HomeMy WebLinkAboutCity Council Committees - Operations - 12/02/2014 KENT
WASH
1NG�0N Operations Committee Agenda
Council Members: Bill Boyce * Dana Ralph * Les Thomas, Chair
December 2, 2014
4:00 p.m.
Item Description Action Speaker Time Pace
Call to order.
Roll Call.
Changes to the Agenda.
1. Approval of Minutes dated YES 1
November 18, 2014.
2. Approval of Check Summary Reports dated YES
11/01/2014 through 11/15/2014.
3. Agreements between City of Kent and YES T. Brubaker 10 5
Maple Valley for jail and Municipal Court
Use.
4. 2015-2018 Lobbyist Agreement. YES M. Wilmot 5 25
5. Budget Adjustment Ordinance. YES A. BeMiller 5 37
6. Amendment to Public Facilities District YES A. BeMiller 10 39
Contingent Loan and Support Agreement.
Unless otherwise noted,the Operations Committee meets at 4:00 p.m.on the first and third Tuesday of each
month. Council Chambers East, Kent City Hall, 220 4`h Avenue South, Kent,98032-5895. Dates and times are
subject to change. For information please contact Annalise LaPorte at (253)856-5705.
Any person requiring a disability accommodation should contact the City Clerk's Office at(253)856-5725 in
advance.
For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388.
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KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
November 18, 2014
Committee Members Present: Les Thomas, Chair and Dana Ralph. Bill Boyce-Excused Absence
The meeting was called to order by L. Thomas at 4:00 p.m. He noted that B. Boyce had given
prior consent to each item listed below.
1. APPROVAL OF MINUTES DATED OCTOBER 21, 2014.
D. Ralph moved to approve the Operations Committee minutes dated October 21, 2014.
L. Thomas seconded the motion, which passed 2-0.
2. APPROVAL OF CHECK SUMMARY REPORT DATED 10/31/2014.
D. Ralph moved to approve the check summary report dated 10/31/14. L. Thomas seconded
the motion, which passed 2-0.
3. PREMERA BLUE CROSS ADMINISTRATIVE SERVICES CONTRACT.
K. Endicott, a Human Resource Analyst for the City, informed committee members that Premera Blue
Cross is a third party administrator that takes care of the City's PPO network, hospital and doctor visits.
The City has a three-year contract with them and a 0% increase for 2015 and 2016 but a 3% increase
in 2017, making the total increase in administrative fees $510,000.
L. Thomas also mentioned that the City has had this contract with Premera Blue Cross for many years;
consequently it has been discussed many times, which is why it may seem the committee rushed
through discussion.
D. Ralph moved to recommend the Premera Blue Cross Administrative Services Contract be
placed on the City Council Consent Calendar for the December 9, 2014 meeting.
L. Thomas seconded the motion, which passed 2-0.
4. DELTA DENTAL OF WASHINGTON ADMINISTRATIVE SERVICES CONTRACT.
K. Endicott stated that the City has been in contract with Delta Dental of Washington, a third party
administrator, since 2009. The City has a three-year contract with an approximate 8.5% increase in
administrative fees for 2015 and no increase in 2016 and 2017.
D. Ralph moved to recommend the 2015 Delta Dental of Washington Administrative Services
Contract be placed on the City Council Consent Calendar for the
December 9, 2014 meeting. L. Thomas seconded the motion, which passed 2-0.
S. STOP LOSS — INFORMATION ONLY.
B. Fowler, the Benefits Manager with the Human Resources Department, presented a contract with
Lifewise Assurance Company. Anything above $200,000 in claims by an employee in one year is
covered by our Stop Loss carrier. As this contract is about to go out for bid, it will not move forward to
Council in December but will be put in place by January 1, 2015.
D. Ralph clarified that this contract would cover an employee and/or dependents if something
catastrophic happened and the claims they submit for doctor or emergency hospital visits that exceed
$200,000 will be covered.
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6. VISION SERVICE PLAN ADMINISTRATIVE SERVICES CONTRACT.
B. Fowler informed the committee that the contract with Vision Service Plan (VSP) has been extended
to add the year 2017 with no rate increase. She went on to say that she wanted the contracts with
Premera, Delta Dental and VSP to end the same year because the City will be going out with an RFP in
2017. It's better if all contracts are open at the same time.
It was clarified by D. Ralph that with these contracts being open in 2017 the City will be able to better
negotiate once there is clearer understanding of how potential changes can impact the way benefits are
provided with Affordable Healthcare in 2018.
D. Ralph moved to recommend the Vision Service Plan Administrative Services Contract be
placed on the City Council Consent Calendar for the December 9, 2014 meeting.
L. Thomas seconded the motion, which passed 2-0.
7. GROUP HEALTH COOPERATIVE 2015 CONTRACT.
B. Fowler presented the 2015 Group Health Cooperative contract (HMO plan) that is offered to
employees. Currently, there are approximately 46 employees and family members on this plan, which
will see a 2.86% rate increase. Required by law, the City offers two different carriers - Group Health
Cooperative and Premera Blue Cross.
D. Ralph moved to recommend the Group Health Cooperative 2015 Contract be placed on the
City Council Consent Calendar for the December 9, 2014 meeting. L. Thomas seconded the
motion, which passed 2-0.
S. BANKING SERVICES RFP — INFORMATION ONLY.
A. BeMiller, the Finance Director, the City is in the process of drafting a proposal for Banking Services
which is necessary to come up to City Code. For the last 10 years, the City has been operating under an
expired contract. The plan is to have the proposal to go out for bid in mid-January and have a selection
made for Council's consideration in May or early June.
9. RESOLUTION AUTHORIZING INVESTMENT OF AVAILABLE MONIES IN LOCAL
GOVERNMENT INVESTMENT POOL.
A. BeMiller clarified that this is a housekeeping resolution put out by the State to ensure that those who
use the Local Government Investment Pool ("LGIP") understand the rules and how it works. To date,
Kent has $87 million invested in the LGIP with an annual return that varies from 1 to 1.2%. As the City
moves forward there will be an effort to look into other investment options.
D. Ralph moved to recommend approval the adoption of the Resolution Authorizing
Investment of Available Monies in Local Government Investment Pool. L. Thomas seconded
the motion, which passed 2-0.
10. AUGUST FINANCIAL PACKET — INFORMATION ONLY.
It was suggested and agreed upon to skip August and discuss September's Financial Packet.
11. SEPTEMBER FINANCIAL PACKET — INFORMATION ONLY.
A. BeMiller covered the summary of September's Financial Report. Using information available through
September, ending fund balance is estimated to increase by $5.6 million and at the end of the year at
$14.7 million, which includes: General Fund reserves of $11.4 million, or 15.5%, Contingency for
Unanticipated Costs of $1.5 million and $1.8 million restricted for annexation. In addition, there is
currently $424,000 in the Strategic Opportunities Fund.
Overall revenues are currently coming in about $3.3 million, or 4.3% above budget. Sales Tax
continues a steady positive trend, averaging a 4.8% increase over 2013 collections. Year-end projection
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is expected to exceed budget by $1.5 million or 7.2%. Revenue from building Permits and Plan Check
Fees are exceeding projections, currently running nearly $1.3 million above budget, or 32.4%.
Expenditures in all categories, except Cost Allocations, are currently trending about $2.7 million below
budget, or 3.3%. Due to a change in methodology for allocating General Fund, the costs allocated to
other funds and projects has been reduced by $1.5 million. Overall expenditures are expected to end
the year $2.4 million below budget or 3.2%.
12. PUGET SOUND EMERGENCY RADIO NETWORK INTERLOCAL AGREEMENTS.
T. Brubaker, the City Attorney, reported that currently cities in King County use different radio
frequencies to communicate in an emergency. This makes communication difficult with neighboring
cities when there is a regional emergency. This is why there is now a push to create a county wide
network. The bond is projected to be between $225-250 million and will be funded by a Levy Lid Lift
which is expected to go to the voters in April of 2015.
Two agreements were discussed. The first is for the implementation period which is composed of
working with the vendor to construct of the hardware and software to create the network. It is
estimated to take about five years for the network to be operational. The second is the operational
agreement which will determine how the network will be operated once it is created.
The whole operation is contingent upon the vote. If it passes, the bond will pay for new equipment but
once in place, there will be an annual fee paid to ValleyCom.
D. Ralph moved to recommend Council authorize the Mayor to sign the Implementation
Period Interlocal Agreement and the Operational Interlocal Cooperative Agreement for the
Puget Sound Emergency Radio Network Interlocal Agreements. L. Thomas seconded the
motion, which passed 2-0.
The Committee also asked that this topic be placed under Other Business at the Council Meeting.
13. TW TELECOM, INC. APPROVAL OF MERGER ORDINANCE
Recently, the City issued a franchise to tw telecom inc. to extend fiber throughout our streets. They are
merging with a company called Level 3 Communications, Inc. and are requesting approval of this
merger as required by law. T. Brubaker clarified that there are no financial implications to the City.
D. Ralph moved to recommend adoption of an Ordinance acknowledging the merger of tw
telecom inc. and Level 3 Communications, Inc. and approve the resulting indirect change of
control of the tw telecom of washington lic telecommunications. L. Thomas seconded the
motion, which passed 2-0.
The meeting was adjourned at 4:26 p.m. by L. Thomas.
U
v
Annalise LaPorte
Operations Committee Secretary
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LAW DEPARTMENT
Tom Brubaker, City Attorney
�T Phone: 253-856-5770
......... Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: December 2, 2014
TO: Operations Committee
SUBJECT: Interlocal Agreements for Court and Jail Services with Maple Valley
MOTION: Move recommend Council authorize the Mayor to sign the Interlocal
Agreements between the City of Maple Valley and the City of Kent for both Jail
and Municipal Court Services, subject to final terms and conditions acceptable to
the City Attorney.
SUMMARY:
These two Interlocal Agreements continue Maple Valley's use of the City's municipal court
and jail facility. Maple Valley does not own a facility suitable for incarcerating Maple
Valley inmates and it does not have a facility suitable for conducting a municipal court.
Maple Valley has agreed to pay the City a minimum of $175,000 per year for use of the
Municipal Court. If Maple Valley files more than 333 cases during any given month, an
additional $4,000 will be paid to the City.
Maple Valley also will pay the City a minimum of $80,300 per year for guaranteed space
at the jail. Additional fees for booking, additional space and electronic home monitoring,
as required, will be paid by Maple Valley.
Exhibit: Interlocal Agreement for Jail Services
Interlocal Agreement for Municipal Court Services
Budget Impact: Income
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INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MAPLE VALLEY AND THE CITY OF KENT FOR
JAIL SERVICES
THIS AGREEMENT is made and entered into by and between the City of Maple Valley
("Maple Valley"), a municipal corporation in the State of Washington and the City of Kent
("Kent'), a municipal corporation in the state of Washington, collectively the ("Parties").
WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation
Act, Ch. 39.34 RCW; and
WHEREAS, the City of Maple Valley incorporated on August 31, 1997; and
WHEREAS, pursuant to state law, Maple Valley is responsible for the incarceration of
defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor
crimes committed in Maple Valley("Maple Valley Inmates"); and
WHEREAS, Maple Valley does not own a facility suitable for incarcerating Maple
Valley Inmates; and
WHEREAS, Kent, which is located in King County, operates a municipal corrections
facility known as the Kent Corrections Facility("KCF'); and
WHEREAS, Kent is willing to provide for the housing of Maple Valley Inmates pursuant
to this Agreement;
NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is
mutually agreed by and between Maple Valley and Kent as follows:
1. Purpose of Agreement. The purpose of this Agreement is to provide for the incarceration
of Maple Valley Inmates at the KCF; to establish the services that Kent will provide pursuant to
the incarceration of Maple Valley Inmates as well as the responsibilities of Maple Valley; and to
set forth the fees to be paid by Maple Valley for such services.
2. Maple Valley Inmate — Defined. A Maple Valley Inmate shall be a person 18 years of
age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed
in the city limits of Maple Valley.
3. Jail Services Provided. The KCF shall provide the jail services enumerated in Section 3.1
for Maple Valley Inmates. The KCF, through its personnel, shall provide jail services
enumerated herein to Maple Valley at the same level as the KCF provides services to Kent
inmates.
3.1. Guaranteed Space. The KCF shall provide Maple Valley with space for two
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Maple Valley Inmates for each day that this Agreement is effective. These two spaces shall be
referred to as Guaranteed Space. This Guaranteed Space shall be reserved only for Maple
Valley Inmates as that term is defined in this Agreement. Maple Valley shall pay for the
Guaranteed Space whether or not the Guaranteed Space is occupied by Maple Valley Inmates.
Guaranteed Space shall include bed space on the hard-side of the jail, or participation in
electronic home monitoring or another KCF program.
3.2 Additional Space. The KCF may have additional jail space, beyond that reserved
pursuant to the Guaranteed Space, available depending on its jail population, which fluctuates on
an hourly basis ("Additional Space"). In the event that Maple Valley brings a Maple Valley
Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed
that Maple Valley is requesting Additional Space, and additional space shall be made available
at the discretion of the KCF. hi the event that Additional Space is made available, such
Additional Space shall be paid for at the rate provided for in Section 4.2.b of this Agreement.
In the event that Additional Space is not made available, Maple Valley shall be solely
responsible for making other arrangements for the incarceration of the Maple Valley Inmate.
Additional Space shall be considered occupied if a Maple Valley Inmate occupies a bed at the
KCF, is on electronic home monitoring, or occupies another KCF program.
3.3 Notification of Number of Inmates. KCF shall inform Maple Valley, via
facsimile or other electronic transmission sent Monday through Friday, the Maple Valley court
list, which will list all suspects arrested through the Maple Valley system as well as KCF's
current disposition of those persons. This notification shall not be used to form the basis for
reconciling funds owed to Kent, as it is recognized that the number of Maple Valley inmates
may fluctuate throughout the day.
3.4 Jail Services. Maple Valley Inmates shall be subject to the same terms and
conditions of confinement as Kent inmates, and shall be subject to the same policies and
procedures applicable to Kent inmates.
3.5 Corrections Officer Present at Trials. When Maple Valley holds a trial at the
Kent Municipal Court, Maple Valley will use its best efforts to have a police officer sit with a
Maple Valley inmate in the courtroom when trial is in session; however, when Maple Valley is
unable to have an officer present, KFC will provide a corrections officer to sit with the Maple
Valley inmate.
3.6 Programs — Incarceration Alternatives. Subject to KCF policies and procedures,
Maple Valley Inmates shall have the same opportunities as Kent inmates to participate in
alternative programs such as but not limited to electronic home monitoring, work release, and
work crew. A Maple Valley Inmate participating in a program shall count as a Maple Valley
Inmate occupying Guaranteed Space, or if there are more than two Maple Valley Inmates,
Additional Space.
3.7 Medical Services and Medications. Maple Valley Inmates shall receive the same
level of medical care, and medications under the same circumstances, as Kent inmates. Medical
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care and medications which are provided by Occupational Health Services ("OHS") staff on
contract with the KCF and at the KCF shall be included in the cost of incarceration.
Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the
proper care of a Maple Valley Inmate, but which is provided to a Maple Valley Inmate at a
location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be
an additional cost to Maple Valley, and Maple Valley shall be responsible for payment of such
medical care costs. At each billing cycle, the city will invoice Maple Valley for the cost of any
Maple Valley inmate medical care incurred during a billing period and will provide copies of
medical invoices upon request. For example, and not by way of limitation, in the event a Maple
Valley Inmate must be transported to a medical facility for treatment, Kent will bill Maple
Valley the total cost of that inmate's medical treatment at the medical facility. Maple Valley
shall then fully reimburse Kent for that medical treatment, and Kent shall not be responsible for
any part of the cost. When a medical bill is received, KCF will attempt to seek a reduction of
the medical bill by the medical provider; provided, nothing herein shall be interpreted to relieve
Maple Valley of the full responsibility to reimburse Kent for Kent's payment of such bill.
The parties recognize that some inmates have extraordinary medical care needs and that
the KCF is not well equipped or funded to provide for extraordinary medical needs. hi the event
KCF staff determines that due to the expense or complexity of an inmate's medical needs that
the KCF is not in a position to provide medical care for the inmate, KCF staff shall issue a
medical temporary release, that is consistent with the standards of release for the KCF as
approved and adopted by Maple Valley, including afollow-up court date.
3.8 Booking of Ill or Injured Maple Valley Inmates. It is recognized that the KCF is
not well equipped to handle inmates with major medical emergencies or needs. Maple Valley
shall endeavor to find an alternative to booking Maple Valley Inmates with major medical
emergencies or needs at the KCF.
3.9 Medical Transportation Costs. Reimbursement for all actual costs incurred by
Kent when transporting Maple Valley Inmates to medical facilities and for supervising Maple
Valley Inmates during medical appointments or procedures (for example, inmates who are at a
high risk of reoffending and ineligible for a medical temporary release (TR) pursuant to the
adopted standards of release) are Maple Valley's sole responsibility and shall not be included in
the payment for Guaranteed Space. At each billing cycle, the city will invoice Maple Valley for
the cost of any Maple Valley inmate medical transportation costs, including supervision costs,
incurred during a billing period.
3.10 Transporting Maple Valley Inmates to Court or Other Jail facilities. Maple
Valley shall arrange for the transport of Maple Valley Inmates to all court appearances and to
other jails as necessary. Kent shall not be responsible for transporting Maple Valley Inmates to
court or other jails; provided, at the sole discretion of the KCF, the KCF staff may transport a
Maple Valley Inmate to the Kent Municipal Court, and in such case, Maple Valley shall not be
charged for such transport.
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3.11 Video Court Services. KCF shall make available the KCF library and video link
between the KCF and the Kent Court in order to facilitate video hearings by the Maple Valley
Court for Maple Valley Inmates incarcerated at the KCF. The scheduling of video link usage
shall be mutually agreed upon by Kent and Maple Valley.
3.12 Confidential Meeting Space for Maple Valley Inmates and Defense Counsel.
KCF shall make space available for Maple Valley Inmates to meet confidentially with private
counsel and indigent defense counsel in order to provide inmates with the effective assistance of
counsel.
3.13 Release of Maple Valley Inmates. KCF shall release Maple Valley Inmates
pursuant to a signed order from the Maple Valley Court Judge or duly appointed Maple Valley
Judge Pro Tem. KCF shall accept the Maple Valley Judge's orders sent via facsimile or other
form of electronic transmission to the KCF.
3.14 Use of Electronic Home Monitoring Contractor for Maple Valley Defendants not
Incarcerated in the KCF Permitted. Nothing in this Agreement shall be interpreted to limit the
authority of a Maple Valley judge from ordering or permitting a Maple Valley defendant that is
not in the custody or control of KCF to use a provider of electronic home monitoring services
other than the service provided by the KCF as a condition of a sentence or pre-trial release.
However, if a Maple Valley inmate is sentenced to a term of confinement in the KCF, that
inmate shall be subject to the rules, policies and procedures of the KCF. KCF, at its sole
discretion and subject to the policies and procedures of the KCF, will determine whether an
inmate will serve his or her time on the KCF's electronic home monitoring program. The Maple
Valley judge shall not have the authority to designate a particular electronic home monitoring
program for any Maple Valley inmate once the Maple Valley inmate is in the custody or control
of the KCF.
3.15 Work Crew May Work in Maple Valley. At the discretion of the KCF, and
subject to available resources and scheduling, the KCF work crew may perform work within the
city limits of Maple Valley. The availability of the work crew cannot be guaranteed. Prior to the
work crew performing work in Maple Valley, Maple Valley shall make a request, in writing, for
the services of the Work Crew. It shall be within the sole discretion of the KCF to determine
whether the work requested can be performed by the work crew, whether the resources exist to
allow the work crew to perform the work, and whether the schedule of the work crew program is
such that the work crew can be made available for the work.
4. Fees. In consideration of the services enumerated in Section 3 of this Agreement, the
Parties agree to the fees and charges below. In order to provide clarity to the Parties, Exhibit A
has been attached to describe the below application of inmate fees for Guaranteed and
Additional Space.
4.1. Fixed Fee for Guaranteed Space. Maple Valley shall pay for Guaranteed Space,
as that phrase is described elsewhere in this Agreement, at a rate of$220.00 per day ($80,300.00
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per year). This fixed fee for guaranteed space shall be paid regardless of whether the
Guaranteed Space is occupied or not.
4.2 Variable Fees for Booking and Additional Space. Maple Valley shall pay the
following for booking and Additional Space as that phrase is defined in Section 4.2.b of this
Agreement:
a. Fees for Booking. Kent shall invoice Maple Valley for booking fees in
the amount of$35.00 per booking. For the purposes of this section, "booking" shall mean each
instance in which a Maple Valley Inmate is booked into the jail after a period in which he or she
was not subject to confinement or participating in a jail program. Maple Valley Inmates who are
transported for a court hearing and then transported back to the KCF at the conclusion of the
hearing will not be considered booked when readmitted to the KCF. Inmates who return to the
KCF on their own free will after a temporary release or medical release shall not be considered
booked when readmitted to the KCF.
b. Additional Space - Daily Rate. The daily rate for Additional Space for
each additional Maple Valley Inmate who occupies the KCF over and above the Guaranteed
Space shall be $20.00 per day for inmates on electronic home monitoring, and $135.00 per day
for occupied beds or participation in programs other than electronic home monitoring. A full
day shall be charged for any Maple Valley Inmate who occupies Additional Space for any
period of a day. For example, and not by limitation, a Maple Valley Inmate who is booked into
the KCF on Monday at 9:00 p.m., and released the following Tuesday at 1:00 pm shall be
deemed to have spent two days in the KCF, and the cost of the daily rate shall be 2 X $135.00,
for a total of$270.00.
4.3 Cost Inflator. On January 1, 2016, and on January 1 of each year thereafter that this
Agreement is in effect, including any year in which this Agreement is extended,the fees set forth in
Section 4.1 and 4.2 shall be subject to an annual inflator in an amount equal to the Seattle-Tacoma-
Bremerton CPI-W for June of the preceding year; provided, in the event the Seattle-Tacoma-
Bremerton CPI-W for June of the preceding year is a negative number,the fees set forth in Section
4.1 shall not be reduced.
5. Billing and Payment. Maple Valley shall reimburse Kent for the fixed and variable fees as
well as other costs described in this Agreement upon receipt of an invoice delivered no less than
quarterly. The invoice shall be sent to Maple Valley at the address provided herein. A copy of
the invoice shall be sent to the Maple Valley judge. The bill shall identify the Maple Valley
Inmates who occupied the KCF during the quarter by name, as well as the number of days each
Maple Valley Inmate occupied jail space. The bill shall also provide the booking date and
inmate name for any booking fee charged, and shall describe all other fees being invoiced by the
date, description and breakdown of the fee. Maple Valley shall pay to Kent the amounts
invoiced within 30 days of receipt of such bill. The failure of Kent to invoice Maple Valley for
fees or costs shall not relieve Maple Valley of the responsibility for paying any fees or other
costs as required by this Agreement.
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The parties may agree in writing to an alternate method or timing for invoicing and payment.
6. Effective Date - Duration. This Agreement shall be in effect from January 1, 2015 until
January 1, 2018; provided, this Agreement may be extended, in writing, for an additional three
year term without further action of the legislative bodies of Kent or Maple Valley.
7. Termination - Notice.
7.1. Termination without Breach. Should either party desire to terminate this
Agreement absent a breach, a notice of termination, in writing, shall be provided to the other
party by July 1 of any given year in which this Agreement is effective. In no event shall a
notice of intent to terminate without a breach contain an effective date of termination prior to
January 1 of any given year.
7.2. Termination for Breach. In the event a party is in material breach of this
Agreement, the breaching party shall be provided with written notice 30 calendar days to cure
the breach, and if that party fails to do so, this Agreement may be terminated by written notice
issued by the non-breaching party.
8. Financing. There shall be no financing of any joint or cooperative undertaking pursuant
to this Agreement, except as set forth herein. There shall be no budget maintained for any joint
or cooperative undertaking pursuant to this Agreement.
9. Property. This Agreement does not provide for the acquisition, holding or disposal of
real or personal property.
10. Joint Administrative Board. No separate legal or administrative entity is created by this
Agreement. To the extent necessary, this Agreement shall be administered by the City Attorney
for Maple Valley or his/her designee, and the City Attorney for Kent or his/her designee.
11. Indemnification.
11.1. Kent shall indemnify and hold harmless Maple Valley and its officers, agents,
and employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or
omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of
the performance of this contract. In the event that any suit based upon such a claim, action, loss,
or damage is brought against Maple Valley, Kent shall defend the same at its sole cost and
expense, provided that Maple Valley retains the right to participate in said suit; and if final
judgment be rendered against Maple Valley, and its officers, agents, and employees, or any of
them, or jointly against Maple Valley and Kent and their respective officers, agents, and
employees, or any of them, the parties shall apportion any damages between them according to
the proportionate amount of fault as set forth in the judgment.
11.2. Maple Valley shall indemnify and hold harmless Kent and its officers, agents,
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and employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or
omission of Maple Valley, its officers, agents, and employees, or any of them relating to or
arising out of the performance of this contract. hi the event that any suit based upon such a
claim, action, loss, or damage is brought against the Kent, Maple Valley shall defend the same at
its sole cost and expense; provided that Kent retains the right to participate in said; and if final
judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or
jointly against Kent and Maple Valley and their respective officers, agents, and employees, or
any of them, the parties shall apportion any damages between them according to the
proportionate amount of fault as set forth in the judgment.
11.3. The provisions of this Section shall survive termination of this Agreement.
12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request
amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be
incorporated by written amendment hereto.
13. Notices. Notices shall be sent to the following addresses:
City Manager Mayor
City of Maple Valley City of Kent
P.O. Box 320 220 Fourth Ave S
Maple Valley, WA 98038 Kent, WA 98032
With a copy to: With a copy to:
City Attorney City Attorney
14. Attorney's Fees. Each party shall be responsible for its own attorney and legal fees in
any legal proceeding brought for the enforcement of this Agreement, or because of a dispute,
breach, default, or misrepresentation in connection with any of the provisions of this Agreement.
15. Severability.
15.1. If, for any reason, any part, term or provision of this Agreement is held by a court
of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining
provisions shall not be affected, and the rights and obligations of the parties shall be construed
and enforced as if the Agreement did not contain the particular provision held to be invalid.
15.2. If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith shall be
deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be
deemed modified to conform to such statutory provisions.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
CITY OF MAPLE VALLEY CITY OF KENT
David W. Johnston Suzette Cooke
City Manager Mayor
Dated: Dated:
ATTEST: ATTEST:
Shaunna Lee-Rice Ronald F. Moore
City Clerk City Clerk
Dated: Dated:
Approved asto Form: Approved asto Form:
Tom Brubaker
City Attorney City Attorney
Dated: Dated:
P:ACivilAFilesVOpenFilesAF44GKent C=ectlons Facility OmaalU aple Valley Sail end Court SavicesU aple Valley Sail IDA Operations doca
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EXHIBIT A
Guaranteed Space, Additional Space, Electronic Home Monitoring
("EHM") and Program Charges Explained
Note: These scenarios do not include applicable booking charges or other charges
called for in the Agreement.
• Standard Daily Rates:
• Hard-side bed per inmate per day $220.00
• Program slot per inmate per day $135.00
• EHM per inmate per day $ 20.00
• One and Two Inmate Scenarios:
1 Inmate. Inmate occupies either a hard-side bed, a program slot, or
EHM. Maple Valley is charged the $220.00 guaranteed space rate.
2 Inmates. One inmate occupies a hard-side bed, and one occupies a
program slot. Maple Valley is charged the $220.00 guaranteed space
rate.
2 Inmates. One inmate occupies a programs slot, and one occupies an
EHM slot. Maple Valley is charged the $220.00 guaranteed space rate.
2 Inmates. Both inmates occupy program slots. Maple Valley is charged
the $220.00 guaranteed space rate.
2 Inmates. Both inmates occupy EHM slots. Maple Valley is charged the
$220.00 guaranteed space rate.
• Three or More Inmate Scenarios
3 Inmates. All inmates occupy hard-side beds. Maple Valley is charged
the $220.00 guaranteed space rate, plus $135.00 for each day the 3rd bed
is occupied.
3 Inmates. Two inmates occupy hard-side beds and one occupies EHM.
Maple Valley is charged the $220.00 guaranteed space rate plus $20.00
for each day the 3rd inmate is on EHM.
3 Inmates. One inmate occupies a hard-side bed, one inmate occupies a
program slot, and one inmate is on EHM. Maple Valley is charged the
$220.00 guaranteed space rate plus $20.00 for each day the 3rd inmate is
on EHM.
4 Inmates. Two inmates occupy hard-side beds and two inmates occupy
program slots. Maple Valley is charged the $220.00 guaranteed space
rate, plus $270.00 for each day the 3rd and 4th inmates occupy program
slots.
• 4 Inmates. Two inmates occupy hard-side beds, one inmate occupies a
program slot, and one inmate is on EHM. Maple Valley is charged the
$220.00 guaranteed space rate, plus $135.00 for each day the 3rd inmate
occupies a program slot, plus $20.00 for each day the 3rd inmate is on
EHM.
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INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MAPLE VALLEY AND THE CITY OF KENT FOR
MUNICIPAL COURT SERVICES
THIS AGREEMENT is made and entered into by and between the City of Maple
Valley("Maple Valley"), a municipal corporation in the State of Washington and the City of
Kent("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties").
WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation
Act, Ch. 39.34 RCW and Municipal Courts — Alternative provision, Ch. 3.50 RCW; and
WHEREAS,the City of Maple Valley incorporated on August 31, 1997; and
WHEREAS, pursuant to state law, Maple Valley adopted Ordinance 0-98-071
establishing its own municipal court, known as the Municipal Court of the City of Maple
Valley ("Maple Valley Court"); and
WHEREAS, the Maple Valley City Council appointed a municipal court judge
("Maple Valley Court Judge") for a four year term in Resolution, R-98-078 and has re-
appointed a municipal judge by similar resolution upon the expiration of each term of
appointment; and
WHEREAS, Maple Valley does not own afacility suitable for conducting municipal
court and continues to need a venue in which to conduct municipal court proceedings; and
WHEREAS, Kent, which is located in King County, operates a municipal court
known as the Municipal Court of the City of Kent("Kent Municipal Court"); and
WHEREAS, Kent is willing to provide a venue and certain municipal court services
to the Maple Valley Court at the Kent Municipal Court pursuant to terms as set forth in this
Agreement; and
NOW, THEREFORE, in consideration of the terms and provisions set forth below, it
is mutually agreed by and between Maple Valley and Kent as follows:
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1. Purpose of Agreement. The purpose of this Agreement is to provide for the
processing of Maple Valley criminal complaints and infractions by the Kent Municipal
Court; to set forth the fees to be paid by Maple Valley for such services; and to enumerate
the court services to be provided by Kent and the Kent Municipal Court. A further purpose
of this Agreement is to set forth that the Maple Valley Court will conduct its proceedings at
the Kent Municipal Court, 1220 Central Avenue South, Kent, Washington.
2. Maple Valley Court Cases and Municipal Court Services. The Maple Valley Court
and the Kent Municipal Court shall be deemed separate municipal courts for the purposes
of Ch. 3.50 RCW. The Kent Municipal Court shall provide the court services enumerated
in Section 2.3, infra, for all Maple Valley Court cases commenced by Maple Valley. T h e
Kent Municipal Court,through its personnel, shall provide court services enumerated herein to
the Maple Valley Court at the same level as the Kent Municipal Court provides for the same
type of cases originating in Kent. The Maple Valley Court Judge agrees that the Kent
Presiding Judge is responsible for the general supervision and administration of all Kent
Municipal Court personnel that will be providing services to the Maple Valley Court. The
Kent Municipal Court agrees that the Maple Valley Municipal Court Judge has authority to
delegate necessary ministerial duties pertaining to the Maple Valley Court to Kent
Municipal Court personnel. Both Parties agree that for purposes of General Rule 29, as
written or hereafter amended (incorporated herein as if fully set forth), the Maple Valley
Municipal Court Judge is not a supervisor of Kent Municipal Court personnel; however, the
Parties agree that Kent Municipal Court personnel are responsible for implementing the
Maple Valley Court Judge's orders. Given the agreements set forth herein it is appropriate
that the responsibilities of the Presiding Judge as set forth in General Rule (GR) 29 of the
Washington Court Rules rest with the Kent Municipal Court Presiding Judge. Thus, for the
purposes of GR 29, the Kent Municipal Court Presiding Judge shall be the Presiding Judge
of the Kent Municipal Court and shall maintain all of the responsibilities of presiding judge
as set forth in GR 29; provided, the Maple Valley Court Judge shall be the Presiding Judge
for the purposes of adjudicating Maple Valley Court Cases and for the purposes of
engaging in GR 29 responsibilities that are exclusive to Maple Valley Court Cases and
which do not impact the operations of the Kent Municipal Court.
2.1. Maple Valley Court Cases - Defined. Maple Valley Court Cases shall include
all civil or traffic and other infraction cases, and all misdemeanor criminal complaints
commenced by Maple Valley in the Kent Municipal Court on or after January 1, 2013. Maple
Valley Court Cases shall also include any civil or traffic and other infraction cases and any
misdemeanor criminal complaints filed in the Enumclaw Court prior to January 1, 2013, that
are closed and re-opened in the Kent Municipal Court.
2.2. Appointment of Maple Vallev Municipal Judge. Pursuant to RCW 3.50.040,
the Maple Valley City Council will continue to appoint a Maple Valley Municipal Court
judge to adjudicate all Maple Valley Court Cases.
2.3. Municipal Court Services and Supplies. The following court services shall be
provided by the Kent Municipal Court under this Agreement:
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a. Court Staff. The Kent Municipal Court shall provide personnel
necessary to process all Maple Valley Court Cases. "Personnel' is defined as one or more
court clerks, and a court administrator. During the regularly scheduled Maple Valley Court
calendars, the staffing level provided by the Kent Municipal Court shall also include a
minimum of the services of one court clerk in the courtroom and one court clerk in the clerical
area to handle inquiries and financial transactions. In addition, Kent shall provide a staffing
level of service necessary to timely process all Maple Valley Court Cases. By way of
illustration and not limitation, "to timely process" shall include the issuance of all notices to
appear; maintenance of Maple Valley Court files for all Maple Valley Court Cases; case
scheduling for all Maple Valley Court Cases; calculation and processing of allowable costs,
fines and forfeitures; and handling all paperwork for Maple Valley infraction mitigation
hearings that are adjudicated via mail. The Kent Municipal Court staff shall utilize the JIS and
Sector systems as appropriate.
b. Court Hours. The Kent Municipal Court shall be open Monday
through Friday, from 8:30 a.m. to 4:30 pm; provided, the Kent Municipal Court shall not be
open during holidays recognized by the City of Kent; and provided further, the Kent
Municipal Court may be closed on December 24 and December 31 of each year. Any
emergency closure of the Kent Municipal Court due to weather or otherwise shall be at the
sole discretion of the Kent Municipal Court Presiding Judge. In the event that an
emergency causes the closure of the Kent Municipal Court on a day in which a Maple
Valley Court calendar is scheduled, the Kent Municipal Court Administrator shall work
with the Maple Valley Court Judge to reschedule cases. In the event that a Maple Valley
Court calendar is not concluded by 4:30 pm, the cases remaining on the court calendar will
be rescheduled to a different Maple Valley Court calendar.
C. Discovery and Subpoenas. Maple Valley, through its appointed
prosecutor, shall be responsible for responding to discovery requests and for issuing subpoenas
for Maple Valley witnesses. Kent Municipal Court personnel shall not be responsible for
responding to discovery requests. Kent Municipal Court personnel shall issue subpoenas
when requested by the defense; provided, the Kent Municipal Court shall not issue
subpoenas on behalf of the Maple Valley Prosecutor.
d. Court Security. The Kent Municipal Court shall provide security
personnel who shall be present in and around the Kent Municipal Court facilities during
hours in which the court is open to the public.
e. Public Defender Screening. The Kent Municipal Court shall provide a
screener to perform public defender-screening services in the same manner as this service is
performed for the Kent Municipal Court.
f. Probation. For all Maple Valley Court Cases for which probation is
ordered, the Kent Municipal Court shall provide probation services of the same nature and at
the same level that such services are provided for Kent Cases.
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g. Supplies and Forms. The Kent Municipal Court shall order forms and
paperwork necessary for processing Maple Valley Court Cases. By way of illustration and not
limitation, these forms and paperwork include case setting forms, infraction hearing forms,
warrants, statement on plea of guilty forms, speedy trial waiver forms and general office
supplies. Court forms to be utilized in the name of the Maple Valley Court. Any forms
required by Maple Valley and not utilized in a manner such that the form may also be used by
the Kent Municipal Court shall be a cost payable by the Maple Valley Court. The cost of
forms used by both the Kent Municipal Court and the Maple Valley Court shall be included
in the flat fee described in this Agreement.
h. image Interpretation. The Kent Municipal Court shall arrange for
and schedule all language interpretation services necessary for the processing of Maple Valley
Court Cases.
i. Jurors. The Kent Municipal Court shall arrange for the presence of
jurors as deemed necessary to adjudicate Maple Valley Court Cases.
j. Miscellaneous Equipment, Facility, and Utility Costs. The Kent
Municipal Court shall provide and maintain all equipment necessary for the processing of the
Maple Valley Court Cases. Kent shall provide the use of Kent's Municipal Court facility and
the space necessary for the processing of Maple Valley Court Cases, and all associated
janitorial services, facility insurance, building repair and maintenance, and related expenses.
Kent will be responsible for payment of all utility charges such as power, water, sewer, solid
waste, and telephone services for any portion of the facility or facilities utilized to process
Maple Valley Court Cases.
k. Annual Court Calendar. The Parties agree to work cooperatively to
establish an annual court calendar that establishes, at least one year in advance,the dates the
Maple Valley Court will be in session at the Kent Municipal Court. The annual court
calendar includes two court days, one overflow court day, and one jury day per month.
Additional court days may be added at the discretion of the court administrator working in
cooperation with the Maple Valley Judge. The number of cases set per calendar will be
coordinated by the Kent Municipal Court Administrator and the Maple Valley Judge. For
purposes of establishing annual court calendars for 2014 and beyond, the Kent Municipal
Court Administrator shall work cooperatively with the Maple Valley Court Judge and the
appointed Maple Valley Prosecutor, to find mutually agreeable dates for the Maple Valley
Court to conduct its proceedings. Final copies of the annual court calendar shall be
distributed to the following persons: Kent Municipal Court Administrator, Kent City
Attorney, Maple Valley Court Judge, appointed Maple Valley Prosecutor, appointed Maple
Valley Public Defender(s), and the Maple Valley City Attorney.
1. Communications. Kent agrees to post information on its website, to
provide information to the public regarding the dates that the Maple Valley Court will be
held at the Kent Municipal Court in accordance with the annual court calendar, and to
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include contact information for Maple Valley, similar to the website information provided
by Maple Valley on its website. Kent further agrees to provide a link to the Maple Valley
website information on the same subject.
3. Mitigation Hearings. Infraction mitigation hearings will be held pursuant to Maple
Valley local court rule. For purposes of this Agreement, a"mitigation hearing" is a hearing
requested by the recipient of a traffic infraction to explain mitigating circumstances leading
to the commission of the infraction. Present during mitigation hearings will be the Maple
Valley Court Judge, and a court clerk provided by the Kent Municipal Court. Mitigation
hearings will be scheduled according to the annual court calendar. The Kent Municipal
Court's personnel will be responsible for the scheduling and processing of all paperwork for
mitigation hearings. Any fines collected during such mitigation hearings will be processed
by the Kent Municipal Court on behalf of the Maple Valley Court and returned to Maple
Valley pursuant to and consistent with Section 5, infra.
4. Fees.
4.1. Flat Fee. In consideration of the services and supplies enumerated in
Sections 2 and 3, supra, Maple Valley shall remit to Kent $175,000.00 annually, to be paid
on a monthly basis at the rate of $14,583.33 each month. The $175,000.00 annual rate is
based upon the following estimates of case filings:
The Parties agree that for any month in which there are filed more than 333 cases
(either criminal cases, infractions, or a combination of both), Maple Valley will pay Kent an
additional $4000.00 over and above the monthly rate of$14,583.33.
On January 1, 2016, and on January 1 of each year thereafter that this Agreement is in
effect, including any year in which this Agreement is extended,the fees set forth in Section 4.1
shall be subject to an annual inflator in an amount equal to the Seattle-Tacoma-Bremerton
CPI-W for June of the preceding year; provided, in the event the Seattle-Tacoma-Bremerton
CPI-W for June of the preceding year is a negative number, the fees set forth in Section 4.1
shall not be reduced.
4.2. Other Fees and Costs. Kent shall be responsible to pay the following fees and
other costs (which costs are not included in the Flat Fee) and invoice Maple Valley monthly
for reimbursement of those costs and fees:
a. Witness fees;
b. Jury fees and juror summons' fees;
C. Language interpreter fees;
d. Cost of printing forms used only by the Maple Valley Court
All other costs not specifically enumerated in Section 4.2 are subsumed in the Flat
Fee set forth in Section 4.1.
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5. Fines and Forfeitures. With the exception of probation costs, records check costs,
copies, and NSF fees that are collected by Kent, Kent shall remit monthly to Maple Valley
costs, fines and bail forfeitures associated with Maple Valley Court Cases that were received
by Kent the prior month. No state costs or assessments shall be deducted by the Kent
Municipal Court from the remittance. Maple Valley shall make appropriate distributions
from this remittance to the State of Washington and King County. Maple Valley's monthly
flat fee payment to Kent as described in Section 4.1 shall be contingent on Maple Valley's
receipt of the monthly remittance from Kent.
6. Maple Vallev Municipal Court Judge and Judges Pro Tem. The Maple Valley Court
Judge will appoint various Judges Pro Tem to conduct Maple Valley Court proceedings. In
the event a Kent Municipal Court judge is unavailable to act as Judge Pro Tem for the Maple
Valley Court, the Kent Municipal Court shall notify the Maple Valley Judge, and the Maple
Valley Judge shall be responsible for scheduling any Maple Valley Court Judges Pro Tem.
Maple Valley shall be responsible for paying the cost of Maple Valley Judges Pro Tem.
The Maple Valley Court Judge will review statements of probable cause and provide signed
orders of release or the setting of bail to the Kent Municipal Court for any defendant
booked into jail, and provide a copy of that order to the pertinent jail. Kent Municipal Court
personnel shall set first appearance or arraignment dates for Maple Valley defendants that
have been booked into jail only after receipt of a signed order from the Maple Valley Court
Judge or a duly appointed Maple Valley Judge Pro Tem. The Maple Valley Court Judge
may promulgate local court rules for the Maple Valley Court, as well as administrative
orders. Nothing in this Section shall operate to prevent the Maple Valley Court Judge from
working cooperatively with the Kent Presiding Judge on the coordination of local rules for
Maple Valley that are similar to, or mirror, local court rules promulgated by the Kent
Municipal Court, but such decisions are discretionary with the Maple Valley Court Judge.
7. Appearance by Maple Vallev Prosecutor and Indigent Counsel. All determinations
relating to the appearance of a prosecutor or indigent defense counsel in a Maple Valley
Court Case shall be the responsibility of and shall be made at the sole discretion of Maple
Valley and the Maple Valley Court Judge. hi any case where the appointed Maple Valley
Prosecutor desires to be heard on a particular in-custody issue, the Prosecutor will transmit
his or her recommendation by facsimile or email to the Kent Municipal Court Administrator
or her designee and the Maple Valley Court Judge in compliance with CrRLJ 3.2.1(b) and
RCW 9A.72.085, or, in the alternative,the Prosecutor will appear personally.
8. Kent Prosecutors and Defense Attomevs Shall Not Appear. The Parties agree that
the Kent Prosecutor and indigent defense counsel on contract with Kent shall not appear in
Maple Valley Court Cases unless a separate contract for such services is agreed to between
Maple Valley and Kent.
9. Effective Date - Duration. This Agreement shall be in effect from January 1,
2015until January 1, 2018; provided, the parties, by prior mutual written agreement, may
extend this Agreement for an additional three year term without further action of the
21
legislative bodies of Kent or Maple Valley.
10. Termination - Notice.
a. Termination Without Breach. Should either party desire to terminate this
Agreement absent a breach, a notice of termination, in writing, shall be provided to the
other party by July 1 of any given year in which this Agreement is effective. In no event
shall a notice of intent to terminate without a breach contain an effective date of termination
prior to December 31 of any given year.
b. Termination for Breach. In the event a party is in material breach of this
Agreement, the breaching party shall be provided with written notice of 30 calendar days to
cure the breach, and if that party fails to do so, this Agreement may be terminated by
written notice issued by the non-breaching party.
11. Future Agreements — Sharing of Information. Kent agrees that, at the request of
Maple Valley, it will share Kent Municipal Court budget information; Kent Municipal
Court case filing information for both Maple Valley cases and Kent cases; Kent Municipal
Court statistical information available by utilization of computer systems maintained by the
state Office of Administrator of the Courts; and other relevant data produced or maintained
by Kent; provided that Kent shall not be required to maintain statistical information not
currently maintained by the State Office of the Administrator of the Courts; and provided
further that Maple Valley will be required to conduct any desired analysis, graphing, and
statistical comparison and work-up of such data
12. Financing. There shall be no financing of any joint or cooperative undertaking
pursuant to this Agreement, except as set forth herein. There shall be no budget maintained
for any joint or cooperative undertaking pursuant to this Agreement, except to the extent it is
necessary for Kent to keep the receipt of the Maple Valley Court's payments for costs, fines,
penalties and assessments separate and distinct from the Kent Municipal Court's payments for
costs,fines,penalties and assessments.
13. Property. This Agreement does not provide for the acquisition, holding or disposal
of real or personal property.
14. Joint Administrative Board. No separate legal or administrative entity is created by
this Agreement. To the extent necessary, this Agreement shall be administered by the City
Manager for Maple Valley or his/her designee, and the City Attorney for Kent or his/her
designee.
15. Indemnification.
15.1. Kent shall indemnify and hold harmless Maple Valley and its officers,
agents, and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out
zz
of any act or omission of Kent, its officers, agents, and employees, or any of them relating to
or arising out of the performance of this contract. In the event that any suit based upon such
a claim, action, loss, or damage is brought against Maple Valley, Kent shall defend the same
at its sole cost and expense, provided that Maple Valley retains the right to participate in said
suit; and if final judgment be rendered against Maple Valley, and its officers, agents, and
employees, or any of them, or jointly against Maple Valley and Kent and their respective
officers, agents, and employees, or any of them, the parties shall apportion any damages
between them according to the proportionate amount of fault as set forth in the judgment.
15.2. Maple Valley shall indemnify and hold harmless Kent and its officers,
agents, and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of
any act or omission of Maple Valley, its officers, agents, and employees, or any of them
relating to or arising out of the performance of this contract. In the event that any suit based
upon such a claim, action, loss, or damage is brought against the Kent, Maple Valley shall
defend the same at its sole cost and expense; provided that Kent retains the right to participate
in said; and if final judgment be rendered against Kent, and its officers, agents, and
employees, or any of them, or jointly against Kent and Maple Valley and their respective
officers, agents, and employees, or any of them, the parties shall apportion any damages
between them according to the proportionate amount of fault as set forth in the judgment.
15.3. T h e provisions of this Section shall survive termination of this Agreement.
16. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may
request amendments to this Agreement. Proposed amendments which are mutually agreed
upon shall be incorporated by written amendment hereto.
17. Notices. Notices shall be sent to the following addresses:
City Manager Mayor
City of Maple Valley City of Kent
P.O. Box 320 220 Fourth Ave S
Maple Valley, WA98038 Kent, WA98032
With a copy to: With a copy to:
City Attorney City Attorney
18. Attorney's Fees. Each party shall be responsible for its own attorney and legal fees
in any legal proceeding brought for the enforcement of this Agreement, or because of a
23
dispute, breach, default, or misrepresentation in connection with any of the provisions of
this Agreement.
19. Severability.
19.1. If, for any reason, any part, term or provision of this Agreement is held by a
court of competent jurisdiction to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the parties shall
be construed and enforced as if the Agreement did not contain the particular provision held
to be invalid.
19.2. If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith shall be
deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be
deemed modified to conform to such statutory provisions.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed.
CITY OF MAPLE VALLEY CITY OF KENT
David W. Johnston, City Manager Suzette Cooke, Mayor
Dated: Dated:
ATTEST: ATTEST:
Shaunna Lee-Rice, City Clerk Ronald F. Moore, City Clerk
Dated: Dated:
Approved asto Form: Approved asto Form:
Arthur"Pat' Fitzpatrick
City Attorney Deputy City Attorney
Dated: Dated:
Stephen Rochon Glenn Phillips
Maple Valley Court Judge Kent Municipal Court Presiding Judge
Dated: Dated:
F AO V I pR I BStOp en RlesV0265-MI,IIPII Caurt GaneapM,p Id VZIIeY Intodo dI F9reementVN MItId VZIIeY Host MIII,PII Caurt Opeafio,, do-
24
25
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
• Phone: 253-856-5700
KEN T Fax: 253-856-6700
Address: 220 Fourth Avenue S.
WASHINGTON Kent, WA. 98032-5895
DATE: December 2, 2014
TO: Kent City Council Operations Committee
FROM: Michelle Wilmot, Communications and Public Affairs Manager
SUBJECT: 2015-2018 Legislative Consulting Contract with Outcomes by
Levy
MOTION: Move to recommend Council authorize the Mayor to sign the
government relations consulting services agreement for 2015-2018 with
Outcomes by Levy, in the amount of $69,600.00 per year, plus agreed
upon expenses, and upon review by the City Attorney.
SUMMARY: Since the year 2000, the city has contracted annually with Doug Levy
of Outcomes by Levy to provide services for the city of Kent. These services include
the following activities:
• Assist with issue identification and meetings with Kent legislators prior
to the Legislative Session.
• Continue to monitor and identify problems and opportunities for Kent
on issues under consideration by various state legislative bodies
including group meetings on transportation, fiscal resources,
endangered species listings, and other state agency activities.
• Monitor and report legislation of concern to Kent during the Legislative
Sessions(s), working with the Mayor's Office to provide regular status
reports and to advocate for Kent on relevant issues.
• Assist with issue identification, opportunities for Kent, and advocacy
efforts with Kent's federal representatives.
• Assist with pursuit of funding for Kent projects, particularly at the state
and federal levels
Mr. Levy has proven himself to be extremely effective in advancing Kent's
legislative agenda and has accumulated a great deal of expertise and knowledge
regarding the issues of importance to Kent.
EXHIBITS: Consultant Services Agreement with Outcomes by Levy
BUDGET IMPACT: Utility and General Fund
26
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Outcomes by Levy
THIS AGREEMENT is made between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Outcomes by Levy organized under the laws of
the State of Washington, located and doing business at 15619 NE 62"d Place, Kenmore,
WA 98028; 425-922-3999 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Scope of Work:
The following outlines the scope of work under this Agreement. Specific work
plans shall be developed mutually and reviewed on a regular basis.
• Assist with issue identification and meetings with Kent legislators prior to
the Legislative Session.
• Continue to monitor and identify problems and opportunities for Kent on
issues under consideration by various state legislative bodies including
group meetings on transportation, fiscal resources, endangered species
listings, and other state agency activities.
• Monitor and report legislation of concern to Kent during the Legislative
Sessions(s), working with the Mayor's Office to provide regular status
reports and to advocate for Kent on relevant issues.
• Assist with issue identification, opportunities for Kent, and advocacy efforts
with Kent's federal representatives.
• Assist with pursuit of funding for Kent projects, particularly at the state
and federal levels.
Reporting and Communication:
The Consultant shall communicate weekly with designated staff regarding work
under this Agreement. Monthly summaries of work completed shall be appended
to invoices for payment.
Consultant further represents that the services furnished under this Agreement will
be performed in accordance with generally accepted professional practices in effect at
the time those services are performed.
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II. TIME OF COMPLETION. The parties agree that work will begin on the
tasks described in Section I above immediately upon the effective date of this
Agreement. Upon the effective date of this Agreement, Consultant shall complete the
work described in Section I during the years 2015-2018, ending on December 31, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount
not to exceed sixty nine thousand six hundred dollars ($69,600.00), not
including approved and agreed upon expenses for the services described in
this Agreement,
The City shall reimburse the Consultant for expenses
incurred while doing business on the City's behalf, which
shall be limited to meals, parking, lodging, mileage at the
State of Washington's standard reimbursement rate,
phone calls attributable to City of Kent business,
legislative session office space and expenses, and other
travel and conference/meeting expenses where such
attendance is directed by the City. Where such expenses
are incurred in connection with work on legislative or
regulatory issues affecting the Contractor's other relevant
clients, these expenses shall be pro-rated to maximum
extent practicable.
This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed
supplemental agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for a period of four (4) years from the effective date of
this Agreement.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within thirty (30) days of
receipt of an invoice. If the City objects to all or any portion of an invoice, it
shall notify the Consultant and reserves the option to only pay that portion
of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the
Consultant has the ability to control and direct the performance and details of its work,
the City being interested only in the results obtained under this Agreement.
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V. TERMINATION. Either party may terminate this Agreement, with or
without cause, upon providing the other party thirty (30) days written notice at its
address set forth on the signature block of this Agreement. After termination, the City
may take possession of all records and data within the Consultant's possession
pertaining to this project, which may be used by the City without restriction. If the
City's use of Consultant's records or data is not related to this project, it shall be without
liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of
work under this Agreement or any subcontract, the Consultant, its subcontractors, or
any person acting on behalf of the Consultant or subcontractor shall not, by reason of
race, religion, color, sex, age, sexual orientation, national origin, or the presence of any
sensory, mental, or physical disability, discriminate against any person who is qualified
and available to perform the work to which the employment relates. Consultant shall
execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work,
file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City,
its officers, officials, employees, agents and volunteers harmless from any and all
claims, injuries, damages, losses or suits, including all legal costs and attorney fees,
arising out of or in connection with the Consultant's performance of this Agreement,
except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed
shall not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent
negligence of the Consultant and the City, its officers, officials, employees, agents and
volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT
THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of
the Agreement, insurance of the types and in the amounts described in Exhibit A
attached and incorporated by this reference.
29
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to
provide reasonable accuracy of any information supplied by it to Consultant for the
purpose of completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original
documents, drawings, designs, reports, or any other records developed or created under
this Agreement shall belong to and become the property of the City. All records
submitted by the City to the Consultant will be safeguarded by the Consultant.
Consultant shall make such data, documents, and files available to the City upon the
City's request. The city's use or reuse of any of the documents, data and files created by
Consultant for this project by anyone other than Consultant on any other project shall be
without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an
independent contractor with the authority to control and direct the performance and
details of the work authorized under this Agreement, the work must meet the approval
of the City and shall be subject to the City's general right of inspection to secure
satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents,
and subcontractors in the performance of the contract work and shall utilize all
protection necessary for that purpose. All work shall be done at Consultant's own risk,
and Consultant shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the
City requires its contractors and consultants to use recycled and recyclable products
whenever practicable. A price preference may be available for any designated recycled
product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or to
exercise any option conferred by this Agreement in one or more instances shall not be
construed to be a waiver or relinquishment of those covenants, agreements or options,
and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. If
the parties are unable to settle any dispute, difference or claim arising from the parties'
performance of this Agreement, the exclusive means of resolving that dispute, difference
or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of
the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages
arising from the parties' performance of this Agreement, each party shall pay all its legal
costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in
addition to any other recovery or award provided by law; provided, however, nothing in
30
this paragraph shall be construed to limit the City's right to indemnification under
Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent
to the parties at the addresses listed on the signature page of the Agreement, unless
notified to the contrary. Any written notice hereunder shall become effective three (3)
business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the
written consent of the non-assigning party shall be void. If the non-assigning party
gives its consent to any assignment, the terms of this Agreement shall continue in full
force and effect and no further assignment shall be made without additional written
consent.
F. Modification. No waiver, alteration, or modification of any of the provisions
of this Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement,
together with any Exhibits attached hereto, shall supersede all prior verbal statements of
any officer or other representative of the City, and such statements shall not be effective
or be construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the future
become applicable to Consultant's business, equipment, and personnel engaged in
operations covered by this Agreement or accruing out of the performance of those
operations.
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IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its
(Title) Its Mayor
DATE: (Title)
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Doug Levy Chief Administrative Officer
Outcomes by Levy City of Kent
15619 NE 62"d Place 220 Fourth Avenue South
Kenmore, WA 98028 Kent, WA 98032
(425) 922-3999 (telephone) (253) 856-5710 (telephone)
425 424-8921 facsimile (253) 856-6700 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors and suppliers who perform work
with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary
for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An
affirmative response is required on all of the following questions for this Agreement to
be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents
themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or
termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the
basis of sex, race, color, national origin, age, or the presence of all sensory,
mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written
statement to all new employees and subcontractors indicating commitment as an
equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider
hiring and promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by
me, the Prime Contractor, that the Prime Contractor complied with the
requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20__.
By:
For:
Title:
Date:
33
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN
SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal
and state laws. All contractors, subcontractors, consultants and suppliers of the City
must guarantee equal employment opportunity within their organization and, if holding
Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of
contract and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and
Public Works Departments to assume the following duties for their respective
departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to
these regulations are familiar with the regulations and the City's equal
employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and
guidelines.
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor
awarded the Agreement.
I, the undersigned, a duly represented agent of The City of Kent , hereby
acknowledge and declare that the before-mentioned company was the prime contractor
for the Agreement known as Outcomes by Levy that was entered into on the
1s' of January, 2015 , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in
the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal
Employment Opportunity Policy that was part of the before-mentioned Agreement.
Dated this 31 day of December 2018.
By:
For:
Title:
Date:
35
EXHIBIT A
PAYMENT SCHEDULE
Invoices shall be submitted monthly for 1/12 of the annual contract amount
and any relevant expenses as detailed in the contract.
EXHIBIT B
INSURANCE REQUIREMENTS
No Insurance is required for this Contract.
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37
FINANCE
440 Aaron BeMiller Director
Phone: 253-856-5260
KENT Fax 253-856-6255
WA s N IN G-o N Address: 220 Fourth Avenue S.
Kent,WA. 98032-5895
DATE: December 2, 2014
TO: Kent City Council Operations Committee
FROM: Aaron BeMiller, Finance Director
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments
Between July 1, 2014 and September 30, 2014
MOTION: Move to recommend Council approve the consolidating budget
adjustment ordinance for adjustments made between July 1, 2014 and
September 30, 2014 reflecting an overall budget increase of $10,777,812.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $10,777,812 for
budget adjustments made between June 1, 2014 and September 30, 2014.
An overall increase of $10,782,868 was previously approved by Council. Included
in this amount is $2,287,228 for the Upper Russell Road Interlocal Agreement with
the King County Flood Control District, $4,761,704 for GO Refunding Bonds, and
$950,000 carryover budget for Fleet Services.
The remaining amount not yet approved by Council is an overall decrease of
($5,056) and is comprised of a reduction to the 2013 KCD Grant Budget in the
amount of ($7,206) and an increase of $2,150 for a WESTAF Grant.
BUDGET IMPACT: These expenditures are funded by grants, bonds or other new
revenues.
BACKGROUND:
38
City of Kent
Budget Adjustment Ordinance
Adjustments July 1, 2014 to September 30, 2014
Exhibit A
Total
Previously Approval Adjustment
Fund Title Approved Requested Ordinance
001 General Fund 990,801 2,150 992,951
110 Street Fund 145,238 - 145,238
150 Capital Improvement Fund 1,548,557 - 1,548,557
160 Criminal Justice Fund 188,090 - 188,090
170 Environmental Fund 213,063 - 213,063
180 Housing & Community Development Fund 50,232 - 50,232
220 Non-Voted Debt Service Fund 1,687,995 - 1,687,995
310 Street Capital Projects 867,759 - 867,759
320 Parks Capital Projects 92,767 (7,206) 85,561
440 Sewerage Operating 3,975,983 3,975,983
510 Fleet Services Fund 950,000 950,000
520 Central Services Fund 72,383 72,383
Subtotal 10,782,868 (5,056) 10,777,812
39
FINANCE
440 Aaron BeMiller, Director
Phone: 253-856-5260
K E N T Fax 253-856-6255
WASHING-ON Address: 220 Fourth Avenue S.
Kent,WA. 98032-5895
DATE: December 2, 2014
TO: Kent City Council Operations Committee
FROM: Aaron BeMiller, Finance Director
SUBJECT: Amendment to PFD Contingent Loan and Support Agreement
MOTION: Move to recommend Council authorize the Mayor to sign the First
Amendment to the Contingent Loan and Support Agreement regarding
financing for the Kent Special Events Center subject to final terms and
conditions acceptable to the Finance Director and City Attorney.
SUMMARY: Section 3.3 of the Contingent Loan and Support Agreement Regarding
Financing for Kent Special Events Center Agreement, signed in 2008, by the City of
Kent and the City of Kent Special Events Center Public Facilities District (PFD)
states generally that any monies contributed by the City towards debt service
payments for the Special Events Center are to be treated as loans by the PFD. As
such, the PFD is obligated to repay these monies, both principal and interest, to the
City.
However, economic realities have shown that the PFD has never generated enough
revenue to fully pay the annual debt service and the City will have contributed over
$15M by the end of 2014 for debt service payments on the Special Events Center.
Additionally, there is no basis for expectation that the PFD will ever generate
enough annual income to fully pay debt service in the future. Throughout the life of
the loan, the City is estimating that it will contribute in the neighborhood of $100M
or more to the PFD to be used for debt obligation payments.
This amendment changes the language of section 3.3 of the aforementioned
agreement by eliminating the loan and repayment requirement language obligating
the PFD to repay City contributions and in its place inserting language that
discharges and releases the PFD from any obligation to repay previous or future
City contributions toward debt service.
BUDGET IMPACT: $0
BACKGROUND: Due to the economic realities of PFD revenue generation, the City
does not believe there is a reasonable expectation of repayment from the PFD for
contributed debt service and as such, accounting rules dictate that the City not
consider the contributions made to date, or future contributions, to be loans but
Kent Council Operations Committee Amendment to PFD Contingent Loan&Support Agreement
40
rather to be subsidies. For its part, the City has never shown in its financial
statements a loan receivable amount for monies contributed to the PFD for debt
payments. However, because of the loan language in the contract, the PFD is now
being required to show on its financial statements a loan payable amount for which
they will never be able to repay, and for which the City is not showing a receivable.
This is a change from past practice.
The City has requested this language change. The City serves as treasurer for the
PFD and this change will allow the City to present the PFD financial statements
consistently moving forward.
Kent Council Operations Committee Amendment to PFD Contingent Loan&Support Agreement
41
FIRST AMENDMENT TO
CONTINGENT LOAN AND SUPPORT AGREEMENT
REGARDING FINANCING
FOR KENT SPECIAL EVENTS CENTER
BY AND BETWEEN
THE CITY OF KENT
AND
THE CITY OF KENT SPECIAL EVENTS
CENTER PUBLIC FACILITIES DISTRICT
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FIRST AMENDMENT TO
CONTINGENT LOAN AND SUPPORT AGREEMENT
REGARDING FINANCING
FOR KENT SPECIAL EVENTS CENTER
THIS FIRST AMENDMENT TO CONTINGENT LOAN AND SUPPORT
AGREEMENT (this "Amendatory Agreement') is dated as of the day of
and is made by and between THE CITY OF KENT, WASHINGTON (the "City"), and THE
CITY OF KENT SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT (the
"District');
RECITALS
WHEREAS, Chapter 35.57.020 of the Revised Code of Washington ("RCW") provides
that a public facilities district may acquire, construct, own, remodel, maintain, equip, repair,
finance, and operate one or more regional centers; and
WHEREAS, the City previously formed the District pursuant to RCW 35.57, to assist in
the design, construction, ownership, operation and/or financing of a regional center as defined in
RCW 35.57.020 as a convention, conference or special events center, and related parking
facilities, serving a regional population (the "Special Events Center"); and
WHEREAS, the City and the District previously entered into an Interlocal Agreement for
Development of Special Events Center dated September 14, 2007 ("Interlocal Agreement
No. 1"), pursuant to the Washington Interlocal Corporation Act in connection with the
development and operation of a Special Events Center; and
WHEREAS, pursuant to State law, the District Formation Ordinance and Interlocal
Agreement No. 1, the District was authorized to issue revenue bonds or general obligation bonds
in principal amounts approved by the City consistent with RCW 35.57.030, 35.57.090 and other
applicable provisions of state law for the purpose of providing for part of the cost of joint
development of the Special Events Center; and
WHEREAS, under Interlocal Agreement No. 1 and Resolution No. 2007-1 of the Board
of Directors of the District adopted on September 14, 2007 (the "PFD Tax Resolution"), the
District imposed the sales and use taxes authorized by RCW 35.57.040(1)(d) and
RCW 82.14.390 at the rate of 0.033% of the selling price (in the case of a sales tax) or the value
of the article used (in the case of a use tax) (the "Sales Tax") and agreed to set aside the proceeds
of such Sales Tax to be paid to the City for the purpose of providing for part of the cost of
designing, constructing, owning and operating the Special Events Center, and/or to provide part
of the debt service on District bonds or obligations issued to provide for part of such costs; and
WHEREAS, the City requested that the District issue, and the District has issued, (i) its
Special Events Center Sales Tax Bonds, 2008, pursuant to District Resolution No. 2008-2 (the
"Sales Tax Bond Resolution") in an original principal amount of $53,150,000 (the "Sales Tax
Bonds") payable from the Sales Tax Revenue and District Revenue, and (ii) its Special Events
Center Revenue Bonds, 2008 (Taxable), pursuant to District Resolution No. 2008-3 (the
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Revenue Bond Resolution," and together with the Sales Tax Bond Resolution, the "Bond
Resolutions") in an original principal amount not to exceed $10,130,000 (the "Revenue Bonds")
payable from District Revenue (collectively, the Sales Tax Bonds and the Revenue Bonds are
referred to below as the "2008 Bonds"); and
WHEREAS, in connection with the issuance of the 2008 Bonds, the District and the City
entered into a Contingent Loan and Support Agreement dated as of February 20, 2008 (the
"Support Agreement"). Under Section 3 of the Support Agreement, the City agreed that if the
District were unable to timely provide for the payment of principal of or interest on any Bonds,
the City shall loan to the District the amount necessary to make such timely payment; and
WHEREAS, under Section 3.3 of the Support Agreement, the District agreed that if the
City were to lend money to the District, the District would repay the principal amount or
amounts loaned when and as revenues became available to the District for that purpose, together
with interest set by the City's Finance Director at rates based on the then-current yield of the
City's pooled investments; and
WHEREAS, the City has made Contingent Loan Payments to the District in the
approximate amount of $ to assist the District in debt service payments on the
2008 Bonds, and those loan amounts are bearing interest; and
WHEREAS, the City and the District have determined that, based on costs of operating
the Special Events Center and other District costs, it is unlikely that, in the foreseeable future,
the District will be able to repay the City for amounts loaned to the District under the terms of
the Support Agreement; and
WHEREAS, [in order to remove] a substantial long-term obligation from the District's
financial statements and a substantial long-term receivable from the City's financial statements,
and the City and the District desire to adjust the Support Agreement so that District would no
longer have an obligation to repay the City for amounts transferred from the City to the District
as Contingent Loan Payments in support of the District's debt service on the 2008 Bonds; and
WHEREAS, Section 10.7 of the Support Agreement provides in part that so long as any
2008 Bonds remain outstanding, the Support Agreement "shall not be amended, changed,
modified or altered in any manner that would terminate, limit or otherwise impair the District's
right to receive from the City, and the City's obligation to pay to the District, City Special Events
Center Payments and City Contingent Loan Payments when and as required" under the Support
Agreement; and
WHEREAS, although the 2008 Bond Resolutions need not be amended in connection
with this Amendatory Agreement, it is noted that Section 20 of District Resolution 2008-2 and
Section 19 of District Resolution 2008-3 include identical provisions relating to "Supplements
and Amendments" to those resolutions. Those sections provide, in part, that the District at any
time may adopt a supplemental resolution to add to the covenants and agreements of the District
in the 2008 Bond Resolutions, or to cure, correct or supplement any ambiguous or defective
provision contained in a 2008 Bond Resolution in regard to matters or questions arising under
the resolution as the District's Board may deem necessary or desirable, which shall not adversely
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affect in any material respect the interests of the owners of the Bonds, or to surrender any rights
or power therein reserved to or conferred upon the District; and
WHEREAS, the District and the City have determined that the termination of the
District's obligation to repay the City for past or future City Contingent Loan Payments, (1) is in
the interest of both the District and the City, (2)will assist in the continued success of the Special
Events Center, (3) will not adversely affect in any material respect the interests of the owners of
the Bonds, or surrender any rights or power reserved to or conferred upon the District by the
Support Agreement, and (4) consequently will not require the consent or approval of the owners
of the 2008 Bonds or the Bond Insurer for the 2008 Bonds;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the
parties hereto covenant and agree as follows:
1. Section 3.3 of the Support Agreement is amended to read as follows:
3.3 District Repayment to City for Amounts Loaned pursuant to Contingent Loan Commitment.
If the City lends money to the District pursuant to this Section 3, the amount of each City
Contingent Loan Payment (whether previously made or made in the future) shall be deemed a
transfer to the District in support of the Special Events Center and the District shall be
immediately discharged and released from any obligation to repay the principal of or interest on
that loan. Distfiet hall fepa� the principal ,.meth. of outfits 1,.,... d a revenues 4)r that
datp, a ]Ran is MR
---de, l3ftsed On the then etiffefA yield of the city's peeled r
ifAefest fate is adjusted fef a4l City itAeffiffid loans.
2. All other terms of the Support Agreement shall remain in full force and effect.
Capitalized terms used in this Amendatory Agreement that are not otherwise defined herein shall
have the meanings set forth in the Support Agreement.
3. All acts previously performed by the District and the City consistent with the terms of
this Amendatory Agreement are hereby ratified and confirmed.
4. This Amendatory Agreement shall become effective upon its full execution.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY,
EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A
DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
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IN WITNESS WHEREOF, the City and the District have caused this Agreement to be
executed by their duly authorized officers.
CITY OF KENT THE CITY OF KENT SPECIAL EVENTS
CENTER PUBLIC FACILITIES DISTRICT
By By
Mayor Chair
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