HomeMy WebLinkAboutCOW 2011-09-12 Item 4E.2 - Resolution - Loan Agreement with Tukwila Metropolitan Park DistrictCOUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by Ma) or'.r review
09/12/11 MH
ITEM INFORMATION
CAS NUMBER: 11-093 STAFF SPONSOR: SHAWN HUNSTOCK
AGFNDn Tukwila MPD Formation documents
ITEM NO.
Core i�e�a 4.E.
SPE 2.A. 2.B.
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Discurrion Motion Resolution Ordinance .BidAaarard Public Hearing Other
l2tg Date 09112111 111tg Date 09112111 Mtg Date 09112111 Mtg Date NLtg Date Nltg Date All Date
SPONSOR Council Mayor HR .DCD Finance .1 ~ire IT P &IR Police PA'/
SPONSOR'S The Tukwila Pool Metropolitan Park District (MPD) was approved by voters on
SUNIN1ARY August 16, 2011. Various formation resolutions need to be passed to formally create the
MPD and begin operations. The City must also pass a resolution authorizing a loan
agreement with the MPD, as well as an interlocal agreement to provide support services to
the MPD.
Rrxirwri i) ICY CON \t Mtg.
Utilities Cmte
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN.
CO,NiM'1'1 "1'1 ?P,
CA &P Cmte F &S Cmte "Transportation Cmte
Arts Comm. Parks Comm. Planning Comm.
COMMITTEE CHAIR:
COST IMPACT FUND SOURCE
E\PI?NDITURI': RI AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
C0T71.172G'nts.
MTG. DATE 1 RECORD OF COUNCIL ACTION
09/12/11 1
I MTG. DATE I ATTACHMENTS
09/12/11 Informational Memo dated 9/8/11
interlocal Agreement
Resolution in draft form
LEM
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Committee of the Whole
FROM: Shawn Hunstock, Interim City Administrator
DATE: September 8, 2011
SUBJECT: MPD Formation Documents
ISSUE
The Tukwila Pool Metropolitan Park District (MPD) was approved by voters on August
16, 2011. Various formation resolutions need to be passed to formally create the MPD
and begin operations. The City must also pass a resolution authorizing a loan
agreement with the MPD, as well as an interlocal agreement to provide support services
to the MPD.
BACKGROUND
The City will continue to provide administrative support to the pool, as outlined below.
These services will be billed to the MPD using actual costs and actual hours worked,
plus a 10% overhead charge to cover incidental unreimbursed costs.
It will also be necessary for the City to loan money to the MPD until the MPD starts to
receive significant property tax amounts in early May 2013. Staff has projected these
needs to be approximately $1.1 million.
DISCUSSION
Interlocal Agreement
Staff recommends Council approve execution of an interlocal agreement with the MPD
for provision of the following services by City staff to the MPD:
A. Administrative Services performed by the City Clerk
1. Production of minutes for TPMPD meetings;
2. Collect agenda items, prepare agendas, and prepare meeting
packets and agenda items;
3. Prepare meeting rooms;
4. Notice meetings; and
5. Organize and maintain District records and files according to state
archive requirements.
INFORMATIONAL MEMO
Page 2
B. Information and Technology Services
1. Consult with the TPMPD Board of Commissioners on TPMPD
website design and creation, including e -mail capability;
2. Build TPMPD website; and
3. Maintain and post documents, and update TPMPD's website.
4. Provide support of computers, telephones, cell phones, printers,
copiers, fax machines used by the TPMPD.
C. Finance
1. Prepare annual report to the State Auditor's Office;
2. Support State Auditor's Office with annual audit; and
3. Maintain records and prepare reports, such as monthly expense and
revenue reports.
4. Provide general accounting services, monthly reports to the Board on
the status of TPMPD funds.
5. Provide semi monthly payroll processing, file any necessary monthly,
quarterly and /or annual payroll reports and returns.
6. Provide Accounts Payable services, payment of invoices and
Purchasing Card administration.
7. Provide risk management administration.
D. Parks and Recreation
1. Project Management Support (.25 FTE).
2. Maintenance of exterior pool grounds /landscaping.
3. Janitorial services.
4. Pool staff and management.
E. Human Resources
1. Recruitment of TPMPD employees.
2. Maintenance of employee records.
3. Benefit administration.
These services are subject to change upon mutual agreement by the City and the MPD.
The City Administrator shall determine the specific staff assignments for each of the
duties listed above. Costs above shall be charged to the MPD at actual costs using the
City's project accounting system, plus 10% overhead.
The interlocal agreement also transfers capital assets the City currently owns for the
pool to the MPD for the nominal fee of $100.
Loan Agreement
A resolution is included in the agenda packet that provides for a loan between the City
and the MPD for up to $1.1 million plus 2% interest. Repayment, as recommended in
the original MPD budget projections that Council reviewed previously, will be for ten
years at the current market rate of interest (2 The amount of the loan is based on
staff projections of what the MPD will need to fund operations through receipt of the first
significant property tax revenue in May 2013. Program revenue will also be credited to
WA2011 Info MemoslInfoMemo_ MPDlnterlocalAgreementAndLoanResolution .docx
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INFORMATIONAL MEMO
Page 3
the MPD accounts, as well as expenses separately tracked and accounted for in a new
fund in the City's accounting system. Debt service payments from the MPD will come
from property tax receipts and pool program revenue.
RECOMMENDATION
Staff is recommending adoption of the interlocal agreement for support services to be
provided to the MPD, as well as the resolution authorizing a loan agreement between
the City and the MPD.
The interlocal agreement and resolution are scheduled for the September 12, 2011
Committee of the Whole and Special Council meeting.
ATTACHMENT
Draft Resolution
Draft Interlocal Agreement
W:12011 Info Memosll nfoMemo_ MPDlnterlocalAgreementAndLoanResolution .doa
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INTERLOCAL AGREEMENT
FOR SUPPORT SERVICES
BETWEEN THE CITY OF TUKWILA AND
THE TUKWILA POOL METROPOLITAN PARK DISTRICT
In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila
"Tukwila and the Tukwila Pool Metropolitan Park District "TPMPD both of whom are
Washington municipal corporations, hereby enter into the following agreement:
I. RECITALS
Tukwila and TPMPD, through their respective legislative bodies, have declared their
intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and
Tukwila and TPMPD recognize that the cost savings from shared support services greatly
outweighs the increased facility and administrative expenses in creating and maintaining separate
facilities and accounting practices associated with the operation of the City of Tukwila Pool and
related services;
Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support
services to facilitate the operation of TPMPD and the City of Tukwila Pool:
II. AGREEMENT
1. Term of Agreement and Renewal.
1.1 Term. This Agreement shall be valid from the Effective Date set forth in
Section 4.1 of this Agreement until January 15, 2012.
1.2 Renewal. This Agreement may be renewed only by written agreement of both
Parties.
2. Scobe of Work.
2.1 Duties shall be performed primarily by the incumbent identified by job title,
however, the City Administrator may delegate responsibilities based on staff
availability and organizational needs. Tukwila shall perform the following
duties for TPMPD:
A. Administrative Services performed by the City Clerk:
1. Production of minutes for TPMPD meetings;
2. Collect agenda items, prepare agendas, and prepare meeting packets and
agenda items;
3. Prepare meeting rooms;
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93
4. Notice meetings; and
5. Organize and maintain District records and files according to state
archive requirements.
B. Information and Technology Services:
1. Consult with the TPMPD Board of Commissioners on TPMPD website
design and creation, including e -mail capability;
2. Build TPMPD website;
3. Maintain and post documents, and update TPMPD's website; and
4. Provide support of computers, telephones, cell phones, printers, copiers,
fax machines used by the TPMPD.
C. Finance:
1. Prepare annual report to the State Auditor's Office;
2. Support State Auditor's Office with annual audit;
3. Maintain records and prepare reports, such as monthly expense and
revenue reports;
4. Provide general accounting services, monthly reports to the Board on the
status of TPMPD funds;
5. Provide semi monthly payroll processing, file any necessary monthly,
quarterly and /or annual payroll reports and returns;
6. Provide Accounts Payable services, payment of invoices and Purchasing
Card administration; and
7. Provide risk management administration.
D. Parks and Recreation:
1. Project Management Support; (.25 FTE)
2. Maintenance of exterior pool grounds /landscaping;
3. Janitorial services; and
4. Pool staff and management.
2
E. Human Resources:
1. Recruitment of TPMPD employees;
2. Maintenance of employee records; and
3. Benefit administration.
3. Cost of Support Services and Payment.
3.1 Cost Basis. TPMPD shall pay Tukwila for providing support services based on
the hourly wages and benefits of City staff and their time spent providing
support services, plus 10% for overhead expenses. The services provided under
this agreement shall not exceed $7,500.00 per month.
3.2 Monthly Invoice. Tukwila shall _provide to TPMPD a monthly invoice for
support services provided to TPMPD no later than 15 business days after the
end of each month. Payment shall be due from TPMPD 30 days from the date
of invoice and made payable to the City of Tukwila.
3.3. Transfer of Tukwila Pool Assets. Due to the formation of the TPMPD, Tukwila
no longer is in need of the assets associated with the Tukwila Pool. For the
consideration of $100.00 Tukwila will transfer the assets listed on Exhibit A. to
the TPMPD.
4. General Provisions.
4.1 Effective Date. This Agreement shall be effective upon ratification by each
Party's governing body and execution by TPMPD's Board President and the
Mayor of Tukwila.
4.2 Amendment. This Agreement may be amended only upon the consent of both
Parties. Any amendments shall be in writing and shall be ratified and executed
by the Parties in the same manner in which this Agreement was originally
adopted.
4.3 Waiver. The waiver by any party of any breach of any term, covenant, or
condition of this Agreement shall not be deemed to be a waiver of any
subsequent breach of the same term, covenant, or condition of this Agreement.
4.4 Severability. If any provision of this Agreement shall be held invalid, the
remainder of the Agreement shall not be affected thereby.
4.5 Entire Agreement. This Agreement represents the entire understanding of the
Parties and supersedes any oral representations that are inconsistent with or
modify its terms and conditions.
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4.6 Counterparts. This Agreement shall be effective whether signed by all Parties
on the same document or signed in counterparts.
4.7 Notices. Any notice to be provided under the terms of this Agreement, shall be
delivered by certified mail, return receipt requested, or by personal service to
the following:
For Tukwila:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
For TPMPD:
President
TPMPD
6200 Southcenter Blvd.
Tukwila, WA 98188
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
CITY OF TUKWILA
TUKWILA POOL METROPOLITAN
PARK DISTRICT
By:
Jim Haggerton, Mayor
Dated:
Attest:
Christy O'Flaherty, City Clerk
Approved as to Form:
Shelley M. Kerslake, City Attorney
Attachment: Exhibit A
By:
Title: Board President
Dated:
Attest:
Title: Clerk of the Board
Approved as to Form:
Lisa M. Marshall, Attorney for TPMPD
4
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING A LOAN FROM THE
CITY OF TUKWILA GENERAL FUND TO THE TUKWILA
METROPOLITAN PARK DISTRICT FUND, IN AN AMOUNT
NOT TO EXCEED $1.1 MILLION, TO FUND PARK DISTRICT
OPERATIONS PENDING COLLECTION OF GENERAL TAXES.
WHEREAS, by Resolution No. 1738, the City Council of the City of Tukwila,
Washington, asked the voters to create a Metropolitan Park District whose boundaries
would be coextensive with the boundaries of the City of Tukwila, including the authority to
levy a general tax on property not to exceed 15 cents per thousand dollars of assessed
valuation each year as statutorily provided; and
WHEREAS, on August 16, 2011, the voters of Tukwila approved the formation of
a Metropolitan Park District as required and now known as the Tukwila Metropolitan
Park District "Park District and
WHEREAS, the general taxes levied by the Park District pursuant to RCW
35.61.210 will not be collected and available to fund Park District operations until May 1,
2013, and a loan from the City of Tukwila is needed during the interim period to fund
Park District operations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Loan from City General Fund to Park District Fund Authorized.
The City of Tukwila hereby authorizes a loan from its General Fund to the Tukwila
Metropolitan Park District Fund in the principal sum not to exceed the lesser of
$1,100,000.00 plus interest thereon, or the Park District's indebtedness limit pursuant to
RCW 35.61.100.
Section 2. Loan Repayment Terms Interlocal Agreement Authorized. City
staff is hereby directed to prepare an Interlocal agreement setting forth the terms and
conditions of the loan authorized in Section 1. Said agreement shall specify, at
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minimum, a repayment term of 10 years and interest due at the rate of 2% compounded
annually.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this day of September, 2011.
ATTEST /AUTHENTICATED:
Melissa Hart, CMC, Acting City Clerk Allan Ekberg, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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