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:
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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.
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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.
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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
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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
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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
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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:
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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.
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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