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Home My WebLink About09-23-2019 CITY COUNCIL STUDY SESSIONCity Council Study Session Muni Serv ices S FA September 23, 2019 - 5:30 P M City Hall Council Chambers A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R A .Roll Call I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Resolution No. 5455 (Gaub) (5 Minutes) A Resolution of the City Council of the City of A uburn, Washington, authorizing the Mayor to enter into an easement agreement with Motorola Solutions, I nc. B .Ordinance No. 6729 (Gaub) (10 Minutes) A n Ordinance of the City Council of the City of A uburn, Washington, Vacating Right-of- Way of 130th Avenue S E , between S E 304th Street and S E 302nd P lace, within the City of Auburn, Washington C.Ordinance No. 6734 (T homas) (15 Minutes) A n Ordinance of the City Council of the City of A uburn, Washington related to the S outh Correctional Entity; authorizing the execution of an amended and restated I nterlocal A greement relating to the; approving the City’s Capital Contribution related to refunding bonds to be issued to refinance the S outh Correctional Entity F acility; and approving other matters related thereto I V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS V.O T HE R D I S C US S I O N I T E MS V I .NE W B US I NE S S V I I .MAT R I X A .Matrix V I I I .A D J O UR NME NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 1 of 54 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5455 (Gaub) (5 Minutes) Date: September 17, 2019 Department: Public Works Attachments: Res olution No. 5455 Utilities Easement Agreement Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The City operates and maintains two water storage reservoirs and pumping facilities on property located at 5031 Auburn Way South. Adjacent property to the north is owned by Seventh Day Adventists (SDA). SDA has agreed to allow Motorola Solutions, Inc. to construct, operate and maintain a communications tower for Puget Sound Emergency Radio Network (PSERN) on their property. Their site is located along a portion of Auburn Way South that has steep slopes; therefore, access to their site is proposed to use the access that currently serves the City's water property and two additional single family homes. Motorola Solutions has obtained access rights from the other property owners along the access road and has requested an easement for access to the tower property through the City's water property. Public Works staff support Motorola’s request for access through the reservoir property based on conditions that are included in the easement agreement. These include a requirement that Motorola does not enter the City’s fenced area and that Motorola relocate the existing City access gate and fence and construct an access to their site outside the City's fenced area. In addition, the City is requiring that Motorola be responsible for maintenance of the access road. The proposed easement agreement also contains provision for emergency access for the tower site. Resolution No. 5455 will authorize the Mayor to execute the Easement Agreement. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:September 23, 2019 Item Number: Page 2 of 54 Page 3 of 54 -------------------------------- Resolution No. 5455 September 9, 2019 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN EASEMENT AGREEMENT WITH MOTOROLA SOLUTIONS, INC. WHEREAS, the City owns property at 5031 Auburn Way South, which is the location for city water storage reservoirs and pumping facilities; and WHEREAS, Motorola Solutions, Inc. desires to construct and operate a communications tower for Puget Sound Emergency Radio Network (PSERN) on adjacent property to the north; and WHEREAS, the only access to the property to the north is through the City property; and WHEREAS, Motorola Solutions, Inc. has requested access and utilities easements through the City property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an easement agreement between the City and Motorola Solutions, Inc., which agreement shall be in substantial conformity with the attached “Access and Utilities Easement Agreement,” which is incorporated by this references. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force on passage and signatures. Page 4 of 54 -------------------------------- Resolution No. 5455 September 9, 2019 Page 2 of 2 Rev. 2019 Dated and Signed: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Steven L. Gross, City Attorney Page 5 of 54 GRA18-0019 Access and Utilities Easement Page 1 of 8 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. ACCESS AND UTILITIES EASEMENT GRA18-0019 Reference # (if applicable): N/A Grantor: City of Auburn Grantee: Motorola Solutions, Inc. Legal Description/STR: SW ¼ S27-T21-R5 Assessor’s Tax Parcel ID#: 2721059106r 1. Parties. The parties to this Access Easement Agreement (the “Agreement”) are the City of Auburn (“Grantor”), and Motorola Solutions, Inc. (“Grantee”). 2. Preamble. Grantor is the owner of certain property in King County, Washington, which property is described in deed recorded under recording number 5174401, Records of King County, Washington (“Grantor’s Property”). Grantor and Grantee desire to enter into this Agreement for the purpose of creating certain easements to benefit the Grantee’s Property, as more particularly described hereinafter. 3. Agreement. In consideration of One Dollar ($1.00), to be paid by Grantee to Grantor, the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee, intending to be legally bound, hereby agree to the terms and conditions of this Agreement. 4. Access Easement. Grantor hereby grants, transfers and conveys to Grantee a nonexclusive easement (the “Access Easement”), for the benefit of the Grantee’s Leased Property, over and across a portion of Grantor’s Property (the “Easement Area”), to and from Grantee’s Leased Property and SR 164 a public right of way, for the purpose of providing access, ingress and egress to Grantee’s Leased Property. The Easement Area is described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and by this reference made a part thereof. The easement rights granted hereunder by Grantor to Grantee shall Page 6 of 54 GRA18-0019 Access and Utilities Easement Page 2 of 8 expressly include, without limitation, the right to free and unencumbered ingress and egress over and across the Easement Area. As a condition to this grant of easement, Grantee shall install, consistent with Permit # GRA18-0019, a chain link gate within the Easement Area for entry and exit of the Leased Property. This gate shall replace the current gate, which Grantee will remove with as little damage as is reasonably possible and will supply it to Grantor. Furthermore, Grantee will install, consistent with Permit # GRA18-0019, a chain link fence to the South of and matching the current chain link security fence. Grantee shall at all times, and at Grantee’s sole cost, keep the installed fence and the access road that lies within the Access Easement maintained and in good repair, compliant with all applicable state, federal and city codes, ordinances, and regulations. 5. Utilities Easement. Grantor hereby grants, transfers and conveys to Grantee a nonexclusive easement (the “Utilities Easement”), for the benefit of Grantee’s Leased Property, over and across a portion of Grantor’s Property (the “Easement Area”), for the purpose of installing, operating, maintaining and repairing telephone and electric utility lines (the “Facilities”) to service Grantee’s Leased Property. The Easement Area is described as a “30-foot utilities easement” on Exhibit “A” and depicted on Exhibit “B” attached hereto and made a part hereof. The easement rights granted hereunder by Grantor to Grantee shall expressly include, without limitation, the right to unencumbered ingress and egress over and across Grantor’s Property to access the Facilities and the right to use, repair, replace, and maintain all Facilities hereafter placed in the Easement Area. The final location of Utilities Easement to be shown a survey and provided to Grantor. 6. Emergency Access Easement Grantor grants, transfers and conveys to Grantee a nonexclusive easement for the benefit of Grantee’s Leased Property, over and across that portion of Grantor’s Property that lies immediately adjacent to and West of the Access Easement. The grant of access is limited to access that is minimally and reasonably necessary to achieve the purpose of emergency vehicle access to Grantee’s Leased Property during an emergency. As a condition to this grant of easement, and for the purpose of allowing emergency vehicle access while at the same time preserving the security of the Grantor’s parcel, Grantee shall install a gate (“Emergency Gate”), at a location determined by the Grantor, to permit emergency vehicle access to Grantee’s Leased Property from the Grantor’s property. Grantee shall at all times keep the Emergency Gate locked. At all times, and at Grantee’s sole cost, Grantee will keep the Emergency Gate in good condition and repair, compliant with all applicable state, federal and city codes, ordinances, and regulations, and shall perform, at its sole expense, all necessary maintenance and repairs of the Gate. Prior to performing any maintenance or repair work, Grantee shall obtain Grantor’s written approval of the work from the City Engineer or the Public Works Director. The work shall be performed in coordination with the Grantor to Page 7 of 54 GRA18-0019 Access and Utilities Easement Page 3 of 8 preserve security of Grantor’s parcel and uninterrupted operation of Grantor’s utility. The work shall be conducted in a good and work-manlike manner and in accordance with all applicable state, federal, or city codes, ordinances and regulations. Following any maintenance or repair work, Grantee will promptly restore Grantor’s property to the condition existing immediately before such work. 7. Breach and Remedy. If there is any failure of Grantee or their respective successors and assigns, to comply with the obligations set forth in this Agreement, including but not limited to, the performance of the maintenance work, for a period of twenty (20) calendar days after receipt of notice from Grantor, then Grantor may perform the necessary work and bill Grantee and/or seek all remedies available at law or in equity to compel the Grantee to comply with this Agreement, including but not limited to, the payment of any reasonable costs and expenses and all reasonable attorney's fees and costs. In the event Grantee has commenced the curing of such failure and is diligently pursuing such cure, the Grantor shall not perform the necessary maintenance work to cure such failure so long as the Grantee is diligently pursuing the cure. 8. Notices. Any notice sent pursuant to this Agreement shall be in writing and sent by reliable overnight or express courier service with adequate postage prepaid or on account thereof, addressed to the appropriate party. The initial addresses of the parties shall be as set forth below: To Grantor: City of Auburn Water Department 25 W Main Street Auburn, WA 98001 To Grantee: Motorola Solutions Inc. Attn: PSERN Project Manager 3131 Elliott Ave. Suite 200 Seattle, WA 98121 9. Successors and Assigns. The Access Easement granted herein shall be appurtenant to and shall run with Grantee’s Leased Property, and shall be binding upon and inure to the benefit of each party hereto, its successors, assigns, mortgagees, tenants, representatives and invitees. 10. Indemnification. Grantee shall protect, defend, indemnify and hold Grantor harmless from and against any damages, liability, actions, claims, and expenses (including reasonable attorney’s fees actually incurred) arising either to property or persons from or related to the exercise of any rights or the discharge of any obligations by or on behalf of Page 8 of 54 GRA18-0019 Access and Utilities Easement Page 4 of 8 Grantee in connection with its use of the Easement Area and the Emergency Access Easement; provided, however, that Grantor shall not be indemnified for its sole negligence or willful misconduct. If any mechanic’s, materialmen’s, laborer’s or other lien is asserted against the Grantor’s property as a result of the activities undertaken on behalf of Grantee, Grantee shall cause such lien to be discharged or released of record within 20 days after notice from Grantor, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge. 11. Governing Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. 12. Contractor Insurance. Grantee shall cause its contractors to maintain, at all times during the course of their work in the Easement Area, commercial general liability insurance with limits of not less than One Million Dollars ($1,000,000) naming Grantor as “an Additional Named Insured” and shall provide certificates evidencing such coverage prior to start of construction. 13. Obstruction. Except in accordance with this Agreement, neither party shall in any way block, restrict or impede access and egress to or from said Easement Area and/or in any way block, restrict or impede full use of Grantor’s real property. 14. Covenant. The Easements and conditions in this agreement shall be covenants running with the land constituting the Grantor’s property as the servient tenement and benefit the Grantee Leased Property as the dominant tenement, and shall inure to and be binding on the successors, heirs and assigns of all parties hereto. [signature page to follow] Page 9 of 54 GRA18-0019 Access and Utilities Easement Page 5 of 8 Signed, sealed and delivered on the ___ day of __________, 20__ in the presence of: ___________________________________ Unofficial Witness __________________________________ Notary Public My Commission Expires: ________________________ [NOTARY SEAL] [NOTARY STAMP] “GRANTOR” City of Auburn By:_______________________________ ________________, position Page 10 of 54 GRA18-0019 Access and Utilities Easement Page 6 of 8 Signed, sealed and delivered on the ___ day of __________, 20__ in the presence of: __________________________________ Unofficial Witness ____________________________________ Notary Public My Commission Expires: ________________________ [NOTARY SEAL] [NOTARY STAMP] “GRANTEE”: Motorola Solutions, Inc. By:_______________________________ ________________, position Page 11 of 54 GRA18-0019 Access and Utilities Easement Page 7 of 8 EXHIBIT “A” ACCESS AND UTILITIES EASEMENT LEGAL DESCRIPTION A PORTION OF PROPERTY DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 5174401, RECORDS OF KING COUNTY, WASHINGTON; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF THE ABOVE DESCRIBED DEED; THENCE SOUTH 46°39'23" WEST, A DISTANCE OF 45.60 FEET ALONG THE SOUTHEAST LINE OF SAID DEED TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEAST LINE, NORTH 64°17'54" WEST, A DISTANCE OF 47.64 FEET; THENCE NORTH 83°20'36" WEST, A DISTANCE OF 81.86 FEET; THENCE NORTH 71°43'40" WEST, A DISTANCE OF 130.88 FEET; THENCE NORTH 36°17'15" WEST, A DISTANCE OF 50.18 FEET TO THE NORTH LINE OF SAID DEED ALSO BEING THE SOUTH LINE OF PARCEL A, “WESTERLY PORTION,” OF CITY OF AUBURN BLA08-0015, RECORDED UNDER RECORDING NO. 20090114900004, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 88°41'39" WEST, A DISTANCE OF 25.29 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, SOUTH 36°17'15" EAST, A DISTANCE OF 71.95 FEET; THENCE SOUTH 71°43'40" EAST, A DISTANCE OF 139.37 FEET; THENCE SOUTH 83°20'36" EAST, A DISTANCE OF 80.54 FEET; THENCE SOUTH 64°17'54" EAST, A DISTANCE OF 36.63 FEET TO THE SOUTHEAST LINE OF SAID DEED; THENCE NORTH 46°39'23" EAST, A DISTANCE OF 21.42 FEET ALONG SAID SOUTHEAST LINE TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6393 SQ. FT., MORE OR LESS. THE BASIS OF BEARING FOR THIS DESCRIPTION IS A MONUMENTED LINE FROM CITY OF AUBURN MONUMENT 1114-001 TO CITY OF AUBURN MONUMENT 1215-011, THIS LINE ALSO BEING THE NORTH LINE OF THE PROPERTY DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 5174401, RECORDS OF KING COUNTY, WASHINGTON, AND THE SOUTH LINE OF THE “WESTERLY PORTION” OF PARCEL A OF CITY OF AUBURN BLA08-0015. THE BEARING FOR SAID LINE BEING SOUTH 88°41'39" EAST. Page 12 of 54 PV AUBURN WAY SOUTH (SR 164) "WESTERLY PORTION" PARCEL A BLA 08-0015 (REC. NO. 20090114900004) N88°41'39"W 238.33' CITY OF AUBURN WATER TANKS PARCEL NO. 2721059106 SWD 5174401 ADVENTIST ACADEMY CHURCH PARCEL NO. 2721059012 SCHINDLER VIOLA DAWN+DUANE PARCEL NO. 2721059118 \A1;POWER VAULT L1 L9 L2 L3 L4 \A1;POINT OF BEGINNING L6 L8 107.14' 45.60' L10 L5 SCALE:JOB NUMBER:DRAWING FILE NAME:DRAWN BY:DATE: www.LDCcorp.com 20210 142nd Avenue NE Woodinville, WA 98072 THE CIVIL ENGINEERING GROUP Fx. 425.482.2893 Ph. 425.806.1869 Planning Structural Engineering Survey PSERN AUBURN17-41417-414SV ESMTNSY11-27-17 1"=80'{\Q0;ACCESS AND UTILITY EASEMENT}0 80' 80'80'160' SCALE: 1" = 47.64' 81.86'N83°20'36"W L1 L2 130.88L3 50.18'N36°17'15"WL4 DISTANCEBEARINGLINE LINE TABLE SW 1/4 OF THE NW 1/4 OF SEC. 27, TWN. 21 N., RNG. 5 E., W.M. KING COUNTY, WASHINGTON 25.29'N88°41'39"WL5 71.95'S36°17'15"EL6 L7 139.37' L8 80.54'S83°20'36"E L9 DISTANCEBEARINGLINE 36.63'S64°17'54"E L10 21.42' \A1;POINT OF COMMENCEMENT EXHIBIT "B" EASEMENT ON CITY OF AUBURN PROPERTY RPLANOISSE F O ROYEVRUSDNALEDWARDD. R ODERETSIGER NOTGNIHSAWFOETATS E S NAND 7-31-19 Page 13 of 54 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6729 (Gaub) (10 Minutes) Date: August 26, 2019 Department: Public Works Attachments: Draft Ordinance No. 6729 Exhibits A & B Staff Report Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council discuss Draft Ordinance No. 6729 for Right-of-Way Vacation No. V2-19 for the Auburn School District. Background Summary: The Auburn School District has applied to the City for vacation of unopened right-of-way located at 130th Avenue SE, between SE 304th Street and SE 302nd Place, described in Exhibit “A” and shown on Exhibit “B”. The applicant either owns the adjacent property or is in the process of acquiring it and is proposing to incorporate the right-of-way into development of the adjacent property for construction of a new elementary school. The unopened right-of-way proposed for vacation was dedicated to the City for street purposes by the plat of Vintage Hills Division V on May 8, 2001. The application has been reviewed by City staff and utility purveyors who have an interest in this right-of-way. Through this review City staff has determined that the right-of-way is not necessary to meet the needs of the City and could be vacated. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:September 23, 2019 Item Number: Page 14 of 54 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 1 of 5 ORDINANCE NO. 6729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, VACATING RIGHT-OF-WAY OF 130TH AVENUE SE, BETWEEN SE 304TH STREET AND SE 302ND PLACE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn, Washington (“City”), received a petition signed by at least two-thirds (2/3) of the owners of property abutting the right-of-way located at 130th Avenue SE, between SE 304th Street and SE 302nd Place, within the City of Auburn, requesting vacation of the right-of-way; and, WHEREAS, as required by Chapter 12.48 of the Auburn City Code, a public hearing was held in connection with the possible vacation, with notice having been provided pursuant to statute; and, WHEREAS, the City Council has considered all matters presented at the public hearing on the proposed vacation, held on the 7th day of October, 2019, at the Auburn City Council Chambers in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Vacation. That unopened right-of-way located at 130th Avenue SE between SE 304th Street and SE 302nd Place, located within the City of Auburn, Washington, legally described as follows: A PORTION OF THE WEST HALF OF THE SOUTHEAST Page 15 of 54 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 2 of 5 QUARETER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF 130TH AVENUE SOUTHEAST, BEING A RIGHT OF WAY 30 FEET IN WIDTH ACCORDING TO THE PLAT OF VINTAGE HILLS DIVISION V, AS RECORDED IN VOLUME 199 OF PLATS AT PAGES 94-98, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE SOUTHERLY MARGIN OF SOUTHEAST 302ND PLAVE AND LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET. CONTINING 12,490 SQUARE FEET MORE OR LESS. [Also identified as Exhibit “A”.] and shown on the survey, a copy of which is attached, marked Exhibit “B”, is vacated and the property lying in the right-of-way described, shall inure and belong to those persons entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the following; A. Reservation in favor of the City a perpetual Nonexclusive Easement under, over, through and across the vacated right-of-way as described above for the purpose of laying, maintaining, and installing future and existing water facilities, including a reservation in favor of the City of the right to grant easements for utilities over, under and on all portions of the vacated right -of-way described above. The City shall have the absolute right, at times as may be necessary for immediate entry upon the Easement Area for the purpose of maintenance, inspection, Page 16 of 54 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 3 of 5 construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. The City shall have the absolute right to place any type of driving surface within the Easement Area deemed necessary by the City. The owners of the adjacent property agree that they shall not in any way block, restrict or impede access and egress to or from the Easement Area, or in any way block, restrict or impede full use of the real property within the Easement Area by the City for the above-described purposes. No building, wall, rockery, fence, trees, of structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of the Easement Area, without the express written consent of the City. No excavation shall be made within three feet of the facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. This easement shall be a covenant running with the adjacent property parcels and shall burden the real estate, and shall be binding on the successors, heirs and assigns of all parties. B. Under the terms of the reservation set out in Paragraph A above and i n accordance with RCW 35.79.030, the City grants a private utility easement to Puget Sound Energy over, under, and upon th e vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal Page 17 of 54 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 4 of 5 of electric distribution facilities. The owners of the adjacent property shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantees’ rights. C. The utility and access easements as set out in Paragraphs A and B above, may be modified to accommodate a removal, relocation and sitting of the affected utility lines if the City and the property owners on whose property the utility lines are located agree to the removal, relocations and sitting being paid by the property owners and with the removal, relocation and sitting being done in conformity with applicable standards. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance will take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Page 18 of 54 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 5 of 5 Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. INTRODUCED: _________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: __________________________ Shawn Campbell, City Clerk APPROVED AS TO FORM: __________________________ Steven L. Gross, City Attorney PUBLISHED: _______________ Page 19 of 54 EXHIBIT A 130th AVE SE RIGHT OF WAY VACATION LEGAL DESCRIPTION EXHIBIT A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF 130TH AVENUE SOUTHEAST, BEING A RIGHT OF WAY 30 FEET IN WIDTH ACCORDING TO THE PLAT OF VINTAGE HILLS DIVISION V, AS RECORDED IN VOLUME 199 OF PLATS AT PAGES 94-98, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE SOUTHERLY MARGIN OF SOUTHEAST 302ND PLACE AND LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET. CONTAINING 12,490 SQUARE FEET MORE OR LESS. Page 20 of 54 EXHIBIT "B" 130TH AVE SE RIGHT OF WAY VACATION DEPICTION EXHIBIT 44101, ipaedVawm.,I,aW,A.4.".;VANWAI 11111141111111Pi:4 410 • VINATACE HILLS DIV. V VOL 199, PGS 94-98 LOT 21 30' VACATED ROW 12,490 SF 1--- T. - - -I 1 I APN 04210590053 1 1 I __I 1 T APN 04210590063 g • - APN 04210590015 GRAPHIC GRAPHIC SCALE 0 50 100 200 FEET 1" = 100 FEET THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL. SOUTHEAST 304TH STREET pm OE \ —Fail AMP JOB NO. 2180950 May 6, 2019 RIGHT OF WAY VACATION LEGAL BY: TD EXHIBIT BY: TD w: \sclakproj \ 2018 \ 2180950 \130th vocatIon.dwg 2215 North 30th Street, Suite 300, Tacoma, WA 98403 253.383.2422 TEL 253.383,2572 FAX VINATAGE HILLS DIV. V VOL 199, PGS 94-98 SOUTHEAST 302ND PL 9 8 - ZO C Page 21 of 54 1 of 2 8/27/2019 V2-19 Staff Report RIGHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number V2-19 Applicant: Auburn School District Property Location: Rights-of-Way of 130th Avenue SE between SE 304th Street and SE 302nd Place. Description of right-of-way: This ROW proposed for vacation consists the unopened 30 foot right-of-way of 130th Avenue SE between SE 304th Street and SE 302nd Place. The ROW is adjacent to Parcel No. 0421059063 and 8946700210 on the west side and Parcel No. 0421059015 on the east side. The Auburn School District owns Parcel No. 0421059063 and 0421059015 and is in the process of acquiring Parcel No. 8946700210l. It is bordered on the north and south by right-of-way. The total area of ROW proposed for vacation is 12,490 (+/-) square feet. The unopened 30 foot ROW of 130th Avenue SE was dedicated to the City for street purposes by the plat of Vintage Hills Division V on May 8, 2001 and recorded in Vol 199 of Plats, Page 94-98, Recording No. 20010508001335 records of King County. See Exhibits “A” and “B” for legal description and map. Proposal: The Applicant proposes to vacate the above described rights-of-way and incorporate it into development of the adjacent parcels for construction of a new school. Applicable Policies & Regulations: • RCW’s applicable to this situation - meets requirements of RCW 35.79. • MUTCD standards - not affected by this proposal. • City Code or Ordinances - meets requirements of ACC 12.48. • Comprehensive Plan Policy - not affected. • City Zoning Code - not affected. Public Benefit: • The street vacation decreases the right-of-way maintenance obligation of the City. • The vacated area may be subject to property taxes. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff. 1. Puget Sound Energy (PSE) – PSE currently has overhead electric facilities in the proposed vacation area. Please reserve easements for PSE in the vacation ordinance. 2. Comcast – Comcast has no objection to the proposed vacation. 3. CenturyLink – No Comments received. 4. Water – The City has an 8” water main in that location. The School District will need to replace this line with a larger one and the location will likely change, but an easement will be required for the existing line until such time as a new line and new easements are in place. 5. Sewer – Sewer does not have any facilities in the vacation area. 6. Storm –No comments. 7. Transportation – No comments. 8. Planning – No comments. 9. Fire – No comments. Page 22 of 54 2 of 2 8/27/2019 V2-16 Staff Report 10. Police – No comments. 11. Streets – No comments. 12. Construction –No comments. 13. Innovation and Technology – No comments. Assessed Value: ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portions thereof were acquired at public expense or have been part of a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city’s expense.” Note: The city engineer has not required an appraisal for the value of this right-of-way since the right-of-way was originally acquired through dedication of a Plat at no cost to the City and the ROW has never been opened for public use. Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. A public utility easement shall be reserved for Puget Sound Energy electrical facilities along the entire length and width of the vacated ROW. 2. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and width of the vacated ROW. 3. Staff recommends that compensation for the value of the right-of-way not be required since the right-of- way was originally acquired through dedication of a Plat at no cost to the City and it has never been opened for public or street use or maintained by the City. Page 23 of 54 377.8 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet377.8188.90 1:2,267 ROW Vacation #V2-19 Auburn School District - 130th Ave SE 1in =189 ft 8/13/2019Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Page 24 of 54 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6734 (Thomas) (15 Minutes) Date: September 17, 2019 Department: City Council Attachments: ORD 6734 SCORE ILA SCORE Amended and Restated Interlocal Agreement Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Schedule Ordinance 6734 for City Council Action on October 7, 2019. Background Summary: On February 25, 2009 the City of Auburn entered into an interlocal agreement with the Cities of Renton, Federal Way, Tukwila, Burien, SeaTac, and Des Moines (“host city”) to form and operate the South Correctional Entity (SCORE) for jail services. Subsequently, $86,235,000 in bonds were issued to construct the new correctional facility. Each of the cities in the interlocal agreement pledged their City’s full faith and credit for the bonds issued, based on their relative “ownership” of the facility, which was a calculation based on estimated average daily inmate population. On September 26, 2018, the City of Federal Way submitted to SCORE’s Administrative Board, their letter of intent to withdraw ownership status. As a result, the City of Federal Way will need to issue bonds to pay off their portion of the outstanding debt service (17%) from the 2009 SCORE bonds issued. At the same time, there is an opportunity for the remaining six owner cities to refund their portion of the outstanding debt service and realize interest savings. The City of Auburn’s ownership allocation increases from 31% to 34.94% with the City of Federal Way’s withdrawal, and while this means a larger ownership of the remaining debt service, the interest savings from a refunding will actually result in a smaller annual debt service obligation. The purpose of this ordinance is to approve the amended interlocal agreement between the Cities of Auburn, Renton, Tukwila, Des Moines, Burien and SeaTac. The amended interlocal has two primary revisions: 1. Removes the City of Federal Way as an owner City and reallocates the remaining owner city percentages among the six remaining cities, and 2. Authorizes an amount, not to exceed $56,000,000 in principal amount, to refund the current outstanding 2009 bonds. There are also few housekeeping items in the amended interlocal that include: removing the City of Des Moines as a host city and making them an owner city, more clearly defines the Finance Committee’s role in the operations of SCORE, and miscellaneous language edits for better clarity. Rev iewed by Council Committees: Page 25 of 54 Councilmember:Staff:Thomas Meeting Date:September 23, 2019 Item Number: Page 26 of 54 Ordinance No 6734 September 23, 2019 Page 1 of 5 ORDINANCE NO.6734 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATED TO THE SOUTH CORRECTIONAL ENTITY; AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED INTERLOCAL AGREEMENT RELATING TO THE; APPROVING THE CITY’S CAPITAL CONTRIBUTION RELATED TO REFUNDING BONDS TO BE ISSUED TO REFINANCE THE SOUTH CORRECTIONAL ENTITY FACILITY; AND APPROVING OTHER MATTERS RELATED THERETO. WHEREAS, the City of Auburn, 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 6224 adopted by the City Council on January 20, 2009, and chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into a SCORE Interlocal Agreement with the other parties dated February 25, 2009 and subsequently amended and restated on October 1, 2009 by Ordinance 6260 (as amended and restated, the “Original Interlocal Agreement”), to form a separate governmental administrative agency known as the South Correctional Entity (“SCORE”); and WHEREAS, the South Correctional Entity Facility Public Development Authority (the “Authority”), a public corporation chartered by the City of Renton, pursuant to RCW 35.21.730 through 35.21.757, issued its Bonds, Series 2009A (the “2009A Bonds”) and Bonds, Series 2009B (Taxable Build America Bonds—Direct Payment) (the “2009B Bonds,” and together with the 2009A Bonds, the “2009 Bonds”) on November 4, 2009, in the aggregate principal amount of $86,235,000; and WHEREAS, proceeds of the 2009 Bonds were used to finance a portion of the costs of acquiring, constructing, developing, equipping and improving a regional misdemeanant correctional facility located in Des Moines, Washington (the “SCORE Facility”), operated by SCORE; and WHEREAS, pursuant to an ordinance adopted by the City Council, the City pledged its full faith and credit toward the payment of its allocable proportion of the debt service due on the 2009 Bonds issued by the Authority; and WHEREAS, the 2009 Bonds are subject to defeasance and/or redemption prior to their stated maturity dates; and WHEREAS, after due consideration it appears to the Board of Directors of the Authority that the 2009 Bonds may be defeased and/or redeemed prior to maturity by proceeds of refunding bonds (the “Refunding Bonds”) and other legally available funds for overall debt service savings; and Page 27 of 54 Ordinance No 6734 September 23, 2019 Page 2 of 5 WHEREAS, the City now desires to pledge its full faith and credit to the City’s allocable portion of the Refunding Bonds and to amend and restate the Original Interlocal Agreement to provide for such refunding and other matters as provided herein; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Definitions. Terms defined in the recitals of this resolution are incorporated as if fully set forth herein. Terms not otherwise defined in this resolution shall have the meanings set forth in the Interlocal Agreement (defined in Section 2). Section 2. Approval of Interlocal Agreement. The City approves the Amended and Restated SCORE Interlocal Agreement substantially in the form attached as Exhibit A (the “Interlocal Agreement”). The Mayor is authorized and directed to execute the Interlocal Agreement. On the Effective Date, the Interlocal Agreement shall amend and restate, in its entirety, the Original Interlocal Agreement. The Mayor is designated, together with the Mayor’s designee, as the “Designated Representative” for purposes of the Interlocal Agreement. The Interlocal Agreement may be further amended from time to time as provided in the Interlocal Agreement. Section 3. City Contributions. The Authority has proposed to issue one or more series of refunding bonds (the “Refunding Bonds”), the proceeds of which will be used, together with other legally available funds, to refund the outstanding 2009 Bonds for overall debt service savings. The City irrevocably covenants and agrees to pay its capital contribution in the percentage provided for in the Interlocal Agreement, which is equal to the City’s allocated owner percentage as shown in the following chart (the “Owner Percentage”), to pay debt service on the Refunding Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Refunding Bonds (the “Capital Contribution”). The Owner Percentage allocated to the City is as follows: Owner City Owner Percentage Auburn 34.94% Renton 40.96 Tukwila 9.64 Des Moines 6.02 Burien 4.82 SeaTac 3.62 Total 100.00% Page 28 of 54 Ordinance No 6734 September 23, 2019 Page 3 of 5 The authorization contained in this ordinance is conditioned on the issuance of Refunding Bonds not exceeding the aggregate principal amount of $56,000,000 without obtaining additional Council approval. The City recognizes that it is not obligated to pay the Capital Contribution of any other Member City; the Capital Contribution of the City shall be limited to its O share of those obligations; all payments will be made by the City without regard to the payment or lack of payment by any other jurisdiction; and the City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. The City’s obligation to pay its Capital Contribution will be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided to cities without a vote of the qualified electors on all of the taxable property within the City and other sources of revenues available for payment. The City obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as any Refunding Bonds issued by the Authority remain outstanding. All payments with respect to the Refunding Bonds shall be made to SCORE in its capacity as administrator and servicer of the Refunding Bonds to be issued by the Authority. Section 4. General Authorization; Ratification. The Mayor or designee are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Interlocal Agreement, the issuance of the Refunding Bonds by the Authority, and to execute all closing certificates, agreements, contracts and documents required to effect the closing and delivery of each series of the Refunding Bonds, the implementation of the Interlocal Agreement, and the withdrawal of Federal Way as a Member City of SCORE effective December 31, 2019. These documents may include, but are not limited to, an undertaking to provide ongoing disclosure in connection with Securities and Exchange Commission Rule 15c2- 12 (the “Rule) under the Securities Exchange Act of 1934, as amended; any disclosure documents delivered for purposes of the Rule in connection with the issuance of the Refunding Bonds and pertaining to the City; and documents regarding to the status of any Refunding Bonds issued on a tax-exempt basis under the Internal Revenue Code of 1986, as amended. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Page 29 of 54 Ordinance No 6734 September 23, 2019 Page 4 of 5 Section 5. Effective Date of Ordinance. This Ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. INTRODUCED: PASSED: APPROVED: ________________________________ Nancy Backus, Mayor ATTEST: __________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: __________________________ Steven L. Gross, City Attorney PUBLISHED: ______________ Page 30 of 54 -5- 10006 99999 if13fp42k7 EXHIBIT A Form of Amended and Restated SCORE Interlocal Agreement (attached) Page 31 of 54 AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT among CITY OF AUBURN, CITY OF BURIEN, CITY OF DES MOINES, CITY OF RENTON, CITY OF SEATAC, AND CITY OF TUKWILA, WASHINGTON Dated as of ___________, 2019 Page 32 of 54 -i- TABLE OF CONTENTS Page Section 1. Definitions............................................................................................................... 1 Section 2. SCORE Facility; Authority ..................................................................................... 3 Section 3. Duration of Agreement ........................................................................................... 5 Section 4. Withdrawal and Termination .................................................................................. 5 Section 5. Administrative Board .............................................................................................. 7 Section 6. Operations Board; Finance Committee; Other Committees ................................... 8 Section 7. Facility Director ...................................................................................................... 9 Section 8. Personnel Policies ................................................................................................... 9 Section 9. Budget, Policies and Operations ........................................................................... 10 Section 10. Contracts and Support Services ............................................................................ 10 Section 11. Policy and System Evaluation .............................................................................. 10 Section 12. Additional Services Authorized ............................................................................ 11 Section 13. Inventory and Property ......................................................................................... 11 Section 14. Local Control ........................................................................................................ 11 Section 15. SCORE Facility Financing and Construction; SCORE Facility Public Development Authority ........................................................................................ 11 Section 16. Compliance with Continuing Disclosure Requirements ....................................... 15 Section 17. Miscellaneous ....................................................................................................... 15 Section 18. Severability ........................................................................................................... 16 Section 19. Effective Date; Amend and Replace Original Interlocal Agreement ................... 16 Section 20. Federal Way Refunding Bonds; Agreement Between SCORE and Federal Way 16 Section 21. Termination of Host City Agreement ................................................................... 16 Section 22. Execution and Amendment ................................................................................... 17 Section 23. Third Party Beneficiaries ...................................................................................... 17 Section 24. Hold Harmless ...................................................................................................... 17 Section 25. Counterparts .......................................................................................................... 18 Page 33 of 54 AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT is effective as of the date written below and is by and among the Cities of Auburn, Burien, Des Moines, Renton, SeaTac and Tukwila, Washington, all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS, the Member Cities (as defined herein) are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, in 2009 the Member Cities formed a separate governmental administrative agency pursuant to an interlocal agreement and RCW 39.34.030(3) known as the South Correctional Entity (“SCORE”) to establish and maintain a consolidated correctional facility to be located in the City of Des Moines (the “SCORE Facility”) to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities now desire to amend and restate the formation interlocal agreement as provided herein; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: Section 1. Definitions. Capitalized terms used in this SCORE Interlocal Agreement shall have the meanings given such terms in the recitals hereof and as follows: “Administrative Board” means the governing board of SCORE created pursuant to Section 5 of this SCORE Interlocal Agreement. “Bonds” mean bonds, notes or other evidences of borrowing issued by the SCORE Facility Public Development Authority to finance and/or refinance the SCORE Facility and for any other SCORE purpose. “Budget” means the budget prepared by the Facility Director in consultation with the Operations Board, and submitted to the Administration Board for its approval in accordance with Section 5 and Section 9 of this SCORE Interlocal Agreement, which budget shall set forth (a) an estimate of the costs of capital improvements required to be Page 34 of 54 2 made to the SCORE Facility within the applicable year, (b) on a line item basis, all anticipated revenues and expenses for the operation and maintenance of the SCORE Facility for the applicable year, and (c) any information required by policies adopted by the Administrative Board pursuant to Section 9(b) of this SCORE Interlocal Agreement. “Capital Contribution” means, for each Owner City, that Owner City’s Owner Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payable. “Code” means the Internal Revenue Code of 1986, as amended. “Costs of Maintenance and Operation” means all reasonable expenses incurred by SCORE in causing the SCORE Facility to be operated and maintained in good repair, working order and condition, and all costs of administering SCORE. “Designated Representative” means the Mayor or the City Manager, as selected by each Member City, or his or her designee. “Effective Date” has the meaning set forth in Section 19 of this Agreement. “Facility Director” means the director of the SCORE Facility selected by the Administrative Board pursuant to Section 7 of this SCORE Interlocal Agreement. “Finance Committee” means the committee formed pursuant to Section 6 of this SCORE Interlocal Agreement. “Host City” means the City of Des Moines, Washington. “Host City Agreement” means the Host City Agreement among the cities of Renton, Federal Way, Auburn and Des Moines and SCORE dated as of October 1, 2009. “Member Cities” mean the Owner Cities and, until the date provided for in Section 20, the City of Federal Way. “Operations Board” means the board formed pursuant to Section 6 of this SCORE Interlocal Agreement. “Owner Cities” mean the Cities of Auburn, Burien, Des Moines, Renton, SeaTac and Tukwila, Washington. Page 35 of 54 3 “Owner Percentage” means the percentage assigned to each Owner City, as follows: Owner City Owner Percentage Auburn 34.94% Renton 40.96 Tukwila 9.64 Des Moines 6.02 Burien 4.82 SeaTac 3.62 Total 100.00% “Presiding Officer” means the member of the Administrative Board selected pursuant to Section 5 of this SCORE Interlocal Agreement. “SCORE” means the governmental administrative agency established pursuant to RCW 39.34.030(3) by the Member Cities. “SCORE Facility” means the consolidated correctional facility acquired, constructed, improved, equipped, maintained and operated by SCORE. “SCORE Facility Public Development Authority” means the South Correctional Entity Facility Public Development Authority chartered by the City of Renton, Washington. “SCORE Interlocal Agreement” or “SCORE Formation Interlocal Agreement” means this Amended and Restated SCORE Interlocal Agreement among the Member Cities, as amended from time to time. “Subscribing Agencies” mean the federal and state agencies, municipal corporations, and other local governments, other than the Member Cities, that contract with SCORE for correctional services at the SCORE Facility pursuant to the terms of this SCORE Interlocal Agreement. “2009 SCORE Bonds” mean the SCORE Facility Public Development Authority Bonds, Series 2009A and Bonds, Series 2009B (Taxable Build America Bonds—Direct Payment) issued on November 4, 2009, in the aggregate principal amount of $86,235,000. 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 consist of the Member Cities. Page 36 of 54 4 (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility known as the “SCORE Facility” and to provide correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve the Member Cities and Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. (c) Administrative Board. The affairs of SCORE shall be governed by the Administrative Board formed pursuant to Section 5 of this SCORE Interlocal Agreement. The Administrative Board shall have the authority to: (1) Recommend action to the legislative bodies of the Member Cities; (2) Approve the Budget, adopt financial policies and approve expenditures; (3) Establish policies for investing funds and incurring expenditures of Budget items for the SCORE Facility; (4) Review and adopt a personnel policy for the SCORE Facility; (5) Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; (6) Conduct regular meetings as may be designated by the Administrative Board; (7) Determine what services shall be offered at the SCORE Facility pursuant to the powers of SCORE and under what terms they shall be offered; (8) Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this SCORE Interlocal Agreement; (9) Establish rates for services provided to members, subscribers or participating agencies; (10) Direct and supervise the activities of the Operations Board and the Facility Director; (11) Enter into an agreement with a public corporation or otherwise to incur debt; (12) Make purchases or contract for services necessary to fully implement the purposes of this SCORE Interlocal Agreement; Page 37 of 54 5 (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 Interlocal Agreement; (21) Establish policies and procedures for adding new parties to this SCORE Interlocal Agreement; and (22) Engage in any and all other acts necessary to further the goals of this SCORE Interlocal Agreement. Section 3. Duration of Agreement. The initial duration of this SCORE Interlocal Agreement (commencing from February 25, 2009, the date of the original interlocal agreement relating to SCORE) shall be for a period of ten (10) years and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this SCORE Interlocal Agreement. Notwithstanding the foregoing, this SCORE Interlocal Agreement shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority as provided in Section 15 of this SCORE 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 Interlocal Agreement by providing written notice and serving that notice on the other Member Cities on or before Page 38 of 54 6 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 Interlocal Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this SCORE Interlocal Agreement. Upon the final termination date, this SCORE Interlocal Agreement shall be fully terminated. (c) Subject to Section 4(g) below, in the event any Member City fails to budget for or provide its applicable annual funding requirements for SCORE as provided in Section 15 hereof, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this SCORE Interlocal Agreement and to have forfeited all its rights under this SCORE Interlocal Agreement as provided in Section 4(e). The remaining Member Cities may, at their option, withdraw SCORE’s correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any termination notice. (e) If an individual Owner City withdraws its membership in SCORE, the withdrawing City will forfeit any and all rights it may have to SCORE’s real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (f) Upon termination of this SCORE Interlocal Agreement, all property acquired during the life of this SCORE Interlocal Agreement shall be disposed of in the following manner: (1) All real and personal property acquired pursuant to this SCORE Interlocal Agreement shall be distributed to the Owner Cities based on the Owner Percentages; and (2) All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the termination date of those Member Cities still existing on the day prior to the termination date. (g) Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 4, the withdrawal of any Owner City from this SCORE Page 39 of 54 7 Interlocal Agreement shall not discharge or relieve the Owner City that has withdrawn pursuant to Section 4(a) or been terminated pursuant to Section 4(c) of its obligation to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. An Owner City may be relieved of its obligation under this SCORE Interlocal Agreement to make payments with respect to its Capital Contribution if the Administrative Board, by supermajority vote (majority plus one), authorizes such relief based on a finding that such payments are not required to pay debt service on Bonds issued by the SCORE Facility Public Development Authority. Section 5. Administrative Board. (a) Formation. An Administrative Board composed of the Designated Representative from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. (c) Voting Requirements. Votes regarding (1) debt; (2) approval of the Budget; (3) employment of the Facility Director; (4) cost allocations made prior to the issuance of Bonds; and (5) approval of labor contracts, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in the SCORE Facility for the 12- month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies) of the preceding year. Votes regarding (1) the conveyance of real property; (2) the addition of additional services pursuant to this SCORE Interlocal Agreement not directly incidental to correctional services (such as providing court services); and (3) matters addressed in Sections 4(b) and (g) and Section 15(d)(2)(iv) of this SCORE Interlocal Agreement, shall require an affirmative vote of a supermajority (majority plus one) of the Member Cities. (d) Parliamentary Authority. Unless otherwise provided, Robert’s Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrative Board. (e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its members, together with such other officers as a majority of the Administrative Board may determine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control of the business and affairs of SCORE. On matters decided by the Administrative Board, the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year. Unless otherwise designated by the Presiding Officer, the first Page 40 of 54 8 meeting shall be held on the second Tuesday of February of each year to review the prior years’ 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. Prior to January 1, 2020, five (5) members, and from and after January 1, 2020, four (4) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of the Administrative Board and the SCORE Facility’s general operations. (h) Administrative Board Review. A general or particular authorization or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. Section 6. Operations Board; Finance Committee; Other Committees. (a) Operations Board. There is established an Operations Board which shall be advisory to the Facility Director, staff and Administrative Board on operational matters of SCORE. The Administrative Board shall establish the specific purpose and duties of the Operations Board. The Operations Board shall consist of up to nine (9) members selected as provided in this paragraph. One (1) member shall be designated by each of the Member Cities, and up to three (3) at-large members shall be selected, by majority vote, by the Subscribing Agencies to represent the police departments of the Subscribing Agencies. At the time set for election of the at-large members, only the representatives of the Subscribing Agencies, then in attendance, will participate in the election. The Member Cities’ Operations Board representatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless otherwise determined by majority vote of the Operations Board. Each member of the Operations Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws and/or procedures that govern its operations. The Operations Board shall elect a presiding officer from its members and shall determine the time and place of its meetings. All meetings shall be open to the public if and to the extent required by chapter 42.30 RCW. Page 41 of 54 9 (b) Finance Committee. There is established a Finance Committee, which shall be advisory to the Facility Director, staff and Administrative Board on finance matters of SCORE. The Administrative Board shall establish the specific purpose and duties of the Finance Committee. The Finance Committee shall consist of the finance directors or managers of each of the Member Cities. Each member of the Finance Committee shall have an equal vote in all Finance Committee decisions. The Finance Committee shall be authorized to establish bylaws and/or procedures that govern its operations. The Finance Committee shall elect a presiding officer from its members and shall determine the time and place of its meetings. All meetings shall be open to the public if and to the extent required by chapter 42.30 RCW. (c) Standing or Temporary Committees. The Administrative Board may, from time to time, establish permanent and/or temporary committees to assist in its operations and operations of the SCORE Facility. Section 7. Facility Director. Day to day operations of SCORE and the SCORE Facility shall be administered by a Facility Director, who shall be appointed by the Administrative Board after receiving the recommendation of the Operations Board. The Administrative Board may accept or reject the Operations Board recommendation. Such Facility Director shall be responsible to the Administrative Board, shall develop the Budget in consultation with the Operations Board and shall take other appropriate means in order to fully implement the purposes of this SCORE Interlocal Agreement. The Facility Director shall administer SCORE and the SCORE Facility in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Facility Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. Section 8. Personnel Policies. (a) The Operations Board shall from time to time submit proposed personnel policies or proposed amendments to existing personnel policies to the Administrative Board for their approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b) Such personnel policies shall provide for the initial appointment to the SCORE Facility’s staff from the personnel presently, permanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Facility Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. Page 42 of 54 10 Section 9. Budget, Policies and Operations. (a) The Facility Director shall distribute a proposed Budget to the Operations Board on or before August 1 of each year, which Budget, including any amendments by the Operations Board thereto, 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 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 party to this SCORE Interlocal Agreement. (c) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this SCORE Interlocal Agreement. Section 10. Contracts and Support Services. (a) The Administrative Board (or the Operations Board or the Facility Director, if so designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Facility Director for the SCORE Facility. (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. Section 11. Policy and System Evaluation. The Facility Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Facility Director shall present his or her recommendations to the Operations Page 43 of 54 11 Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval of the Administrative Board. Section 12. Additional Services Authorized. The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. Section 13. Inventory and Property. (a) Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE’s use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b) The Facility Director shall, at the time of preparing the proposed Budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributed in accordance with Section 4(f) above. (c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supermajority vote (majority plus one) of the Administrative Board. Section 14. Local Control. Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. Section 15. SCORE Facility Financing and Construction; SCORE Facility Public Development Authority. (a) SCORE Facility. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE has and/or shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is currently located in the City of Des Moines, Washington. Page 44 of 54 12 (b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development, improvement and maintenance of the SCORE Facility. These contracts may include, without limitation, contracts for architectural design and engineering, project management services, real estate acquisition, and construction. (c) SCORE Facility Public Development Authority. In order to finance and refinance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has chartered the SCORE Facility Public Development Authority. The purpose of the SCORE Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition, construction, improvement and equipping of the SCORE Facility and for any other SCORE purpose. The Administrative Board shall serve ex officio as the Board of Directors of the SCORE Facility Public Development Authority as further provided in the Authority’s organizational charter. Upon issuance of Bonds by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs of the SCORE Facility Public Development Authority. (d) SCORE Facility Financing. (1) Capital Contributions. Each Owner City shall be obligated to pay an amount equal to its Capital Contribution without regard to the payment or lack thereof by any other Owner City. No Owner City shall be obligated to pay the Capital Contribution of any other Owner City, and each Owner City shall be obligated to budget for and pay its Capital Contribution. The obligation of each Owner City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Owner City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Owner City on all of the taxable property within the Owner City and other sources of revenues available therefor. Each Owner City has or will set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding, unless relieved of such payment in accordance with Section 4(g). Each Owner City’s obligation to pay the Capital Contribution shall not be contingent on the receipt of any revenues from other sources, including but not limited to Subscribing Agencies or any Member Cities. An Owner City may prepay its Capital Contribution in a manner that is consistent with the authorizing documents for the Bonds; provided, however, that any such prepayment of one or more Owner Cities shall not affect the Capital Contribution of the Page 45 of 54 13 remaining Owner Cities. Any Owner City that elects to prepay its Capital Contribution shall be responsible for paying all costs associated with such prepayment. (2) Costs of Maintenance and Operation. Subject to the terms of the financial policies established by the Administrative Board, each Member City shall be obligated to pay its allocable portion of Costs of Maintenance and Operation of the SCORE Facility, including any debt issued to finance such costs, as determined in this subsection. (i) Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31, 2012), the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation in such year shall be equal to the Member City’s 2007 average daily population in all correctional facilities (as provided in the SCORE financial policies) multiplied by the Costs of Maintenance and Operation. (ii) Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City’s average daily population in the SCORE Facility, as supplemented as necessary with the average daily population allocable to the Member Cities in all correctional facilities, for the 12-month period ending June 30 of the preceding year. (iii) Commencing with the third calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City’s average daily population in the SCORE Facility for the 12-month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies) of the preceding year. (iv) Commencing with the calendar year beginning January 1, 2020, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall either (A) be based on the Member City’s average daily population in the SCORE Facility for the 12-month period ending June 30 (or other such date as the Administrative Board shall determine as set forth in its financial policies) of the preceding year, or (B) be based on the methodology approved by an affirmative vote of a supermajority (majority plus one) of the Member Cities. (e) Billing and Allocation of Revenues. Each Member City shall be billed for its Capital Contribution and its portion of Costs of Maintenance and Operation, as applicable, on a semiannual basis, or more frequently as determined by the Administrative Board, calculated as provided above. Revenues received in a calendar year from Page 46 of 54 14 Subscribing Agencies or from sources other than the contributions described above shall be allocated among the Member Cities either as set forth in the SCORE financial policies or as follows: (i) each Member City shall receive a credit against its obligation to pay Costs of Maintenance and Operation based on that Member City’s proportional average daily population as calculated as provided above, and (ii) each Owner City shall receive a credit against its Capital Contribution based on that Owner City’s proportional 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 operate the SCORE Facility Public Development Authority within the corporate limits of the City of Des Moines in a manner consistent with the terms of this SCORE Interlocal Agreement. (g) Tax-Exemption. The Member Cities shall not (1) make any use of the proceeds from the sale of Bonds issued on a tax-exempt basis or any other money or obligations of the SCORE Facility Public Development Authority or the Member Cities that may be deemed to be proceeds of such Bonds pursuant to Section 148(a) of the Code that will cause such Bonds to be “arbitrage bonds” within the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will cause such Bonds to be considered obligations not described in Section 103(a) of the Code. (h) Additional Financing. Notwithstanding anything to the contrary in this SCORE Interlocal Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the SCORE Facility Public Development Authority or another issuer pursuant a separate agreement between one or more Member Cities and other entities to provide additional financing for the SCORE Facility on terms as agreed upon by the parties thereto. (i) Special Facility Designation. The SCORE Facility, including all equipment, furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety. Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility’s equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is hereby resolved that the established policy of the Member Cities is that the SCORE Facility constitutes a “special facility” under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. Page 47 of 54 15 Section 16. Compliance with Continuing Disclosure Requirements. To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2-12 (the “Rule”), as applicable to a participating underwriter or remarketing agent for the Bonds, each Owner City will enter into an undertaking in a form acceptable at the time to the participating underwriter or remarketing agent, as the case may be. Section 17. Miscellaneous. (a) Interlocal Agreement. The Member Cities agree: (1) This SCORE Interlocal Agreement is intended to create a separate administrative entity within the meaning of RCW 39.34.030(3) and not a “joint board” within the meaning of RCW 39.34.030(4)(a); (2) The Designated Representative of each Member City is appointed as the “administrator” within the meaning of RCW 39.34.030(4)(a) responsible for administering the Member City’s rights and duties set forth in this SCORE Interlocal Agreement; and (3) The Parties will file or post this Agreement as required by RCW 39.34.040. (b) Governing Law. This SCORE Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If any dispute arises between the Member Cities under any of the provisions of this SCORE Interlocal Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. (c) Non-Waiver of Breach. The failure of any Member City to insist upon strict performance of any provision of this SCORE Interlocal Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this SCORE Interlocal Agreement. (d) Compliance with all Laws. SCORE and the Member Cities shall comply with all federal, state and local laws, rules, regulations, resolutions and ordinances applicable to the performance of this SCORE Interlocal Agreement. (e) Continuation of Performance. In the event that any dispute or conflict arises between the Member Cities while this SCORE Interlocal Agreement is in effect, the Member Cities hereto agree that, notwithstanding such dispute or conflict, they shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Page 48 of 54 16 Section 18. Severability. If any part, paragraph, section or provision of this SCORE Interlocal Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this SCORE Interlocal Agreement. Section 19. Effective Date; Amend and Replace Original Interlocal Agreement. This SCORE Interlocal Agreement shall become effective on ______________, 2019, the date of defeasance (the “Effective Date”) of all of the outstanding 2009 SCORE Bonds. On the Effective Date, this SCORE Interlocal Agreement shall amend and restate, in its entirety, the Amended and Restated SCORE Interlocal Agreement effective October 1, 2009. Section 20. Federal Way Refunding Bonds; Agreement Between SCORE and Federal Way. The City of Federal Way (“Federal Way”) and SCORE will enter into an agreement (the “SCORE/Federal Way Agreement”) to be dated the date of defeasance of all of the outstanding 2009 SCORE Bonds. Pursuant to the SCORE/Federal Way Agreement: (a) Federal Way acknowledges that the parties hereto will enter into this SCORE Interlocal Agreement; (b) until the effective date of its withdrawal from SCORE (December 31, 2019), Federal Way will be considered a “Member City” for purposes of this SCORE Interlocal Agreement, but shall not be considered an “Owner City” and shall not in any way be responsible for paying any share of any Bonds or other debt obligations of SCORE or the SCORE Facility Public Development Authority; (c) Federal Way agrees to issue bonds and to use the proceeds thereof to repay its capital contribution with respect to the 2009 SCORE Bonds (the “Federal Way Refunding Bonds”); and (d) for as long as the Federal Way Refunding Bonds, and any bonds issued to refund such bonds, issued on a tax-exempt basis are outstanding (which as of their date of issuance are scheduled to mature on January 1, 2039), SCORE covenants that it will not provide to nongovernmental persons special legal entitlements to use the SCORE Facility in a manner that will adversely impact the tax-exempt status of any such bonds. SCORE shall monitor the use of the SCORE Facility to ensure that it complies with the terms of the SCORE/Federal Way Agreement for so long as such Federal Way Refunding Bonds, or any bonds issued to refund such bonds, are outstanding. The parties hereto approve SCORE entering into the SCORE/Federal Way Agreement. Section 21. Termination of Host City Agreement. Pursuant to Section 5 of the Host City Agreement, the parties hereto agree that the Host City Agreement shall terminate as of the Effective Date of this SCORE Interlocal Page 49 of 54 17 Agreement. As of the Effective Date of this SCORE Interlocal Agreement, Des Moines shall be an Owner City of SCORE with the same rights and privileges as the other Owner Cities as provided herein. Section 22. Execution and Amendment. This SCORE Interlocal Agreement shall be executed on behalf of each party hereto by its Designated Representative, or other authorized officer, and pursuant to an appropriate motion, resolution or ordinance of such party. This SCORE 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 party hereto and pursuant to an appropriate motion, resolution or ordinance of such party. Notwithstanding the foregoing, so long as the Bonds are outstanding, any such amendment, in the opinion of the SCORE Facility Public Development Authority or its counsel, shall not materially adversely affect the owners of the Bonds or affect the tax-exempt status of the interest paid on the Bonds. Section 23. Third Party Beneficiaries. The SCORE Facility Public Development Authority and the holders from time to time of the Bonds shall be third party beneficiaries hereof and the commitments made in Section 15 herein shall be for their further benefit. Section 24. Hold Harmless. The parties to this SCORE Interlocal Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this SCORE Interlocal Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Finance Committee, Facility Director and or staff, while acting within the scope of their authority under this SCORE Interlocal Agreement shall be borne by SCORE exclusively. Page 50 of 54 18 Section 25. Counterparts This SCORE Interlocal Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this SCORE Interlocal Agreement as of the day and year first written above. [execution pages to follow] Page 51 of 54 AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: September 16, 2019 Department: City Council Attachments: Special Focus Area Key Matrix Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:September 23, 2019 Item Number: Page 52 of 54 SPECIAL FOCUS AREAS COMMUNITY WELLNESS FINANCE, TECHNOLOGY, & ECONOMIC DEVELOPMENT PUBLIC WORKS & COMMUNITY DEVELOPMENT MUNICIPAL SERVICES PUBLIC HEALTH AND WELLNESS COMMUNITY & NEIGHBORHOOD SERVICES HOMELESSNESS & HOMELESSNESS PREVENTION HOUSING QUALITY, AFFORDABILITY & ATTAINABILITY HUMAN & SOCIAL SERVICES DOMESTIC VIOLENCE SERVICES COMMUNITY EQUITY EQUIPMENT RENTAL FACILITIES INNOVATION & TECHNOLOGY CITY REAL PROPERTY BUSINESS DEVELOPMENT SISTER CITIES INTERNATIONAL UTILITIES TRANSPORTATION SUSTAINABILITY ENVIRONMENTAL PROTECTION CULTURAL ARTS & PUBLIC ARTS PLANNING & ZONING PERMITS & DEVELOPMENT RIGHT OF WAY MANAGEMENT AIRPORT AIRPORT BUSINESS POLICE SCORE JAIL DISTRICT COURT PARKS & RECREATION ANIMAL CONTROL SOLID WASTE ENERGENCY PLANNING MULTIMEDIA CEMETERY Councilmember Trout-Manuel, Chair Councilmember Wales, Chair Councilmember DaCorsi, Chair Councilmember Brown, Chair Councilmember DaCorsi, Vice Chair Councilmember Holman, Vice Chair Councilmember Baggett, Vice Chair Deputy Mayor Peloza, Vice Chair 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES February 11, 2019 February 25, 2019 January 14, 2019 January 28, 2019 April 8, 2019 April 22, 2019 March 11, 2019 March 25, 2019 June 10, 2019 June 24, 2019 May 13, 2019 May 27, 2019 August 12, 2019 August 26, 2019 July 8, 2019 July 22, 2019 October 14, 2019 October 28, 2019 September 9, 2019 September 23, 2019 December 9, 2019 December 23, 2019 November 12, 2019 November 25, 2019 Page 53 of 54 Updated 09-16-2019 NO.TOPIC Chair STAFF LEAD(S)STUDY SESSION REVIEW DATE(S) COUNCIL DISCUSSION SUMMARY ACTION DATE 1 Auburn Avenue Theater Chair DaCorsi Vice Chair Baggett Director Faber 10/14/2019 2 Metro Bus Barn Site Chair DaCorsi Vice Chair Baggett Director Gaub Director Tate TBD 3 Funding Options Chair Wales Vice Chair Holman Director Thomas Ongoing 4 No Smoking or Vaping in City Parks Chair Brown Vice Chair Peloza Chief Pierson Director Faber 10/14/2019 5 2019 Fireworks Update Chair Brown Vice Chair Peloza Chief Pierson 11/25/2019 6 AVHS Board Update Chair Brown Vice Chair Peloza Director Thomas TBD 7 Domestic Violance Update on City of Auburn Activites for Domestic Violance Awanernes Month Chair Trout-Manuel Vice Chair DaCorsi Director Tate TBD 8 Domestic Violance Presentation by outside group Chair Trout-Manuel Vice Chair DaCorsi Councilmember Trout- Manuel 10/7/2019 COUNCIL MATRIX Page 54 of 54