HomeMy WebLinkAboutAG 09-159 - SCORE - SOUTH CORRECTIONAL ENTITY (ILA)RETURN TO:
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CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
i. ORIGINATING DEPT./DN:
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❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFF, RFQ)
`❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
� FROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
� REAL ESTATE DOCLJMENT 0 SECURITY DOCUMENT (E.G. sorm�Ln�nDOCUn�rrTS>
❑ ORDINANCE � RESOLUTION
�CONTRACTAMENDMENT{AG#)�'' �� - �INTERLOCAL
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7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL
OTHER REFERENCED EXHIBTTS ❑ PROOF OF AUTHORITY TO SIGN � REQUIRED LICENSES ❑ PRIOR CONTRACT/A
�.R�.�
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� PROJECT MANAGER
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l 1. COUNCILAPPROVAL (IF �PI.�CABLE)
INITIAL / DATE REVIEWED
COMMITTEE APPROVAL DATE:
PAID BY: ❑ CONTRACTOR � CITY
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❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEPARTMENT
0 SIGNATORY (Ctvi ox D1xEC'rOx)
❑ CITY CLERK
� ASSIGNED AG#
� SIGNED COPY RETURNED
COMMENTS:
INITIAL / DATE SIGNED
AG#� ►��►p►
DATE SENT:
11/9
: Re�urn Address:
Penny Bartley
; SCC>RE
,� 1a55' �Grady Way
r` Rentii>ii, Washinaton 98057
�Phaae ¢rint d� ty'pe iefe,vliisSlus WA��IP
. �: ,
I. Zhter Ic�ca I�.�Xeem�r�fi� - ---
3. '
Reference N�mbep(s) af Do�ume�l
Additional reference #'s on.page :�� bf
Grantor(s) Exacdy as qame�S) appe8r o�
L Cities of Auburn�:�'i]es �inin
!: RECORDER'S Cover Sheet (ecwes.oa�
(all areas applicable to your document must be filkd in)
�
, : ;< ` 4_•
i�ned or released:
Z and SeaT Washington
Additional names on page of docum�nt. .
Grantee(s) Exactly as namc(s) appear on doceimerit
I. Pu61ic`'< - ,
2. >
�
Additional na on ppg of dceument.
Legel de3C1't�i�iOrt (abbroviated: i.e. bt, block, plat or section, totit�ship, range) ,:
�Edditiorial le¢a) is qq•'pa��� '- :. of document
ierty Taa PacceUAccount Number
to verifv flie accurd+
❑ Assessor Taz # not yet
1 rely on the info'mietion provided on this form. The staff will not read the dceument
"I Am signing below and�payinp��'addi(iSii1�1 SSO recording Poe (as provided in RCW 36.18.010 and
referrcd to ss an cmergency no�hslandqi�d deeum�nt)e tie'eause this document does oot mcet margin and
formattirtg requinme�ts. FM�'theFmore, l hertbZ undersiaod that the rceording process may cover up or
ot6erwise obscure soa�e p�'rt of the te7it of the origqnal docunwEht u s result of this request."
'4 ' "� .�,, Signature of Requesting Party
� Nott to s�bmitter: Do not sie� above ooe oav additienal S50 fee d tke Aneue�mf:meeta mar¢ie/form�tties reeuiremeet
. ' :., ' •�. .
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:' A�VI�,'1�TI?�D AND ItESTA"�'El
,., C1T'
CITX'OF FETIERAL. WA'Y,
� `�ITY OF �2ENTON� . �:
�.... .;
` CtTY;IOF:DE3 M¢I�iiES,
CITY bF 7'UI�.1�?�I.A, .;`'
CITY OF �iJRIF,P�fi, ; , '
AND
CITY OF SEATAC, WASHINGTON ��''�'
Dated as of October 1 2009
INTERLOCAL AGREEMENT
,
. . ..
TABLE OF CONTENTS
` ` :' paee
�' :` ` Seetion I. Definitions ...............................................................................................................2
. ; :
� , ..
` :: S:ectaon'�. SCORE Facility; Authority ............................................................. ........ 4
: : ; ;. . ...- •:.
' `;.,.: :�Seclion 3, D�uration of Agreement ............................................:
� .............................................. 6
:•.. ; , - :.
` ' Section 4s '
:, .......................... 6
<�:.. , � : With�lraa+.�l and Terminauon ........................................................
.. : . ..,,.:.:.
, . .. , :
�� Section;5. : q�ministrative Bo�rd....... .:........................
....................................................... .. 7
.., , ., , , ,
•.,, . .. : , z , .
: - .-:,:
��ctiari 6. t�petatio�is B:o�i'd.....,;;..:.... .'...:°,�
: ; ,
,.. .... ....................................................................... 9
' ' • :: • .. , . .
•:., .. , . ;;...• ; �•;.
Section•.�F. ;�acility'Direct : , .: ; ..........................................9
;• . .,:
. : .. .. .
� ........�:.�:........•,•cN...r....:a ........................
. . � ; ..
. . :. : . _., :
. .. r ." •: :: . . .i
Section 8. Rersonn Polic '. ' '
, .
41` : `• c:...... �
: Y..;.......:>..........• .. .� ...........................................................:........10
:...: : : : . .- �::.
Section 9. Budget, Policies::find (�peraUd�§ ....::.....................................................................10
.:: ;: ; : ;• :: ,. ,,.,..:. ..,.
Section 10. Contracts arid.,,�uppoit S�.tivic�s ..::....:::........`;............::....;:................................... 11
:• : :• : ,: •, :;. ;
Sec6on 11. Policy and System�Evafuafon •` ' '' " '�' 1�
� .. .�a'.. . .......................................
: ,. ,. : . ,. .., ; : �
.. .. : .: �.:
Section 12. Additional Services Autht�rized.:�.....;'..........:�r.. � ' � 1
Section I3. `Inventory and Property ............ ......... . . ...`:... .... ... 11
Section 14. Locaf' Control ............................ .' ' 12
......:��ar�i .. .. . ..... 'wR�1tR.... .i� . . ......
Section l5. �'�ORE::Facility Financing and Constivction;,S.C�E �a�i#ity Piibl}� :
; ;�evelopznent Authority : •: :: : • � :� ........... 12
•• - <; ; : .
Sectifln 16: Prplimir�ary Costs of the SCORE Facility; Bellevue l'xope#�ty ,c ...:::....::............... 15
�' � •' " .� ••� :.. �::. :. .
SeC'tion �7. Complian�e wittt.Continuing Disclosure Requirements.....:���'... :.................. 15
<,:.,• :: : . <.:.:
Seeiion 18. Filit� of A�ment .......................... :. .�
`' ... 15
g .................................................................
Sectioi'r�•1•.•9.,,_. :: ' '..., °.
, ty . . ,;. ....... ............................................................................. 16
Section 20. Executioi� aiid A�endm�nt ....::.....................................................
........................ 16
• .. :: : .: :: ; •
Section 2L Third P�rty $ :.........::.................................................................. 16
.. ; : . ..;
- •. - . .:
Section 22. Nold Hazmless ..;.......,_<.,........,r......c. ' ' ............................ 17
Section 23. Counte � � �
rParts........ . . .. .,,:, .. ..................................17
. . ..'.�i. . .P.�ZQ36B_DG12005E_01(3 OG2310B . .
� . � . . � .. � �+.
� AMENDED AND RESTATED SCORE II�iTERLOCAL AGREEMENT
`'�HIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT
' atne�ds ai�d:restates the SCORE lnterlocal Agreement, dated as of February 25, 2009 (the
, `.'�rigina3'� Inte�rlocal AgreemenY' and as amended and restated hereby, the "SCORE
;�Fofmatican Inte:rlocal Agreement"), and is entered into this October 1, 2009 among the
�`' Cities„�'�of �':Auburn, �?es Moines, Federal Way, Renton, Tukwila, Burien and SeaTac,
., �Vaslungttin (the, Cities"),,all of which are municipal corporations under the laws
: and:statutes of �he State of. Washitigton;:
: ' R���.'f ALS:
`'•V�fI-IEREAS,'the,#vleriiber Giti'es� aze„a#itti�oihzed by chapter 70.48 RCW to contract
for, establish, and�� mairitait� cori'a'ctional;:�acil�itieS in furtherance of public safety and
welfare; and .
WHEREAS, the.: Meriiber Gitie.s� �CUitently contract with other local govemments
within the State of WasliingEbn fo� correctional;serviees, at a great �x,pense to the City; and
WHEREAS, chapter 3,934;'�RCW, .:�'the � InteFlocal Coapetation Act, authorizes
municipalities in Washington to:en.fer into agreemeiits..for�.the undertaking of certain
projects as provided therein; and �''`
WI-I��tEAS, the Member Cities � enterec�.,ipto a SCORE ; :�nterl�al Agreeipent,
effective Febriia,ry 25, 2009 (the "Onginal Inferlocal dgreeinec�t'�,'tQ fptm a��ovemat►edtai
administrative agency pursuant to RCW 39.3'4,030(3j knovvn as . tli�` Sauth':Correct�+�nal
Entity ("SCORE")'; to establish and maintain a' �dnsolidated ¢orrec��sria1 �cik�ty : tio be
located,:in th�'City af Des Moines (the "SCORE Facilit�!"} tv serve the..Member:Cirits and
federa�"and ; stat� agencies and other local governments tfiat may contract wittt`SC�RE in
the future to pravide:conectional services essential to the presexvati'ofi of ttje public health,
safety and�wel�are; �d ..,.,
�dHE�EAS, ,ttie , Member Cities have determi�d that the �S'EDI�E Eacility will
provide`irraproved correctional'� facilities within the boundaries of the consoliciated service
areas at a low�i total to: the participating Member Cities than curreiitly available
alternatives or°ihati the partici�atin�.I1!�ember Cities could individually provide; and
WHEREAS, ''.• , ft�iancing . for th�, acquisition, construction, equipping, and
improvement of .;#he SCOI�' Faci�if�, will t�., provided by bonds issued by the South
Correctional Enti{'}c, Public De�r.e�op;iieni Authority (the "SCORE Facility Public
Development Author�t�r'�, a pub#ic devel`tip[nent� authprity chartered by the City of Renton
pursuant to RCW 35.2I.730�; thrtiu�,b 35.21:.755:'and; secsured by the full faith and credit of
the Cities of Renton, Aubum, Fedetal, Vittay,,.Sea'Fac, :Tukvvila, and Burien (the "Owner
Cities"); and
WHEREAS, the Member Cities now desire to amend the Original Interlocal
' AgYeement to allocate the proportion of debt service on bonds issued by the SCORE
• Facility, Public Development Authority to each of the Owner Cities and to designate the
�ity of prs. Moines as the host city; and
��� �'� ,.,WHEREAS, the estabtishment and maintenance of the SCORE Facility will be of
�� � substanti�ai benefit to the Member Cities and the pubIic in generai;
�10W �'HEREFO#tE, it i� hei�by agreed and covenanted among the undersigned as
fotlows•
�:
Section :` Def'af�ihons � C�p�taliaed terms used in this SCORE Formation
Interlbcal t�tgree�metit sh�ll Itave thC fo�low��� r�aeapings:
"Ad�inistrafive Boactl" ii�eans tfie board of SCORE created pursuant
to Section 5 off�is�SCO�iE Formation Interkoc�l Agreement,
"Bonds" mean;;coll'ectively, �ond§, notes,c3r Qther evide#rc�s of borrowing issued
by the SCORE Facility P�iblic Deve�opirient "to provjtie zr►terim and permanent
financing for the SCORE Facility� anii ttxereafter �nance'•:ot` refinance equipment,
completion, expansion and ot}ier c;apital iii'ipx'oveme�ts e§seittial maintain the SCORE
Facility's functionality.
"Bu�get" means the budget prepazed by<the•,Facilk'ty DireGtor in c'aasultatio�irvvith
the Operaiioifs..Boazd, and submitted to ttii� Admin#stratiori� Boa�d:�for its approval in
accordan�e with`'�ection 5 and Section 9 of tli'rs,.SCQRE' Fos�nat�a�, Ag�eett►ent,
which hudget shalX:.set forth (a) an estimate of the"costs of .cagital improverrienis reijuired
to be rmade toethe SGORE Facility within the applicab�e year;�(b) line.rite�i ba'sis, all
anticipated:�iev�nues and expenses for the operation ai�ci main;enatice pf : the,'SCORE
Facil'i'ty fo,s'the yeaz, and (c) any information required by'�licies adopted by the
Adminisb�ative:� Bo�id pursuant to Section 9(b) of this SC� ;.�or�rnation :`Interlocal
Agreement.
. means, for each Owner City, that Owner•..�ity's Owner
Pe't�Gentage mu}#ipiied ;by the principal of and interest on Bonds as the same"shall become
due and payabre.::'
"Costs o� Maantena�c�e and means all reasonable expenses incurred
by SCORE in caWsing the 3GORF,'�acilify to' be operated and maintained in good repair,
working order and=�ondition;'and;all costs;of.administering SCORE.
�Designated Repreaentetiv�g" mea�is tlie Mayor or the City Manager, as selected
by each Member City, or his�or her design�e. ;:
� .. �. '.; p:120358_�DGI�I%i.7E_p(S OY/Z3Ki8
2`•.
. . .�,
' "Facility Director" means the director of the SCORE Facility selected by the
` Administrative Board pursuant to Section 7 of this SCORE Formation Interlocal
q�greement.
�"T�ost, City" means the City of Des Moines, Washington.
�'� �"Me�ber Cities" mean the Owner Ciries and the Host City.
�� • :"Oper.atians B6ard" �xl'eans, the boazd formed pursuant
;�� SEOR� Foniiatio�
��;<:
to Section b of this
"OwneK�C�t�es".m�an the'�itie� of Aaburn. Renton. Federal Wav_ Tukwii� Aurien
and
follows:
; Washiiigtor�.
vper Per�eakage",:��me�'a
{a) �ubyin — t�►ii
(b) F'ez�e�l Way
assigned to each Owner City, as
(c} Renton �:'thirty (36°/a)
(d) Tukwila`-.,eight ::' �
(e) Burien — fofir (4%).: � ::
(� SeaTac — three'(3%n) �
"P9i�esiding Officer" means the metnber . of':#he� A�ninis�rativ�e Bqard ..selected
pursuant to Secfion 5 of this SCORE Formatio'n:InterkWCal Agteerpe�,nt :;
`"SC�'1RE" tpeans the govemmental administratiye:'ag�ncy.esiablish�d pur�uant to
RCW.39.34�:03p(3) by the Member Cities. �
`"'�CO�#E l�acility" means the consolidated correc4inn�1 4'acility :��acquired,
eozistruqfed, itnproped,,�q;►ipped, maintained and operated by SCOR�. _:
<: �"�uC� O�`��'scility Public Development Authority" means the Sou#Ix�Correctional
Erility Facilit�a' ��ubli�' � Development Authority chartered by the City' of Renton,
Wasfiington. :'�
"SCORF, Formbtioa� Fnterlocat Agreement" means this Amended and Restated
SCORE Interloctt( Agreemeilt.'amqng�`i#�e It?Iem}�er Cities, as amended from time to time.
"Subscribing°��•�rYgeqcie�" mean'� tt�e :fede#�al and state agencies, municipa!
corporations, and other local;�.�ov�r�►ents, tither thari tlie Member Cities, that contract with
SCORE for correctional seryices at`'the to the terms of this
SCORE Formation Interlocal �iAgreement.:�
3� � �•: P:120.'{58_DG�30058_q(5
•
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'� Section 2. SCORE Facilitv: AuthoritY
:� (a�,:•.., Administrative Agencv. There is hereby established a governmental
�'tl�inisttative` pursuant to RCW 3934.030(3) to be known as the South
;�airec�iq Ertlity ("SCORE"). SCQRE shall initially consist of the Member Cities.
, `;(b) ?Pax�+ers'o.f. SCORE. SCORE shatl have the power to acquire, construct,
;bwn, ope;ate; n�aintain, ei}uip, an�i imp�ove a correctional facility known as the "SCORE
:�:Fac,ility" ant3 ;to p;ovi,de �ora�tional.; services and functions incidental thereto, for the
�'p�.t'pose of �etaini•r►g airresiees and �entenc.ed>.offenders in the furtheranoe of public safety
and eijierpencies:;with'in tlie>jurisdiction the �vlember Cities. The SCORE Facility may
serve th�:' M�m�r ,Cities ac�d Sub�cri�iing which are in need of correctional
facilities. Any ag'reemeiit v�iith a���i�iscribiir►g Agezfcy shall be in writing and approved by
BCORE as pro.v,ided I��iein; .
(c) Administt'ative� The:;`affairs of SCORE shall be governed by the
Administrative $oazd farmezi pur.suar�T to'Section �-ef.this SCOR:� Formation Interlocal
Agreement. The Adminis'trative �oard sh�ll hav� �he aut�ority to;' _
1. Recommend actiqn ta:'the lega5lative .bod,.�es. of the Member Cities;
2. Approve the �`Budget; adopt finat#cial polieie.s and approve
expettditures; ' .
3:''<.. Establish policies for investing and incui�ing� of
Budget items for the SCOItE°•�'scil3ty; : �°°
:`. 4, �. Review and adopt a personnel policy. 5CQ1tE FaciTity,
5. :� Establish a fund, or special funds, as aiiihorized by G�apier 3934
' RCW for the operation of the SCORE Facilit�;."
,,` 6. :','' �Canduci. regulaz meetings as may be desi�i►ated by the
� Ad�inistrative Board; ,
;-' 7. : ; betermiihe wti�t�.services shall be offered at the SCORE Facility
;;: pursuarit the powers of SCORE and under what terms they shall
`'be off�i'ed; :
8. ''<:. Enter into agree'r�tents' with third parties for goods and services
'necessary �o fully imp3ement th�,purposes of this SCORE Formation
Interlo.cal Agreement; .
. . . � •. .�' '. P:120ASE_DG120358_OKS . 04231W
4,
. s.,
__—�
9. Establish rates for services provided to members, subscribers or
participating agencies;
i0.
Direct and supervise the activities of the Operations Board and the
Facility Director;
; 1 l. Enter into an agreement with a public corporation or otherwise to
. ' •.incur debt;
:' 12. ,::. M�Ice ,.�urcha�t's or contract for services necessary to fully
': impiern�nt ; ,2t�e purposes of this SCORE Formation Interlceal
Agrci'ment;:•,,.
• I�3.,:�'� F�►te�r` into, a�`ieem�rits kvitti` and receive and distribute funds from
;any:feder'al;,state or`�tocak.aeencies:
T�:'' R�ceive and funds allocated to the SCORE Facility
fi''om its membe�s; ::
� S. Pl1YC�135Cr' �C¢ r�ceiue, : lease, ta�te by gift,;`or otherwise acquire,
own, ho1d, i,tnpriive,.;�use and. `deal in and with real or
,personal `prapert�, or.'a�y interes� thereiii;'in the name of the SCORE
Facility; ,
;. 16. Sell, convey, mortga�e, :plZdge, ;�ease, �zchange;, trans�er''� and
otherwise dispose of property ari2i assets;
1?. ':. Sue and be sued, complairi"and .defe�id, tn , a11 � courts of ,EOmpetent
�;: jurisdiction in its name; -
� 8. �'. Make and alter bylaws for the adminisiratii'sri` and ,tegulation of its
affairs; .,.,
:` 19. ,:�nter. into contracts with Subscribing Ag�ncies to provide
.,, '� correctional services;
:�0::' .:�mploy.:employees as necessary to accomplish the terms of this
, � SCCSRE�Formatio�n InterlocaI Agreement;
2}:, ��'���tabl�'sh poiicites and procedures for adding new cities as parties to
this $C�JRE�'�oi�mation.:In'Eerlocal Agreement; and
22. �'�'°Liigage in:any and ail: other acES�necessary to further the goals of this
SCORE Fou�iaiion I�tterl+bcal Agreement.
.. � •.•: P:�203SB OG�2IX158_OKS W2�ID8
S'':
" .: �� ' '>`•
;` Section 3. Duration of Aereement.
' 3'he initial duration of this SCORE Formation InterIocal Agreement shall be for a
'` pe�iq� of:'ten.;(10) yeazs from its effective date and, thereafter, sha11 automatically extend
, f�ir �dditinnat �'ive (5) yeaz periods unless terminated as provided in this SCORE Formation
cinterlo�al..Agreement. Notwithstanding the foregoing, this SCORE Formation Interlocal
;�'' Agree.�nen; sha11 no�,, terminate until all Bonds issued by the SCORE Facility Public
., ' UeveYopmient.:Au�i'iority' •.as provide„in Section 15 of this SCORE Formation Interlocal
; Agreement are �o longer outstanding. "`,:
.:Sec iot� 4.: � Withdiawal:��'d Ter+t�insNon.
.(a� Siibjg�t to� Section;'q�`'g) be,lc�w;`'�y Memher City may withdraw its
�� :,•
membership and terminate if's paxC�i•pation<zn tt�is S:CORE Fotmation Interlocal Agreement
by providing vyritten tiiotice and se�ving tl+at., riio•.Ace on the other Member Cities on or
before Decembef 33"�in aiiy orie-ye;►r. Af�ec''pr�,�viding appropriate notice as provided in
this Section, that Membafi City's membc�is�tii� wk#hdrawal shall become effective on the last
day of the year followi�ig d¢liver� and se,r.•'bice of .�ppropriate no�i'a,� to all other Member
Cities.
{b) Subject to Sectioii3 ubo�+e, f�u��'(4) �air r►iore.��vle�ber Cities may, at any one
time, by written notice provided to `all �ti�fendbet Ci�es, cai.l �or teianination of SCORE and
this SCORE Farmation Interlocal Ag�einent. : tJpon an �rc�ativ,e•�su,permajority vote
(majority p��s, one) by the Administrative Bpazc�,,,SCORE�'shatl b� direc'te�i to ter�itii�ate
business, a�d $:�iate will be set for final termination,'whi�h s�all be. �t,.least;. �;f) �reaz
from the date of t�ie vote to terminate this SCC)R� Fo�fr►afion.•Interloc2l Agreeiner►ti. i.Fpon
the fir►a1.'terminatiain date, this SCORE Formati$h� In�erloGal i�greeiii�nt sFiall,•:� be.,fully
termin�ted. ::�
.,' (c),�'�� Subject to Section 4(g) below, in the event any Qwner`City.br ttie I�ost City
fails: to btidget:for or provide its applicable annual funding requ,i,rer�ent� for S�ORE as
praGided. in �ctia�i 1 S-•:h.ereof, the remaining Member Cities may, by : #najority vote,
immedi�tely,;zieclare undcrfunding City to be terminated from this SCORE� Formation
IiiterlocaF� AgreemGiit and to �'�ave forfeited all its rights under this SC�TtE Formation
Intcrl.ocal Agre�ment 1s'�piovided in Section 4(e). The remaining Member Cities may, at
their �'option, S�OR�'s conrectional services from that City, or altematively,
enter into"a Sub�criUing �gency�`agreeri�ent with that City under terms and conditions as
the remaining Memb�r. Cities•`c#�em approRriate.
(d) Tim'e.,is of tlie:esse3►ce 'ii�agiving ai�+ termination notice.
{e) If an individiial 'Qv�er CiCy withd�raw�: its membership in SCORE, the
withdrawing City wil! forfeiE and:all it tnay.�hav�.to SCORE's real or personal
.. .. . r�xa�se_o�zoasa_oKs
�'� :
aert�os
��.
; :property, or any other ownership in SCORE, unless otherwise provided by the
Adpiinistrative Boazd.
:' (t},:.. Upon termination of this SCORE Formation Interlocal Agreement, all
�ropertyacqui�ed during the life of this SCORE Formation Interfocal Agreement shall be
;`dispos�d.,of in the following manner:
. ' ' 1.; '� �AII real and ,personal property acquired pursuant to this SCORE
:�ormation':Interlacal A�reement shall be distributed to the Owner Ci6es
' , th� O!w,tier Pec�centages; and
' 2. ;:'Al1;�uiiexpecC�d fitt'ids ofi� reserve funds shall be distributed based on
.: :. tti'e gerce�itage of a�+etage d�ily .,population at the SCORE Facility for the
:. las't'threea`(3��years prior to �e t�rmination date of those Member Cities still
''� existing d,�y p�or to t1ae,:teii�ltination date.
(g) Notwithstandi,�ig ac}y o��t'1►� ot�ier rights, duties or obligations of any
Member City under this. Seetion 4, tiae wi�fhdrawa�,•o£:any Owner'��ity from this SCORE
Formation Interlocal Agteement shall not disck�arge or'•.relieve;the;'Owner City that has
withdrawn pursuant to Section'4(a}` or., been .termin�ted':purs�,t.;'to Section 4(c) of its
obligation to pay debt service on•.�qnds: issued•'by the SCOlZE P'a�il'ity Public Development
Authority. An Owner City may be re�ieved a�' its.�oblig�tion �ndei this SCORE Formation
Interlocal Agreement to make paymeatts.''w'rih respect to iEs Gapita]-���ontribution if the
Administrati.�±e Board, by supermajority vote (ma,�cuity pliis oiie),•:'authoriZes such'"relief
based on a,.fnaia�g that such payments aze not fequired:;o pay d'ebt se�vke�, on`•$onds''issiied
by the SCORE Facility Public Development Aut�oritar: ::� .'
� ' �i�:.5. ': Administrative Board.
,��� (a),,� ��ormation. An Administrative Board com�ose'd� of the �' Designated
Rep�esen;�tive>from:�each Member City shall govern the affairs of.�GQR�: .,•'
.�,b) ;'' Alloca6on oF• Votes. Each Board member shall have �a�c►.;�equ,al vote and
vqice in`2it'$oard decisions. '
(3) empl�oj�'riment pf the F�ilit't,es
Bonds pursuant s to "$e�tion.,�1 d
{5) approval of Iabor con�ract
(majority plus one} the.lvlem
second highest average�daily p�
ending June 30 of the prece�ing
{2) the addition of additional. s�
Interlocal Agreement not direc
nt,s. regarding (1) debt; (2) approval of the Budget;
E)irectoF; cost allocations made prior to the issuance of
of this $CORE Formation Interlocal Agreement; and
shaYi reguire an affirmative vote of a supermajority
er G'ifi�sx� t�ub (2) of which shall have the highest and the
pulation'in.�the;SGORE Facility for the t2-month period
!ear. Votes regarding (� ) the conveyance of real property;
vices:•..pursuarit to � 1 of this SCORE Formation
y incidental;`to c�rrectional''se.�vices (such as providing
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� coua't services); and (3) matters addressed in Sections 4(b) and (g) of this SCORE
; Fotmation Interlocak Agreement, shall require an�rmative vote of a supermajority
�(�a1ority plus one) of the Member Cities.
` {tl) •:. Parliamentary Authoritv. Unless otherwise provided, Robert's Revised
� ,�` R#iles, Ordeir (newly revised) shall govern alI procedural matters relating to the business
;�'� qf the A�nini.strative Board.
,. f �� � . .,.....
; � Board shall' �elec
"�.s a �ajoritj� of
Admi'nisiPat�ve �
control• the bu
Boazd, the s�gnat
�istrative Boazd. Members of the Administra6ve
from its members, together with such other officers
��d�.�may determine. Subject to the control of the
>ffcer �sh�ll have genera[ supervision, direction and
5C0 ;,�..'(� matters decided by the Administrative
�fficer a�one: is su�icient to bind SCORE.
(fl ���IV�ecstSngs of th� Ad�aiinistr�tive ��oazd. There shall be a minimum of two
(2) meetings each yearb an��' not �ess ;fl��n' fif4�een (15) days notice shall be given to all
members prior to any such ta�eetir�g. [�nless otherw�se:•.designated•`by the Presiding Offtcer,
the first meeting shall be••held an the seeond`Tuesday of.Februlry ,of each year to review
the prior year's service. The second�`meeting sliall b4., on tFie sec�nd Tuesday of September
of each yeaz to consider and a$bpt.'a Budge't tbr the failovirin����scal year. Other meetings
may be held upon request of the Pres�sling: O�cer' or atiy, iwo`me�nbers. All meetings shall
be open to the public to the extent reyi�ir�d bX ch,�pter 42.30 .•
Five �(5) of the Administrative Board. must be present=�t any me,eting of
the Adm•inistrati'ke Board to comprise a quotum, ,�rid '�'or ,3he .A�riinigtratrtve Boat�d to
transact,any busineSs. Proxy voting shall not be alTowed. MerFibers of't`he A�dministtative
Boazd may p�:ticip�te in a meeting through the use of. any rrieans-�vf:: com�nunica�ion by
which:�alt meml'iiers �r►d members of the public participat'iitg ir�:.suc:h cneeting can heaz each
other: during th� mei�ting. Any members of the Administratl�e Boazd p�articipating in a
meeting bFq suEh m�ans is deemed to be present in person at tite.nneFtin� foi atl� purposes
inetuding, but:not Ixmit�d„t,o, establishing a quorum.
` (�)�' B:'laws. The i�Edministrative Board shall be authorized to'`e�t�blish by[aws
that.,�ovem pro�edures,o��t�at �oard and the SCORE Facility's general operations.
��(�ti)'" � Admitiistr, Hoerd .Review. A general or particular authorization or
review and conciure'r�ce�of tfie'Administrative Board by majority vote shali be necessary
for al1 capital exp�nditures �r'r.�ontcscf� in excass of $50,000.
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:� Section 6. Onerations Board.
(a) Formation. There is further established an Operations Board which shall
'' c�hsist o�' up.to nine (9) members selected as provided in this paragraph. One (1 J member
, sfiaU be desigii;ated by each of the Member Cities, and up to two (2j at-large members shall
;�be �'selected, by majority vote, by the Subscribing Agencies to represent the police
:�'� depart3nents af' the _S,ubscribing Agencies. At the time set for election of the at-large
., '� riiemEiers,��only tl�e rep�;sentatives of the Subscribing Agencies, then in attendance, will
:participate in�the election: : The 14iemtie� Gities' Operations Boazd representatives shall not
�:...parxicipate iii the �-large me�akser elections. The at-targe members shall serve one-yeaz
fe�ins, .rinIess #ithe�wise deterrnined;�iy majoFity, vote of the Operations Board. The purpose
and dWtiesofthe,Opexatioiis:$oard�s�a11.;Iie established by the Administrative Board.
{b) �.. Vofin,�an",_d =Mee�i'�t�s of �I►e'��D,peiations Board. Each member of the
Operations Baud sha11 h�ve an equal vqrte iit Operations Board decisions. The
Operations Boaz`il :be authori•�ed ta�� a$ta�lish bylaws that govem its procedures.
Unless otherwise provided, Robert's Revised I�ules of Order shall govern all procedural
matters relating to the bt�Siness of Operatio�is Bpar•d., The Ope�ations Board shall elect
a presiding officer frorn its��memhers aind,shall'lil�ewise determin� the time and place of its
meetings; at least one (1) regu{ar meeting s�iaF1 be held e'ach moi�4'h at a time and place
designated by the presiding officer or a;majtlriCy of•its`ir►ert�ber.5::: meetings may be
catled by the presiding officer or any �vo (2).ine�ibers �q�tin all other members not
less than 24 hours prior written notice�.:(��ectron� or facsir�ile tioti�,e�•�ceptabie). In an
emergency Operations Board may' dispense.,,.with wiitteri natice requireme�fs:.for
special rn�etings but must, in good faith, �mplemeitt b�st ,effotCS.. to: fair Ac►d
reasonable notice' �to all of the members of the< Board meeti�gs,shaF1 be
open to fhe public to,the extent required by chapter ��.3Q'RCUV. "�"
.� A m�jorily o�'the members of the Operations Boari�'mu'st b� pr4sent;:at any �eeting
of the Operations Boazd to comprise a quorum, and for the Oiperations HoarEi to
any,�iusiness. Proxy voting shall not be allowed. Members of tt�4„�era�iops &iazd may
par•.ficipat'e in.: � meetin�•�rough the use of any means of commur�icatioA by `which all
members and mexiib..eis of t#�e public participating in such meering�`�an Aear�each other
during tli'e•fneeti�g,•` Any me�bers of the Operations Boazd participating'i� a meeting by
such is 4}eemed td tse present in person at the meeting for all purposes iticluding, but
not [iii�,ited tg; establishin�•a qqon�n,• �.>,.
Section �i '•:;FrtcilitX�Director. ":
Not later ti�n one,;kiuctdree#'�eigf'tt�! ��18!�) prior to the completion of the SCORE
Facility, the Operatioits $o�d s�all recoinr�ien�i to t3�e Administrative Board a person to
act as the Facility Director. 7'he'�t�,�tninistrttive Bo2iid tnay accept or reject the Operations
Boazd recommendation. Suc:h Facili{y..Di#ector shail be re�ponsible to the Administrative
Board, shall develop the Bui�get in: consulptio� wiEh t.�e C)perations Board and other
. v� o�v«�se_oKS oerr.�ae
�'••.., :�
. • .,
; appropriate means in order to fully implement the purposes of this SCORE Formation
` Interlocal Agreement. The Facility Director shail administer the program in its day-to-day
� operafions consistent with the policies adopted by the Administrative Board. Such
F�ciiity �uector shall have experience in technical, financial and administrative fields, and
.fiuc� appoinfiiient shall be on the basis of inerit only.
� � Section g. Personnel Poticv.
� �a) :' :The Operations B6ard` ghall submit ta the Administrative Boazd within one
;� huiidred eigt�ty (18fF).. da�s �or to �e completion of the SCORE Facility, a proposed
`�personnel policy.for the SCORE F�cflity,.�oa. approval, rejection or modification. All of
such.modifiCatiQr►s gr revisi'ions s}ia•�1 �`�subje�t to the final approval of the Administrative
Board:�.
(b) '<.Such ,persanne�`po2icy sha�l for the initial appointment to the
SCORE Facility'•s,sraff ft'om t}ie peFSOnnel��'pi'esexrtly, permanenfly appointed or assigned as
corrections o�cers in ti�e M�mbe�'Citi+es:` iAdditional employees shall be appointed by the
Facility birector upon �neeting the qu3tifcaticjns �st�b]ished by t�tte.Operations Board and
adopted by the Adminish�titive �oarc�. Non� of such employees sfiail be commissioned
members of any emergency secvice tie elip�ible for meii��rship under the Public
Employees Retirement Systems:.(PER�), ot Public" Safet�: E�p�pyees Retirement System
{PSERS), as provided by law.
Sec ' n 9. Budeet, Policies . and Oaerations. �
(a)� Tfi� Facility Director shall distribute,a' pt�posed ��{� tti� O�ieraCions
Board op or befor� August 1 of each yeaz, whic�i' Budget; shafl then' provi�'ed io the
Adm'uustrati�c>Boa�d no later than September 1 of snch T�ereaRex, t}ie I�d'ember
Cities of the programs and objectives��as �con#ained in;� said gtoposed
Budget, and of �e r�quired financial participation for the ensu[pg year.
(b) .: �The.;�Administrative Boazd shall develop financial� pvlic'ies ; for SCORE as
p�it of 3he b�dget�ry process. Such policies may include, but aze not lim�ted to, (1) items
to, be pro�v�ided for.:in the Budget, (2) a minimum contribution amount fiir. �ch Member
City to pay fvi ; Cost�s`�of Maintenance and Operation, (3) the process for allocating
unexpgnded atnounts. ihe M�xpber Cities for Costs of Maintenance and Operation
and asse5�'ing t}ie IY�ember Citi�s in �t�e event of cost overruns, (4) establishing and
maintaining reseive `�ccounts,. any, and. (5) the process for adding a new party to this
SCORE Formation Interlocal �gr�e'ment. .� :
(c) The alT�►catiog of:�rorated`'friane,'i'al participation among the Member Cities
shall be calculated as providei�,, i,�. Section .i5 hereof. Each IVlember City shall be
unconditionally obligated to provide its. allbcabYe s�Zare of �osts as provided in this SCORE
Formation Interlocal Agreemenl,
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Section 10. Contracts and Suaport Services.
�'(,a).:.• The Administra6ve Board (or the Operations Board or the Facility Director,
, if so designated by the Administrative Board) shall, as necessary, contract with local
,;:��go�verc�ents for the use of space for its operations, auxiliary services including but not
,� limitgd to: recards, p,�xroll, accounting, purchasing, and data processing, and for staff prior
., � i'o ti�e sel.�ction o�a FaC'tlity Director for the SCORE Facility.
:(b).�' ;; �`The;�iv�mber �Yties he.�eby agree to fumish legal assistance, from time to
``time, as appzoved' by,, the Administ'r'ative Braard. T'he Administrative Board may contract
with t'he City Aftorney of •a, Mem�er Gity, o�hes local government, or independent legaI
counsel�.�s n�ces5ary'. �
,:.�;
The Facility Director
and opportunities toward the
services so as to provide'•�na;
public. The Facility Director
Board from time to time. A
and �ontinualty consider and evaluate all means
�t c}f operations effeati�r,gness for correctional
�Itit3�ate benefrts to th� members of the general
t l�is'or hex, recommeridafions to the Operations
ve ehange oi deuiation, from established poticy
shall be subject to the prior appmval o,fthe`Admuiistrat#'ve�Bqard,;�
Sectioa I2. Additional Services A�utLartiied.
Tkie Admii�istrative Board shall evaluate.,and the,,,�ropr�ety;:of i
additional correcticinal services for local governments;�whene..�+er so required,
determi�ie the'�eans of providing such services, together �vith:its c,c�ts::and effects..:�`T't►ese
additiei'nal servi�es rpay include, but shall not be limited��o tl�e fqllovbing;� alEerna�tives to
incarceraticsn, irimate transportation systems, and consolidated izourt servic�s. ;'
ction 13.;� I►,�u ,ntorv and Propertv.
(a�•''� Equjpment for the operation of the SCORfi` facility shall be
acquired by S�O as ptovided by law. If any Member City fumishes'ec�uipment or
furnisl�ings fpr S�OR;�'s iise, titIe tcr•.t�e same shall remain with the respective local entity
unless tliat equipii►enE is acqui;ted'by SCORE.
(b) Tlie Facility,p��ectpr s�tall, ,�t t}ie. time of preparing the proposed Budget for
the ensuing year;"submit a compiete inventory together with
current valuarions of^'�11 eguipinent an� fumi�hings. owned by, leased or temporarily
assigned to SCORE. In case•.of cl��plution SCOI2E, `such assigned or loaned items shall
be returned to the lending gdvemmerit�al e�itity and•; all Qthei`� items, including real property,
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09/731D9
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or funds derived from the sale thereof, shall be distributed in accordance with Section 4(�
above.
'(e),:.•: Tide to real property purchased or otherwise acquired shal! be heid in the
, nacrte of•5G01�; provided however, that for valuable consideration received, SCORE may
;�o�ivey..�wnership of any real property as may be approved by supermajority vote
;;' (majority plus one) o�'.the Administrative Board.
.� Sec�tio�-n .Local Coutt�ol: '''.
:�Each �Vtem�'ber' City and S�'bscribicag,,..Agency shall retain the responsibility and
autho�ity for;the;operatio�3 af its po�iice.departix►e,.nts, and for snch equipment and services
as are rec}uired at`.,its,•piace of operati�atl'�Eo uti�i2e Facility.
. �•
— -- ;.., ,, ;
(a) SCORE Faci}iri. : In order.;'to grovide�•�necessary �exvices for the Member
Cities and the Subscribi�ig' Ageiicies; S�OR� stiall ac'quire, cpnst�uct, improve, equip,
maintain and operate the SCORE Facility. The SCORE Facility�is:i�xpected to be located
in the City of Des Moines, Washingfon.•� �
(b) Contracts for the SC�RE �aciEitv. Tfie :��Ad�nin}stratave Board shall
authorize, and the Presiding Officer of the .Qidmi�,isstrative:$o�rd, �ir his ar,her applroYed
designee, : �vill`'execute contracts for the developmeii� a�' thC SCQI�: ,:'T'hese
contracts;`shall ��`�nclude, without limitation;�e fot ar��itectuial :':design ;�and
engineering, projeci.management services; reat es#a'fe acquisi�ion; and coYistruetiod. .
;� (c) ;`� SCORE Facilit}+ Public Develooment Auftlorit�. Ii� order to fi,nancae costs
of acquiring, constructing, improving and equipping the SG`ORE''Facili�y, of
Renlon has chaitered the SCORE Facility Public Development Au�ority:� T►ie piirpose of
the.;` SCQRE Facility Publ Development Authority is to issue B;�nd§ in fi#iance and
. refinance ttye acguisiiion, � construction, improvement and equippi�g c�f tFie SCORE
F"acility. "'�#'lie A�inistrative �$oazd shall serve ex o�cio as the Board of�Dicectors of the
SC�RE Facili(y t'ubliE'� T�evekopment Authority as further provided in th'e Authority's
orgarii�ational�' cl�arter. ;Upon issuance of Bonds by the SCORE Facility Public
Development A��hotity, Bond pzoceeds �shall be deposited on behalf of SCORE and used ,
for the purposes: herein. SCOI�E shall be obligated to make payments to the
SCORE Facility Eublic De�?�lopm�nt''Authori the time and in the amounts required to
pay principal of a't�d intexest'� on .;the $nn�is .and;,'•any administrative costs of the SCORE
Facility Public Devel�jrtrient,;Authority. �"'
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(d) SCORE Facilitv Financing.
(1) Capita/ Contributions. Each Owner City shall be obligated to pay
�� �i, amount equal to its Capital Contribution without xegazd to the payment or lack
•f�iereof by any other Owner City. No Owner City shall be obligated to pay the
� ,,. Contribution of any other Owner City, and each Owner City shall be
:' o}�ligated to,budget for and pay its Capital Contribution_ The obligation of each
� •:` Q�vnex Gify to''pay its Capital Contribution shall be an irrevocable ful[ faith and
c"redit aEiligation of such City, payable from property ta�ces levied within the
:�on�ti4Utioq�at°;and statu�ory au;thority provided without a vote of the electors of the
.� Ovmei Cify or� all;o�'the t�table gxoperty within the Ovmer City and other sources
:� of'revenues ��ailable theref�r. �ach (�wner City has or will set aside and include
�`'�:iri its calcy�'atio�i o.t' outst�i�ing , nanvoted general obligation indebtedness an
amoiint equal ta� the prinoi�pal compon�nt c�f its Capital Contribution for so long as
Bond's• of such payment in accordance with
Section`4(.g�:'� Eaeh Owner,City's;obl'i'gation to pay the Capital Contribution shall
not Ue contingen# on.ihe receip� o�',any, from otlter sources, including but
not limited to Sqbscribinp� Agericies or the �3osL,City.
An Owner City,:`may`pr�pay:��it3` Capital Contributipn in a manner that is
consistent with the aut}iorizing,:docuttt�nts.:for':the.�Bo�t3s.;�provided, however, that
any such prepayment of �one::nr rnore Qv�mer��Cities� shail not affect the Capital
Contribution of the remaining�Ow..ner:Cit�ies. Any'O�vner City•th�t elects to �repay
its �2pital Contribution shall be'responskb,�e, for p�ying a}i costs'`�8ssociateti'with
sucl► piepayment.
(2) `�:. Costs ojMaintenance and`"DperQtio�i: Siibject'td' the'terii►s .of the
:'financial poY;cies established by the Administra�ive:$o.�rd gvrspant;o Szction 9(b)
::`of tfiis �:�CORE Formation Interlocal Agreemetit, each ., Mepnberr` Crty Shaq be
:' obligatet� to pay its allocable portion of Costs of Maintenance and of the
•` SCOR� Fac�7ity, including any debt issued to finance suck�„�Qsts in
t2us su�isec�ion., .„:,.
•� • �:" (i) 'Until the end of the first calendar year of ispex�tions of the
�C�7R�,��acilit}i (estimated to be December 31, 2012), the all�cable portion
:`that each lviember Gity_ shall be obligated to pay of Costs of Maintenance
•�� a�id (�peration.' in such �'y.ear shalI be equal to the Member 'City's 2007
average,, population in all correctional facilities (as pmvided in the
S�ORE finaheial poliGies} mnitiplied by the Costs of Maintenance and
Op�xation. ; ` �
(ii) : Cainmencing' with t}ie �catendar year following the first
calendar year' opera�tions, tlie allocabie ; portion that each Iutember City
shall be obligaYed to pay.of Costs�of 3GlarntenanGe and Operation shall be
. 13: . '. r �zo3se_oa�za+se_aKs
• .: , ' >'•
o�aaro�
based on the Member City's average daily population in the SCORE
Facility, as supplemented as necessary with the average daily population
allocable to the Member Cities in all conectional faci(ities, for the 12-
month period ending June 3Q of the preceding yeaz.
�� (iii) Commencing with the third catendar yeaz of operations, the
� :allocable portion that each Member City shall be obligated to pay of Costs
, ' �'of.:Mairitenance and Qperation shall be based on the Member City's average
; daily popu�ation i�f� ttie :SCORE Faciliry for the 12-month period ending
' ::`Jun�,�3�l..of the ptecedin$ year.
�:
:(e}' ;' B{ilin�and�Ailocatib;► of''�teve�es. Each Member City shall be billed for
its Capi3i�1 �on�rib,utio�;' ant� its �ortion o�` Gosts of Maintenance and Operation, as
applicable, op a semiantiva�<'bas$§�:t;r moro; frec};uen#]y as deterntined by the Administrative
Board, calculatt.ed as�rovided fOr iri`.Section' 15(c��'above. Revenues received in a calendaz
year from Subscrihi�lg Agenci:es or.�rom si�u�ces. other than the contributions described in
Section IS(dj above sh.all be allocated`�airi'ong�'the Member Cities as follows: (i) each
Member City shall receive a' credit agtiinst•:'its pbli�ateon to pay Cio:gts of Maintenance and
Operation based on that Member�ity's pxoportic�nal average daily pq'pulation as calculated
in Section 15(dx2) above, and (.ii) e�h �wner City shall receive'a;,ctedit against its Capital
Contribution based on that Own'er City's propctttional �wn�r P.e�eritage.
(� Host Ci . Pursuant fa•. 35;21.740, the� Ci�y o#:-Des Moines, as the
Host City, h�reby authorizes the City of RBntoi� t}fe SCORE'`�acility �blic
DevelopmEnt tl�uthority within the corporate �imits of't�e �ity..:of Ues �ine§ in a tz�anner
consistent`with ttii� terms of this SCORE Fomiation �nte�locaI Agxgement: The �ost?City
shall en#er into a��'.written agreement with SCOIZE arid �r►y of tti'e"'Uwner Cities, as
applica�le, tg�'�*stabT}sh a host city fee to be paid in eiichaiiangg for, t�e avai,�abiiity the
SCORE Facility. •
:` (�r� Tax-�xemption. The Member Cities shatl no[�>l.�).�take�� a�y �se of the
proCeeds;`from the 5ale of..$onds or any other money or obligations a#'the SCORE Facility
P��lic �evelopmcnt,.Authority or the Member Cities that may be deem�(i tc3 be of
tF�e Boncfs �ursuaiit:to Section'.148(a) of the Code that will cause the BondS •xQ tie "azbitrage
boi'ids" within �e of said Section and said regulations, or (2) act or fail to act in a
manne;. that,:'wi�1 c�use the.� Bouds,,,to be considered obligations not described in
Section'1"03(a} oEthe;Cod�. s
(h) Additional F3ntincin¢. `•.; Natwith,standing anything to the contrary in this
SCORE Formatioti>,Interlocai� Agteemigntx bond�; notes or other evidences of borrowing
may be issued from t'iine" to tjme.'by the S��RE Public Development Authority or
another issuer pursuant a sepazate,agreement between��:one or more Member Cities and
other entities to provide additional fttznc'1ng for tkie SCORE Facility on terms as agreed
upon by the parties thereto. �
. . � . . � � '. �P:�B_DG1T035E OKS 0973109
1 �':
(i) Speciat Facility Designation. The SCORE Facility, including ali
;• equipirient, furnishings, and fixtures is critical to the ability of the Member Cities and the
Siib$cribiqg..Agencies to provide necessary and secure conectionai services and assure
, �SUb1ic sa�ety:'�. Consequently, the SCORE Facility is essential to the preservation of the
, health,;:safety, and weifare. As a resutt, the SCORE Facility's equipment,
:' fumisiiings, and fixtures are special facilities subject to unique standards. Accordingly,
, � t�ase� on.;the,=fact5�pres�nted in this subsection, it is herby resolved that the established
:policy o�'the 1V�ember C'ities is.ttiat�'t#�e SCORE Facility constitutes a"special facitity"
:� under KCW 3`9.04,;28A(l�b)a-��nd all`�purchases of any kind or nature for the SCORE
"Facility slfal� be� exempt : ;from Coiinpetit�a�e bidding requirements as prescribed by
Washingttin State st�iute.:bat shall`�be gdvernet1 by the procurement policy established by
the Adin�nisrrative Boarc# as amendd�d"�rom time.
4
The Administr�tive , s}kaIl .°allocate costs associated with the design,
acquisition, consq�uctior�,. i�provement and ec}uippjc�g::of the SCO�.E Faciliry prior to the
issuance of the Bonds by•�the SCOR� Faciliti}+ I?•ublic Deyelop�iien4:'Authority among the
Member Cities by an affirmatiy..e vctfe of a sitp.ermajority (inajori .ty one} of the of the
Member Cities, two (2) of whfeh Shal�� haye �he taig}i;test And second highest average
daily population in the SCORE Faci�'ity for;the .:t2-mbntfi perio� ending June 30 of the
preceding year. Any costs of the SC�iZ�''Facility paid by a:Met�be�.Ei�y pursuant to this
section may be reimbursed out of proceeds of:Boii�isto the yicter�i pe�rmitted'�y law. ,: '�e
T�Se Memt�r Cities hereby agree that ariy. �'r'oc,�eds'rece,i,v„ei1 frqir► tlie s�e a£ the
property located at =1440 116�' Avenue NE, Belleviie, Washington ari�`7�t 12 i' 16'� Avenue
NE, Be�levup;��?JVasliington (estimated to be approximat�Iy,:S3;i80,U00} shal� be deposited
with SCOI�E and ; used to finance costs associated `=wit� t}fe , desigii, ,�acq�isition,
cons�ruction, i�rjprovement and equipping of the SCORE Facility. "'
.ection 17.;'� taoliance with Continuin¢ Disclosure Reciuir,�n�nts ��
�_ . �
T�•the exte;it necessar j! to meet the conditions of paragraph (dX2)'bf �nited States
SeCUrides and Rule i5c2-12 (the "Rule"), as appiicable to a
partici�ating.tindeiwriier ¢r remazketipg agent for Bonds, each Owner City will enter into
an undeit�ing 1n �` fo�1r► aoc�ptable 'at the time to the participating underwriter or
remarketing agerit, as�th� cas� �i'iay be.
Seetion 18:: Filine.of A¢reeigenY .:' �
Upon execution, this SCO,tt� Forchation Iritei'Incal Agreement shall be filed as
required in RC W 39.34.040. ';
. . . � ;� ' :. P.110358_DG1p35B_p(S .044308 � .
1S:
�� Section 19. Severability
;`ff, any part, paragraph, section or provision of this SCORE Formation Interlocal
Agreem�'nF• ••is adjudged to be invalid by any court of competent jurisdiction such
„ ,�dkadic�tion shall not affect the vaiidity of any remaining section, part or provision of this
; �'SCORE•�ormation Interlocal Agreement.
., � ' Section �►. �Execution and Ame„ ndment
:Thi,s� SCOA.��`Forn7iatit�x3 Interl+�cal Agreement shall be executed on behalf of each �
�Tv(ember City by:its I�esignated Repteseniat'i.ve, or other authorized officer of the Member
City,:�and;`putsu�t►t to' an Ap}'�ropriate• mntion, r�solution or ordinance of each Member City.
This S�bR� Fornratiori� Interlocak'�igreeq;�iit be deemed adopted upon the date of
execution b}�:,the last sq`be,signateil.'�tepreSeritativ��or other authorized officer.
This SCf?� Fnimat;�n Iriterlqc� may not be effectively amended,
changed, modified or altere�, except ;#�y an i�strument in writing duly executed by the ,
Designated Representa'tj.ye otller autharized o��, ; of each N#ember City and pursuant
to an appropriate motion;'resol�tioq'or of each Member City, so long as such
amendment does not materiall� ad�rerseTy affe,ct the of the �onds or affect the tax-
exempt status of the interest p�id or� the�B:onds:�' Ff th� &a►dS issued by the SCORE
Facility Public Development Autliority are rated'`by a��r.at'ing ag�ncy, then no amendment
that adds or removes an Owner City frgxn this SCORE For}.r►ati0n Ini��local Agreement or
revises Se�tion 15 of this SCORE Foiznation iu�erlocal:��Agteereient shall be pei'i�itted
unless tlie �S�ORE Facility Public Developmerit Authority°�:: has, rec�ived .;` w�tten
confirmition froti� the rating agency that sucfr�amen�ineiit vyFill not r`esu1C in '� rec�ucti+�n or
withdrawa} of the'�ting on the Bonds. If the Bonds aie nat rated by "�°rating agency, then
no such ameri'timerit as described in the preceding senfgnce will Ue..permitte`d u�'►►less in the
opinion of•.the;SCQRE Facility Public Development Aufhority such,;ame�dment:'will not
materially'adv�rsely affect the owners of the Bonds. " �
; Secti�on 2 ` ,.'�bi£,d Psrtv Beneficiaries .�. ,
`. .�`�`he SCOI�E Facility':Public Development Authority and the hoFtlers'from time to
tiii^►e of the �ontls sh�ll�;:be Chird party beneficiaries hereof and the commitments made
here�i for th�ir f.urther bep�fit,
. . .. '� � ' :P:120358_DG120ISGB_OKS �0s29iW .
�ib :
i
:.,, � ��.
' Section 22. Hold Harmless
� The parties to this SCORE Formation Interlocal Agreement shall defend, indemnify
and sa�e one another harmIess from any and all claims arising out of the performance of
' th�s ; SCORE Formation Interlocal Agreement, except to the extent that the hum
complairis�d'•a�f arises from the sole negligence of one of the participating members. Any
, los5 or liability resttlting from the negligent acts errors or omissions of the Administrative
°'Boarci;'�rations Boatd, Facility Director and or staff, while acting within the scope of
�'� tlieir::autl�rity' undei^� .this SCORE Formation Interlocal Agreemenf shall be bome by
�� SGORE �xclpsively.
:�ec `ioin 2 . �,�odut�ei'Dart�s,.,>'
. T�is SCORE`�For�na� ,
counterparts;. each.,df wl,iom
and the same'instrument. :
IN WIT'NESS V4�HEREOF.; thc�;,pa'rties� have executed this SCORE Formation
Interlceal Agreement as: of tl� day.'and;yesi first written above.
C F . . ; GiTY �RENTGkN ; :.
� �
BY: _/v� ��, '� ,;: ;.#��-L.a 2
CITY O�� MOINES '�. CTl"Yl OF T[7KV�II.�
_� �.�
i�V�
�i . ii�,
C�J
By:
it may be executed in any number af
those counterparts will constitute one
�.�.�r '
��, j', �" . ,�'
��� ��� �
� ��
/ ,�
%I.: .. . F.�b_DG1Z0358_OKS '08Vm09
�1�
,,.
DATE IN:
1.
2.
4.
I DATE OUT: I TO:
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP
ORIGINATING DEPT.IDIY:
CITY MANGERS OFFICE
ORIGINATING STAFF PERSON: BRYANT ENGE
EXT: _2510 DATEREQ.BY:
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
o PROFESSIONAL SERVICE AGREEMENT
o MAINTENANCE/LABOR AGREEMENT
o PUBLIC WORKS CONTRACT
o SMALL PUBLIC WORKS CONTRACT
(LESS THAN $200,000)
o PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
o REAL ESTATE DOCUMENT
o SECURITY DOCUMENT (E.G. AGREEMENT &
PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
o CONTRACTOR SELECTION DOCUMENT
(E.G., RFB, RFP, RFQ) .
o CONTRACT AMENDMENT AG#:
o CDBG
)'.OTHER INTERLOCALAGREEMENT
6.
5. PROJECT NAME: SOUTHCOUNTYCORRECTIONALFACILITY
7.
8.
9.
10.
11.
NAME OF CONTRACTOR: SCORE - SOUTH CORRECTIONAL ENTITY
ADDRESS: 1055 SOUTH GRADY WAY ,RENTON, WA98057
SIGNATURE NAME:
TELEPHONE 425-430-7565
TITLE
ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE -.' '0
TERM: COMMENCEMENT DATE: 2/25/09 COMPLETION DATE: :719'<='>:) \q '-y~"f(jrs~1 ."
o u~vt; uJl to<:,
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) 4{N' MfVl (J tp J
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) WVl ~
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY
CONTRACT REVIEW
o PROJECT MANAGER
o DIRECTOR
o RISK MANAGEMENT
o LAW
INITIALIDATE APPROVED
INITIALIDATE APPROVED
CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED
o LAW DEPARTMENT
c9"'CITY MANAGER ",...-
o CITY CLERK
o SIGNCOPYBA~CTOORGIN T D PT.
o ASSIGNED AG# ' - \
o PURCHASING: PLEASE CHAR E 0: 001-2100-099-523-60-519
INITIALIDATE APPROVED
,....-
COMMENTS
10/09/02
SCOREINTERLOCALAGREEMENT
among
CITY OF AUBURN,
CITY OF DES MOINES,
CITY OF FEDERAL WAY,
CITY OF RENTON,
CITY OF TUKWILA,
CITY OF BURIEN,
AND
CITY OF SEAT AC, WASHINGTON
Dated as of February 25, 2009
'I ' .
T ABLE OF CONTENTS
Pae.e
Section 1. Definitions...... ..... ............................. ......... ... ... ....... ..... ....... ........... ........ .............. ....2
Section 2. SCORE Facility; Authority... ................ .......... ........ ................... ....... .............. ........3
Section 3. Duration of Agreement.......................... ....................... ..... ...... ............ .............. ......5
Section 4. Withdrawal and Termination............................................. ...................................... 5
Section 5. Administrative Board ......................... .................. ......... ..... ..... ..... .......... ............. ....6
Section 6. Operations Board. .................. ............ ............ .......... ....... ............... ..... ..................... 7
Section 7. Facility Director....... ................. ....... .......... ................. ....... .... ..... ........ ......... ....... ..... 8
Section 8. Personnel Policy......................... ........ ... ............ ............. ..... ........ .................... ........ 8
Section 9. Budget, Policies and Operations ........... ........ ....... ....... .......... ................... ..... ........... 9
Section lO. Contracts and Support Services ............................................................................... 9
Section 11. Policy and System Evaluation ................................................................................. 9
Section 12. Additional Services Authorized..... ..... ............... ...... .... ............... ....... .......... ...... ....10
Section 13. Inventory and Property ..........................................................................................10
Section 14. Local Control.......... ........................ ............... ........................ ......... ............ .... .......10
Section 15. SCORE Facility Financing tmdConstruction; SCORE Facility Public
Development Authority........................... .............................................................. 10
Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property.............................. 13
Section 17. Compliance with Continuing Disclosure Requirements .......................................13
Section 18. Filing of Agreement...............................................................................................13
Section 19. Severability... ........ .......... ....... ...... ..................... ....... .............. ......... ...... ................ .13
Section 20. Execution and Amendment ..... ......... ......... ........... ......................... .... .............. ......14
Section 21. Third Party Beneficiaries............................................ .............................. .......... ...14
Section 22. Hol d Harm] ess .......................................................................................... ............. 14
Section 23. Counterparts.. ............. ....... ........ ....................... .............. ....... ................ .................15
-i-
SCORE INTERLOCAI.. AGREEMENT
THIS SCORE INTERLOCAL AGREEMENT ("Agreement") is entered into this
February 25, 2009 by and among the Cities of Auburn, Des Moines, Federal Way, Renton,
Tukwila, Burien and SeaTac, Washington (the "Member Cities"), all of which are municipal
corporations under the laws and statutes of the State of Washington:
RECITALS:
WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for,
establish and maintain correctional facilities in furtherance of public safety and welfare; and
WHEREAS, the Member Cities currently contract with other local governments within
the State of Washington for correctional services at a great expense to the City; and
WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes
municipalities in Washington to enter into agreements for the joint undertaking of certain
projects as provided therein; and
WHEREAS, the Member Cities now desire to form a governmental administrative
agency pursuant to RCW 39.34.030(3) kndwn as the South Correctional Entity ("SCORE") to
establish and maintain a consolidated correctipn~1 fa~ility (the "SCORE Facility") to serve the
Member Cities and federal and staie agencies and 'other local governments that may contract with
SCORE in the future to provide correctional services essential to the preservation of the public
health, safety and welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and.
WHEREAS, financing for the acquisition, construction, equipping, and improvement of
the SCORE Facility will be provided by bonds issued by a public corporation created in
accordance with this Agreement and pursuant to RCW 35.21.730 through 35.21.755 and secured
by the full faith and credit of the Member Cities; and
WHEREAS, the City of Renton has agreed to act as the host city for the formation of a
public corporation to be known as the South Correctional Entity Facility Public Development
Authority (the "SCORE Facility Public Development Authority") subject to the approval of each
Member City; and
WHEREAS, the establishment artd 'in:airitenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
Section 1. Definitions. Capitalized terms used in this Agreement shall have the
following meanings:
"Administrative Board" means the governing board of SCORE created pursuant to
Section 5 of this Agreement.
"Agreement" means this lnterlocal' Agreement among the Member Cities, as amended
from time to time. ' " \ t
"Base Percentage" means a percentage equal to the 2007 average daily population
allocable to the Member Cities in all correctional facilities. Those percentages are as follows:
(a) Auburn - twenty-nine (29%)
(b) Des Moines - five (5%)
(c) Federal Way - seventeen (17%)
(d) Renton - thirty~four (34%)
(e) Tukwila - eight (8%)
(f) Burien - four (4%)
(g) SeaTac - three (3%)
"Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the
SCORE Facility Public Development Authority to provide interim and permanent financing for
the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion
and other capital improvements essential to maintain the SCORE Facility's functionality.
"Budget" means the budget prepar:e.d I~Y the Facility D,irector in consultation with the
Operations Board, and submitted to the; Adrriinist~ation Board for its' approval in accordance with
Section 5 and Section 9 of this Agreement, which budget shall set forth (a) an estimate of the
costs of capital improvements required to be made to the SCORE Facility within the applicable
year, (b) on a line item basis, all anticipated revenues and expenses for the operation and
maintenance of the SCORE Facility for the applicable year, and (c) any information required by
policies adopted by the Administrative Board pursuant to Section 9(b) of this Agreement.
"Capital Contribution" means, for each Member City, that Member City's Base
Percentage multiplied by the principal of and interest on Bonds as the same shall become due
and payable and administrative expenses of the SCORE Facility Public Development Authority
with respect to Bonds.
"Costs of Maintenance and Operation" means all reasonable expenses incurred by
SCORE in causing the SCORE Facility to be operated and maintained in good repair, working
order and condition, and all costs of administering SCORE.
"Designated Representative" means the Mayor or the City Manager, as selected by
each Member City, or his or her designee.
~ ,
I'
2
"Facility Director" means the director of the SCORE Facility selected by the
Administrative Board pursuant to Section 7 of this Agreement.
"Member Cities" mean, initially, the Cities of Auburn, Des Moines, Federal Way,
Renton, Tukwila, Burien and SeaTac, Washington.
"Operations Board" means the board fonned.pursuant to Section 6 of this Agreement.
"Presiding Officer" means the member of the Administrative Board selected pursuant to
Section 5 of this Agreement.
"SCORE" means the governmental administrative agency established pursuant to
RCW 39.34.030(3) and this Agreement by the Member Cities.
"SCORE Facility" means the consolidated correctional facility acquired, constructed,
improved, equipped, maintained and operated by SCORE.
"SCORE Facility Public Development Authority" means the South Correctional
Entity Facility Public Development Authority chartered by the City of Renton, Washington.
"Subscribing Agencies" mean the federal and state agencies, municipal corporations,
and other local governments, other than the Member Cities, that contract with SCORE for
correctional services at the SCORE Facility pursuant to the terms of this Agreement.
Section 2.
SCORE Facility; Authority.
(a) Administrative Agency. Th~te: is hereby established a governmental
administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional
Entity ("SCORE"). SCORE shall initially consist of the Member Cities.
(b) Powers of SCORE. SCORE shall have the power to acquire, construct, own,
operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and
to provide correctional services and functions incidental thereto, for the purpose of detaining
arrestees and sentenced offenders in the furtherance of public safety and emergencies within the
jurisdiction of the Member Cities. The SCORE Facility may serve Subscribing Agencies which
are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in
\'.'rHing and approved by SCORE as provided herein.
(c) Administrative Board, The affairs of SCORE shall be governed by the
Administrative Board formed pursuant to Section 5 of this Agreement. The Administrative
Board shall have the authority to:
1. Recommend action to the legislative bodies of the Member Cities;
2. Approve the Budget; adopt financial policies and approve expenditures;
;1
3
3. Establish policies for investing funds and inculTing expenditures of
Budget items for the SCORE Facility;
4. Review and adopt a personnel policy for the SCORE Facility;
5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for
the operation of the SCORE Facility;
6. Conduct regular meeting~ .as may be de~ignated by the Administrative
Board; .
7. Determine what services shall be offered at the SCORE Facility pursuant
to the powers of SCORE and under what terms they shall be offered;
8. Enter into agreements with third parties for goods and services necessary
to fully implement the purposes of this Agreement;
9. Establish rates for services provided to members, subscribers or
participating agencies;
10. Direct and supervise the activities of the Operations Board and the Facility
Director;
11, Enter into an agreement with a public corporation or otherwise to incur
debt;
12. Make purchases or contract for services necessary to fully implement the
purposes of this Agreement;
J.: ,
13. Enter into agreements With and receive and distribute funds from any
federal, state or local agencies;
14. Receive and account for all funds allocated to the SCORE Facility from its
members;
15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own,
hold, improve, use and otherwise deal in and with real or personal
property, or any interest therein, in the name of the SCORE Facility;
16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise
dispose of property and assets;
17. Sue and be sued, complain and defend, in all courts of competent
jurisdiction in its name;
18. Make and alter bylaws for the administration and regulation of its affairs;
19. Entel: into contracts with Subscribing Agencies to provide correctional
services;
, , i ';','
4
20.
Employ employees as necessary to accomplish the terms of this
Agreement;
21.
Establish policies and procedures for adding new cities as "Member
Cities" to this Agreement; and
22.
Engage in any and all other acts necessary to further the goals of this
Agreement.
Section 3.
I \
Duration of A2reement.
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. Notwithstanding the foregoing, this Agreement
shall not tenninate until all Bonds issued by the SCORE Facility Public Development Authority
as provide in Section 15 of this Agreement are no longer outstanding.
Section 4.
Withdrawal and Termination.
(a) Subject to Section 4(g) below, any Member City may withdraw its membership
and terminate its pa11icipation in this Agreement by providing written notice and serving that
notice on the other Member Cities on or before December 31 in anyone-year, After providing
appropriate notice as provided in this Section, that Member City's membership withdrawal shall
become effective on the last day of the year following delivery and service of appropriate notice
to all other Member Cities.
(b) Subject to Section 3 above, four (4) or more Member Cities may, at anyone time,
by written notice provided to all Member Cit,ies, call for a termination of SCORE and this
Agreement. Upon an affirmative supermf,tjbrftyvote (majority plus one) by the Administrative
Board, SCORE shall be directed to terminate business, and a date will be set for final
termination, which shall be at least one (l) year from the date of the vote to terminate this
Agreement. Upon the final termination date, this Agreement shall be fully terminated.
(c) Subject to Section 4(g) below, in the event any Member City fails to budget or
provide the required annual funding requirements for SCORE as provided in Section 15 hereof,
the remaining Member Cities may, by majority vote, immediately declare the underfunding City
to be terminated from this Agreement and to have forfeited all its rights under this Agreement" as
provided in Section 4(e). The remaining Member Cities may, at their option, withdraw
SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency
agreement with that City under terms and conditions as the remaining Member Cities deem
appropriate.
(d) Time is of the essence in giving any termination notice.
(e) If an individual 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
! '.
5
property, or any other ownership in SCORE, unless otherwise provided by the Administrative
Board.
(f) Upon termination of this Agreement, all property acquired during the life of this
Agreement shall be disposed of in the following manner;
1 . All real and personal property acquired pursuant to this Agreement shall
be distributed to the Member Cities based on the Base Percentages; and
2. All unexpected funds or ,reserve funds shall be distributed based on the
percentage of average daily poplJlation at the SCORE Facility for the last three (3)
years prior to the termination date of those Member Cities still existing on the day
prior to the termination date.
(g) Notwithstanding any of the other rights, duties or obligations of any Member City
under this Section 4, the withdrawal of any Member City from this Agreement shall not
discharge or relieve the Member City that has withdrawn pursuant to Section 4(a) or been
terminated pursuant to Section 4(c) of its obligation to pay debt service on Bonds issued by the
SCORE Facility Public Development Authority. A Member City may be relieved of its
obligation under this Agreement to make payments with respect to its Capital Contribution if the
Administrative Board, by supermajority vote (majority plus one), authorizes such relief based on
a finding that such payments are not required to pay debt service on Bonds issued by the SCORE
Facility Public Development Authority.
Section 5.
Administrative Board.
(a) Formation. An Administrative Board composed of the Designated Representative
from each Member City shall govern the affairs of SCORE.
,. t ~
(b) Allocation of Votes. Eachl}oaJ;'d!memper shall pave an equal vote and voice in
all Board decisions. " .. .
(c) V oting Requirements. V otes regarding (1) debt; (2) approval of the Budget;
(3) employment of the Facilities Director; (4) cost allocations made prior to the issuance of
Bonds pursuant to Section 16 of this Agreement; and (5) approval of labor contracts, shall
require an affirmative vote of a supermajority (majority plus one) of the Member Cities, two (2)
of which shall have the highest and the second highest average daily population in the SCORE
Facility for the 12-month period ending June 30 of the preceding year. Votes regarding (1) the
conveyance of real property; (2) the addition of additional services pursuant to Section II of this
Agreement not directly incidental to correctional services (such as providing court services); and
(3) matters addressed in Sections 4(b) and (g) of this Agreement, shall require an affirmative
vote of a supermajority (majority plus one) of the Member Cities.
(d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of
Order (newly revised) shall govern all procedural matters relating to the business of the
Administrative Board.
'i 6
( e) Officers of the Administrative Board. Members of the Administrative Board shall
select a Presiding Officer from its members, together with such other officers as a majority of the
Administrative Board may determine. Subject to the control of the Administrative Board, the
Presiding Officer shall have general supervision, direction and control of the business and affairs
of SCORE. On matters decided by the Administrative Board, the signature of the Presiding
Officer alone is sufficient to bind SCORE.
(f) Meetings of the Administrative Board. There shall be a minimum of two (2)
meetings each year, and not less than fifteen (15) ,days notice shall.be given to all members prior
to any such meeting. Unless otherwise desigriated 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 consider and
adopt a Budget for the following fiscal year. Other meetings may be held upon request of the
Presiding Officer or any two members. All meetings shall be open to the public to the extent
required by chapter 42.30 RCW.
Five (5) members of the Administrative Board must be present at any meeting of the
Administrative Board to comprise a quorum, and for the Administrative Board to transact any
business. Proxy voting shall not be allowed. Members of the Administrative Board may
participate in a meeting through the use of any means of communication by which all members
and members of the public participating in such meeting can hear each other during the meeting.
Any members of the Administrative Board participating in a meeting by such means is deemed
to be present in person at the meeting for all purposes including, but not limited to, establishing a
quorum.
(g) Bylaws. The Administrative Board shall be authorized to establish bylaws that
govern procedures of that Board and the SCORE Facility's general operations.
(h) Administrative Board Review~, "A gerieral or particular authorization or review
and concurrence of the Administrative' Boarclby majority vote shall be necessary for all capital
expenditures or contracts in excess of $50,000.
Section 6.
Operations Board.
(a) Formation, There is further established an Operations Board which shall consist
of up to nine (9) members selected as provided in this paragraph. One (1) member shall be
designated by each of the Member Cities, and up to two (2) at-large members shall be selected,
by majority vote, by the Subscribing Agencies to represent the police departments of the
Subscribing Agencies. At the time set for election of the at-large members, only the
representatives of the Subscribing Agencies, then iI) attendance, will participate in the election.
The Member Cities' Operations Board representatives shall not participate in the at-large
member elections. The at-large members shall serve one-year terms, unless otherwise
determined by majority vote of the Operations Board. The purpose and duties of the Operations
Board shall be established by the Administrative Board.
7'
(b) V oting and Meetings of the Operations Board. Each member of the Operations
Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be
authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's
Revised Rules of Order shall govern all procedural matters relating to the business of the
Operations Board. 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 members of the Operations BQaid. All meetings shall be open
to the public to the extent required by chapter 42.30 RCW. ' .
A majority of the members of the Operations Board must be present at any meeting of the
Operations Board to comprise a quorum, and for the Operations Board to transact any business.
Proxy voting shall not be allowed. Members of the Operations Board may participate in a
meeting through the use of any means of communication by which all members and members of
the public participating in such meeting can hear each other during the meeting. Any members
of the Operations Board participating in a meeting by such means is deemed to be present in
person at the meeting for all purposes including, but not limited to, establishing a quorum.
Section 7.
Facility Director.
Not later than one hundred eighty (180) days prior to the completion of the SCORE
Facility, the Operations Board shall recommend to the Administrative Board a person to act as
the Facility Director. The Administrative Board may accept or reject the Operations Board
recommendation. Such Facility Director shall be responsible to the Administrative Board, shall
develop the Budget in consultation with the Operations Board and other appropriate means in
order to fully implement the purposes of this Agreement. The Facility Director shall administer
the program in its day-to-day operatiop.s; consistent with. the policies adopted by the
Administrative Board. Such Facility ,DirectQr: shall h~lVe experience in technical, financial and
administrative fields, and such appointment shall be on the basis of merit only.
Section 8.
Personnel Policv.
(a) The Operations Board shall submit to the Administrative Board within one
hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel
policy for the SCORE Facility for its approval, rejection or modification. All of such
modifications or revisions shall be subject to the final approval of the Administrative Board.
(b) Such personnel policy shall provide for the initial appointment to the SCORE
Facility's staff from the personnel presently, permanently appointed or assigned as corrections
officers in the Member Cities. Additional employees shall be appointed by the Facility Director
upon meeting the qualifications established by the Operations Board and adopted by the
Administrative Board. None of such employees shall be commissioned members of any
8
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t .. ~ I
emergency service, but may be eligible for membership under the Public Employees Retirement
Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law.
Section 9.
Budeet, Policies and Operations.
(a) The Facility Director shall distribute a proposed Budget to the Operations Board
on or before August 1 of each year, which Budget shall then be provided to the Administrative
Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of
the programs and objectives as contained in said proposed Budget, and of the required financial
participation for the ensuing year.
(b) The Administrative Board shal.l d~velop financial policies for SCORE as part of
the budgetary process. Such policies may include, but are not limited to, (1) items to be provided
for in the Budget, (2) a minimum contribution amount for each Member City to pay for Costs of
Maintenance and Operation, (3) the process for allocating unexpended amounts paid by the
Member Cities for Costs of Maintenance and Operation and assessing the Member Cities in the
event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the
process for adding a new Member City to this Agreement.
(c) The allocation of prorated financial participation among the Member Cities shall
be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally
obligated to provide its allocable share of costs as provided in this Agreement.
Section 10. Contracts and Support Services.
(a) The Administrative Board (or the Operations Board or the Facility Director, if so
designated by the Administrative Board) shall, as necessary, contract with local governments for
the use of space for its operations, auxiliary services including but not limited to records, payroll,
accounting, purchasing, and data processing, and for staff prior to the selection of a Facility
Director for the SCORE Facility.
. . '.,'. '. i
(b) The Member Cities herebY'ilgree to furnish legal assistance, from time to time, as
approved by the Administrative Board. The Adnlinistrative Board may contract with the City
Attorney of a Member City, other local government, or independent legal counsel as necessary.
Section 11. Policy and System Evaluation.
The Facility Director shall actively and continually consider and evaluate all means and
opportunities toward the enhancement of operations effectiveness for correctional services so as
to provide maximum and ultimate benefits to the members of the general public. The Facility
Director shall present his or her recommendations to the Operations Board from time to time.
Any substantive change or deviation from established policy shall be subject to the prior
approval of the Administrative Board.
9
Section 12. Additional Services Authorized.
The Administrative Board shall evaluate and determine the propriety of including
additional correctional services for local governments, whenever so required, and shall determine
the means of providing such services, together with its costs and effects. These additional
services may include, but shall not be limited to the following: alternatives to incarceration,
inmate transportation systems, and consolidated court services.
Section 13. Inventory and Property.
(a) Equipment and furnishings for the operation of the SCORE Facility shall be
acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings
for SCORE's use, title to the same shall remain with the respective local entity unless that
equipment is acquired by SCORE.
(b) The Facility Director shall,' at the;time of preparing the proposed Budget for the
ensuing year, submit to the Operations Board a complete inventory together with current
valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE.
In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending
governmental entity and all other items, including real property, or funds derived from the sale
thereof, shall be distributed to Member Cities in accordance with Section 4(f) above.
(c) Title to real property purchased or otherwise acquired shall be held in the name of
SCORE; provided however, that for valuable considerat'ion received, SCORE may convey
ownership of any real property as may be approved by supermajority vote (majority plus one) of
the Administrative Board.
Section 14. Local Control.
Each Member City and Subscribing Agency shall retain the responsibility and authority
for the operation of its police departments, and for such equipment and services as are required at
its place of operation to utilize the SCORE Facility.
Section 15. SCORE Facility Financine. and Construction; SCORE Facility Public
Development Authority. ;
(a) SCORE Facility. In order to provide necessary services for the Member Cities
and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and
operate the SCORE Facility, The SCORE Facility is expected to be located in the City of Des
Moines, Washington, Pursuant to RCW 35.21.740, the City of Des Moines hereby authorizes
the City of Renton to operate the SCORE Facility Public Development Authority within the
corporate limits of the City of Des Moines in a manner consistent with the terms of this
Agreement.
(b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and
the Presiding Officer of the Administrative Board, or his or her approved designee, will execute
10
contracts for the development of the SCORE Facility. These contracts shall include, without
limitation, contracts for architectural design and engineering, project management services; real
estate acquisition, and construction.
(c) SCORE Facility Public Development Authority. In order to finance costs of
acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has
agreed to form the SCORE Facility Public Dev"ei6pinent Authori'ty. · The purpose of the SCORE
Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition,
construction, improvement and equipping of the SCORE Facility, The Administrative Board
shall serve ex officio as the Board of Directors of the SCORE Facility Public Development
Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds
by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on
behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make
payments to the SCORE Facility Public Development Authority at the time and in the amounts
required to pay principal of and interest on the Bonds and any administrative costs of the SCORE
Facility Public Development Authority.
(d) SCORE Facility' Financing. Each Member City shall each pay an allocable
portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue
received from Subscribing Agencies or other sources, as provided in this Agreement. Each
Member City shall be billed for its total allocable capital and operating costs on a semiannual
basis, or more frequently as determined by the Administrative Board, calculated as provided for
in this Section.
(l) Capital Contribution. Eacl} Member City shall be obligated to pay an
amount equal to its Capital ContributiOl'l,.WithoQt regard ,tp the payment or lack thereof by
any other Member City. No Member (~ity shall be obligated to pay the Capital
Contribution of any other Member City, and each Member City shall be obligated to
budget for and pay its Capital Contribution. The obligation of each Member City to pay
its Capital Contribution shall be an irrevocable full faith and credit obligation of such
Member City, payable from property taxes levied within the constitutional and statutory
authority provided without a vote of the electors of the Member City on all of the taxable
property within the Member City and other sources of revenues available therefor. Each
Member City has or will set aside and include in its calculation of outstanding nonvoted
general obligation indebtedness an amount equal to the principal component of its Capital
Contribution for so long as Bonds remain outstanding, unless relieved of such payment in
accordance with Section 4(g).
A Member City may prepay its Capital Contribution in a manner that is consistent
with the authorizing documents' for the Bonds; provided, however, that any such
prepayment of one or more Member Cities shall not affect the Capital Contribution of the
remaining Member Cities. Any Member City that elects to prepay its Capital
Contribution shall be responsible for paying all costs associated with such prepayment.
(2) Costs of Maintenanq~: a!}d .Operfltion. SU1:>ject to the terms of the financial
policies established by the AdIl)inis'trative Board purs'uant to Section 9(b) of this
II
Agreement, each Member City shall be obligated to pay its allocable portion of Costs of
Maintenance and Operation of the SCORE Facility, .including any debt issued to finance
such costs, as determined in this subsection.
(i) Until the end of the first calendar year of operations of the SCORE
Facility (estimated to be December 31, 2012), the allocable portion that each
Member City shall be obligated to pay of Costs of Maintenance and Operation in
such year shall be equal to the City's Base Percentage multiplied by the Costs of
Maintenance and Operation.
(ii) Commencing with the calendar year following the first calendar
year of operations, the allocable portion that each Member City shall be obligated
to pay of Costs of Mainterlance' ",~d Operation shall be based on the Member
City's average daily populatio~in. the SCORE Facility, as supplemented as
necessary with the average daily population allocable to the Member Cities in all
correctional facilities, for the 12-month period ending June 30 of the preceding
year.
(iii) Commencing with the third calendar year of operations, the
allocable portion that each Member City shall be obligated to pay of Costs of
Maintenance and Operation shall be based on the Member City's average daily
population in the SCORE Facility for the 12:..month period ending June 30 of the
preceding year.
(e) Allocation of Revenues. Revenues received in a calendar year from Subscribing
Agencies or from sources other than the contributions described in Section 15(d) above shall be
used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each
Member City shall receive credit/benefit of the revenues discussed in this section based on that
Member City's proportional average daily population as calculated in Section 15(d)(2) above.
(t) Tax-Exemption. The Member Cities shall not (1) make any use of the proceeds
from the sale of Bonds or any other money or obligations .of the SCORE Facility Public
'I ',., . . .
Development Authority or the Member CitIes that may be deemed to be proceeds of the Bonds
pursuant to Section 148( a) of the Code that wiIl cause the Bonds to be "arbitrage bonds" within
the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will
cause the Bonds to be considered obligations not described in Section 103(a) of the Code.
(g) Additional Financing. Notwithstanding anything to the contrary in this
Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the
SCORE Facility Public Development Authority or another issuer pursuant a separate agreement
between one or more Member Cities and other entities to provide additional financing for the
SCORE Facility on terms as agreed upon by the parties thereto.
(h) Special Facility Designation. The SCORE Facility, including all equipment,
furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing
Agencies to provide necessary and secure correctional services and assure public safety.
12
. I.
., '.
Consequently, the SCORE Facility is essential to the preservation of the public health, safety,
and welfare. As a result, the SCORE FaciJjty'~ equipment, furnishings, and fixtures are special
facilities subject to unique 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
SCORE Facility constitutes a "special facility" under RCW 39.04.280(l)(b), and all purchases of
any kind or nature for the SCORE Facility shall be exempt from competitive bidding
requirements as prescribed by Washington State statute but shall be governed by the
procurement policy established by the Administrative Board as amended from time to time.
Section 16. Preliminary Costs of the SCORE Facility; BeJlevue Property
The Administrative Board shall allocate costs associated with the design, acquisition,
construction, improvement and equipping of the SCORE Facility prior to the issuance of the
Bonds by the SCORE Facility Public Development Authority among the Member Cities by an
affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of
which shall have the highest and the second highest average daily population in the SCORE
Facility for the 12-month period ending June 30 of the preceding year. Any costs of the SCORE
Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of
Bonds to the extent permitted by law.
The Member Cities hereby agree that any net proceeds received from the sale of the
property located at 1440 1 16th Avenue Ne,: ~elleyue;W ashingtohand 1412 116th Avenue NE,
Bellevue, Washington (estimated to be 'apptoxim~tely $3,180,000) shall be deposited with
SCORE and used to finance costs associated with the design, acquisition, construction,
improvement and equipping of the SCORE Facility.
Section 17. Compliance with Continuine Disclosure Requirements
To the extent necessary to meet the conditions of paragraph (d)(2) of United States
Securities and Exchange Commission Rule .15c2-12 (the "Rule"), as applicable to a participating
underwriter or remarketing agent for Bonds, each Member City will enter into an undertaking in
a form acceptable at the time to the participating underwriter or remarketing agent, as the case
may be.
Section 18. FiJine of Ae.reement
Upon execution, this Agreement shall be file~ as required in RCW 39,04.040.
Section 19. Severability
If any part, paragraph, section or provision of this Agreementis adjudged to be invalid by
any court of competent jurisdiction su~h iidjudfcation shan' not affect the validity of any
remaining section, part or provision of this' Agreement.
13
Section 20. Execution and Amendment
This Agreement shall be executed on behalf of each Member City by its Designated
Representative and pursuant to an appropriate motion, resolution or ordinance of each Member
City. This Agreement shall be deemed adopted upon the date of execution by the last so
Designated Representative.
This Agreement may not be effectively amended, changed, modified or altered, except by
an instrument in writing duly executed by the Designated Representative of each Member City
and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as
such amendment does not materially advers~ly,affect the owners of the Bonds or affect the tax-
. ~. ."", l ~
exempt status of the interest paid on the Bondsr If the Bonds' issued by the SCORE Facility
Public Development Authority are rated by a rating agency, then no amendment that adds or
removes a Member City from this Agreement or revises Section 15 of this Agreement shall be
permitted unless the SCORE Facility Public Development Authority has received written
confirmation from the rating agency that such amendment will not result in a reduction or
withdrawal ofthe rating on the Bonds. If the Bonds are not rated by a rating agency, then no
such amendment as described in the preceding sentence will be permitted unless in the opinion
of the SCORE Facility Public Development Authority such amendment will not materially
adversely affect the owners of the Bonds.
Section 21. Third Party Beneficiaries
The SCORE Facility Public Development Authority and the holders from time to time of
the Bonds shall be third party beneficiaries hereof and the commitments made herein shall be for
their further benefit.
Section 22. Hold Harmless
The parties to this Agreement shall, defend, indemnify anp save one another harmless
from any and all claims arising out of the: pet(\>rm,ance of thi~ Agre~ment, except to the extent
that the harm complained of arises from ili~ sole !negligence of one or'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 SCORE exclusively.
.]4
. ,
Section 23. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
By:
E::~
By: Denis Law, Mayor .?/.tf//~()09
ATTEST: ~."". t.J~
CITY OF TUKWILA Bonnie. I. Walton,
City Clerk
CITY OF AUBURN
CITY OF DES MOINES
By:
By:
CITY OF FEDERAL WAY
CITY OF BURIEN
By:
CITY OF SEATAC
By:
By:
15
P:\20358 _ 00\20358 _ OIX
Section 23. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF AUBURN
By:
CITY OF DES MOINES
By:
CITY OF FEDERAL WAY
By:
CITY OF SEAT AC
d- ~~~
By: ~~'" ~ " Ity Manager
Approved as to Form:
~~/;mhJtv
CITY OF RENTON
By:
CITY OF TUKWILA
By:
CITY OF BURlEN
By:
15
P:120358_OGI20356_0IX
Section 23. 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.
fN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF AUBURN
CITY OF RENTON
By:
CITY OF DES MOINES
By:
CITY OF TUKWILA
By:
CITY OF FEDERAL WAY
By:
CITY OF BURIEN
~~.
By: /(,J.e 4,- l,v
By:
CITY OF SEATAC
By:
is
P:\20358_DGI20358_0IX
'I. :
Section 23. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year fIrst written above.
CITY~
By: ~" ~ ...rt..--
CITY OF RENTON
By:
CITY OF DES MOINES
CITY OF TUKWILA
By:
By':
CITY OF BURIEN
CITY OF FEDERAL WAY
By:
CITY OF SEAT AC
By:
By:
I'.';
15
P:12035B_DGI20368 _ OIX
Section 23. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF AUBURN
CITY OF RENTON
By:
By:
CITY OF DES MOINES
CITY OF TUKWILA
By:
CITY OF FEDERAL WAY
7lW \!3ei;tzv
By: Neal Beets, City Manager
By:
CITY OF BURIEN
By:
CITY OF SEATAC
By:
SCORE ILA
15
Section 23. 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.
TN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF AUBURN
CITY OF RENTON
By:
By: clfy ~4-.H"!J (!r
CITY OF FEDERAL WAY
By:
l05;;t;~
CITY OF BURIEN
;
By:
CITY OF SEAT AC
By:
By:
. I
)5 .
Return Address:
Penny Bartley
Renton Police Department
1 n 55 ~(")lltn Gri1dy 1'\Jay
Rpnrnn, WH~hingtnn QRnS7
IIIlllll"'JIII
g~l~~01 OF 023 INTERLOCA 64,00
02/25/2009 14:08
KING COUNTY, IJA
, '1
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (ReW 65,04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document mu~t be filled in)
I. SCORE Interlocal Agreement 2.
3, 4. --
-
Reference Number(s} of Documents assigned or released:
Additional reference #'s on page __ of document
Grantor(s) Exactly as name(s) appear on document Se.G-~C 'f ec~ \
I. C\.~ ()Q 1\9Jf'1uVl t Au Iov. v-V\ I Wa~
' \
2. S)is f\'h;\ (\~.s \' (). 'c. \..v \\ Q O\r,'c:J-. ~ V- \ elf)
--I '
Additional names on page _ of document.
Grantee(s) Exactly as name(s) appear on document
J. VU \0\\"<::... _ ,
2. ,
Additional names on page _ of document.
Legal description (abbreviated: i.e. lot, block" plat, or section, township, range)
I ,
Additional legal is on page __ of document.
Assessor's Property Tax Parcel/Account Number o Assessor Tax # not yet
assigned
The Auditor/Recorder will rely on the infonnation provided on this form. The staffwill not read the document
to verifV the accuracy or completeness ofthe indexing information Droyided herein.
"I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthermore, I hereby understand that the recording process may covel' up or
othel'wise obscul'e some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter: Do not sign above nor pa)' additional $50 fee if the document meets margin/formatting requirements
,..'
