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HomeMy WebLinkAboutFS 2008-03-04 Item 2D - Interlocal Agreement - South Correctional Entity (SCORE) Public Development Authority for Multi-Jurisdictional Misdemeanor Jail Facility DRAFT DATE: February 26, 2008 TO: Finance and Safety Committee FROM: Mayor's Office STAFF CONTACT: Rhonda Berry Chief David Haynes SUBJECT: Issue Paper - SCORE Public Development Authority for a Multi-jurisdictional Misdemeanor Jail Facility Issue: All cities in King County are facing the elinlination of jail space for misdemeanor offenders. King County Jail and Yakima County Jail are currently utilized to provide housing for misdemeanor offenders. The contracts with both of these facilities expire within the next four years and alternative housing must be found. After reviewing possible alternatives, all of the cities in King County have identified the construction of new jail facilities as the most viable option to address the need for misdemeanor jail capacity. The cities of Auburn, Des Moines, Federal Way, Kent, Renton and Tukwila have joined together in this effort. This group has been identified as "SCORE" which stands for the South Correctional Entity. SCORE cities are recommending the creation of a Public Development Authority (PDA) to issue bonds for the construction of an 808 bed jail. The facility would be operated by SCORE and set up in a manner similar to ValleyCom, the regional dispatch center that most of the SCORE cities already utilize. Background: In May 2001, King County Executive Ron Sims cancelled the existing jail contract for all cities in King County. As a result of extensive negotiations held over 15 months, an agreement with King County was reached that provided for short-term use of the King County Jail. The existing contract benveen all the cities and King County expires on December 31, 2012. In 2006, King County exercised its option to reopen the current contract in an attempt to increase housing rates. King County expressed a desire to increase housing rates by approximately $2,000,000 annually. This would be a significant increase for our city. As part of those negotiations, the King County cities expressed two interests. The first interest was an extension of the existing contract until 2014 and the second was an UXAFT increase of 110 beds to a maximum usage of 330 beds, instead of the 220 beds established in the contract. Negotiations between the cities and King County reached an impasse when both of these requests were dismissed without any movement on the part of King County. The deadline to remove misdemeanor inmates from King County Jails remains at December 31, 2012. Most of the cities in King County have also contracted with Yakima County for misdemeanor jail services. The Yakima County contract is due to expire on December 31, 2010, two years prior to the King County contract expiration. While Yakima County has indicated a willingness to renegotiate a contract with individual cities, in contrast to the multijurisdictional contract that they currently have, some jurisdictions have found the level of service to be problematic. It is also anticipated that there will be a significant increase in the daily fee for jail services in Yakima. The daily transportation schedule with Yakima is in jeopardy as well. Yakima has already expressed an interest in having the individual cities take over the transportation duties for shuttling inmates to Yakima, which would be prohibitive both in cost and personnel. Even if the Yakima County contract were to be re- negotiated, it would not allow for our city police officer to book someone when they are arrested for misdemeanor offenses. Those offenses include things such crimes as domestic violence and DUI. The cities have only limited options to address the impending deadlines for the jail contracts. Those options are: 1) Continue to contract with King County and Yakima County Jails until those contracts expire, and then attempt to replace those contracts with new contracts. However, there are currently no other facilities in the state that can take the number of inmates that will be displaced with the expiration of the existing contracts. 2) The city could build its own facility and manage our own inmates. This option would take as long as building a multi jurisdiction facility and would be more costly to operate. The King County cities participated in a joint planning effort in order to address the long term need for jail space. In 2006, the King County cities collectively hired Ricci Greene and Associates (RGA) to do a study identifying long term jail needs. The study identified that the King County cities need a total of 1,450 beds to meet our misdemeanor jail needs in the next twenty years. Of those 1,450 beds, 700 are needed to accommodate the jail needs in south King County, in addition to the beds already in use in the Kent and Renton jails. Based upon the RGA report, the south King County cities came together to explore a third option, the possibility of establishing a sub regional misdemeanor jail facility. This group has become known as SCORE. DRAFT Over the past year, the SCORE group has explored local jails, identified possible budgets, staffing plans, and potential sites in which to locate a south King County jail. In order to validate the work that had been done, the SCORE cities undertook a formal feasibility study in November 2007 which has just been completed. The City of Renton served as lead agency for the feasibility study. Each of the cities appointed staff to serve on a work team and select a vendor for the feasibility study. Unanimously, the team selected DLR Group to do the study. The feasibility study looked at six specific elements. Those elements were jail programming, site description, conceptual design, staffing, budgets for construction and operations and a final cost benefit analysis. The feasibility study revealed that an 808 bed misdemeanor jail facility would cost $89,822,319 to be built, with completion in third quarter 2011. The annual operating budget, including debt service, would be $27,967,620. This would result in a daily housing fee of $94, in 2008 dollars. Of the $94 daily fee, $73 would be for operating costs and $21 would be for debt service. By comparison, the cities currently pay King County $110 per day for housing, with another $209 charged for a booking fee. The daily rate could be reduced by revenue generated from contract agencies using unused beds. The potential contract agencies include cities in the south King County area that do not currently have their own jail facilities. Those cities are Normandy Park, Burien, SeaTac, Covington and Maple Valley. The proposed 808 bed facility would be a full-service facility that is able to accommodate inmates needing specialized care, including medical, mental health and behavior management housing. None of the existing local jails can provide this level of care. These inmates have traditionally been sent to King County Jail because Yakima County J ail is unwilling to accept these inmates. Given the limited options and approaching deadlines, the best option is to support the creation of SCORE as an independent governmental entity, like Valley Com, our regional dispatch center. SCORE would be set up as a Public Development Authority and issue the necessary bonds to construct the facility. In order to be able to open the facility as close to the deadlines as possible, timely action on the SCORE proposal is critical. Construction escalation is significant on a project of this size. Each month adds $600,000 to the overall construction costs. STAFF RECOMMENDATIONS: The City Council concurs with the recommendation of City Administration to approve the creation of a PDA for SCORE, authorizing the financing, construction and operation of a multi-jurisdictional misdemeanor jail facility. SCORE INTERLOCAL AGREEMENT DRAFT TillS AGREEl\1ENT made and first entered into this _day of _, 2008, by and among the undersigned municipalities, the cities of Auburn, Des Moines, Federal Vhy, Kent, Renton, and Tukwila, all of which are municipal corporations under the laws and statutes of the State ofV/ashington (the "Member Cities"): WITNESSETH: \VHEREAS, the undersigned municipal corporations are desirous of establishing and maintaining a consolidated correctional facility, to hereafter be known as the "SCORE FACILITY" (SOUTH CORRECTIONAL ENTITY FACILITY), and WHEREAS, this Agreement and the activities described herein below are consistent with the provision and terms of the "Interlocal Cooperation Act" pursuant to RCW 39.34 et seq; and WHEREAS, the establishment of such Facility will provide improved correctional facilities within the boundaries of the consolidated service area at a lower cost to the participating local governments, together with such other governmental units as may hereafter contract with the undersigned for correctional services, and WHEREAS, the establishment and maintenance of such Facility will be of substantial benefit of the undersigned cities and the public in general, NO\V THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: 1.0 SCORE FACILITY - AUTHORITY There is hereby established a governmental administrative agency pursuant to RCW 39.34.030 (3)(b) and RCW 35.58.100, to be hereafter known as the "SCORE Facility" initially consisting of the participating cities of Auburn, Des Moines, Federal Vhy, Kent, Renton, and Tukwila, as members thereof. Said Facility shall have the responsibility and authority, among others, for correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the aforementioned member cities. In addition thereto the Facility may serve other municipal corporations (subscribing agencies) existing within the logical, physical service area and which are in need of such correctional services. Any agreement with such additional municipal entities shall be in writing and approved by the undersigned city members. The Facility shall be governed by the Administrative Board, the Facility's powers shall include, but not be limited to the powers listed below: SCORE Interlocal Agreement Draft - February 20, 2008 Page I of 10 DRAFT a. Recommend action to the legislative bodies of the participating members; b. Review and approve debt expenditures; c. Establish policies for expenditures of budget items for the Facility; d. Review and adopt a personnel policy for the SCORE Facility; e. Establish a fund, or special funds, as authorized by RC\V 39.34.030 for the operation of the SCORE Facility; f. Conduct regular meetings as may be designated by the Administrative Board; g. Determine what services shall be offered and under what terms they shall be offered; h. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement; 1. Establish rates for services provided to other members, subscribers or participating agencies; J. Direct and supervise the activities of the Operations Board and the Facility Director; k. Incur debt in the name of the Facility, to make purchases or contract for services necessary to fully implement the purposes of this Agreement; I. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; m. Receive all funds allocated to the Facility from its members; n. To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the facility; o. To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all of its property and assets; p. To sue and be sued, complain and defend, in all courts of competent jurisdiction in the Facility's name; q. To make and alter bylaws for the administration and regulation of its affairs; r. Enter into contracts with future participating members and subscribers to provide correctional services; s. Any and all other acts necessary to further the Facility goals and purposes. 2.0 DURATION OF AGREEMENT - TERMINATION The initial duration of this Agreement shall be for a period often (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this agreement. This agreement shall not terminate until all bonds issued by the SCORE Public Development Authority have been paid and retired. SCORE Interlocal Agreement Draft - February 20, 2008 Page 2 of 10 R Fr 3.0 WITHDRAWAL Al\TD TERMINATION 3.1 Any Member City may withdraw its membership and terminate its participation in this agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in any one- year. After providing appropriate notice as provided in this section, that Member City's membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. 3.2 Three (3) or more Member Cities may, at anyone time, by written notice provided to all Member Cities, call for a complete termination of SCORE and this agreement. Upon an affIrmative supermajority vote (majority plus one) by the Member Cities, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. 3.3 In the event any Member City fails to budget and provide the required annual membership funding for SCORE, the remaining Member Cities may, by majority vote, immediately declare the under funding City to be terminated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 3.5. The remaining Member Cities may, at their option, \vithdra\v SCORE's correctional services with that city, or alternatively, enter into a Subscribing Agency Agreement with that city under terms and conditions as the remaining Member Cities deem appropriate. 3.4 Time is of the essence in giving any termination notice. 3.5 If an individual Member City withdraws its membership in SCORE, the withdrawing city will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Adnlinistration Board. 3.6 Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: a. All real and personal property purchased pursuant to this agreement shall be distributed based on equal shares apportioned to those Member Cities still existing on the day prior to the termination date; and b. All unexpected funds or reserve funds shall be distributed based on the percentage of total annual charges assessed by the Administrative Board during the period of this agreement and paid by each Member City. SCORE Interlocal Agreement Draft - February 20, 2008 Page 3 of 10 FT 3.7 Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 3, the withdrawal of any Member City shall not discharge or relieve any Member City of its obligations to the SCORE Public Development Authority. 4.0 ADMThTISTRATIVE BOARD 4.1 An Administrative Board composed by one member from each participating city shall govern the affairs of the Facility, and such member shall be the Mayor or his or her designee. Each Board member shall have an equal vote and voice in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Adnlinistrative Board. 4.2 A Presiding Officer shall be elected by the Board's members, together with such other officers as a majority of the Board may determine. There shall be a nlinimum oftwo (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to review and present a budget to each participating member. Other meetings may be held upon request of the Presiding Officer or any two members. 4.3 The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the Facility's general operations. 5.0 OPERATIONS BOARD 5.1 There is further established an Operations Board which shall consist of one member of each participating Member City's Police Department(s), including the head of such Department(s) and/or their designee. Additionally, the subscribing agencies shall, by majority vote, elect one (1) at-large member to represent the subscribing agency's police department(s). At the time set for election of the at-large members, only the subscribing agency's representatives, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless amended by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. Each Operating Board member shall have an equal vote in all Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order SCORE Interlocal Agreement Draft - February 20, 2008 Page 4 of 10 FT shall govern all procedural matters relating to the business of the Operations Board. 5.2 The Operations Board shall elect a Presiding Officer from its members and shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall be held each month at a time and place designated by the Presiding Officer or a majority of its members. Special meetings may be called by the Presiding Officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the Operations Board Members. 6.0 FACILITY DIRECTOR Not later than one hundred eighty (180) days prior to the completion of the facility, the Operations Board shall recommend to the Administrative Board a person to act as the Facility Director. Such Director shall be responsible to the Adnllnistrative Board, shall advise same from time to time on a proposed budget and other appropriate means in order to fully implement the purposes of this Agreement. The Director shall administer the program in its day-to-day operations consistent with the policies adopted by the Administrative Board. Such Director shall also act as the Finance Officer of the Facility and all disbursements shall have the prior written approval of the Operations Board. Such Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. 7.0 PERSONNEL POLICY 7.1 The Operations Board shall submit to the Administrative Board within one hundred eighty (180) prior to the completion of the facility, a proposed personnel policy for said Facility for its approval, rejection or modification. All of such modifications or revisions shall have the final approval of the Adnlinistrative Board. 7.2 Such personnel policy shall provide for the initial appointment to the Facility's staff from the personnel presently, permanently appointed or assigned as corrections officers in the participating cities. Additional and subsequent employees, with the exception of the Facility's Director, shall be appointed by the Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees SCORE Interlocal Agreement Draft - February 20, 2008 Page 5 of 10 ["~/~ ~CJJT4 Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. ~ ?:i ~ 8.0 BUDGET 8.1 The Director shall present a proposed budget to the Operations Board on or before August 1 of each year, which said budget shall then be presented to the Administrative Board no later than September 1 of such year. Thereafter, the participating local entities shall be advised of the programs and objectives as contained in said proposed budget, and of the required financial participation for the ensuing year. No funds shall be expended by such Facility until proper funds have been appropriated by each participating city in its annual budget, and as otherwise provided by law. The allocation of prorated financial participation among local governments shall be the percentage of inmates booked and housed attributed to each jurisdiction compared to the total inmates booked and housed. The percentages shall be applied to the current approved budget less revenue from outside sources. Upon approval of each participating entity of its budgetary allocation for the Facility's operation in the ensuing year, and verification thereof to said Facility, the Adnlinistrative Board shall, after public hearing as provided by law, adopt its [mal budget for the ensuing year. Participating local entities shall be billed bimonthly and payments made on or about the first day of February, April, June, August, October, and December of each year. 8.2 Each city shall be responsible to provide the necessary funding as may be determined by its respective City Council as provided by law. There shall be no obligation or expenditure incurred by the Facility or its Boards at any time until property funding has been appropriated by the Legislative body of each participating city. 9.0 CONTRACTS AND SUPPORT SERVICES The Administrative Board (or the Operations Board or the Director, if so designated by the Administrative Board) shall, as necessary, contract with the appropriate local government for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Director for the Facility. 10.0 POLICY A1\TD SYSTEM EVALUATION The Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall SCORE [nterlocal Agreement Draft - February 20, 2008 Page 6 of 10 OR ~T ". present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall have the prior approval of the Administrative Board. 11.0 ADDITIONAL SERVICE AUTHORIZED The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. 12.0 INVENTORY AND PROPERTY 12.1 Equipment and furnishings for the Facility's operation shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall rest with the respective local entity unless that equipment is acquired by SCORE. 12.2 The Director shall, at the time of preparing the proposed budget for the ensuing year, subnlit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owed by, leased or temporarily assigned to the Facility. In case of dissolution of the Facility, such assigned or loaned items shall be returned to the lending governmental entity and all other items, or funds derived from the sale thereof, shall be refunded and distributed to Member Cities in equal shares. However, to the extent SCORE liquidates all or part of any facility, or its property and equipment, the funds derived from the sale thereof, will be refunded and distributed to the original Member Cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila. 12.3 Ownership of Real Property a. Title to real property purchased or otherwise acquired shall be held in the name of the SCORE Facility; provided however, that for valuable consideration received, the Facility may convey ownership of any real property as may be approved by majority of the Administrative Board. 12.4 Method of Termination and Disposal of Real Property Upon Termination a. This Agreement shall remain in full force and effect from the date of the Agreement until terminated as set forth in Section 13, or upon agreement of at least a majority of all participating members. Upon termination of this Agreement, all real property acquired during the life of the Agreement shall be disposed of in the following manner: SCORE Interlocal Agreement Draft - February 20, 2008 Page 7 of 10 Q\t~f\ 1. All real and personal property purchased pursuant to this agreement shall be distributed based on the percentage of the total annual charges assessed by the Administrative Board during the period of this Agreement and paid by each participating member; 2. All unexpected reserve funds shall be distributed based upon the percentage of total annual charges assessed by the Administrative Board during the period of this Agreement and paid by each participating member. 13. LOCAL CONTROL Each local government shall retain the responsibility and authority for the operation of its police departments, and for such equipment and services as are required at its place of operation to utilize the Facility's operations. 14.0 CORRECTIONAL FACILITY FINANCING AND CONSTRUCTION. 14.1 In order to provide necessary services for itself and for subscribers, it is necessary for SCORE to construct a correctional facility. The Member Cities shall contribute to the financing and development ofthe new correctional facility on a pro-rated basis, each Member City paying sixteen and two-thirds percent (16.66%) ofthe total cost of development, less contributions from grants, other public agencies, or other sources. 14.2 The new SCORE facility, including all equipment, furnishings, and fixtures will constitute a critical link to the Member Cities and the Subscribing Agencies ability to provide correctional services and assure public safety. Subsequently, this new Facility is essential to the preservation of the public health, safety, and welfare. As a result, the Facility's equipment, furnishings, and fixtures are unique and subject to special standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy of the Member Cities is that the new SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the ne\v SCORE Facility shall be exempt from competitive bidding requirements. 14.3 The Administrative Board shall authorize, and the Chair of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Correctional Facility. These contracts shall include, \vithout limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. SCORE Interlocal Agreement Draft - February 20, 2008 Page 8 of 10 14.4 The Member Cities will finance the property acquisition and construction of the new Facility as agreed by the Administrative Board and as provided by law. 14.5 Legal Assistance. The participating municipal entities agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a participating city. 15. FILING OF AGREEMENT Upon execution, this Agreement shall be filed with the City Clerks of the respective Member Cities, the Secretary of State, and such other governmental agencies as may be provided by law. 16. SEVERABILITY If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. 17 EXECUTION This Agreement, or amendments hereto, shall be executed on behalf of each participating city by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance of each participating city. The Agreement, or any amendment, shall be deemed adopted upon the date of execution by the last so authorized representative 18. HOLD HARMLESS The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Adnlinistrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by the SCORE Facility exclusively. 19. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of \vhom shall be an originaJ, but those counterparts will constitute one and the same instrument. SCORE Interlocal Agreement Draft - February 20. 2008 Page 9 of 10 ~ IN WIThTESS WHEREOF, the undersigned herby affix their hands and seals. CITY OF AUBURN By: Mayor CITY OF DES MOINES By: Mayor CITY OF FEDERAL WAY By: Mayor CITY OF KENT By: Mayor CITY OF RENTON By: Mayor CITY OF TUKWILA By: Mayor SCORE Interlocal Agreement Draft - February 20, 2008 Page 10 of 10 CITY OF _, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF , WASHINGTON, AUTHORIZING CREATION OF A PUBLIC DEVELOPMENT AUTHORITY (PDA) KNOWN AS SCORE FOR THE PROVISION OF JAIL SERVICES \VHEREAS, RCW 35.21.730, Public Corporations, permits any public agency to create public corporations and authorities to provide services for any lawful public purpose; and \YHEREAS, RCW 39.34, the Interlocal Cooperation Act, permits any public agency to enter into an agreement with another public agency, to exercise any of their powers jointly or cooperatively, and/or to have one public agency perform any service, activity, or undertaking which each agency is authorized by law to perform; and \VHEREAS, Auburn, Kent, and Renton maintain a municipal jails pursuant to R.C.W. 70.48; and WHEREAS, Des Moines, Federal Way, and Tukwila do not maintain municipal jails; and WHEREAS, cities in King County have been informed by the King County Department of Adult and Juvenile Detention that King County will not accept misdemeanant inmates from King County cities after December 31, 2012; and WHEREAS, there is inadequate local jail space available to accommodate the misdemeanant inmates from Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila; and \YHEREAS, King County cities have, since 2002, been contracting with counties in Eastern Washington to house misdemeanant inmates at considerable cost for housing and transport; and WHEREAS, the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila desire to act jointly and cooperatively for the purpose of creating a PDA to finance, construct and manage a misdemeanant jail facility; NOW, THEREFORE, the City Council of the city of , 'vVashington, do resolve as follows: 1 City Attorney RESOLUTION NO. SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an Interlocal Agreement between the City of and the Cities of Auburn, Des Moines, Federal Way, Kent, Renton and Tukwila for the purposes of creating a PDA to finance, construct and manage a misdemeanant jail facility. PASSED BY THE CITY COUNCIL this day of 2008. APPROVED BY THE MAYOR this day of 2008. Approved as to foun: 2 City Clerk Mayor