RES 18-741 - Authorizing Withdrawl from SCORE Interlocal AgreementRESOLUTION NO. 18-741
A RESOLUTION of the City of Federal Way, Washington, authorizing
withdrawal from the Amended and Restated South Correctional Entity
("SCORE") Interlocal Agreement.
WHEREAS, on October 1, 2009, the cities of Auburn, Des Moines, Federal Way, Renton,
Tukwila, Burien, and SeaTac ("Member Cities") entered into the Amended and Restated SCORE
Interlocal Agreement ("SCORE ILA") authorizing the creation of the SCORE jail facility for use by
the Member Cities and subscription entities; and
WHEREAS, in the SCORE ILA, the Member Cities premised the creation of the SCORE jail
on the conclusion that consolidating jail services at the SCORE jail would lower total cost to the
participating Member Cities than then currently available alternatives and lower than the
participating Member Cities could individually provide; and
WHEREAS, the SCORE jail was built utilizing capital raised through the sale of bonds
("Series 2009 Bonds") secured by the full faith and credit and the taxing authority of Auburn,
Federal Way, Renton, Tukwila, Burien, and SeaTac ("Owner Cities"); and
WHEREAS, in Section 15 of the SCORE ILA, the Member Cities agreed to pay the
Maintenance and Operation ("M&O") costs of operating the facility on a pro rata basis based on each
Member City's average daily population in the SCORE facility during the preceding year; and
WHEREAS, the City of Federal Way's ("City") allocable portion of M&O costs has risen
precipitously from $2.3 million in 2012 to $6.3 million in 2018 causing the City's overall jail costs
to also increase significantly; and
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WHEREAS, Section 4 of the SCORE ILA provides for the withdrawal of a Member City
from membership in the SCORE ILA and details the process by which a Member City may
withdraw; and
WHEREAS, Section 4 of the SCORE ILA, and the Series 2009 Bonds used to raise capital to
build the SCORE facility, require that a withdrawing Owner City continue to pay debt service on the
bonds in accordance with the schedule detail in the Series 2009 Bond prospectus; and
WHEREAS, the Federal Way Police Department analyzed the current market for jail services
and concluded that even after accounting for the ongoing debt service costs of the Series 2009
Bonds, jail services can be procured at significantly less overall cost from providers other than the
SCORE jail if the City were to withdraw from the SCORE ILA; and
WHEREAS, the Federal Way Police Department recommends that the City withdraw from
the SCORE ILA and use other jail service providers in order to conserve City funds; and,
WHEREAS, the Mayor concurs with the Federal Way Police Department's assessment and
recommends to the City Council that the City withdraw from the SCORE ILA and utilize other jail
service providers in order to realize significant cost savings; and
WHEREAS, the City Council has been presented with staff analysis of the proposal to
withdraw from the SCORE ILA and the Mayor's recommendation and concurs that withdrawing
from the SCORE ILA is in the City's best financial interests.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
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Section 1. As soon as is practicable, the City will give appropriate notice, through the Mayor,
to the Member Cities of the SCORE ILA that the City will withdraw from the SCORE ILA effective
on the last day of the year following delivery and service of said notice.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 4th day of September, 2018.
[signatures to follow]
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CITY OF FEDERAL WAY:
ATTEST:
SUMANIE COURTNEY,, CITY CLERK
APPROVED AS TO FORM:
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J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 08/28/2018
PASSED BY THE CITY COUNCIL: 09/04/2018
RESOLUTION NO.: 18-741
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