HomeMy WebLinkAboutItem VIII-B-5
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 3786
Department: I Attachments:
Auburn Police Resolution No. 3786
Administrative Recommendation:
Date:
November 30, 2004
Budget Impact:
City Council adopt Resolution No. 3786
Background Summary:
Resolution of the City Council of the City of Auburn, Washington, approving the second amendment to
the Interlocal Agreement between King County cities and Yakima County, Washington, for housing of
inmates by Yakima County Department of Corrections and Safety.
P1206-4
01.7
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire 0 Planning
o Legal 0 Police
o Public Works D Human Resources
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Cerino I Staff: Kelly
Meeting Date: December 6,2004 I Item Number: V1I1.8.S
RESOLUTION NO. 3 7 8 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE SECOND AMENDMENT TO THE
INTERLOCAL AGREEMENT BETWEEN KING COUNTY CITIES AND
YAKIMA COUNTY, WASHINGTON, FOR HOUSING OF INMATES BY
YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND
SECURITY
WHEREAS, in connection with the City of Auburn's responsibilities for
addressing its Criminal Justice functions including housing of persons incarcerated on
City of Auburn cases, the City needs to provide for jail facilities; and
WHEREAS, even though the City of Auburn has a jail facility which it uses to
address many of its correctional and jail needs, the size of its facility is not adequate to
cover all of its needs in terms of the number of prisoners and the accommodations
called for; and
WHEREAS, the City of Auburn has, as have other cities in King County,
experienced an increasingly more limited availability of jail space at the King County
Jail; and
WHEREAS, the limitation of space at the King County Jail has promplted the City
of Auburn, as well as other cities in the region, to contract with Yakima County for jail
space, and that in turn has prompted Yakima County to develop a greater jail capacity
so that it can meet the needs of those communities with which it is contractin¡ ; and
WHEREAS, in connection with the ongoing need for providing such sE¡rvices and
the City's interest in contracting with Yakima County for such services, Ilhe City of
Auburn has cooperatively negotiated an agreement with other Cities in the region,
----------------...----
Resolution No. 3786
November 19, 2004
Page 1 of 3
whereby those jail responsibilities can be addressed so that the City of Auburn and its
partner cities can meet their jail needs as well; and
WHEREAS, the City Council previously authorized by Resolution No. 3470,
approved May 20, 2002, the Mayor to execute the predecessor agreements for jail
administration and services, among the same parties, which agreements were later held
in suspension because of unresolved issues; and
WHEREAS, the parties previously approved a first amendment to the Jail
Agreement, approved by the City Council of the City of Auburn by Resolution No. 3736,
passed on September 20, 2004; and
WHEREAS, it is also appropriate to again amend the Jail Agreememt (Second
Amendment to the Interlocal Agreement with Yakima County for Jail Services) to clarify
the responsibilities of the parties with respect to billing and payment, the annual
reconciliation, the daily fee for unused beds, and the medical premium.
WHEREAS, if approved, this Second Amendment would reduce the f'se for up to
100 beds of the 440 bed commitment, which fee reduction will result in an annual
savings of approximately $1.3 million total for all consortium cities in 2005, and the
savings could increase to more than $1.8 million of annual savings by year 2010, and in
addition, this amendment creates a process for quarterly and annual reconci'liation, and
establishes appropriate medical and therapeutic charges.
WHEREAS, it is appropriate for the City Council to authorize the, Mayor to
execute the Second Amendment to the Jail and Administration Services J\greements
referenced herein.
----------------------
Resolution No. 3786
November 19, 2004
Page 2 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Second Amendment to the Interlocal Agreement among
King County cities and Yakima County for housing of inmates in the Yakimsl County jail,
a copy of which is incorporated herein by this reference, be, and the same! hereby are
approved in concept, and that the Mayor and the City Clerk are authorized to execute
these Agreements or Agreements in substantial conformity to the attached.
Section 2. The Mayor is hereby authorized to implement such administrative
proceçfures as may be necessary to carry out the directives of this legislation.
Section 3. This resolution shall be effective upon passage and signature
herein.
DATED and SIGNED this _ day of
,2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
---------------------
Resolution No. 3786
November 19, 2004
Page 3 of 3
SECOND AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY,
WASHNGTON AND THE CITIES OF ALGONA, AUBURN, TOWN
OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND,
BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON,
DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE,
KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA,
MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH
BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC,
SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA,
WOODINVILLE, AND TOWN OF YARROW POINT, WASHINGTON
FOR THE HOUSING OF INMATES BY YAKIMA COUNTY
DEPARTMENT OF CORRECTIONS AND SECURITY
THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE
HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF
CORRECTIONS AND SECURITY ("Second Amendment") is entered into and is
effective the 31st day of December 2004 by and between the Cities of AIgona, Auburn,
Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation,
Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirkland,
Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Nonnandy Park,
North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline,
Skykomish, Snoqualmie, TukwiIa, Woodinville and Town of Yarrow Point, Washington
("Cities"), and Yakima County, Washington ("Yakima County").
Whereas, Yakima County and the Cities above named have entered into an InterIocaI
Agreement for housing of City inmates by Yakima County on August 27, 2002
(Agreement); and
Whereas Yakima County and the Cities entered into an addendum to the InterIocal
Agreement for Housing of Inmates by Yakima County effective October 31, 2002
(Addendum) and
Whereas, the parties desire to amend the Agreement and Addendum to further clarify the
responsibilities of the respective parties;
NOW THEREFORE, the Parties agree as follows:
1. Section 3 of the Addendum is amended in its entirety as follows:
DURATION: The tenn of this Agreement shall commence upon the Effective Date and
shall end at 11 :59 p.m. on December 3 I, 2010, subject to earlier tennination as provided
by Section 4 of the Agreement. Yakima County agrees to extend the Agreement, as
-1-
amended, for an additional two years if mutually agreeable to Yakima County and the
Cities and the Cities notify Yakima County at least 18 months prior to December 3 I,
2010. Thereafter, this Agreement may be renewed for any successive period by written
addendum under terms and conditions acceptable to all of the parties.
2. Section 7c of the Agreement is amended in its entirety as follows:
(c) Billing and Payment. Yakima County shall provide each of the Cities with individual
monthly statements itemizing the names of each City Inmate who is receiving care from
Yakima County, the case or citation number, and the number of days of care, including
the date and time booked into the Yakima County jail facilities and the date and time
released from the Yakima County jail facilities. Yakima County shall pro-rate the Bed
Maintenance Fee and the Medical Premium (hereinafter "Daily Fee") of any City Inmate
that has multiple charges among the Cities by dividing the Daily Fee pro-rata among
those Cities with such multiple charges. Each City's individual monthly statement shall
also include a statement showing the number of bed days used by all other Cities.. Yakima
County agrees to provide said statement for each month on or about the lOth day of the
following month. Payment shall be due to Yakima County within thirty (30) days from
the date the statement is received. Payments not received by the 30th day shall bear
interest at the rate of I % per month until payment is received.
3. A new Section 7d of the Agreement is added as follows:
a. Reconciliation: Effective October 1,2003, Yakima will bilI each city quat1erly for
unused beds (the difference between the City's minimum daily bed commi1ment as
provided in Attachment A to this Second Addendum and the City's actual Average Daily
Population (ADP) for the quarter). The rate for the unused beds will be the Bed
Maintenance Fee as provided in Section 6 (a) of this Second Amendment below, except a
portion of the unused beds shall be charged at the Reduced Rate Fee. The number of
each city's unused beds that will be charged at the Reduced Rate Fee are as provided in
Attachment B (Unused Bed Allocation Chart created by the Cities).
b. Yakima County will annually reconcile each City's unused beds (the difference
between the City's Minimum Bed Commitment and the City's actual ADP per quarter)
on a calendar year basis. Through the annual reconciliation process, Yakima COImty will
provide credits in the fourth quarter bill to each city to the extent that the actuaI annual
ADP paid exceeds the City's Minimum Bed Commitment up to the fee paid by said city
per quarter for unused beds. Ifa City's annual ADP exceeds the annual minimum daily
bed commitment (hereinafter "net overage") Yakima County will allocate the total net
overage as a credit on a pro rata basis to those Cities whose annual ADP did not meet
their annual minimum daily bed commitment. If a City did not fully use their share of the
Reduced Rate Fee beds as specified in Attachment B, those beds will be allocated on a
pro rata basis to Cities that did not meet their Minimum Bed Commitment. The Cities
will provide Yakima County with the appropriate allocation to each city of credits and
division of the annual reconciliation bilI for unused beds based on separate agreement
among the Cities. Attachment C shows a method for this annual recondliation.
-2 -
Reconciliation payments, both quarterly and annual will be due 30 days from the date the
billing is received. There will be no interest payments charged on any 2003 or 2004
Reconciliation bills issued prior to the effective date of this addendum.
c. 2003 Reconciliation:
The 2003 reconciliation will be based on Section 7 (d) of the Agreement and Section 6
(a) of the Addendum. Under this agreement, Cities will pay $568,39Ito Yakima for the
fourth quarter 2003 reconciliation pursuant to Cities Allocation Agreement. (Attachment
C shows the method for the payment by individual cities of the unused beds for the 2003
Reconciliation). There will be no interest payments charged on the 2003 Reconciliation,
provided 2003 reconciliation is paid within 30 days of receipt of billing.
Section 6 of the Addendum is hereby amended in its entirety to provide as follows:
a. Daily Fee. In consideration of Yakima County's commitment to provide care for City
Inmates, the Cities agree to pay Yakima County fees for the housing and care of each
City Inmate, as provided in this Amendment as follows:
Year Bed Medical Reduced Rate Fee
Maintenance Premium
Fee
2002 $51.00 $5.00
2003 $53.55 $5,25 $27.75
2004 $56.23 $5.51 $27.75
2005 $59.04 $5.79 $28.45
2006 $61.99 $6.08 $29.19
2007 $65.09 $6.38 $29.96
2008 $68.34 $6.70 $30.77
2009 $71.76 $7.04 $31.62
2010 $75.35 $7.39 $32.51
1. Yakima County shall not charge a booking fee or any other fees in
connection with the care of City Inmates except as spe:cifically
provided in the Interlocal Agreement between Yakima COlmty and
Cities, as amended.
2. Effective October 1, 2003, the Cities shall pay the Bed Maintenance
Fee set forth in Paragraph 2 above on 340 beds, even if they arc: unused
and for all inmates exceeding the 340 bed Cities Inmate population.
3. Effective October 1,2003, the Cities shall pay the Reduced Rate Fee in
Paragraph 2 above for each unused bed exceeding 340 up to a
maximum of the 440 bed commitment. Provided however, that
payment for unused beds exceeding 340 shall not be required for any
period oftime when the total Yakima County jail population (including
all contract inmates) exceeds 1,500. At such time, Yakima County shall
not charge Cities for unused beds. Yakima County intends to use the
Reduced Rate Fees solely for debt service payments and opc,rational
-3-
costs related to Yakima County Department of Corrections and
Security. At the end of each year, Yakima County will provide an
annual report which shows the cost of debt service payments and
operational costs for Yakima County Department of Corrections and
Security exceeds the total Reduced Rate Fees collected.
4. Medical Premium:
A. Yakima County shall pay for all medical, dental and psychiatric
(including therapeutic) costs as authorized in this Addendum of the
City's Inmates in exchange for the above listed Medical PremiÌum.
B. Effective October I, 2003, Cities will pay the Medical Premium per
City Inmate only on used beds. The Medical Premium shall not be
paid on unused beds.
C. Yakima County shall be permitted to use the Medical Premiums for
psychiatric services including in-custody therapeutic services which I)
are court ordered, or 2) a) meet a Diagnostic Statistical Manual IV
Diagnosis, and b) are deemed medically necessary by a Mental Health
Professional and c) for which the inmate agrees to treatment. Medical
Premiums shall not be used for psychiatric services which do not meet
the conditions above except where such services are approvt,d by the
City in writing prior to the service being rendered.
D. Yakima County shall provide monthly reports with its billing
statement describing its medical, psychiatric, and dental account
balance(s) and payments made from each such account, including
provider name, inmate name, name of City being charged for such
inmate, dollar amount paid, and description of medical, psychiatric or
dental service provided. Yakima County will provide detailed
information regarding the description and total cost of thl:rapeutic
services and the approximate proportionate share of use of the services
consumed by Cities inmates. In-custody therapeutic costs £or Cities
will be calculated by applying the percentage of the Cities' inmates
proportionate share of use of the services provided by Yakima
County's behavioral health service provider, which is currently Central
Washington Comprehensive Mental Health, to the actual cost of the
total contract for Yakima County's behavioral health service provider.
E. Each quarter Yakima County shall send to the Cities an accOlmting of
the Medical Premium Fund.
F. In the event Yakima County's actual authorized medical, psychiatric,
and dental costs for a quarter exceed the funds available in the Medical
Premium fund at the close of the quarter, the Cities agree to
compensate Yakima County for all said costs exceeding tlle funds
available at the end of the quarter within 30 days following r¡:ceipt of
said medical billing.
G. Upon the effective date of this Second Amendment, Yakima County
shall have and shall maintain a P.hannacy Agreement or in-house
phannacy.
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H. An ongoing review process will be established between Yakima
County and the Cities to address concerns about accounta.bility for
costs and services.
BOARD OF YAKIMA COUNTY
COMMISSIONERS
ATTEST:
By:
Ronald F. Gamache, Chairman
Carla Ward, Clerk of the Board of
Yakima County Commissioners
By:
James M. Lewis, Commissioner
Approved as to Form:
By:
Jesse S. Palacios, Commissioner
Ronald S. Zirkle
Yakima County Prosecuting Attorney
CITY OF ALGONA, W A
Approved as to Form:
By:
Glenn Wilson, Mayor
Estimated ADP:
George Kelley, Algona City A1íorney
CITY OF AUBURN, W A
By:
Pete Lewis, Mayor
Estimated ADP:
TOWN OF BEAUX ARTS VILLAGE, W A
Approved as to Form:
By:
Charles R. Lowry, Mayor
Estimated ADP:
Wayne Stewart, Town Attorney
CITY OF BELLEVUE, W A
Approved as to Form:
By:
Steve Sarkozy, City Manager
Estimated ADP:
Lori Riordan, Acting City Attomey
CITY OF BLACK DIAMOND, W A
Approved as to Form:
By:
Howard Botts, Mayor
Estimated ADP:
Loren D. Combs, City Attorney
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CITY OF BOTHELL, W A Approved as to Fonn:
By:
Jim Thompson, City Manager Michael E. Weight, BotheIl City Attorney
Estimated ADP:
CITY OF BURlEN, W A Approved as to Fonn:
By:
Gary P. Long, City Manager Lisa Marshall, Burien City Attorney
Estimated ADP:
CITY OF CARNATION, WA Approved as to Fonn:
By:
Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Attorney
Estimated ADP:
CITY OF CLYDE HILL, W A Approved as to Fonn:
By:
George S. Martin, Mayor Clyde Hill City Attomey
Estimated ADP:
CITY OF COVINGTON, W A Approved as to Fonn:
By:
Andy Dempsey, City Manager Duncan C. Wilson, Covington City Attorney
Estimated ADP:
CITY OF DES MOINES, W A Approved as to Fonn:
By
City Manager Des Moines City Attorney
Estimated ADP:
CITY OF DUVALL, W A Approved as to Fonn:
By:
Becky Nixon, Mayor John L. O'Brien, Duvall City Attorney
Estimated ADP:
CITY OF FEDERAL WAY, W A Approved as to Fonn:
By:
David H. Moseley, City Manager Federal Way City Attorney
- 6·
Estimated ADP:
CITY OF ISSAQUAH, WA Approved as to Form:
By:
Ava Frisinger, Mayor Wayne D. Tanaka, Issaquah City Attorney
Estimated ADP:
CITY OF KENMORE, W A Approved as to Form:
By:
Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney
Estimated ADP:
CITY OF KIRKLAND, W A Approved as to Form:
By:
David Ramsay, City Manager Gail Gorud, Kirkland City Attorney
Estimated ADP:
CITY OF LAKE FOREST PARK, W A Approved as to Form:
By:
David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park
Estimated ADP: City Attomey
CITY OF MAPLE V ALLEY, W A Approved as to Form:
By:
John F. Starbard, City Manager Maple Valley City Attorney
Estimated ADP:
CITY OF MEDINA Approved as to Form:
By:
Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney
Estimated ADP:
CITY OF MERCER ISLAND, W A
Approved as to Form:
By:
Richard M. Conrad, City Manager
Estimated ADP: Londi K. Lindell, Mercer Island City Attorney
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CITY OF NEWCASTLE, W A Approved as to Form:
Andrew 1. Takata, City Manager Newcastle City Attorney
Estimated ADP:
CITY OF NORMANDY PARK, W A Approved as to Form:
By:
Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park
Estimated ADP: City Attorney
CITY OF NORTH BEND, WA Approved as to Form:
By:
Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney
Estimated ADP:
CITY OF PACIFIC, W A Approved as to Form:
By:
Howard Erickson, Mayor Bruce Disend, Pacific City Attorney
Estimated ADP:
CITY OF REDMOND, W A Approved as to Form:
Rosemarie Ives, Mayor Redmond City Attorney
Estimated ADP:
CITY OF RENTON, W A Approved as to Form:
By:
Kathy KeoIker-Wheeler, Mayor Lawrence J. Warren, Renton City Attorney
Estimated ADP:
CITY OF SAMMAMISH, W A Approved as to Form:
By
Ben Yazici, City Manager Bruce Disend, Sammamish City Attorney
Estimated ADP:
CITY OF SEAT AC, W A Approved as to Form:
By:
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, City Manager Robert L. McAdams, SeaTac City Attorney
Estimated ADP:
CITY OF SEA TILE, W A Approved as to Form:
By:
Gregory J. Nickels, Mayor Thomas A. Carr, Seattle City Attorney
Estimated ADP:
CITY OF SHORELINE, W A Approved as to Form:
By:
Steven Burkett, City Manager Ian Sievers, Shoreline City Attorney
Estimated ADP:
CITY OF SKYKOMISH, W A Approved as to Form:
By:
Skip Mackner, Mayor Skykomish City Attomey
Estimated ADP:
CITY OF SNOQUALMIE, W A Approved as to Form:
By:
Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attomey
Estimated ADP:
CITY OF TUKWILA, W A Approved as to Form:
By:
Steve Mullet, Mayor Robert F. Noe, City Attomey
Estimated ADP:
CITY OF WOODINVILLE, W A Approved as to Form:
By:
Pete Rose, City Manager Wayne D. Tanaka, WoodinviIlf' City Attorney
Estimated ADP:
TOWN OF YARROW POINT Approved as to Form:
By:
Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney
Estimated ADP:
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STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn,
, to me known to be the City Manager/Mayor of the
City/Town of , a Washington municipal corporation, the
corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to eXI:cute said
instrument.
2002.
Given under my hand and official seal this _ day of
(notary signature)
(typed/printed name of notary)
Washington
Notary Public in and for the State of
My commission expires:
InterIocaI to be filed with the Yakirna County Auditor
-10·
Attachment A
Minimum Daily Bed Commitment by City
it
Igona
uburn
Bellevue
Bothell
Burien
ovington
Des Moines
Duvall
Federal Way
Issaquah
Kenmore
Kirkland
Lake Forest Park
edina
ereer Island
Normandy Park
North Bend
Redmond
Renton
Sammamish
eaTae
eattle
horeli ne
noqualmie
ukwila
oodinville
otal
Yakima
Commitment
3.0
88.5
27.0
2.0
4.0
2.4
17.0
1.0
29.0
2.0
3.0
12.5
2.5
0.7
4.0
0.4
2.0
20.0
27.0
1.5
4.1
155.0
18.0
1.0
11.0
1.5
440.1
-11-
Attachment B
Initial Allocation of 100 Reduced Rate Beds
Initial
Yakima % 100 Bed
Agencies Commitment Share Distribution
Algona 3.0 0.7% 0.7
Auburn 88.5 20.1% 20.1
Bellevue 27.0 6.1% 6.1
Bothell 2.0 0.5% 0.5
Burien 4.0 0.9% 0.9
Covington 2.4 0.5% 0.5
Des Moines 17.0 3.9% 3.9
Duvall 1.0 0.2% 0.2
Federal Way 29.0 6.6% 6.6
Issaquah 2.0 0.5% 0.5
Kenmore 3.0 0.7% 0.7
Kirkland 12.5 2.8% 2.8
Lake Forest Park 2.5 0.6% 0.6
Medina 0.7 0.2% 0.2
Mercer Island 4.0 0.9% 0.9
Newcastle 0.0 0.0% 0.0
Normandy Park 0.4 0.1% 0.1
North Bend 2.0 0.5% 0.5
Redmond 20.0 4.5% 4.5
Renton 27.0 6.1% 6.1
Sammamish 1.5 0.3% 0.3
SeaTac 4.1 0.9% 0.9
Seattle 155.0 35.2% 35.2
Shoreline 18.0 4.1% 4.1
Snoqualmie 1.0 0.2% 0.2
Tukwila 11.0 2.5% 2.5
Woodinville 1.5 0.3% 0.3
Total 440.1 100.0% 100.0
Note: as part of the annual reconciliation, reduced rate beds initially allocated to dties
that only need part or none of their share will be reallocated to the remaining cities.
-12-
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Attachment C: Explanation of Annual Reconciliation Per Amendment # 2, Section 3 b.
CitvA
· Minimum bed commitment: 27 beds
· Estimated share of reduced rate beds: 6.1
· 2004 Actual Use: 25 first quarter; 27 second quarter; 30 third quarter; 38 fourth quarter; 30
for the whole year.
By the end of 2004, City A has averaged 30 beds for the whole year; however, its use has fluctuated
from quarter to quarter. Each month, City A pays for its actual bed use. At the end of the first
quarter, City A pays for two additional beds at the reduced rate (the difference between its actual bed
use and its minimum commitment). The second and third quarters, City A pays for its actual bed use
(which equaled or exceeded its bed commitment). As part of the fourth quarter recom:iliation, City A
is given a credit for its first quarter payment for the two additional beds so that the total City A pays
for 2004 equals 30 beds (its actual use). Since City A has fully met its bed commitment, it has no
need for its share of the reduced rate beds (it was entitled to 6.1 reduced rate beds). A,ccordingIy, the
6.1 reduced rate beds are reallocated to the cities which did not meet their bed commitment.
CitvB:
. Minimum bed commitment: 2 beds
· Estimated share of reduced rate beds: .5
· 2004 Actual Use: 2 (however, it fluctuates between 1 and 3 from month to month)
By the end of 2004, City B has averaged two beds for the whole year (its minimum bed
commitment). However, in January, it used one bed, in February, it used two beds, and in March it
used three beds - averaging out to two beds for the quarter. City B pays for one bed in January, two
beds in February, and three beds in March. Since City B has fully met its bed commitment, it has no
need for its share of the reduced rate beds (it was entitled to .5 of a reduced rate bed). Accordingly,
this .5 reduced rate bed is reallocated to the cities which did not meet their bed commitment.
CitvC:
· Minimum bed commitment: 155 beds
· Estimated share of reduced rate beds: 35
· 2004 Actual Use: 80 (for the purposes of simplicity, assume every month equals 80 beds).
City C's actual use falls short ofits minimum bed commitment. Under this proposal, each month,
City C pays for the 80 beds it actually used. At end of each quarter, City C pays the difference
between its actual use and its minimum bed commitment (in this case, 35 beds at the reduced rate and
40 beds at the full rate).
At the end of the year, a final reconciliation is performed which not only takes into account City C's
bed use, but also incorporates any overages from other cities which exceeded their bed commitment.
Based on this final calculation, City C receives 5 more of the reduced rate beds (not all of the cities
used their reduced rate beds). By the end of the year, City C will have paid for 40 beds at the reduced
rate (35 from the original allocation plus 5 more beds from cities which didn't need the reduced rate
beds) and 115 beds at the full rate for a total of 155 beds.
L:\LEGALIRESIRES3786 Exhibit A Second Amendment to Yakima Cnntract.doc
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