ORD 09-623
ORDINANCE NO. 09-623
AN ORDINANCE ofthe City of Federal Way, Washington, authorizing
the execution of an amended and restated interlocal agreement relating
to the South Correctional Entity Facility; authorizing the execution of an
interlocal agreement among the Cities of Renton, Auburn, and Des
Moines, Washington, and the South Correctional Entity. (Amending
Ordinance No. 09-603)
WHEREAS, the City ofF ederal Way, Washington (the "City") is authorized by chapter 70.48
RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and
welfare; and
WHEREAS, pursuant to Ordinance No. 09-603 adopted by the City on February 17,2009
and chapter 39.34 RCW, the lnterlocal Cooperation Act, the City entered into a SCORE lnterlocal
Agreement with Renton, Auburn, Burien, Des Moines, Tukwila and SeaTac, Washington (the
"Member Cities"), dated February 25, 2009 (the "Original lnterlocal Agreement"), to fonn a
governmental administrative agency known as the South Correctional Entity ("SCORE"); and
WHEREAS, the purpose of SCORE is to establish and maintain a consolidated correctional
facility to be located in Des Moines (the "SCORE Facility") to serve the Member Cities and federal
and state 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
Ordinance No. 09-623
Page J of 34
WHEREAS, financing for the acquisition, construction, equipping, and improvement ofthe
SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public
Development Authority (the "Authority"), a public development authority chartered by Renton
pursuant to RCW 35.21.730 through 35.21.755; and
WHEREAS, pursuant to Ordinance No. 09-603, the City pledged its full faith and credit
toward the payment of its allocable proportion 17% of the debt service on bonds issued by the
Authority; and
WHEREAS, the Member Cities now desire to amend the Original lnterlocal Agreement
pursuant to the terms of an Amended and Restated SCORE lnterlocal Agreement (the "SCORE
lnterlocal Agreement") to reallocate the proportional share of debt service due from Renton, Auburn,
Federal Way, Tukwila, SeaTac and Burien (the "Owner Cities") on bonds issued by the Authority
and to designate Des Moines as the "host city"; and
WHEREAS, the SCORE lnterlocal Agreement requires that Des Moines enter into an
agreement with SCORE and the Owner Cities, as necessary, pursuant to which the City will pay a
host city fee for its use ofthe SCORE Facility; and
WHEREAS, Des Moines has requested that the City enter into a separate interlocal
agreement with Federal Way, Des Moines and SCORE (the "lnterlocal Agreement") which will
provide, in part, that Des Moines pay a host city fee for use of the SCORE Facility as provided
therein; and
WHEREAS, in consideration for the payments to be made by Des Moines as provided in the
lnterlocal Agreement, the City now desires to increase it allocable percentage of debt service on
bonds issued by the Authority and to amend and restate the Original lnterlocal Agreement as
provided herein; and
Ordinance No. 09-623
Page 2 of 34
WHEREAS, the potential adverse impacts on the public health, property, safety and welfare
ofthe City and its citizens if this Ordinance did not take effect immediately, justifY the declaration of
an emergency and the designation of this ordinance as a public emergency ordinance necessary for
the protection of public health, public safety, public property or the public peace by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Approval of Amended and Restated SCORE lnterlocal Agreement. The City
Council hereby approves the Amended and Restated SCORE lnterlocal Agreement with Renton,
Auburn, Des Moines, Tukwila, Burien, and SeaTac, Washington, substantially in the form as
attached hereto as Exhibit A and incorporated herein by this reference (the "SCORE lnterlocal
Agreement"). The Mayor is hereby authorized and directed to execute the SCORE lnterlocal
Agreement, substantially in the form attached hereto with only those modifications as shall have
been approved by him. The Mayor and other appropriate officers of the City are authorized and
directed to take any and all such additional actions as may be necessary or desirable to accomplish
the terms therein. The SCORE lnterlocal Agreement may be further amended from time to time as
provided therein.
Section 2.
Approval of lnterlocal Agreement. The City Council hereby approves the
lnterlocal Agreement among the Cities of Renton, Federal Way, Auburn, and Des Moines,
Washington, and the South Correctional Entity, substantially in the form as attached hereto as
Exhibit B and incorporated herein by this reference (the "lnterlocal Agreement"), pursuant to which
Des Moines will pay a host city fee for its use of the SCORE Facility. The Mayor is hereby
authorized and directed to execute the Interlocal Agreement, substantially in the form attached hereto
with only those modifications as shall have been approved by him. The Mayor and other appropriate
Ordinance No. 09-623
Page 3 of 34
officers of the City are authorized and directed to take any and all such additional actions as may be
necessary or desirable to accomplish the terms therein. The lnterlocal Agreement may be amended
from time to time as provided therein.
Section 3.
Amendment to Ordinance No. 09-603. Section 4 of Ordinance No. 09-603 is
hereby amended to read as follows (additions are underscored and deletions are shown as stricken):
The City shall pay its allocable portion of the budgeted expenses of maintenance and
operation of the SCORE Facility not paid from other sources, which allocable portion shall
be determined as provided in the lnterlocal Agreement. In addition to the foregoing
commitment, the City irrevocably commits to pay its capital contribution in the percentage
provided for in the lnterlocal Agreement, which is equal to H 18%, to pay debt service on
Bonds as the same shall become due and payable and to pay administrative expenses of the
Authority with respect to the Bonds (the "Capital Contribution"). The authorization
contained in this ordinance is conditioned upon the issuance of Bonds not exceeding the
aggregate principal amount of$l 00,000,000 (not including any bonds or notes to be refunded
with proceeds of such Bonds) without obtaining additional Council approval.
The City recognizes that it is not obligated to pay the Capital Contribution of any
other Member City; the Capital Contribution of the City shall be limited to its H 18%
allocable share of such obligations; all such payments shall be made by the City without
regard to the payment or lack thereof by any other jurisdiction; and the City shall be
obligated to budget for and pay its Capital Contribution unless relieved of such payment in
accordance with the lnterlocal Agreement. All payments with respect to the Bonds shall be
made to SCORE in its capacity as administrator and servicer ofthe Bonds to be issued by the
Authority. The City's obligation to pay its Capital Contribution shall be an irrevocable full
Ordinance No. 09-623
Page 4 of 34
faith and credit obligation of the City, payable from property taxes levied within the
constitutional and statutory authority provided without a vote of the electors ofthe City on all
of the taxable property within the City and other sources of revenues available therefore. The
City hereby obligates itself and commits to budget for and pay its Capital Contribution and to
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 any Bonds issued by the Authority remain outstanding.
Confirmation of Ordinance 09-603. Ordinance No. 09-603 and as
Section 4.
amended by this amendatory ordinance is hereby ratified and confirmed.
Section 5.
Severability. Should any section, subsection, paragraph, sentence, clause,
or phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6.
Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Ordinance No. 09-623
Page 5 of 34
Section 7.
Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 8.
Effective Date. By unanimous consent, the Council finds that this ordinance
is needed for the immediate support of city governments and is not subject to initiative or referendum
pursuant to FWRC 1.30. This ordinance shall take effect and be in force on September 10,2009.
PASSED by the City Council of the City of Federal Way this 1 st day of September, 2009.
ATTEST:
~AR~cril~kCMC
CITY OF FEDERAL WAY
~1itb:y
CI
F~
NEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 09-623
08-25-2009
09-01-2009
09-05-2009
09-10-2009
09-623
Page 6 of 34
EXHIBIT A
Form of Amended and Restated SCORE Interlocal Agreement
(attached)
Ordinance No. 09-623
Page 7 of 34
AMENDED AND REST A TED SCORE INTERLOCAL AGREEMENT
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
, 2009
Dated as of
Ordinance No. 09-623
Page 8 of 34
TABLE OF CONTENTS
Pa2e
Section 1. Definitions.............. .......... ......... ..... ........ .............................. .... .......... ....... ............ 11
Section 2. SCORE Facility; Authority ................................................................................... 12
Section 3. Duration of Agreement............. ............ .......... ..... ..... .............. ..... .......................... 14
Section 4. Withdrawal and Termination ................................................................................ 14
Section 5. Administrative Board.. ................... ....... ..................... .................. ....... .................. 16
Section 6. Operations Board.... ........ ...... ................ ............ ...... .... ............. .................. ............ 17
Section 7. Facility Director ....................................................................................................18
Section 8. Personnel Policy...... .............................................. ...... ............ ..................... .... ..... 18
Section 9. Budget, Policies and Operations ........................................................................... 18
Section 10. Contracts and Support Services.............................................................................19
Section 11. Policy and System Evaluation ............................................................................... 19
Section 12. Additional Services Authorized ............................................................................ 19
Section 13. Inventory and Property...... ....... ......... .......... ...... ........ ....................... ...... ...... .... ..... 19
Section 14. Local Control.. ....... ................ ............................ ........ ....... ....... ................ ... ........... 20
Section 15. SCORE Facility Financing and Construction; SCORE Facility Public
Development Authority..... ........ .......... ............... .............. .......... ... ........... ..... ........ 20
Section 16. Preliminary Costs ofthe SCORE Facility; Bellevue Property.............................. 23
Section 17. Compliance with Continuing Disclosure Requirements ....................................... 23
Section 18. Filing of Agreement ....... ...... ....... ......... ........ ....... .......... ........ ...... ........... ...... .........23
Section 19. Severability.............. ................ ..... .............. ... ... ..... ........... ...... ......... ............. .........23
Section 20. Execution and Amendment ...................................................................................23
Section 21. Third Party Beneficiaries...... ........ ..... ........... .... ..... .............. ....... ...... ......... ..... .......24
Section 22. Hold Harmless........... ....... ..... ...... ...... ... ........ ........... ...... ................ ..................... ...24
Section 23. Counterparts... ... ................ ........ .... ....... ....... ................... .... ...... ........... ..... ......... ....25
Ordinance No. 09-623
Page 9 of 34
AMENDED AND REST A TED SCORE INTERLOCAL AGREEMENT
THIS AMENDED AND REST A TED SCORE INTERLOCAL AGREEMENT amends and
restates the SCORE Interlocal Agreement, dated as of February 25,2009 (the ""Original Interlocal
Agreement" and as amended and restated hereby, the ""SCORE Formation lnterlocal Agreement"),
and is entered into this ,2009 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 ofthe 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 project.s as provided therein;
and
WHEREAS, the Member Cities entered into a SCORE lnterlocal Agreement, effective
February 25, 2009 (the ""Original Interlocal Agreement"), to form a governmental administrative
agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity (""SCORE") to
establish and maintain a consolidated correctional facility to be located in the City of Des Moines
(the '"SCORE Facility") to serve the Member Cities and federal and state 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 ofthe
SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility Public
Development Authority (the "'SCORE Facility Public Development Authority"), a public
development authority chartered by the City of Renton pursuant to RCW 35.21.730 through
35.21.755 and secured by the full faith and credit of the Cities of Renton, Auburn, Federal Way,
SeaTac, Tukwila, and Burien (the "'Owner Cities"); and
WHEREAS, the Member Cities now desire to amend the Original Interlocal Agreement 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 City of Des Moines as the host city; and
Ordinance No. 09-623
Page JOof34
WHEREAS, the establishment and maintenance ofthe 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 SCORE Formation Interlocal
Agreement shall have the following meanings:
"Administrative Board" means the governing board of SCORE created pursuant to
Section 5 of this SCORE Formation Interlocal Agreement.
"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 prepared by the Facility Director in consultation with the
Operations Board, and submitted to the Administration Board for its approval in accordance with
Section 5 and Section 9 of this SCORE Formation Interlocal 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 SCORE
Formation lnterlocal Agreement.
"Capital Contribution" means, for each Owner City, that Owner City's Owner Percentage
multiplied by the principal of and interest on Bonds as the same shall become due and payable.
"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.
~~Facility Director" means the director ofthe SCORE Facility selected by the Administrative
Board pursuant to Section 7 of this SCORE Formation lnterlocal Agreement.
""Host City" means the City of Des Moines, Washington.
"Member Cities" mean the Owner Cities and the Host City.
"Operations Board" means the board formed pursuant to Section 6 of this SCORE
Formation lnterlocal Agreement.
Ordinance No. 09-623
Page JJ of34
"Owner Cities" mean the Cities of Auburn, Renton, Federal Way, Tukwila, Burien and
SeaTac, Washington.
"Owner Percentage" means the percentage assigned to each Owner City, as follows:
(a) Auburn-thirty-one(31%)
(b) Federal Way - eighteen (18%)
(c) Renton - thirty-six (36%)
(d) Tukwila - eight (8%)
(e) Burien - four (4%)
(f) SeaTac - three (3%)
"Presiding Officer" means the member of the Administrative Board selected pursuant to
Section 5 ofthis SCORE Formation lnterlocal Agreement.
"SCORE" means the governmental administrative agency established pursuant to
RCW 39.34.030(3) 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.
"SCORE Formation Interlocal Agreement" means this Amended and Restated SCORE
Interlocal Agreement among the Member Cities, as amended from time to time.
"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 SCORE Formation lnterlocal
Agreement.
Section 2.
SCORE Facility: Authority.
(a) Administrative Agency. There 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 the Member Cities and Subscribing Agencies
which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in
writing and approved by SCORE as provided herein.
Ordinance No. 09-623
Page 12 of34
(c) Administrative Board. The affairs of SCORE shall be governed by the
Administrative Board formed pursuant to Section 5 of this SCORE Formation Interlocal Agreement.
The Administrative Board shall have the authority to:
1. Recommend action to the legislative bodies ofthe Member Cities;
2. Approve the Budget, adopt financial policies and approve expenditures;
3. Establish policies for investing funds and incurring 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 meetings as may be designated 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 SCORE Formation lnterlocal
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 SCORE Formation Interlocal Agreement;
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;
Ordinance No. 09-623 Page 13 of 34
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. Enter into contracts with Subscribing Agencies to provide correctional
servIces;
20.
Employ employees as necessary to accomplish the terms of this SCORE
Formation lnterlocal Agreement;
21.
Establish policies and procedures for adding new cities as parties to this
SCORE Formation lnterlocal Agreement; and
22.
Engage in any and all other acts necessary to further the goals ofthis SCORE
Formation lnterlocal Agreement.
Section 3.
Duration of A2reement.
The initial duration of this SCORE Formation lnterlocal 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 SCORE Formation lnterlocal Agreement.
Notwithstanding the foregoing, this SCORE Formation Interlocal Agreement shall not terminate
until all Bonds issued by the SCORE Facility Public Development Authority as provide in Section
15 of this SCORE Formation Interlocal 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 participation in this SCORE Formation Interlocal 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 Cities, call for a termination of SCORE and this SCORE
Ordinance No. 09-623
Page 14 of34
Formation lnterlocal Agreement. Upon an affirmative supermajority vote (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 (1) year from the date of the vote to terminate this SCORE
Formation Interlocal Agreement. Upon the final termination date, this SCORE Formation Interlocal
Agreement shall be fully terminated.
(c) Subject to Section 4(g) below, in the event any Owner City or the Host City fails to
budget for or provide its applicable 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 SCORE Formation lnterlocal Agreement and to have
forfeited all its rights under this SCORE Formation lnterlocal 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 Owner City withdraws its membership in SCORE, the withdrawing
City will forfeit any and all rights it may have to SCORE's real or personal property, or any other
ownership in SCORE, unless otherwise provided by the Administrative Board.
(f) Upon termination of this SCORE Formation Interlocal Agreement, all property
acquired during the life of this SCORE Formation lnterlocal Agreement shall be disposed of in the
following manner:
1. All real and personal property acquired pursuant to this SCORE Formation
lnterlocal Agreement shall be distributed to the Owner Cities based on the Owner
Percentages; and
2. All unexpected funds or reserve funds shall be distributed based on the
percentage of average daily population 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 Owner City from this SCORE Formation Interlocal
Agreement shall not discharge or relieve the Owner 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. An Owner City may be relieved of its
obligation under this SCORE Formation Interlocal Agreement to make payments with respect to its
Ordinance No. 09-623
Page 15 of34
Capital Contribution if the Administrative Board, by supermajority vote (majority plus one),
authorizes such reliefbased 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.
(b) Allocation of Votes. Each Board member shall have 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 ofthis SCORE Formation Interlocal Agreement; and (5) approval oflabor
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 11 of
this SCORE Formation lnterlocal Agreement not directly incidental to correctional services (such as
providing court services); and (3) matters addressed in Sections 4(b) and (g) of this SCORE
Formation lnterlocal 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.
(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 ofthe 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 ofthe 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 designated by the Presiding Officer, the first meeting shall be held on the
second Tuesday of February of each year to review the prior year's service. The second meeting
shall be on the second Tuesday of September of each year to 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.
Ordinance No. 09-623
Page 16 of 34
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 general or particular authorization or review and
concurrence of the Administrative Board by majority vote shall be necessary for all capital
expenditures or contracts in excess of $50,000.
Section 6.
Operations Board.
(a) F ormation. 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 in attendance, will participate in the election. The Member Cities' Operations Board
representatives shall not participate in the at-large member elections. The at-large members shall
serve one-year terms, unless otherwise determined by majority vote of the Operations Board. The
purpose and duties of the Operations Board shall be established by the Administrative Board.
(b) V oting and Meetings ofthe Operations Board. Each member ofthe 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 ofthe 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 Board. 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
Ordinance No. 09-623
Page 17 of34
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 SCORE Formation Interlocal
Agreement. The Facility Director shall administer the program in its day-to-day operations
consistent with the policies adopted by the Administrative Board. Such Facility Director shall
have 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
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.
Bud2et. 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 shall develop 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
Ordinance No. 09-623
Page 18 of34
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 party to this SCORE Formation lnterlocal 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 SCORE Formation lnterlocal 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.
(b) The Member Cities hereby agree to furnish legal assistance, from time to time, as
approved by the Administrative Board. The Administrative Board may contract with the City
Attorney of a 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 ofthe
Administrative Board.
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
Ordinance No. 09-623
Page 19 of 34
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 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 consideration 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 Financin2 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.
(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
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
chartered the SCORE Facility Public Development Authority. The purpose ofthe SCORE Facility
Public Development Authority is to issue Bonds to finance and refinance the acquisition,
construction, improvement and equipping ofthe SCORE Facility. The Administrative Board shall
serve ex officio as the Board of Directors ofthe 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.
Ordinance No. 09-623
Page 20 of 34
(1) Capital Contributions. Each Owner City shall be obligated to pay an amount
equal to its Capital Contribution without regard to the payment or lack thereof by any other
Owner City. No Owner City shall be obligated to pay the Capital Contribution of any other
Owner City, and each Owner City shall be obligated to budget for and pay its Capital
Contribution. The obligation of each Owner City to pay its Capital Contribution shall be an
irrevocable full faith and credit obligation of such Owner City, payable from property taxes
levied within the constitutional and statutory authority provided without a vote of the electors
of the Owner City on all of the taxable property within the Owner City and other sources of
revenues available therefor. Each Owner 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). Each Owner City's
obligation to pay the Capital Contribution shall not be contingent on the receipt of any
revenues from other sources, including but not limited to Subscribing Agencies or the Host
City.
An Owner 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 Owner Cities shall not affect the Capital Contribution of the remaining
Owner Cities. Any Owner City that elects to prepay its Capital Contribution shall be
responsible for paying all costs associated with such prepayment.
(2) Costs of Maintenance and Operation. Subject to the terms of the financial
policies established by the Administrative Board pursuant to Section 9(b) of this SCORE
Formation lnterlocal 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 Member City's 2007 average daily population in all correctional
facilities (as provided in the SCORE financial policies) 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 Maintenance and Operation shall be 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 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 Owner City shall be obligated to pay of Costs of Maintenance and
Ordinance No. 09-623
Page 21 of 34
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) Billing and Allocation of Revenues. Each Member City shall be billed for its Capital
Contribution and its portion of Costs of Maintenance and Operation, as applicable, on a semiannual
basis, or more frequently as determined by the Administrative Board, calculated as provided for in
Section 1 5( d) above. Revenues received in a calendar year from Subscribing Agencies or from
sources other than the contributions described in Section 15( d) above shall be allocated among the
Member Cities as follows: (i) each Member City shall receive a credit against its obligation to pay
Costs of Maintenance and Operation based on that Member City's proportional average daily
population as calculated in Section 15( d)(2) above, and (ii) each Owner City shall receive a credit
against its Capital Contribution based on that Owner City's proportional Owner Percentage.
(f) Host City. Pursuant to RCW 35.21.740, the City of Des Moines, as the Host City,
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
SCORE Formation lnterlocal Agreement. The Host City shall enter into a written agreement with
SCORE and any of the Owner Cities, as applicable, to establish a host city fee to be paid in exchange
for the availability ofthe SCORE Facility.
(g) 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 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 will 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.
(h) Additional Financing. Notwithstanding anything to the contrary in this SCORE
Formation lnterlocal 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.
(i) 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. Consequently, the
SCORE Facility is essential to the preservation ofthe public health, safety, and welfare. As a result,
the SCORE Facility's 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 R CW 39.04.2 80( 1 )(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.
Ordinance No. 09-623
Page 22 of 34
Section 16. Preliminary Costs ofthe SCORE Facility: Bellevue Property
The Administrative Board shall allocate costs associated with the design, acquisition,
construction, improvement and equipping of the SCORE Facility prior to the issuance ofthe Bonds
by the SCORE Facility Public Development Authority among the Member Cities by an affirmative
vote of a supermajority (majority plus one) of the ofthe Member Cities, two (2) ofwhich 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, Bellevue, Washington and 1412 116th Avenue NE, Bellevue,
Washington (estimated to be approximately $3,180,000) shall be deposited with SCORE and used to
finance costs associated with the design, acquisition, construction, improvement and equipping ofthe
SCORE Facility.
Section 17. Compliance with Continuin2 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 Owner 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. Filin2 of A2reement
Upon execution, this SCORE Formation lnterlocal Agreement shall be filed as required in
RCW 39.34.040.
Section 19. Severability
If any part, paragraph, section or provision of this SCORE Formation lnterlocal Agreement is
adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the
validity of any remaining section, part or provision of this SCORE Formation lnterlocal Agreement.
Section 20. Execution and Amendment
This SCORE Formation lnterlocal Agreement shall be executed on behalf of each Member
City by its Designated Representative, or other authorized officer of the Member City, and pursuant
to an appropriate motion, resolution or ordinance of each Member City. This SCORE Formation
lnterlocal Agreement shall be deemed adopted upon the date of execution by the last so Designated
Representative or other authorized officer.
This SCORE Formation lnterlocal Agreement may not be effectively amended, changed,
modified or altered, except by an instrument in writing duly executed by the Designated
Representative, or other authorized officer, of each Member City and pursuant to an appropriate
Ordinance No. 09-623
Page 23 of 34
motion, resolution or ordinance of each Member City, so long as such amendment does not
materially adversely affect the owners of the Bonds or affect the tax-exempt status of the interest
paid on the Bonds. If the Bonds issued by the SCORE Facility Public Development Authority are
rated by a rating agency, then no amendment that adds or removes an Owner City from this SCORE
Formation lnterlocal Agreement or revises Section 15 of this SCORE Formation lnterlocal
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 of the 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 ofthe 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 SCORE Formation lnterlocal Agreement shall defend, indemnifY and save
one another harmless from any and all claims arising out of the performance of this SCORE
Formation Interlocal Agreement, except to the extent that the harm complained of arises from the
sole negligence of one of the participating members. Any loss or liability resulting from the
negligent acts errors or omissions of the Administrative Board, Operations Board, Facility Director
and or staff, while acting within the scope of their authority under this SCORE Formation lnterlocal
Agreement shall be borne by SCORE exclusively.
Ordinance No. 09-623
Page 24 of34
Section 23. Counterparts
This SCORE Formation lnterlocal 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 SCORE Formation Interlocal
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:
By:
CITY OF FEDERAL WAY
CITY OF BURIEN
By:
By:
CITY OF SEATAC
By:
Ordinance No. 09-623
Page 25 of 34
EXHIBIT B
Form of Interlocal Agreement
among the Cities of Renton, Federal Way, Auburn, and Des Moines, Washington,
and the South Correctional Entity
(attached)
Ordinance No. 09-623
Page 26 of 34
HOST CITY AGREEMENT
THIS HOST CITY AGREEMENT (""Host City Agreement") among the Cities of Renton,
Federal Way, Auburn, and Des Moines, Washington, all of which are municipal corporations under
the laws and statutes of the State of Washington, and the South Correctional Entity, a governmental
administrative agency formed pursuant to RCW 39.34.030(3) (""SCORE," and together with Renton,
Federal Way, Auburn and Des Moines, the ""Parties"), is entered into this ,2009:
RECITALS:
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 Cities of Auburn, Renton, Federal Way, Des Moines, Burien, SeaTac and
Tukwila, Washington (the "'Member Cities") entered into a SCORE lnterlocal Agreement, dated
February 25, 2009 (the ""Original lnterlocal Agreement"), to form a governmental administrative
agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("'SCORE") to
establish and maintain a consolidated correctional facility to be located in the City of Des Moines
(the ""SCORE Facility") to serve the Member Cities and federal and state 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 the South Correctional Entity Facility Public
Development Authority (the ""Authority"), a public development authority chartered by Renton
pursuant to RCW 35.21.730 through 35.21.755; and
WHEREAS, under the Original lnterlocal Agreement, bonds issued by the Authority are
secured by the full faith and credit of each Member City in the percentages set forth therein; and
WHEREAS, the Member Cities now desire to amend the Original lnterlocal Agreement
pursuant to the terms of an Amended and Restated SCORE lnterlocal Agreement (the ""SCORE
Formation lnterlocal Agreement") to reallocate the proportion of debt service on bonds issued by the
Authority among Auburn, Renton, Federal Way, Burien, SeaTac, and Tukwila (the ""Owner Cities")
and to designate Des Moines as the host city; and
WHEREAS, as the host city, Des Moines will have all of the same powers and privileges
under the SCORE Formation lnterlocal Agreement as the other Member Cities, including voting
Ordinance No. 09-623
Page 27 of34
authority and obligations with respect to paying costs of maintenance and operation of the SCORE
Facility, but is not obligated to make capital contributions toward the payment of debt service on
bonds issued by the Authority; and
WHEREAS, the SCORE Formation lnterlocal Agreement requires Des Moines to enter into a
written agreement with SCORE and the Owner Cities, as necessary, pursuant to which Des Moines
will pay a host city fee for the availability ofthe SCORE Facility; and
WHEREAS, the purpose of this agreement is to set forth the host city fee to be paid by Des
Moines and provisions related thereto;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows:
Section 1. Definitions. Capitalized terms used in this Host City Agreement shall have the
following meanings. Capitalized terms used in this Host City Agreement not otherwise defined
herein shall have the meanings given such terms in the SCORE Formation lnterlocal Agreement.
""Administrative Board" means the governing board of SCORE created pursuant to the
SCORE Formation lnterlocal Agreement.
""Authority" means the South Correctional Entity Facility Public Development Authority
chartered by the City of Renton, Washington.
'"Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the
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.
""Capital Contribution" shall have the meaning set forth in the SCORE Formation lnterlocal
Agreement.
""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.
""Host City Agreement" means this Host City Agreement among the Cities of Renton, Federal
Way, Auburn, and Des Moines, Washington, and SCORE, as amended from time to time.
"'Host City Fee" means the fee to be paid by Des Moines as set forth in Section 2 of this Host
City Agreement.
""Member Cities" mean the Owner Cities and Des Moines.
Ordinance No. 09-623
Page 28 of 34
"'Owner Cities" mean the Cities of Auburn, Federal Way, Renton, Tukwila, Burien and
SeaTac, Washington.
"'SCORE" means the governmental administrative agency established pursuant to
RCW 39.34.030(3) by the Member Cities.
""SCORE Facility" means the consolidated correctional facility acquired, constructed,
improved, equipped, maintained and operated by SCORE.
""SCORE Formation lnterlocal Agreement" means the Amended and Restated SCORE'
lnterlocal Agreement among the Member Cities, as may be further amended from time to time
""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 ofthe SCORE Formation lnterlocal Agreement.
Section 2. Host City Fee. A Host City Fee shall be paid by Des Moines for the
availability of the SCORE Facility under the terms of this Host City Agreement and the SCORE
Formation lnterlocal Agreement. The Host City Fee shall be an amount equal to 5% oftheprincipal
of and interest due on Bonds issued by the Authority. In consideration of the payment of the Host
City Fee, Des Moines shall not be obligated to make a Capital Contribution under Section 15( d)( 1)
of the SCORE Formation lnterlocal Agreement. Payment of the Host City Fee as provided herein
shall be in addition to and not in lieu of the obligation of Des Moines to pay its allocable portion of
Costs of Maintenance and Operation of the SCORE Facility as provided in Section 15( d)(2) ofthe
SCORE Formation lnterlocal Agreement.
Section 3.
Method and Timing of Payments; Accounting and Allocation of Revenue.
(a) Method of Payments. SCORE shall bill Des Moines its Host City Fee on a
semiannual basis, or more frequently as determined by the Administrative Board. Payments shall be
made by Des Moines in immediately available funds on the date when due.
(b) Timing of Payments. Host City Fee payments shall be made by Des Moines to
SCORE no later than the date which the Owner Cities are obligated to make Capital Contributions to
pay debt service on Bonds issued by the Authority, as further provided in financial policies approved
by the Administrative Board.
(c) Accounting. SCORE shall account for and hold separately any payments received
from Des Moines under this Host City Agreement from other amounts received by SCORE under the
SCORE Formation lnterlocal Agreement. Renton, Auburn, and Federal Way shall each have a 2/5,
2/5, and 115 interest, respectively, in any payments received by SCORE under the terms ofthis Host
City Agreement, and such payments shall be credited against amounts owed by Renton, Auburn and
Federal Way under the SCORE Formation lnterlocal Agreement. Notwithstanding the foregoing,
nothing in this Host City Agreement shall relieve Renton, Auburn or Federal Way from paying its
Ordinance No. 09-623
Page 29 of 34
Capital Contribution at the times and in the amounts required by Section 15( d)(1) of the SCORE
Formation lnterlocal Agreement.
Section 4. Nature of the Obligation. The obligation of Des Moines to pay the Host City
Fee in the amounts, at the times and in the manner described herein shall be absolute and
unconditional, and shall not be subject to diminution by setoff, counterclaim, abatement or
otherwise. Des Moines hereby agrees to pay the Host City Fee at the times and in the amounts
required hereunder regardless of whether the SCORE Facility is operating at any particular time.
The obligation of Des Moines to pay the Host City Fee shall be an irrevocable full faith and credit
obligation of Des Moines, payable from property taxes levied within the constitutional and statutory
authority provided without a vote ofthe electors of Des Moines on all ofthe taxable property within
Des Moines and other sources of revenues available therefor. Des Moines hereby agrees to set aside
and include in its calculation of outstanding non voted general obligation indebtedness an amount
equal to the principal amount of the Host City Fee so long as Bonds remain outstanding for the
duration of this Host City Agreement.
Des Moines may prepay the Host City Fee in the same manner permitted to Owner Cities
under the terms of the SCORE Formation Interlocal Agreement. Any such prepayment shall be
allocated among Renton, Auburn, and Federal Way as provided in Section 3(c) hereof.
Section 5. Term of Host City Agreement; Termination.
(a) The term of this Host City Agreement shall commence on the effective date ofthis
Host City Agreement and, unless otherwise terminated or amended as set forth herein, shall
automatically terminate upon the earlier of (i) expiration or termination of the SCORE Formation
lnterlocal Agreement, or (b) the date when Bonds issued by the Authority are no longer outstanding.
(b) Any Party to this Host City Agreement may withdraw its membership and terminate
its participation in this Host City Agreement by providing written notice to the other Parties hereto.
Notwithstanding the foregoing, Des Moines may not withdraw its membership and terminate its
participation in this Host City Agreement for so long as Bonds issued by the Authority are
outstanding unless the other Parties hereto have consented in writing to such withdrawal and
termination.
(c) Real and personal property acquired during the life of the SCORE Formation
Interlocal Agreement shall be held in the name of SCORE and shall be disposed of as provided in
Section 4 thereof. In consideration of the payments made by Des Moines as provided in Section 2 of
this Host City Agreement, Renton, Auburn, and Federal Way each hereby agree to allocate 2%,2%,
and 1 %, respectively, of the total equity in real and personal property held by SCORE and financed
with proceeds of the Bonds to Des Moines upon termination of this Host City Agreement.
(d) Upon the occurrence of a default by Des Moines in its obligations hereunder, the
other Parties hereto may proceed to protect and enforce their right in equity or at law, either in
mandamus or for the specific performance of any covenant or agreement contained herein, or for the
Ordinance No. 09-623
Page 30 of 34
enforcement of any other appropriate legal or equitable remedy, as such Parties may deem most
effectual to protect and enforce any of its rights or interests hereunder.
Notwithstanding anything to the contrary in this Host City Agreement, in the event that Des
Moines fails to budget for or pay the Host City Fee when due, the remaining Parties hereto may
immediately declare this Host City Agreement to be terminated, and may withdraw SCORE's
correctional services from Des Moines, or alternatively, enter into a Subscribing Agency agreement
with Des Moines under tenns and conditions as the remaining Member Cities deem appropriate;
provided, however, neither the termination or withdrawal of services from Des Moines shall relieve
the obligation of Des Moines to pay the Host City Fee. Upon such event, Des Moines will have
forfeited its right to receive an allocation of the equity in real and personal property held by SCORE
and financed with proceeds of the Bonds as provided in Section 5( c) of this Host City Agreement,
and Renton, Auburn and Federal Way shall be entitled to their respective full allocation of equity as
provided in Section 4 of the SCORE Formation lnterlocal Agreement.
Section 6.
Miscellaneous.
(a) Governing Law; Venue. This Host City Agreement is governed by and shall be
construed in accordance with the laws of the State of Washington and shall be liberally construed so
as to carry out the purposes hereof. Except as otherwise required by applicable law, any action under
this Host City Agreement shall be brought in the Superior Court of the State of Washington in and
for King County.
To the extent permitted by applicable law, each of the parties waives any right to have a jury
participate in resolving any dispute, whether sounding in contract, tort, or otherwise between the
parties arising out of, connected with, related to, or incidental to the relationship between any of
them in connection with this Host City Agreement or the transactions contemplated hereby. Instead,
any such dispute resolved in court will be resolved in a bench trial without a jury.
(b) Attorneys' Fees and Expenses. lfa default arises under any of the provisions of this
Host City Agreement and any Party hereto should employ attorneys (including in-house counsel) or
incur other expenses for the collection of amounts due under this Host City Agreement or the
enforcement of performance or observance of any obligation or agreement on the part of the other
party contained in this Host City Agreement, on demand therefore, the non-prevailing Party shall pay
or reimburse the prevailing Party for the reasonable fees of such attorneys and such other expenses so
incurred.
(c) Notices. Except as otherwise provided herein, all notices, consents or other
communications required hereunder shall be made via electronic means or in writing and, if in
writing, shall be sufficiently given if addressed and mailed by first-class, certified or registered mail,
postage prepaid and return receipt requested, as follows:
Ordinance No. 09-623
Page 31 of 34
To Renton:
City of Renton
Attention: Finance and Information Services Department Administrator
1055 South Grady Way
Renton, Washington 98057
Phone: (425) 430-6858
To Auburn:
City of Auburn
Attention: Finance Director
25 West Main St.
Auburn, Washington 98001
Phone: (253) 931-3000
To Federal Way:
Federal Way
Attention: City Manager
33325 8th Avenue South
Federal Way, Washington 98063
Phone: (253) 835-7000
To Des Moines:
Des Moines
Attention: City Manager
21630 11 th Avenue South
Des Moines, Washington 98198
Phone: (206) 878-4595
To SCORE:
South Correctional Entity
Attention: Facility Director
1055 South Grady Way
Renton, Washington 98057
Phone: (425) 430-7565
Any Party hereto may, by notice given as required herein, designate any further or different
addresses to which subsequent notices, certificates, requests or other communications shall be sent.
Notices shall be deemed served upon deposit of such notices in the United States mail in the manner
provided above.
Ordinance No. 09-623
Page 32 of 34
(d) Binding Effect. This Host City Agreement shall inure to the benefit of and shall be
binding upon the Parties hereto and their successors. This Host City Agreement may not be
assigned.
(e) Severability. In the event any provision of this Host City Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
(f) Amendments. This Host City Agreement may not be effectively amended, changed,
modified or altered, except by an instrument in writing duly executed by an authorized officer of
each Party hereto and pursuant to an appropriate motion, resolution or ordinance of each Party
hereto.
(g) Waiver of Breach. No waiver of any breach of any covenant or agreement contained
herein shall operate as a waiver of any subsequent breach of the same covenant or agreement or as a
waiver of any breach of any other covenant or agreement, and in case of a breach by either party of
any covenant, agreement or undertaking, the nondefaulting party may nevertheless accept from the
other any payment or payments or performance hereunder without in any way waiving its right to
exercise any of its rights and remedies provided for herein or otherwise with respect to any such
default or defaults that were in existence at the time such payment or payments or performance were
accepted by it.
(h) No Rights Created in Third Parties. The terms of this Host City Agreement are not
intended to establish nor to create any rights in any persons or entities other than the Parties hereto
and the respective successors and assigns of each.
(i) Time of Essence. Time and all terms and conditions shall be of the essence of this
Host City Agreement.
(j) Filing of Host City Agreement. Upon execution, this Host City Agreement shall be
filed as required in RCW 39.34.040.
(k) Counterparts. This Host City Agreement may be executed simultaneously in several
counterparts, each of which shall be an original and all of which shall constitute one and the same
agreement.
Ordinance No. 09-623
Page 33 of 34
IN WITNESS WHEREOF, Renton, Auburn, Federal Way, Des Moines and SCORE have
caused this Host City Agreement to be executed in their respective names by their duly authorized
officers, and have caused this Host City Agreement to be dated and effective as ofthe date set forth
on the first page hereof.
CITY OF RENTON, WASHINGTON
CITY OF AUBURN, WASHINGTON
By:
By:
Denis Law, Mayor
Pete Lewis, Mayor
CITY OF FEDERAL WAY,
WASHINGTON
CITY OF DES MOINES, WASHINGTON
By:
By:
Brian Wilson, City Manager
Anthony Piasecki, City Manager
SOUTH CORRECTIONAL ENTITY
By:
Jack Dovey, Presiding Officer
Mayor, City of Federal Way, Washington
Ordinance No. 09-623
Page 34 of 34