. 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 terms therein. The SCORE Formation Interlocal Agreement may be further amended from time to time as provided therein. Section 3. Approval Contingency If the amended SCORE Interlocal Agreement has not been executed by all parties thereto by October 1, 2009 the authority granted by this ordinance shall expire unless this ordinance shall have been amended to provide for a later expiration date. Section 4. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009 ATTEST/ AUTHENTICATED• Christy O'Flaherty CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney W.\ Word Processing\ Ordinances\ SCORE.doc ksn 08/20/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Attachment: Exhibit A Amended SCORE Interlocal Agreement Page 2 of 2 AMENDED AND RE AT STED 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 February 2c 2009 TABLE OF CONTENTS PaEe Section 1 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 Section 6 Operations Board 78 Section 7 Facility Director 8 Section 8 Personnel Policy 89 Section 9 Budget, Policies and Operations 9 Section 10 Contracts and Support Services 9 Section 11 Policy and System Evaluation 910 Section 12. Additional Services Authorized 10 Section 13 Inventory and Property 10 Section 14 Local Control I -911 Section 15 SCORE Facility Financing and Construction, SCORE Facility Public Development Authority 1 -011 Section 16 Preliminary Costs of the SCORE Facility; Bellevue Property 13 Section 17 Compliance with Continuing Disclosure Requirements -114 Section 18 Filing of Agreement 4-314 Section 19 Severability 4314 Section 20 Execution and Amendment 14 Section 21 Third Party Beneficianes 4415 Section 22 Hold Harmless 4-415 Section 23 Counterparts 15 -i- p orngR nr nuc oR/14/f19 AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT ("amends and restates the SCORE Tnterlocal Agreement. dated as of February 25. 2009 (the "Original Interlocal Agreement" and as amended and restated hereby. the "SCORE Formation Interlocal Agreement and is entered into this Fcbruary 25. 2009 by and among the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Bunen 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 desirce!?tered into a SCORE Interlocal Agreement_ effective February 25. 2009 (the "Original Interlocal Agreement"). 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 to be located in the City of Des Moines (the "SCORE Facility to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the 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 acc• recment and the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority a public develonment authority chartered by the City of Renton pursuant to RCW 35.21 730 through 35.21 755 and secured by the full faith and credit of the "Cities of Renton. Auburn. Federal Way. SeaTac. Tukwila. and Bunen (the "Owner Cities"), and WHEREAS, the City of Renton has agrccd to act as thc host city for thc formation of a public corporation to be known as the South Correctional Entity Facility Public Development Authority (thc "Member Cities now desire to amend the Original Interlocal Agreement to allocate the proportion of debt service on bonds issued by the SCORE Facility Public Development Authority subject to the approval of each Member Cityeach of the Owner Cities and to designate the City of Des Moines as the host 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 SCORE Formation Interlocal Agreement shall have the following meanings "Administrative Board" means the governing board of SCORE created pursuant to Section 5 of this SCORE Formation Interlocal Agreement. "Agreement" mcans this Interlocal Agrccmcnt am: DS from time to time. "Base Percentage" mcans a percentage equal to the 2007 average daily population s. Those percentages are as follows: (e) Auburn twenty nine (29 (b) Des Moinr, five (5 (e) Federal Way Lievcntccn (17 (d) Renton thirty four (34 (e) Tukwila eight (8 Buricn four (4 (g) ScaTac 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 SCORE Formation Interlocal 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 SCORE Formation Interlocal Agreement. "Capital Contribution" means, for each MembefOwner City, that MeffibefOwner City's BaseOwner Percentage multiplied by the principal of and interest on Bonds as the same shall 2 E\20355 nc;■9na5R fKS nanama become due and payable Development Authority with respect to Bondi. cs of the SCORE Facility Public "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 "Facility Director" means the director of the SCORE Facility selected by the Administrative Board pursuant to Section 7 of this SCORE Formation Interlocal Agreement. "Host City" means the City of Des Moines. Washington. "Member Cities" mean, initially, the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Buricn and SeaTac, Washington the Owner Cities and the Host City "Operations Board" means the board formed pursuant to Section 6 of this SCORE Formation Interlocal Agreement. "Owner Cities" mean the Cities of Auburn_ Renton. Federal Way. Tukwila. Burten and SeaTac. Washington. "Owner Percentage" means the nercentage assigned to each Owner City. as follows. (al Auburn thirty -one (31%1 (b) Federal Wav eighteen (18 %1 (c) Renton thirty -six (36 %1 (d) Tukwila eight (8 %1 (el Bunen four (4 %1 (f) SeaTac three (3 %1 "Presiding Officer" means the member of the Administrative Board selected pursuant to Section 5 of this SCORE Formation Interlocal 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. 3 awnRsR nr9nisA nvs 08n1in9 "SCORE Formation Interlocal Agreement" means this Amended and Restated SCORE Interlocal Agreement among the Member Cities. as amended from time to time. "Subscribing Agencies" mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of this SCORE Formation Interlocal 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 the Member Cities and Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. (c) Administrative Board. The affairs of SCORE shall be governed by the Administrative Board formed pursuant to Section 5 of this SCORE Formation Interlocal Agreement. The Administrative Board shall have the authority to 1 Recommend action to the legislative bodies of the Member Cities, 2 Approve the Budget, adopt financial policies and approve expenditures, 3 Establish policies for investing funds and incurring expenditures of Budget items for the SCORE Facility; 4 Review and adopt a personnel policy for the SCORE Facility; 5 Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; 6 Conduct regular meetings as may be designated by the Administrative Board, 7 Determine what services shall be offered at the SCORE Facility pursuant to the powers of SCORE and under what terms they shall be offered, 8 Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this SCORE Formation Interlocal Agreement; 4 P f1Qbn35R_fKS nRnamq 9 Establish rates for services provided to members, subscribers or participating agencies, 10 Direct and supervise the activities of the Operations Board and the Facility Director; 11 Enter into an agreement with a public corporation or otherwise to incur debt; 12. Make purchases or contract for services necessary to fully implement the purposes of this SCORE Formation Interlocal 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, 20 Employ employees as necessary to accomplish the terms of this SCORE Formation Interlocal Agreement; 21 Establish policies and procedures for adding new cities as "Member Citics "parties to this SCORE Formation Interlocal Agreement; and 22 Engage in any and all other acts necessary to further the goals of this SCORE Formation Interlocal Agreement. Section 3. Duration of Agreement. The initial duration of this SCORE Formation Interlocal 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 SCORE Formation Interlocal Agreement. Notwithstanding the foregoing, this SCORE Formation Interlocal Agreement shall 5 D.) nks ngii 1 /nn not terminate until all Bonds issued by the SCORE Facility Public Development Authority as provide in Section 15 of this SCORE Formation Interlocal Agreement are no longer outstanding. Section 4. Withdrawal and Termination. (a) Subject to Section 4(g) below, any Member City may withdraw its membership and terminate its participation in this SCORE Formation Interlocal 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 SCORE Formation Interlocal Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this SCORE Formation Interlocal Agreement. Upon the final termination date, this SCORE Formation Interlocal Agreement shall be fully terminated. (c) Subject to Section 4(g) below, in the event any MemberOwner City or the Host City fails to budget for or provide the rcquircdits aijlicable annual funding requirements for SCORE as provided in Section 15 hereof, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this SCORE Formation Interlocal Agreement and to have forfeited all its rights under this SCORE Formation Interlocal Agreement as provided in Section 4(e) The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any termination notice (e) If an individual MemberOwner City withdraws its membership in SCORE, the withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (f) Upon termination of this SCORE Formation Interlocal Agreement, all property acquired during the life of this SCORE Formation Interlocal Agreement shall be disposed of in the following manner 1 All real and personal property acquired pursuant to this SCORE Formation Interlocal Agreement shall be distributed to the MemberOwner Cities based on the BascOwner Percentages, and 6 0'1n,9_p A203s8 nK5 rmn /na 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 MemberOwner City from this SCORE Formation Interlocal Agreement shall not discharge or relieve the MemberOwner 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 McmbcrAn Owner City may be relieved of its obligation under this SCORE Formation Interlocal Agreement to make payments with respect to its Capital Contribution if the Administrative Board, by supermajorrty 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 Reauirements. Votes regarding (1) debt; (2) approval of the Budget; (3) employment of the Facilities Director; (4) cost allocations made pnor to the issuance of Bonds pursuant to Section 16 of this SCORE Formation Interlocal Agreement; and (5) approval of labor contracts, shall require an affirmative vote of a supermajonty (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 SCORE Formation Interlocal Agreement not directly incidental to correctional services (such as providing court services), and (3) matters addressed in Sections 4(b) and (g) of this SCORE Formation Interlocal Agreement, shall require an affirmative vote of a supermajorrty (majority plus one) of the Member Cities. (d) Parliamentary Authority Unless otherwise provided, Robert's Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrative Board. (e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Admimstrative 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. 7 a. \9o36R !1(;\90368 aKS ()Am Ina (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 majonty vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. (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 8 P-\9onns_nc;\2onsunKS n8/1nins 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 SCORE Formation Interlocal 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 expenence in technical, financial and administrative fields, and such appointment shall be on the basis of ment 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 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 9 P. \90358 11(1190358 OKS ORH 3 /O9 (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 Maintenance and Operation and assessing the Member Cities in the event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the process for adding a new Member Citypartv to this SCORE Formation Interlocal Agreement. (c) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this SCORE Formation Interlocal Agreement. Section 10. Contracts and Sunnort 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. 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 10 a \9na fir, O:ISR _CMS ORI1 /09 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 Pronerty (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(1) 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 Financine 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. the City of Renton to operate the SCORE Facility Public Development Authority within the (b) Contracts for the SCORE Facility The Administrative Board shall authorize, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Facility These contracts shall include, without limitation, contracts for architectural design and engineering, project management services, real estate acquisition, and construction. 11 P \2O7. R n(;nnnSP nKS es/1 :ling (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 formchartered 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 Mcmbcr City shall cach pay an allocable portion of all aggregate capital and operating costs related to the SCORE Facility, l;,ss revenue received from Subscribing Agencies or other source, us recment. Each Member City shall be billed for its total allocable capital and operating costs on a semiannual in this Section. (1) Capital ContributionCnntributions Each MemberOwner City shall be obligated to pay an amount equal to its Capital Contribution without regard to the payment or lack thereof by any other MemberOwner City No MemberOwner City shall be obligated to pay the Capital Contribution of any other MemberOwner City, and each MemberOwner City shall be obligated to budget for and pay its Capital Contribution. The obligation of each MemberOwner City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such MemberOwner City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the MembefOwner City on all of the taxable property within the MembefOwner City and other sources of revenues available therefor Each MembefOwner City has or will set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding, unless relieved of such payment in accordance with Section 4(g) Each Owner Citv's obligation to nay the Capital Contribution shall not be contingent on the receipt of anv revenues from other sources including but not limited to Subscribing Agencies or the Host City. n berAn Owner City may prepay its Capital Contribution in a manner that is consistent with the authorizing documents for the Bonds, provided, however, that any such prepayment of one or more MemberOwner Cities shall not affect the Capital Contribution of the remaining MemberOwner Cities. Any MemberOwner 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 SCORE 12 P \,OnsR_ElQ \90nsR OKS ORH ling Formation Interlocal 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' Base PcrccntageMember Citv's 2007 average daily nonulation in all correctional facilities (as provided in the SCORE financial nolicies) 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 MemberOwner 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) Billing and Allocation of Revenues. Each Member City shall be billed for its Capital Contribution and its portion of Costs of Maintenance and Oneration. as annlicable. on a semiannual basis_ or more freouently as determined by the Administrative Board. calculated as provided for in Section. 15(d) above. 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 theallocated among the Member Cities as follows. (i) each Member City shall receive a credit against its obligation to nav Costs of Maintenance and Operation in the subsequent calendar y r. 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. and (iil each Owner City shall receive a credit against its Canital Contribution based on that Owner City's nronortional Owner Percentage (f) Host City. Pursuant to RCW 35.21.740. the City of Des Moines_ as the Host City. hereby authorizes the City of Renton to overate the SCORE Facility Public Develonment Authority within the cornorate limits of the City of Des Moines in a manner consistent with the terms of this SCORE Formation Interlocal Agreement. The Host City shall enter into a written agreement with SCORE and any of the Owner Cities_ as annlicable_ to establish a host city fee to he naid in exchange for the availability of the SCORE Facility. (g) 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 13 a mnsa nrwrsnR pus ORI13 /09 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. (gl) Additional Financing. Notwithstanding anything to the contrary in this SCORE Formation interlocal Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the SCORE Facility Public Development Authority or another issuer pursuant a separate agreement between one or more Member Cities and other entities to provide additional financing for the SCORE Facility on terms as agreed upon by the parties thereto (hi) Special Facility Designation. The SCORE Facility, including all equipment, furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is 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 pohcy 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 Continuine 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 MehiberOwner City will enter into an 14 P•\9fl RJI1(:\911ARfi_OKC 08/1 :VOA undertaking in a form acceptable at the time to the participating underwriter or remarketing agent, as the case may be Section 18. Filine of Agreement Upon execution, this SCORE Formation Interlocal Agreement shall be filed as required in RCW39 34 040 Section 19 Severabilitv If any part, paragraph, section or provision of this SCORE Formation Interlocal Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this SCORE Formation Interlocal Agreement. Section 20. Execution and Amendment This SCORE Formation Interlocal Agreement shall be executed on behalf of each Member City by its Designated Representative, or other authorized officer of the Member Crtv. and pursuant to an appropriate motion, resolution or ordinance of each Member City This SCORE Formation Interlocal Agreement shall be deemed adopted upon the date of execution by the last so Designated Representative or other authorized officer This SCORE Formation Interlocal Agreement may not be effectively amended, changed, modified or altered, except by an instrument in writing duly executed by the Designated Representative_ or other authorized officer_ of each Member City and pursuant to an appropnate 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 Mcmbcran Owner City from this SCORE Formation Interlocal Agreement or revises Section 15 of this SCORE Formation Interlocal 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 15 c'v7na5n no.■9n1AR M!C OAnlina The parties to this SCORE Formation Interlocal Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this SCORE Formation Interlocal Agreement, except to the extent that the harm complained of anses 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 SCORE Formation Interlocal Agreement shall be borne by SCORE exclusively Section 23. Counterparts This SCORE Formation Interlocal Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this SCORE Formation Interlocal 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 By CITY OF FEDERAL WAY CITY OF BURIEN By By CITY OF SEATAC By 16 P nC:\9035R_QKS OR, A /OB FINANCE AND SAFETY COMMITTEE Meeting Minutes August 18, 2009 5 00 p m. Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers. Pam Linder, Chair; Joe Duffle and De' Sean Quinn Staff Shawn Hunstock, Mary Miotke, Gail Labanara, Jim Haggerton, Rhonda Berry and Kimberly Matej Guests. Jeremy Eide CALL TO ORDER. Chair Linder called the meeting to order at 5 00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Citv -Wide Ouarterlv Budget Update In order to increase transparency as well as Council knowledge of the ongoing status of the budget, Finance Director Shawn Hunstuck will begin to give City -wide quarterly budget updates. Shawn gave a brief overview of the status of various funds throughout the City, noting that the agenda packet information is a very useful tool in providing an overview of the current state of funds. Overall, revenue is down, and so are expenditures, therefore, there is no immediate concern in terms of cash flow Shawn inquired about the best way to communicate this information to Council. Committee members felt it is most appropriate to continue providing this information to the Finance Safety Committee first, and then under separate cover for the remaining Councilmembers. INFORMATION ONLY B. Sales Tax Report Shawn reviewed sales tax receipts through the month of May Through May, the City is 24 88% below budget for the year, and 22 77% below the prior year's receipts for the same time period. If these differences continue at this rate, the City may be looking at further reductions beyond the 3% reductions the City has already implemented. INFORMATION ONLY C. 2008 CAFR Update Shawn distributed copies of the 2008 Comprehensive Annual Financial Report (CAFR) to each Committee member He reported that there were no audit findings for 2008, which is great news for the City He pointed out information presented on page 72, Annual OPEB Cost and Net OPEB Obligation, which the City has not been required to disclose previously Remaining Councilmembers will receive copies of the CAFR. INFORMATION ONLY D SCORE Interlocal Agreement Amendments Staff is seeking full Council approval of an ordinance amending the current SCORE Interlocal Agreement replacing the City of Des Moines' designation as an owner city with that of a host jurisdiction. On January 20, 2009, the City Council adopted an ordinance authorizing the execution of an interlocal agreement which established the structure of the South Correctional Entity Facility (SCORE) and allocated debt service to each of seven owner cities. Recently, one of the owner cities' bond rating was downgraded. This rating could have a negative effect on the debt service obligation of SCORE resulting in a substantial increase in debt service over the life of the bonds. Based on this information, the SCORE Interlocal Agreement has been amended to remove the Finance Safety Committee Minutes Auaust 18.2009 Paae 2 City of Des Moines as an owner city, and instead designate the entity as a host jurisdiction. The host jurisdiction designation will entitle Des Moines to the same rights as the owner cities, however, they will be removed from their obligation of debt service. The City of Des Moines will enter a separate agreement with the cities of Auburn, Federal Way and Renton for their portion of the debt service This amendment does not change the City of Tukwila's rights or obligations under the original interlocal agreement. UNANIMOUS APPROVAL. FORWARD TO AUGUST 24 COW FOR DISCUSSION III. MISCELLANEOUS Meeting adjourned at 5 55 p.m. Next meeting Wednesday, September 9, 2009 5 p.m. Conference Room #3 P &L Committee Chair Approval Minutes by KAM. RI 11 WI ,D COW Mtg Utilities Cmte DATE. RECOMMENDATIONS SPONS( )R /ADIVIIN C Olv1 1I'FI] 1 Etl'I ;NDI'IURI RI.OUIRI;D Fund Source Coininents MTG DATE 08/24/09 COUNCIL AGENDA SYNOPSIS Initials Meettq Date Prepared by 1 Mayor s review 1 Council,I-euiew 08/24/09 DS I (leon ITEM INFORMATION CAS NUMBer 09-120 ORIGIN1 \1 AG1_ ;ND DATI AUGUST 24, 2009 1( I ;ND I rI ,I\I Tim] Tukwila Village Project Update C.\ I'I,( OR\ DLJcu,lIlon Motion Resolution Ordinance Bic1Amara' Public Hearing Other illtg Date 08/24/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SI'ONti()R n Council Mayor 4dm Svcs n DCD n Finance 7 Fire Legal P &R Police PW SI>( )Ntic )It'ti This item is a status update on the Tukwila Village project. Staff and the developer will Su. \INI,\R\ describe the basic deal terms currently under discussion and answer questions. This item is informational only; no Council action is requested. CA &P Cmte Arts Comm. Mayor's Office F &S Cmte Parks Comm. COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF COUNCIL ACTION MTG DATE ATTACHMENTS 08/24/09 Informational Memorandum dated 08/24/09 Chart of Process Steps Draft of Basic Deal Terms ITEM No 4. D, 7 Transportation Cmte Planning Comm. APPROPRIATION REQUIRED TO Mayor Haggerton FROM Derek Speck, Economic Development Administrator DATE August 20, 2009 SUBJECT Tukwila Village Project Update ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM RECOMMENDATION This item is informational only No Council action is requested ATTACHMENTS Tukwila Village Process Steps Draft Term Sheet Jim Haggerton, Mayor The City is negotiating with Tarragon, LLC to develop Tukwila Village and this is a good time to update the Council on the project status Attached is a "Draft Term Sheet" that provides a very basic description of the major business terms on which we plan to continue negotiations In 2008 the City undertook an extensive process to select a developer for Tukwila Village and the City Council chose Tarragon, LLC The City and Tarragon are currently in negotiations It is a very common practice in business negotiations to start with a list of basic terms that provide a framework for the proposed agreement before commencing detailed work or crafting the legal language This is a good way to ensure the parties share the same general understanding and goals before spending too much time and money We are at a point in negotiations on Tukwila Village where it is appropriate to update the City Council on the basic terms of the deal that are currently under discussion prior to the City and developer investing a lot of resources in the complex architectural, economic, environmental, and legal work necessary to reach agreement. These basic terms are listed in the attached "Draft Term Sheet" The term sheet simply provides a statement of intent and does not bind either party to reaching a final agreement to transfer or develop the property Staff's approach to the draft term sheet was to reflect City goals for Tukwila Village and to follow standard real estate practices when possible Once the City and Tarragon agree on a term sheet, we will negotiate a more detailed agreement called a Memorandum of Understanding (MOU) The MOU will also be a non binding statement of intent, expectations, and responsibilities of the parties After reaching agreement on the MOU, the City and Tarragon will negotiate the final level of detail which should result in a Purchase and Sale agreement and a Development Agreement. The Purchase and Sale and Development Agreements will require City Council approval Tukwila Village Process Steps Draft 8/20/09 Requires City Negotiations Council Approval (1) Term Sheet (2) Memorandum of Understanding (MOU) (3) Purchase and Sale and Development Agreement City Lead Tasks (1) Comprehensive Plan and Zoning Amendments Yes (2) Environmental Remediation If over $40,000 (3) Public Infrastructure (144th and TIB) Design study City funding decision Yes Design Bid and construction Yes (4) SEPA Review (5) Police Resource Center Requirements Yes (6) Multi- family Property Tax Exemption Yes Tarragon Lead Tasks (1) Site due diligence (2) Concept design (3) Market studies (4) Library agreement (5) 30% design drawings (6) Indication of available financing (7) Board of architecture review (8) Construction drawings (9) Permit review (10) Construction financing (11) Building permit issued (12) Close on land purchase (13) Bids (14) Construction (15) Open (16) Lease -up Yes Yes Note (1) Tarragon may develop in phases and therefore the design, financing, and construction may have multiple rounds. Tuk Village Schedule2 Draft2 1/1 Printed 08/20/2009 12.53 PM D 1 AFT Tukwila Village Draft Deal Terms 08/20/2009 Developer proposes and City desires a high quality development of mixed uses including but not limited to multi family residential, retail, library, retail services, and police resource center The development shall also act as a neighborhood gathering place by providing exterior open space designed with appropriate amenities to achieve this goal 2 Developer and City will agree to work cooperatively to reach agreement on a conceptual development plan that is mutually acceptable to both parties 3 Tarragon will expend substantial time, effort and money in the predevelopment, development and marketing of the property in close coordination with the City 4 Developer will reserve a minimum of 20% of the total number of residential units for families qualified as earning up to 80% of the area median income 5 City and Developer will agree to cooperate in negotiations with the Foster Library to support the relocation of that use into Tukwila Village 6 City and Developer recognize that King County has expressed the need to sell the current Foster Library property prior to entering into a Lease for space in Tukwila Village 7 Developer and City will act in a collaborative manner in the predevelopment and development process and in the negotiation of a Development Agreement (to include design standards) which will outline the responsibilities and commitments of the parties related to the development of Tukwila Village 8 Developer will acquire and control the Property in phases according to an agreed Phasing Plan and Schedule Once established, the Phasing Plan and Schedule may be amended by mutual agreement. Developer's right to proceed with each phase after the first phase will be dependent on its performance of the prior phase 9 The parties will negotiate a development schedule that will allow for flexibility to accommodate market conditions, but will also set milestones and outside deadlines for Developer and City performance 10 City will retain a right to re- purchase the property in the event of Developer default. 11 City will agree to support zoning and comp plan changes as necessary to accomplish the agreed upon conceptual plan 12 City will pass local ordinance supporting multi family property tax exemptions at Tukwila Village 1 13 City will pursue public funding for the design and construction of improvements to 144 that include curb, gutter, sidewalk, bike lanes and on- street parking upon development plan s ti—i k41 necessary entitlements and permits to achieve the agreed Developer will obtain eces ry reed p g 15 City will identify and maintain a project manager who will help Developer coordinate with the various City departments to achieve a more expeditious permitting process 16 City will remain responsible and will indemnify Developer for any environmental remediation that is required as a result of pre- existing conditions 17 City to vacate 41 street. Developer will cooperate with City to ensure access to adjacent properties as necessary 18 Developer will incorporate sustainable building practices throughout the development. 19 Developer will ensure all residential units are built to condominium quality standards 20 The gross square footage of the Property, currently estimated at 6 acres, will be the quantity available for purchase 21 The minimum amount of net rentable area (including structured parking), currently estimated at 500,000 SF, will be achievable within the codes, laws and quantity of available land 22 The initial takedown would occur within xx months of SEPA Plat/ Binding Site Plan approval and following Building Permit approval 23 Developer will pay fair market value for the Property at the time of purchase 24 No more than 120 days and no Tess than 90 days prior to the initial takedown or a subsequent takedown, the parties will determine the then fair market value of the portion of the property contemplated for purchase, taking into consideration its intended use per the agreed upon development plan, the development costs including cost of ensuring adequate utility service, and incorporating a land residual analysis 25 If the Developer and the City cannot agree on the fair market value of the takedown parcel then it will be determined by appraisal pursuant to a binding three MAI appraiser appraisal process that will be more fully described in the purchase agreement. 26 Except for any disclosure by the City required under the Washington Public Records Act, the parties will endeavor to keep the negotiations confidential 2 Exhibit: Proposed development plan as submitted July 15. 2008 GROUND LEVEL LAYOUT 3S 7a 140 NWOH SCALE. 1" 70' -0" UPPER RESIDENTIAL LEVELS e 0 35' 70' 140 NORmN SCALE: 1" 70' -0" 3 24th (Monday) Community Affairs Parks Cmte, 5.00 PM (CR #3) City Council Committee of the Whole Mtg. 7:00 PM (Council Chambers) C.O.W to be immediately followed by a Special Meeting 25th (Tuesday) Utilities Cmte, 5:00 PM (CR 81) City Council Special Mtg. (Work Session on Shoreline Master Program) 6:00 t0 8:00 PM (Council Chambers) Chamber of Commerce Gov't. Community Affairs Cmte. 12:00 NOON (Chamber Office) Arts Commission, 5.30 PM (Community Center) Deadline to submit historical items for consideration to the City Clerk's Office for inclusion in the time capsule to be buried at City Hall in the fall of 2009 Visit www.ei.tukwila. wa. us and click on Headlines for link to more information. Upcoming Meetings Events AUGUST SEPTEMBER 2009 26th (Wednesday) 27th (Thursday) COPCAB, 6:30 PM (CR #5) Court Planning Commission, 7:00 PM (Council Chambers) 31st (Monday) 1st (Tuesday) 2nd (Wednesday) 3rd (Thursday) Sister City Equity C-rnte Diversity RESCHEDULED Commission, FOR SEPT 9TH 5 15 PM (CR #3) Court 28th (Friday) 4th (Friday) Deadline to register for the Fall 2009 Citizens' Police Academy i POLICE', Visit http: www.ci.tukwila.wa .us /nolice/ odcrimen.html or call Chris at 206 -431 2197 (or e -mail cpartman@ ci.tukwila.wa.us) 29th (Saturday) Tukwila-kWh A ction Crate's T ras-i- rv- .Pick, up_Day [Was held August 22] Bike Rodeo 10:00 AM to 2:00 PM Foster High School parking lot Free bike inspections from Bicycles West, skills courses, and safety tips from Tukwila Police bike officers Bring a parent or guardian to sign permission slip! Call Chris at 206 -431 -2197 or e -mail cpartman@ ci.tukwila.wa.us 5th (Saturday) ➢Arts Commission: 1st Tues. 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. City Council Regular Meeting: 1st 3rd Mon. 7:00 PM, Council Chambers at City Hall. City Council Committee of Whole (C.O.W) Meeting: 2nd 4th Mon. 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon. 5:00 PM, Conf. Room #3 Agenda items for 8/24/09 meeting.: (A) Ordinance adopting the 2008 Electrical Code. (B) Tukwila South development agreement update. COPCAB (Community Oriented Policing Citizens Adv Board): 4th Wed. 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175). Finance Safety Committee: 1st 3rd Tues. 5:00 PM, Conf. Room #3 Planning Commission/Board of Architectural Review: 4th Thurs. except 2nd Thursday in Nov Dec. 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 3670. Transportation Committee: 1st 3rd Mon. 5:00 PM, Conf. Room #1 Tukwila Intl. Blvd. Action Cmte: 2nd Tues. 7 PM, Tukwila Community Center Contact Chief Dave Haynes at 206-433-1812. Utilities Committee: 2nd 4th Tues. 5:00 PM, Conf. Room #1 Agenda items for 8/25/09 meeting: (A) Howard Hanson Darn flood response plan resolution declaring surplus property. (B) Gilliam Creek Basin Stormwater Overflow bid award. (C) 2009 Annual Small Drainage Program King County interlocal cooperation agreement. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O W REGULAR C.O.W August 3 3P Fifth Monday of the month—no Council meeting scheduled September 8 (Tuesday) 7th —Labor Day (City offices closed) October Special Presentation: Fire Department awards Proclamation: National Payroll Week Unfinished Business: Ordinance authorizing the execution of an amended and restated interlocal agreement relating to the South Correctional Entity facility (SCORE) 5 Special Presentation: Community Schools Collaboration update 10 17 24 14 21 28 Special Presentation: Duwamish tribe recognition and longhouse update (Cecile Hanson) Special Presentations: Professional Finance Officer's award from WFOA to Shawn Hunstock, Finance Director Tukwila School District English Language Learners Program (Dave Larson, Program Director) Proclamation: Mayor s Day of Concern for the Hungry 12 19 26 See agenda packet cover sheet for this week's agenda (August 24, 2009 Committee of the Whole Meeting) COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING