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10 <br />Scope of Work <br />In order to conduct this independent feasibility review, Johnson Consulting performed the <br />following tasks: <br />1.Reviewed all documents provided by Commerce and Kittitas County, including documents <br />provided at commencement of the study, as well as others obtained from the County <br />throughout the study process. No additional independent research was conducted as part <br />of this independent feasibility review. <br />2.Reviewed costs to be incurred in relation to the formation of the PFD and capacity to repay <br />debt financing and operating costs associated with the projects. <br />PFD Formation, Governance and Funding <br />Washington State law allows for PFDs to be formed by cities, counties or contiguous groups of <br />cities/ counties through an Interlocal Agreement (RCW 39.34). The boundaries of the PFD <br />must be contiguous with the city, county or contiguous group of cities/ counties that formed the <br />PFD. Specific formation processes are set forth in RCW 35.57 (formation by cities) and RCW <br />36.100 (formation by counties).2. <br />A PFD is a municipal corporation, an independent taxing authority and a taxing district and <br />possesses all the usual powers of a corporation for public purposes, including, but not limited <br />to, the authority to hire employees, staff, and services, to enter into contracts, including <br />contracts with public and private parties, to acquire, own, sell, transfer, lease, and otherwise <br />acquire or dispose of property, to grant concessions under terms approved by the PFD, and to <br />sue and be sued (RCW 36.100).3 <br />2.WASHINGTON STATE LEGISLATURE RCW 39.34, 35.57 AND 36.100 <br />3.WASHINGTON STATE LEGISLATURE RCW 36.100