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HomeMy WebLinkAbout4327RESOLUTION NO.4 3 2 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, DES MOINES, FEDERAL WAY, KENT, RENTON, AND TUKWILA FOR A COOPERATIVE FEASIBILITY STUDY FOR THE CONSTRUCTION AND OPERATION OF A MISDEMEANANT JAIL FACILITY WHEREAS, Auburn, Kent and Renton maintain municipal jails; and WHEREAS, Des Moines, Federal Way and Tukwila do not maintain municipal jails; and WHEREAS, cities in King County have been informed by the King County Department of Adult and Juvenile Detention that King County will no longer be accepting misdemeanor inmates from King County cities after December 31, 2012; and WHEREAS, there is inadequate local jail space available to accommodate the misdemeanant inmates from Auburn, Des Moines, Federal way, Kent, Renton and Tukwila; and WHEREAS, since 2002 King County cities have been contracting with counties in Eastern Washington to house misdemeanant inmates at considerable cost for housing and transport; and WHEREAS, the cities of Auburn, Des Moines, Federal Way, Kent, Renton and Tukwila (the Cities) all wish to participate in joint efforts to plan efficiently to share the use of resources needed by all cities; and Resolution No. 4327 March 6, 2008 Page 1 of 3 WHEREAS, the Cities have agreed on the use of DLR Group, Inc. to perform the feasibility study and have agreed upon the scope of work and contract for terms for the study. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. Purpose. The Mayor is hereby authorized to execute an Interlocal Agreement with the cities of Auburn, Des Moines, Federal Way, Kent, Renton and Tukwila for a cooperative feasibility study for the construction and operation of a misdemeanant jail facility which agreement shall be in substantial conformity with the interlocal agreement, a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. Implementation. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2008. CI Y PETER B. LEWIS MAYOR Resolution No. 4327 March 6, 2008 Page 2 of 3 ATTEST: a Danielle E. Daskam, City Clerk APPROVED AS TCL FORM: Resolution No. 4327 March 6, 2008 Page 3 of 3 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, DES MOINES, FEDERAL WAY, KENT, RENTON, AND TUKWILA FOR A COOPERATIVE FEASIBILITY STUDY FOR THE CONSTRUCTION AND OPERATION OF A MISDEMEANANT JAIL FACILITY This Interlocal Agreement ("ILA") is entered into pursuant to Chapter 39.34 RCW by the Cities of Auburn ("Auburn"), Des Moines ("Des Moines"), Federal Way ("Federal Way"), Kent ("Kent"), Renton, ("Renton"), and Tukwila ("Tukwila"), all which are municipal corporations of the State of Washington, hereinafter referred to as "Cities," to provide for the joint funding of a Cooperative Misdemeanant Jail Study. WHEREAS, Auburn, Kent, and Renton maintain municipal jails pursuant to chapter 70.48 R.C.W.; WHEREAS, Des Moines, Federal Way, and Tukwila do not maintain municipal jails; and WHEREAS, cities in King County have been informed by the King County Department of Adult and Juvenile Detention that King County will no longer accept misdemeanor inmates from King County cities after December 31, 2012; and WHEREAS, there is inadequate local jail space available to accommodate the misdemeanant inmates from Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila; and WHEREAS, King County cities have, since 2002, been contracting with counties in Eastern Washington to house misdemeanant inmates at considerable cost for housing and transport; and WHEREAS, the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, desire to participate in efforts to plan effectively to share the use of resources needed by all cities; and WHEREAS, the Cities have agreed on the use of DLR Group, Inc. to perform the feasibility study and have agreed upon the scope of work and contract terms for the study; and WHEREAS, through the Interlocal Cooperative Act, the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila have the authority to engage in cooperative efforts which result in more efficient use of government resources; NOW, THEREFORE, and in consideration of the terms, conditions and promises made herein, it is agreed as follows: SECTION 1. Purpose of Interlocal Agreement: The purpose of the Interlocal Agreement is to set up a cooperative arrangement between the Cities to jointly fund a feasibility study for a misdemeanant jail facility. SECTION 2. Lead City: The City of Renton will act as the Lead City, serving as the fiscal and administrative agent for the cities and Penny Bartley, Renton Police Manager, will serve as project manager for the study. SECTION 3. Funding Arrangement. The total contract amount with DLR Group, Inc. is $161,000. The costs will be allocated amongst the cities as follows: Auburn's funding obligation is $39,026. Des Moines' funding obligation is $6,468. Federal Way's funding obligation is $17,905. Kent's funding obligation is $39,026. Tukwila's funding obligation is $16,261. Renton's funding obligation is $42,314. Renton will invoice the other cities upon receipt of invoices from the consultant and invoices are due and payable to Renton within 30 days of receipt. If additional parties join this agreement the contract amount shall be adjusted as further agreed. SECTION 4. Modification of Scope. Any changes in the Scope of Work to accommodate any additional owners or participating agencies shall be borne by those jurisdictions requesting the change. Interlocal Agreement For Feasibility Study - p. 2 of 7 SECTION 5. Indemnification and Defense: Each City agrees to defend, indemnify and hold the other Cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including but not limited to reasonable attorney fees and litigation costs, (hereinafter `claims'), caused solely by the negligence or willful misconduct of such City, its agents, affiliated corporations, officers, officials, employees, volunteers, or lower tier subcontracts (hereinafter tortfeasors), arising out of or in connection with the performance of this ILA. If the negligence or willful misconduct of more than one City or its tortfeasors is a cause of such claims then the liability shall be shared between those Cities in proportion to the relative degree of negligence or willful misconduct between such Cities and such proportion shall apply to the rights of indemnity and defense. Should a court of competent jurisdiction determine that this ILA 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 Cites and their tortfeasors, then each City's liability shall be only to the extent of its negligence. Solely for the purposes ,, of this indemnification, each City hereby waives its immunity under Industrial Insurance, Title 51 RCW for claims of any type brought by any City agency or employees against the other Cities. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made in consideration for the waiver. The provisions of this section shall survive the expiration or termination of this ILA. SECTION 6. Applicable Law; Venue; Attorney's Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Interlocal Agreement For Feasibility Study - p. 3 of 7 SECTION 7. Insurance: (A) The Cities agree to provide to each other signatory of the ILA, in a form and in terms acceptable to the receiving parry, evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance company or pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement. (B) Each party shall obtain and maintain coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (C) The insurance policies that shall specify the Cities, its officers, agents, and employees as additional insured on all coverage with that coverage being primary and non-contributory to any other coverage available to the Cities. The insurance policies shall provide that they will not be cancelled without 45 days' written notice to the Cities. SECTION 8. Contact Persons: Notices provided for herein or questions about the feasibility study should be directed to: City of Renton: Penny Bartley, Manager Renton Police Department 1055 So. Grady Way Renton, WA 98057 (425) 430-7565 City of Auburn: Larry Miller, Assistant Chief Auburn Police Department 340 East Main, Suite 201 Auburn, Washington 98002 Interlocal Agreement For Feasibility Study - p. 4 of 7 City of Des Moines: Tony Piasecki, City Manager 21630 11th Avenue South Des Moines, WA 98198 City of Federal Way: Neal Beets, City Manager 33325 8th Avenue South Federal Way, WA 98003 City of Kent: Steve Strachan, Police Chief Kent Police Department 2204 1h Avenue South Kent, Washington 98032 City of Tukwila: Rhonda Berry, City Manager 6200 Southcenter Boulevard Tukwila, WA 98188 SECTION 9. Term: This Agreement shall be effective , 2008 and shall remain in effect through the completion of the study, but no later than December 31, 2009, unless otherwise agreed in writing by all parties. SECTION 10. Termination: Any party may terminate its participation in the Interlocal Agreement without cause by giving the other Cities ninety-days' written notice. The terminating party shall remain fully responsible for meeting its funding responsibility and other obligations established by this Interlocal Agreement through the end of the calendar year in which such notice is given. SECTION 11. Counterparts: This document may be executed in any number of counterparts, each one which shall be considered an original. IN WITNESS WHEREOF, the undersigned have entered into this Interlocal Agreement as of this day of , 2008. Interlocal Agreement For Feasibility Study - p. 5 of 7 Date: The City of Renton, by: Denis Law, Mayor Date: The City of Auburn, by: Peter Lewis, Mayor Date: The City of Des Moines, by: , Mayor/City Manager Attest: City Clerk Approved as to legal form: City Attorney, Renton Attest: City Clerk Approved as to legal form: City Attorney, Auburn Attest: City Clerk Approved as to legal form: City Attorney, Des Moines Interlocal Agreement For Feasibility Study - p. 6 of 7 Date: Attest: The City of Federal Way, by: City Clerk , Mayor/City Manager Date: Approved as to legal fonn: City Attorney, Federal Way Attest: The City of Kent, by: City Clerk , Mayor/City Manager Date: Approved as to legal form: City Attorney, Kent Attest: The City of Tukwila, by: City Clerk , Mayor/City Manager Approved as to legal form: City Attorney, Tukwila Interlocal Agreement For Feasibility Study - p. 7 of 7 SCORE INTERLOCAL AGREEMENT THIS AGREEMENT made and first entered into this day of , 2008, by and among the undersigned municipalities, the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, all of which are municipal corporations under the laws and statutes of the State of Washington (the "Member Cities"): WITNESSETH: WHEREAS, the undersigned municipal corporations are desirous of establishing and maintaining a consolidated correctional facility, to hereafter be known as the "SCORE FACILITY" (SOUTH CORRECTIONAL ENTITY FACILITY), and WHEREAS, this Agreement and the activities described herein below are consistent with the provision and terms of the "Interlocal Cooperation Act" pursuant to RCW 39.34 et seq; and WHEREAS, the establishment of such Facility will provide improved correctional facilities within the boundaries of the consolidated service area at a lower cost to the participating local governments, together with such other governmental units as may hereafter contract with the undersigned for correctional services, and WHEREAS, the establishment and maintenance of such Facility will be of substantial benefit of the undersigned cities and the public in general, NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: 1.0 SCORE FACILITY - AUTHORITY There is hereby established a governmental administrative agency pursuant to RCW 39.34.030 (3)(b) and RCW 35.58.100, to be hereafter known as the "SCORE Facility" initially consisting of the participating cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, as members thereof. Said Facility shall have the responsibility and authority, among others, for correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the aforementioned member cities. In addition thereto the Facility may serve other municipal corporations (subscribing agencies) existing within the logical, physical service area and which are in need of such correctional services. Any agreement with such additional municipal entities shall be in writing and approved by the undersigned city members. The Facility shall be governed by the Administrative Board, the Facility's powers shall include, but not be limited to the powers listed below: SCORE Interlocal Agreement Draft - February 20, 2008 Page I of I I a. Recommend action to the legislative bodies of the participating members; b. Review and approve debt expenditures; C. Establish policies for expenditures of budget items for the Facility; d. Review and adopt a personnel policy for the SCORE Facility; e. Establish a fund, or special funds, as authorized by RCW 39.34.030 for the operation of the SCORE Facility; f. Conduct regular meetings as may be designated by the Administrative Board; g. Determine what services shall be offered and under what terms they shall be offered; h. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement; i. Establish rates for services provided to other members, subscribers or participating agencies; j. Direct and supervise the activities of the Operations Board and the Facility Director; k. Incur debt in the name of the Facility, to make purchases or contract for services necessary to fully implement the purposes of this Agreement; 1. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; in. Receive all funds allocated to the Facility from its members; n. To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the facility; o. To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all of its property and assets; P. To sue and be sued, complain and defend, in all courts of competent jurisdiction in the Facility's name; q. To make and alter bylaws for the administration and regulation of its affairs; r. Enter into contracts with future participating members and subscribers to provide correctional services; S. Any and all other acts necessary to further the Facility goals and purposes. 2.0 DURATION OF AGREEMENT- TERMINATION The initial duration of this Agreement shall be for a period of ten (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this agreement. This agreement shall not terminate until all bonds issued by the SCORE Public Development Authority have been paid and retired. SCORE Interlocal Agreement Draft - February 20, 2008 Page 2 of I I 3.0 WITHDRAWAL AND TERMINATION 3.1 Any Member City may withdraw its membership and terminate its participation in this agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in any one- year. After providing appropriate notice as provided in this section, that Member City's membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. 3.2 Three (3) or more Member Cities may, at any one time, by written notice provided to all Member Cities, call for a complete termination of SCORE and this agreement. Upon an affirmative supermajority vote (majority plus one) by the Member Cities, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this Agreement. Upon the final termination date, this Agreement shall be fiilly terminated. 3.3 In the event any Member City fails to budget and provide the required annual membership funding for SCORE, the remaining Member Cities may, by majority vote, immediately declare the under funding City to be terminated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 3.5. The remaining Member Cities may, at their option, withdraw SCORE's correctional services with that city, or alternatively, enter into a Subscribing Agency Agreement with that city under terms and conditions as the remaining Member Cities deem appropriate. 3.4 Time is of the essence in giving any termination notice. 3.5 If an individual Member City withdraws its membership in SCORE, the withdrawing city will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administration Board. 3.6 Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: a. All real and personal property purchased pursuant to this agreement shall be distributed based on equal shares apportioned to those Member Cities still existing on the day prior to the termination date; and b. All unexpected funds or reserve funds shall be distributed based on the percentage of total annual charges assessed by the Administrative Board during the period of this agreement and paid by each Member City. SCORE Interlocal Agreement Draft - February 20, 2008 Page 3 of I I 3.7 Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 3, the withdrawal of any Member City shall not discharge or relieve any Member City of its obligations to the SCORE Public Development Authority. 4.0 ADMINISTRATIVE BOARD 4.1 An Administrative Board composed by one member from each participating city shall govern the affairs of the Facility, and such member shall be the Mayor or his or her designee. Each Board member shall have an equal vote and voice in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Administrative Board. 4.2 A Presiding Officer shall be elected by the Board's members, together with such other officers as a majority of the Board may determine. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to review and present a budget to each participating member. Other meetings may be held upon request of the Presiding Officer or any two members. 4.3 The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the Facility's general operations. 5.0 OPERATIONS BOARD 5.1 There is further established an Operations Board which shall consist of one member of each participating Member City's Police Department(s), including the head of such Department(s) and/or their designee. Additionally, the subscribing agencies shall, by majority vote, elect one (1) at-large member to represent the subscribing agency's police department(s). At the time set for election of the at-large members, only the subscribing agency's representatives, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless amended by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. Each Operating Board member shall have an equal vote in all Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order SCORE Interlocal Agreement Draft - February 20, 2008 Page 4 of 1 I shall govern all procedural matters relating to the business of the Operations Board. 5.2 The Operations Board shall elect a Presiding Officer from its members and shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall be held each month at a time and place designated by the Presiding Officer or a majority of its members. Special meetings may be called by the Presiding Officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the Operations Board Members. 6.0 FACILITY DIRECTOR Not later than one hundred eighty (180) days prior to the completion of the facility, the Operations Board shall recommend to the Administrative Board a person to act as the Facility Director. Such Director shall be responsible to the Administrative Board, shall advise same from time to time on a proposed budget and other appropriate means in order to fully implement the purposes of this Agreement. The Director shall administer the program in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Director shall also act as the Finance Officer of the Facility and all disbursements shall have the prior written approval of the Operations Board. Such Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. 7.0 PERSONNEL POLICY 7.1 The Operations Board shall submit to the Administrative Board within one hundred eighty (180) prior to the completion of the facility, a proposed personnel policy for said Facility for its approval, rejection or modification. All of such modifications or revisions shall have the final approval of the Administrative Board. 7.2 Such personnel policy shall provide for the initial appointment to the Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the participating cities. Additional and subsequent employees, with the exception of the Facility's Director, shall be appointed by the Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees SCORE Interlocal Agreement Draft - February 20, 2008 Page 5 of 1 I Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. 8.0 BUDGET 8.1 The Director shall present a proposed budget to the Operations Board on or before August 1 of each year, which said budget shall then be presented to the Administrative Board no later than September 1 of such year. Thereafter, the participating local entities shall be advised of the programs and objectives as contained in said proposed budget, and of the required financial participation for the ensuing year. No funds shall be expended by such Facility until proper funds have been appropriated by each participating city in its annual budget, and as otherwise provided by law. The allocation of prorated financial participation among local governments shall be the percentage of inmates booked and housed attributed to each jurisdiction compared to the total inmates booked and housed. The percentages shall be applied to the current approved budget less revenue from outside sources. Upon approval of each participating entity of its budgetary allocation for the Facility's operation in the ensuing year, and verification thereof to said Facility, the Administrative Board shall, after public hearing as provided by law, adopt its final budget for the ensuing year. Participating local entities shall be billed bimonthly and payments made on or about the first day of February, April, June, August, October, and December of each year. 8.2 Each city shall be responsible to provide the necessary funding as may be determined by its respective City Council as provided by law. There shall be no obligation or expenditure incurred by the Facility or its Boards at any time until property funding has been appropriated by the Legislative body of eachparticipating city. 9.0 CONTRACTS AND SUPPORT SERVICES The Administrative Board (or the Operations Board or the Director, if so designated by the Administrative Board) shall, as necessary, contract with the appropriate local government for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Director for the Facility. 10.0 POLICY AND SYSTEM EVALUATION The Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall SCORE Interlocal Agreement Draft - February 20, 2008 Page 6 of I I present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall have the prior approval of the Administrative Board. 11.0 ADDITIONAL SERVICE AUTHORIZED The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. 12.0 INVENTORY AND PROPERTY 12.1 Equipment and furnishings for the Facility's operation shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall rest with the respective local entity unless that equipment is acquired by SCORE. 12.2 The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owed by, leased or temporarily assigned to the Facility. In case of dissolution of the Facility, such assigned or loaned items shall be returned to the lending governmental entity and all other items, or funds derived from the sale thereof, shall be refunded and distributed to Member Cities in equal shares. However, to the extent SCORE liquidates all or part of any facility, or its property and equipment, the funds derived from the sale thereof, will-be refunded and distributed to the original Member Cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila. 12.3 Ownership of Real Property a. Title to real property purchased or otherwise acquired shall be held in the name of the SCORE Facility; provided however, that for valuable consideration received, the Facility may convey ownership of any real property as may be approved by majority of the Administrative Board. 12.4 Method of Termination and Disposal of Real Property Upon Termination a. This Agreement shall remain in full force and effect from the date of the Agreement until terminated as set forth in Section 13, or upon agreement of at least a majority of all participating members. Upon termination of this Agreement, all real property acquired during the life of the Agreement shall be disposed of in the following manner: SCORE Interlocal Agreement Draft- February 20, 2008 Page 7 of I I 1. All real and personal property purchased pursuant to this agreement shall be distributed based on the percentage of the total annual charges assessed by the Administrative Board during the period of this Agreement and paid by each participating member; 2. All unexpected reserve funds shall be distributed based upon the percentage of total annual charges assessed by the Administrative Board during the period of this Agreement and paid by each participating member. 13. LOCAL CONTROL Each local government shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the Facility's operations. 14.0 CORRECTIONAL FACILITY FINANCING AND CONSTRUCTION. 14.1 In order to provide necessary services for itself and for subscribers, it is necessary for SCORE to construct a correctional facility. The Member Cities shall contribute to the financing and development of the new correctional facility on a pro-rated basis, each Member City paying sixteen and two-thirds percent (16.66%) of the total cost of development, less contributions from grants, other public agencies, or other sources. 14.2 The new SCORE facility, including all equipment, furnishings, and fixtures will constitute a critical link to the Member Cities and the Subscribing Agencies ability to provide correctional services and assure public safety.,, Subsequently, this new Facility is essential to the preservation of the public health, safety, and welfare. As a result, the Facility's equipment, furnishings, and fixtures are unique and subject to special standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy of the Member Cities is that the new SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the new SCORE Facility shall be exempt from competitive bidding requirements. 14.3 The Administrative Board shall authorize, and the Chair of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Correctional Facility. These contracts shall include, without limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. SCORE Interlocal Agreement Draft - February 20, 2008 Page 8 of I I 14.4 The Member Cities will finance the property acquisition and construction of the new Facility as agreed by the Administrative Board and as provided by law. 14.5 Legal Assistance. The participating municipal entities agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a participating city. 15. FILING OF AGREEMENT Upon execution, this Agreement shall be filed with the City Clerks of the respective Member Cities, the Secretary of State, and such other governmental agencies as may be provided by law. 16. SEVERABILITY If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. 17 EXECUTION This Agreement, or amendments hereto, shall be executed on behalf of each participating city by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance of each participating city. The Agreement, or any amendment, shall be deemed adopted upon the date of execution by the last so authorized representative 18. HOLD HARMLESS The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by the SCORE Facility exclusively. 19. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. SCORE Interlocal Agreement Draft - February 20, 2008 Page 9 of 1 I IN WITNESS WHEREOF, the undersigned herby affix their hands and seals. CITY OF AUBURN By: Mayor ATTEST: CITY OF DES MOINES By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF FEDERAL WAY By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF RENTON By: Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF KENT By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF TUKWILA By: Mayor SCORE Interlocal Agreement Draft - February 20, 2008 Page 10 of 1 I ATTEST: By: City Clerk ATTEST: By: City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: City Attorney By: City Attorney SCORE Interlocal Agreement Draft - February 20, 2008 Page 11 of 11