HomeMy WebLinkAbout3530RESOLUTION NO. 3 5 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN THE INTERLOCAL AGREEMENTS WITH KING
COUNTY AND WITH OTHER KING COUNTY CITIES FOR JAIL
SERVICES.
WHEREAS, among the responsibilities and obligations with which the City of
Auburn is charges are those including criminal justice and law enforcement actives; and
WHEREAS, those activities entail the occasional arrest and detention of
individuals while in involved in criminal activity, pending adjudication of criminal cases or
while under investigation for criminal activity; and
WHEREAS, in order to accommodate the need to house those individuals who
are arrested for and in custody on Auburn related cases, the City has utilized its limited
jail facilities and has needed to contract with other agencies for additional jail space
when needed; and
WHEREAS, because of the limited space available in the Auburn jail, the City
has contracted in the past with King County for additional jail services and have
contracted, as well, with Yakima County for overflow jail services; and
WHEREAS, because the need for jail services is still an issue with which the City
must contend, in order to meet it statutory and municipal obligations, it is appropriate
that the City join with the other 35 cities in King County who have contracted with King
County for additional jail services; and
Resolution No. 3530
September 11, 2002
Page 1
WHEREAS, pursuant to the negotiations for this contract (Interlocal Contract)
new rates shave been negotiated which are included in the contract approval which is
hereby sought at the rate of $77.00 per day per inmate with a $149.00 initial booking
cost per inmate; and
WHEREAS, this contract is consistent with the amount being charged the
other 35 King County Cities by the King County Jail Services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section '1. That the Mayor and City Clerk are authorized to execute the
Interlocal Agreement between the City of Auburn and King County and the other 35
Cities of King County, for jail services, in substantial conformity with the Interlocal
Agreement a copy of which is hereto, marked as Exhibits "A" and incorporated herein
by this reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures 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 I~o"~'day of September, 2002.
CITY OF AUBURN
MAYOR
Resolution No. 3530
September 11, 2002
Page 2
ATTEST:
'Da--n~lle E. Daskam,
City Clerk
APPROVED AS TO FORM:
DanieI-B. HeiS, - L/ ~...~_
City Attorney
Resolution No. 3530
September 11, 2002
Page 3
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
21Zt030113000706
PACZPZCiNH~TZT AG 52.00
PAGE ce1 OF 034
01/13/2003 09:44
KZNG COUNTY, UA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement
Reference Number(s) of Documents assigned or released'
r-]Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
King County
Grantee/Assignee/Beneficiary: (Last name first)
Auburn, City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
[] Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
N/A
[] Assessor Tax # not yet assigned
Interlocal Agreement Between
King County and the City of Auburn
for Jail Services
THIS 1NTERLOCAL AGREEMENT ("Agreement") is dated effective the 1~t day of November, 2002.
The Parties to this Agreement are King County, a Washington municipal corporation and legal
subdivision of the State of Washington (the "County") and the City of Auburn, a Washington municipal
corporation (the "City").
This Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34) and the
City and County Jails Act (RCW Chapter 70.48).
In consideration of the promises, payments, covenants and agreements contained in this Agreement, the
parties agree as follows:
Definitions: Unless the context clearly shows another usage is intended, the following terms shall
have these meanings in this Agreement:
1.1.
"Booking" means registering, screening and examining inmates for confinement in the
Jail; inventorying and safekeeping inmates' personal property; maintaining all
computerized records of arrest; performing warrant checks; and all other activities
associated with processing an inmate.
1.2.
"Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except
holidays.
1.3.
"City Inmate" means a person booked into or housed in the Jail when a City charge is the
principal basis for booking or confining that person. A City charge is the principal basis
for booking or confining a person where one or more of the following applies, whether
pre-trial or post-trial:
1.3.1. The person is booked or confined by reason of committing or allegedly
committing a misdemeanor or gross misdemeanor offense within the City's
jurisdiction, whether filed under state law or city ordinance;
1.3.2. The person is booked or confined by reason of a Court warrant issued either by
the City's Municipal Court or other court when acting as the City's Municipal
Court;
1.3.3. The person is booked or confined by reason of a Court order issued either by the
City's Municipal Court or other court when acting as the City's Municipal Court;
or,
1.3.4. The person is booked or confined by reason of subsections 1.3.1 through 1.3.3
above, in combination with charges, investigation of charges, and/or warrants of
other governments, and the booking or confinement by reason of subsections
1.3.1 through 1.3.3 above is determined to be the most serious charge in
accordance with Exhibit I.
1.3.5. A City charge is not the principal basis for confining a person where the person is
booked or confined exclusively or in combination with other charges by reason
of a felony charge or felony investigation.
A City charge is not the principal basis for confining a person where the person is confined exclusively or
in combination with other charges by reason of a felony charge or felony investigation that has been
reduced to a State misdemeanor or gross misdemeanor.
** Interlocal Agreement: Jail Services
1.12 "Official Daily Population Count" is an official count of inmates in the custody of the
Jail made at a point in time in a 24-hour period for, among other purposes, security and
population management. It is not used for billing purposes.
1.13 "PARP" means the Population Alert and Reduction Plan attached as Exhibit IV.
1.14 "Psychiatric Inmate" means a City Inmate or County Inmate clinically determined by the
Seattle-King County Department of Public Health, or its successor charged with the same
duties, as needing the level of services provided in the Jail's psychiatric housing units or
other medical facility that the County may choose to send a Psychiatric Inmate. If an inmate
is moved to the general population then the inmate is no longer considered a Psychiatric
Inmate.
Jail and Health Services. The County shall accept City Inmates for confinement in the Jail,
except as provided in Sections 4.5 and 11 of this Agreement. The County shall also furnish the
City with Jail facilities, booking, transportation among County facilities, as determined necessary
in the County's sole discretion, including the various Jail facilities, Harborview Medical Center
and Western State Hospital, and custodial services, and personnel for the confinement of City
Inmates at least equal to those the County provides for confinement of County Inmates.
However, the County reserves the right to operate specific programs and/or facilities exclusively
for County Inmates. The County shall furnish to City Inmates all Jail medical, dental and other
health care services required to be provided pursuant to federal or state law. Also, the County
shall make every reasonable effort to release a City Inmate as expeditiously as possible after the
County has received notification of a court order to release.
City Compensation. The City will pay the County a booking fee and a maintenance charge as
follows:
3.1 Booking Fee. The booking fee shall be assessed for the booking of City Inmates by or on
behalf of the City into the Jail. The booking fee shall be as provided in Exhibit IH. The effective
date of each annual adjustment will be January 1st. The County will maintain its program of
contacting the City after booking a City Inmate in order to gix(e notice that the City Inmate has
been booked and to provide the opportunity for release to the City if the City so desires. Such
action will take place as soon as reasonably possible but no later than the next business day after
booking and will result in no maintenance charges if the City Inmate is released to the City
within six hours of booking. The parties agree that the issue of providing earlier notice to the
Contract Cities of booking of City Inmates shall be immediately referred to JAG for resolution.
The County will maintain its program to notify the City of the status of its inmates in cases where
confinement is the result of multiple warrants from two or more jurisdictions. This program will
allow the City to take custody of a City Inmate if it so desires after the other jurisdictional
warrants are resolved and thereby prevent unnecessary maintenance charges.
3.2 Maintenance Charge. The maintenance charge shall be assessed for a City Inmate for
each Inmate Day. The maintenance charge shall be as provided in Exhibit III. The effective date
of each annual adjustment will be January 1st. The City will be billed the daily maintenance
charge for Medical and Psychiatric Inmates, except as provided for in Section 11.7 of this
Agreement.
** Interlocal Agreement: Jail Services
3.3 Proportional Billing. The parties intend to develop a system of proportional billing
which will divide the costs of incarceration between two or more jurisdictions where multiple
jurisdictions have a hold on a City Inmate. The parties agree to negotiate, in good faith, in an
attempt to develop such a system.
Billing and Dispute Resolution Procedures.
4.1 The County shall transmit billings to the City monthly. Within forty-five (45) days after
receipt, the City shall pay the full amount billed or withhold a portion thereof and provide the
County written notice specifying the total amount withheld and the grounds for withholding such
amount, together with payment of the remainder of the amount billed (if any amount remains).
4.2 Withholding of any amount billed or alleging that any party is in violation of any
provision of this Agreement shall constitute a dispute, which shall be resolved as follows:
4.2.1 The County and the City shall attempt to resolve the dispute by negotiation. If
such negotiation is unsuccessful, either party may refer the dispute to JAG for resolution.
In the event JAG is unable to resolve the dispute within 30-days of referral, either party
may appeal. All appeals shall be referred to the Chief Executive Officer of the City, or
designee, and the County Executive, or designee, for settlement. If not resolved by them
within thirty (30) days of the referral, the Chief Executive Officer and the County
Executive by mutual written consent may seek arbitration or mediation of the matter.
Each party shall pay one-half of the arbitrator's or mediator's fees and expenses. If
mutual written consent to apply for the appointment of an arbitrator or mediator is not
reached, or the dispute is not resolved through arbitration or mediation, either party may
seek court action to decide the dispute. If either party prevails in a court action to
enforce any provision of this Agreement, it shall be awarded reasonable attorney's fees
to be based on hourly rates for attorneys of comparable experience in the community.
4.3 Any amount withheld from a billing, which is determined to be owed to the County
pursuant to the dispute resolution procedure described herein, shall be paid by the City within
thirty (30) days of the date of the negotiated resolution or appeal determination.
4.4 Any undisputed billing amount not paid by the City within sixty (60) days of receipt of
the billing, and any amounts found to be owing to the County as a result of the billing dispute
resolution procedure that are not paid within thirty (30) days of resolution, shall be conclusively
established as a lawful debt owed to the County by the City, shall be binding on the parties and
shall not be subject to legal question either directly or collaterally. This provision shall not limit
a City's ability to challenge or dispute any billings that have been paid by the City.
4.5 If the City fails to pay a billing within 45'-days of receipt, the County will notify the City
of its failure to pay and the City shall have ten (10) days to cure non-payment. In the event the
City fails to cure its nonpayment, the City shall be deemed to have voluntarily waived its right to
house City Inmates in the Jail and, at the County's request, will remove City Inmates already
housed in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may
accept no further City Inmates until all outstanding bills are paid.
** Interlocal Agreement: Jail Services
o
4.6 The County may charge an interest rate equal to the interest rate on the monthly County
investment earnings on any undisputed billing amount not paid by the City within forty-five (45)
days of receipt of the billing, and any amounts found to be owing to the County as a result of the
billing dispute resolution procedure.
4.7 Each party many examine the other's books and records to verify charges. If an
examination reveals an improper charge, the next billing statement will be adjusted
appropriately. Disputes on matters related to this Agreement which are revealed by an audit shall
be resolved pursuant to Section 4.2.
Term. This Agreement shall commence on November 1, 2002 and shall supersede all previous
contracts and agreements between the parties relating to the Jail and jail services. This
Agreement shall extend to December 3 l, 2012 and may be renewed annually by the agreement of
the parties.
Termination. Neither party may terminate this Agreement prior to January 1, 2004. Thereafter,
either party may initiate a process to terminate this Agreement as follows:
6.1 Ten-Day Notice of Intent to Terminate. Any party wishing to terminate this Agreement
shall issue a written notice of intent to terminate, not less than ten (10) days prior to issuing a
ninety (90) day termination notice under Section 6.2 of this Agreement. Upon receipt of the
written notice of intent to terminate, the parties will meet to confer on whether there are steps
that the non-terminating party can take in Order to avoid a ninety (90) day termination notice
under section 6.2 of this Agreement.
6.2 Ninety-Day Termination Notice'. After the ten (10) day period has run under Section 6.1
of this Agreement, the party desiring to terminate this Agreement may provide the other party
ninety (90) days written termination notice, as provided in RCW 70.48.090.
Limited Re-Opener. The County or the Cities may request (a) during the year 2006, and during
the year 2009, that the parties meet to negotiate a change to the charges being paid under Exhibit
III; or (b) at any time prior to December 31, 2006, that the parties meet to negotiate a change to
any operations covering Medical or Psychiatric Inmates. In the event such a request is made, the
parties agree to meet and negotiate in good faith on the issue. However, if no agreement is
reached, the terms of this Agreement will continue to apply.
Indemnification.
8.1 The County shall indemnify and hold harmless the City and its officers, agents, and
employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses,
and damages of any nature whatsoever, by reason of or arising out of any negligent action or
omission of the County, its officers, agents, and employees, or any of them. In the event that
any suit based upon such a claim, action, loss, or damage is brought against the City, the County
shall defend the same at its sole cost and expense; provided, that, the City retains the right to
participate in said suit if any principle of governmental or public law is involved; and if final
judgment be rendered against the City and its officers, agents, and employees, or any of them, or
** Interlocal Agreement: Jail Services
10.
jointly against the City and the County and their respective officers, agents, and employees, or
any of them, the County shall satisfy the same.
8.2 The City shall indemnify and hold harmless the County and its officers, agents, and ·
employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses,
and damages of any nature whatsoever, by reason of or arising out of any negligent act or
omission of the City, its officers, agents, and employees, or any of them. In the event that any
suit based upon such a claim, action, loss, or damage is brought against the County, the City shall
defend the same at its sole cost and expense; provided that the County retains the right to
participate in said suite if anY principle of governmental or public laws is involved; and if final
judgment be rendered against the County, and its officers, agents; and employees, or any of them,
or jointly against the County and the City and their respective officers, agents, and employees, or
any of them, the City shall satisfy the same.
8.3 In executing this agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility, which arises in whole or in part
from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit,
action or administrative proceeding is commenced in which the enforceability and/or validity of
any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole
expense and if judgment is entered or damages are awarded against the City, the County, or both,
the City shall satisfy the same, including all chargeable costs and attorney's fees.
8.4 The terms of Section 8 "Indemnification" shall survive the termination or expiration of
this Agreement.
Most Favored Treatment. The County represents and assures the City that no other city or town
has or will receive more favored treatment under a contract with the County covering the Jail or
jail services. If advantages are provided inmates of another city or town, like advantages shall be
extended to City Inmates; and if lower rates are provided in any contract with another city or
town, such reduced charges shall be extended to the City under this Agreement. This Section
shall not apply to a) temporary service contracts twelve months' or less in duration; provided that
such temporary service contracts shall not cause the City to pay more in maintenance charges and
booking fees than the City would have paid without such a temporary service contract; b)
reciprocal bed use agreements; c) any agreement among the County and any city or town related
to additional jail capacity at a new or expanded Jail; and d) any agreements for services among
the County and any city or town for additional services not provided for in this Agreement.
Jail Agreement Administration Group (JAG). JAG is hereby established to work together to
assure the effective implementation of this Agreement and resolve any Agreement or PARP
administration, implementation or interpretation issues including, without limitation, issues
related to inmate transportation, alternative and community correction programs, coordination
with the courts and law enforcement, mental health, drug and alcohol treatment, Agreement
interpretation, any capital expenditure charge or budget included in the maintenance fee, referrals
of disputes under Section 4 and issues related to the expedient transfer of City Inmates into or out
of alternative facilities within or outside of King County. JAG shall also negotiate any reopener
of the provisions described in Section 7 of this Agreement. JAG shall be initially established by
November 1, 2002.
** Interlocal Agreement: Jail Services
11.
The committee shall be composed of eight persons as follows:
County Executive Representative
City of Seattle Representative
City of Bellevue Representative
Director of the Department of Adult and Juvenile Detention
Suburban Cities Representatives
(1)
(1)
(1)
(1)
(4)
The City of Seattle representative will be appointed by the Mayor of Seattle. The City of
Bellevue representative will be appointed by the City Manager. The Suburban Cities Association
(SCA) shall select four (4) representatives through a process defined by the SCA. The Mayor of
Mayor/Council cities or the City Manager of Council/Manager cities shall appoint the
representative of each city selected by the SCA. Notice of the city representatives and any
changes thereto shall be provided to the County Executive. The Committee shall meet at least
quarterly. A Chair shall be selected from among the members.
Jail Capacity. The parties understand that the number of beds available in King County may not
meet the demands for those beds in the future. The following items attempt to address the needs
of the local criminal justice system for adequate secure bed space and the County's ability to
prevent excessive and unmanageable crowding conditions within capacity.
11.1
PARP. The parties agree to make a good-faith effort to cooperatively implement all
provisions of the PARP. Additionally, King County agrees to be bound to the Population
Alert Notification section of the PARP with the caveat that King County will not be held
to the Population Alert Notification section of the PARP in the event of force majeure or
computer or telecommunications failure. The parties have also prepared a Table set forth
in Exhibit V. This Exhibit represents a good faith effort by the parties to estimate Jail
bed demand and supply for the years 2002 through 2005. However, the King County
supply scenarios contained in Exhibit V are not binding on the County.
11.2
Capacity for City Inmates. When necessary, King County will double bunk the Regional
Justice Center up to 65% to accommodate City Inmates. The parties understand that the
County's commitment to double bunk up to 65% at the Regional Justice Center to
accommodate City Inmates means that the County will not set a budgetary constraint that
will prevent the County from performing under the terms of this Agreement.
11.3
The Contract Cities agree to the following population reduction schedule for the
aggregate number of City Inmates.
A)
By December 31, 2003, at the time of the Jail's Official Daily Population Count the
Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to
380.
** Interlocal Agreement: Jail Services
11.4
11.5
B)
By December 31, 2004, at the time of the Jail's Official Daily Population Count, the
Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to
250.
c)
By JulY 1, 2005, at the time of the Jail's Official Daily Population Count, the
Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to
220.
D)
By December 31, 2012, at the time of the Jail's Official Daily Population Count, the
Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 0,
with the exception that inmates whose status has changed to City Inmate will not be
included in the calculation of the aggregate number of City Inmates if the inmate is
removed from the Jail within 72-hours of such change in status.
For the purpose of determining the aggregate number of City Inmates only, and not for
billing purposes, inmates held on multiple warrants by the County which include one or
more city warrants in addition to a County and/or state warrant and City Inmates that
have been booked into the Jail and the Contract Cities have not been notified of such
booking shall not be considered a City Inmate. Also, City Inmates housed in the Jail
pursuant to a reciprocal bed-use agreement will not be considered City Inmates for the
purpose of determining the aggregate number of City Inmates.
The City agrees to be bound by the population reduction schedule listed in Section 11.3.
Accordingly, in the event the aggregate City Inmate population:
A) Exceeds 380 on any given day from December 31, 2003, through December 31,
2004; or
B) Exceeds 250 on any given day from December 31, 2004, through June 30, 2005; or
C) Exceeds 220 on any given day from July 1, 2005 to December 31, 2012; or
D) Exceeds 0 on any given day after January 1, 2013, except as provided in Section
11~3;
then the County will have the right to take the actions outlined in Section 11.5.
The County will notify the Contract Cities by phone or electronic mail, if the Contract
Cities have exceeded the population reduction schedule described in Sections 11.3 and
11.4. The County may then decide to continue to house City Inmates in excess of the
population reduction schedule listed in Sections 11.3 and 11.4. Alternatively, the County
may refuse to accept bookings from the City until such time as the aggregate number of
City Inmates is reduced below the population reduction schedule listed in Sections 11.3
and 11.4. If the aggregate number of City Inmates is reduced below the population
reduction schedule listed in Sections 11.3 and 11.4, through removal of City Inmates
from the Jail, then the County will be obligated to accept new City bookings. The
notification required by the first sentence of this Section, will be made to the person
** Interloeal Agreement: Jail Services
designated in Section 13.10 of this Agreement, and will inform the City whether the
County intends to continue to house City Inmates in excess of the population reduction
schedule listed in Sections 11.3 and 11.4, or whether the County will refuse to accept
bookings from the City until such time as the aggregate number of City Inmates is
reduced below the population reduction schedule listed in Sections 11.3 and 11.4.
11.6
11.7
The Jail's capacity limit for Medical Inmates is twenty-six (26). The Jail's capacity limit
for Psychiatric Inmates is one hundred fifty one (151). For the purpose of this Section the
Medical and Psychiatric Inmate population will be determined following the definitions
in Sections 1.11 and 1.14 at the time of the Jail's Official Daily Population Count.
When the Jail 'has reached its capacity limit for either Medical or Psychiatric Inmates as
set forth in Section 11.6, the County will notify the City by phone or electronic mail.
Such notification will be made to the person designated in Section 13.10 of this
Agreement. At the time this notification is made the County may request that the City
take custody Of a sufficient number of its Medical or Psychiatric Inmates to reduce the
number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 11.6,
or the County may inform the City that it is willing to continue to house these inmates at
the premium maintenance day charge as detailed in Exhibit IH. The premium
maintenance day charge in Exhibit In may only be charged when 1) the capacity limit is
exceeded, 2) additional staff are assigned and compensated to serve these excess Medical
or Psychiatric Inmates, 3) additional medical or psychiatric bed capacity is created, and
4) notice is provided as detailed above in this Section.
11.8
County requests under Section 11.7 will be made as follows. The billable City with the
most recent City Inmate admitted as Medical or Psychiatric Inmate will be asked to take
custody of that inmate. This process will be repeated until such time as the Medical and
Psychiatric populations are reduced below capacity limits, or the Jail is willing to
continue to house these inmates at the premium maintenance day charge as detailed in
Exhibit In.
11.9
If the County, pursuant to Sections 11.7 and 11.8, requests that the City take custody of
Medical or Psychiatric Inmates, the City shall comply with the County's request. The
City may take custody of its~ Medical or Psychiatric Inmates by picking them up within
24-hours of the County's request, or by notifying the County, within 24-hours of the
County's request, that the City would like the County to deliver the inmates to the City's
~ Within eight (8)-hours of the County's request, the City may provide the County with the names of other Medical
Inmates to substitute for the Medical Inmates identified for pick-up by the County. In the event the City identifies
substitute Medical Inmates that are City Inmates, the provisions of Section 11 will continue to apply. In the event
the City identifies substitute Medical Inmates that are the responsibility of a different City (Substitute City), the
Substitute City will be responsible for picking-up the substitute Medical Inmates within 24-hours of the initial
request for pick-up. In the event the Substitute City fails to pick-up its Medical Inmates within 24-hours of initial
notification to the City, the County will deliver the Medical Inmates named in the original notification to the City's
designated drop-off location or backup location. The substitution procedures outlined in this footnote will also apply
to Psychiatric Inmates.
** Interlocal Agreement: Jail Services
designated drop-off location or a backup location previously provided to the Count3~. If
the City has not picked-up the Medical or Psychiatric Inmate within 24-hours of the
County's request, or the City has requested that the County take the Medical or
Psychiatric Inmate to the designated drop-off location or backup location, the County
will deliver the Medical or Psychiatric Inmate to the City's designated drop-off location
or backup location. In either case, the City's designated drop-off location or backup
location must accept delivery from the County, and must be available to do so seven days
a week, twenty-four hours a day. In all cases, the County shall provide the receiving
entity with Continuity of Care Records, in a sealed envelope, at the time custody is
transferred. The City will ensure that the City and the receiving entity comply with all
applicable confidentiality laws and rules. Similarly, the City will ensure that Continuity
of Care Records are provided to the County at the time custody of a City Inmate
receiving the level of care consistent with a Medical or Psychiatric Inmate is transferred
to the County.
11.10
The County will transport Medical or Psychiatric Inmates to a designated drop-off
location or backup location within King County, Washington without charge. The City
will pay all transportation costs for Medical or Psychiatric Inmates taken to a designated
drop off location or backup location outside of King County, Washington. In no ease
will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state.
12.
Transfer of Property. The parties agree that prior to July 1, 2004 the County will convey,
pursuant to the terms of the Land Transfer Agreement attached as Exhibit VI, to the City of
Bellevue, Washington, to hold on behalf of all Contract Cities, as third party beneficiaries,
certain real property located at 1440 116th Avenue N.E. and 1412 116th Avenue N.E., Bellevue,
Washington (Property). The Contract Cities may at their sole discretion enter into an agreement
with other King County cities for the purpose of providing for the disposition of the Property.
The Property will be used to contribute to the cost of building secure capacity, or contracting for
secure capacity, and, at the sole discretion of the Contract Cities, building or contracting for
alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step
(occurring on December 31, 2012) of the population reduction schedule as detailed in Sections
11.3 and 11.4 of this Agreement. The parties understand that the Property may be sold or traded
and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in
the preceding sentence. The parties further agree that in the event the cities do not build secure
capacity, or contract for secure capacity, and, at the sole discretion of the Contract Cities build or
contract for alternative corrections facilities, sufficient to enable the Contract Cities to meet the
final step (occurring on December 31, 2012) of the population reduction schedule as detailed in
Sections 11.3 and 11.4 of this Agreement the City of Bellevue shall transfer title to the Property
back to the County if such Property has not been sold; or if such Property has been sold, pay the
County an amount equal to the net sale price of the Property, plus investment interest earned; or
if the Property has been traded, pay the County the appraised value of the Property at the time of
the trade, as determined by an MIA appraiser selected by mutual agreement of King County and
2 The City's designated drop offlocation and backup location must be either a facility in the direct control of the
City or a facility that is contractually obligated, consistent with the terms of this Agreement, to act as the City's
designated drop-off location or backup location. The City may change their designated drop off location or backup
location by notifying the County, in writing, of the change.
** Interlocal Agreement: Jail Services
the City of Bellevue, plus investment interest earned. This section shall survive any termination
of this Agreement prior to December 31, 2012.
13. General Provisions
13.1
Other Facilities. This Agreement reserves in each party the power to establish a
temporary holding facility during a riot or civil disobedience, to establish group homes
or other care or rehabilitation facilities in furtherance of a social service program, and to
comply with a final order of a federal court or a state court of record for the care and
treatment of inmates.
13.2
Grants. Both parties shall cooperate and assist each other toward procuring grants or
financial assistance from the United States, the State of Washington, and private
benefactors for the Jail, the care and rehabilitation of inmates, and the reduction of costs
of operating and maintaining Jail facilities.
13.3
Harborview Costs. Should the County be charged for hospitalization costs for City
Inmates, excluding costs reimbursable from another jurisdiction, both parties agree to
reopen negotiations on this specific point. If an. impasse is reached then the process
outlined in Section 4 of this Agreement will be followed.
13.4
Severabili _ty. If any provision of this Agreement shall be held invalid, the remainder of
this Agreement shall not be affected thereby.
13.5
Remedies. No waiver of any right under this Agreement shall be effective unless made
in writing by the authorized representative of the party to be bound thereby. Failure to
insist upon full performance of any one or several occasions does not constitute consent
to or waiver of any later non-performance nor does payment of a billing or continued
performance after notice of a deficiency in performance constitute an acquiescence
thereto. The parties are entitled to all remedies in law or equity.
13.6
Exhibits. This Agreement consists of several pages plus the following attached exhibits,
which are incorporated herein by reference as fully set forth:
Exhibit I
Exhibit li
Exhibit III
Exhibit IV
Exhibit V
Exhibit VI
Exhibit VII
Method of Determining Billable Charge and Agency
Exception to Billing Procedure
Maintenance Charge, Premium Maintenance Charge and Booking Fee
Population Alert and Reduction Plan
Comparison of Estimated King County Jail Bed Demand and Supply
2002 to 2005 Table
Land Transfer Agreement
List of Cities
13.7
Entire Agreement. This Agreement represents the entire understanding of the parties and
supersedes any oral representations that are inconsistent with or modify its terms and
conditions.
** Interlocal Agreement: Jail Services
13.8
13.9
13.10
Modifications. All provisions of this Agreement may be modified and amended with the
mutual written consent of the parties hereto.
Force Majeure. In the event either party's performance of any of the provisions of this
Agreement become impossible due to Force Majeure, that party will be excused from
performing such obligations until such time as the Force Majeure event has ended and all
facilities and operations have been repaired and/or restored.
Notices. Except as otherwise provided in this Agreement, any notice required to be
provided under the terms of this Agreement, shall be delivered by certified mail, return
receipt requested or by personal service to the following person:
For the City:
Dave O'Dea, Jail Manager
City of Auburn
25 W Main Street
Auburn WA 98001
For the County:
Steve Thompson, Director
King County Department of Adult and Juvenile Detention
500 5th Avenue, MS KCF-AD-0600
Seattle, WA 98104
13.11
13.12
13.13
Agreement Offered. The County will offer this Agreement to the cities listed in Exhibit
VII. Such offer is open to those cities until October 31, 2002, or such later date as may
be approved by King County and all of the Contract Cities. Additionally, King County
and all of the Contract Cities, by mutual agreement, may offer this Agreement to cities
not listed on Exhibit VII.
Council Approval. The parties' obligations under this Agreement are subject to official
City or County Council approval.
Information. The parties further agree to share data and information for the purpose of
assisting the Contract Cities in the planning and construction of secure capacity,
contracting for secure capacity or alternative correction facilities.
King County
Date
Approved as to Form
Deputy Prosecuting Attorney
City of Auburn:
Date
Approved as to Form
Date /
EXHIBITS
Exhibit I
Exhibit II
Exhibit III
Exhibit IV
Exhibit V
Exhibit VI
Exhibit VII
Method of Determining Billable Charge and Agency
Exception to Billing Procedure
Maintenance Charge, Premium Maintenance Charge and Booking Fee
Population Alert and Reduction Plan
Comparison of Estimated King County Jail Bed Demand and Supply
2002 to 2005 Table
Land Transfer Agreement
List of Cities
EXHIBIT I
Method of Determining Billable Charge and Agency
Daily the billing program examines the open charges for each active booking and applies a uniform set of
rules to select the billable charge. Then 'the billable agency is determined from the billable charge.
Under these rules, the most serious charge, as determined by type of charge (felony, investigation,
misdemeanor), pretrial or sentenced status and bail amount, is considered the principal basis for
incarceration, pursuant to Section 1 of this Agreement.
The procedure for selecting the billable charge is as follows. The program will proceed in sequence
through the series of procedures only as far as needed to isolate one charge as billable.
1. Select the only felony or investigation of felony charge. If there are more than one, go to Rule 2.
If there are no felony or investigation of felony charges, proceed to Rule 3.
2. Select the charge with charge status other than Federal or Immigration. If there are no other
charge statuses, determine if the charge is Federal or Immigration and bill accordingly.
3. Select the only misdemeanor charge. If there are more than one, continue to Rule 4.
4. Select the sentenced charge. Find the agency with the longest sentence. If there are no
sentenced charges, go to Rule 6.
5. If there is no longest sentence, or if all are sentences of equal length, select the charge with the
earliest sentence date.
6. Select the charge for the arresting agency. If there is no arresting agency or charges, select the
earliest charge entered and set the billable agency of that charge.
7. If there are no sentenced charges, and if the arresting agency has no charge, then find the agency
having the highest total accumulated bail amount and select the first charge entered for that
agency.
8. If bail is equal among jurisdictions and no charges are sentenced, or if all charges are sentences
of equal length, select the charge having the earliest charge number.
EXHIBIT II
Exception to Billing Procedure between King County
and Cities Signing the Agreement for Jail Services
For persons serving the one and two day commitments pursuant to the mandatory DUI sentence grid who
report directly from the community to the Jail for incarceration, inmate day shall not be defined
according to Section 1.8 of the Agreement. Instead, inmate day shall be defined as a twenty-four hour
period beginning at the time of booking. Any portion of a twenty-four hour period shall be counted as a
full inmate day. The number of days billed for each sentence shall not exceed the sentence lengths
specified on the court commitment.
Two examples are provided for illustration:
Two-day sentence served on consecutive days:
John Doe Booked 7/1/90 0700 Released 7/3/90 0700
Number of inmate days = 2
Two-day sentence served on non-consecutive days:
John Doe Booked 7/1/90 0700 Temporary Release 7/2/90 0700
Return to Jail 7/8/90 0700 Released 7/9/90 0700
Number of Inmate days = 2
The Department of Adult and Juvenile Detention will apply this definition of inmate day to the City's
direct DUI one and two-day inmates by adjusting the City's monthly bill before it is sent to the City. If
the changes are not made for some reason, the City will notify the Department of Adult and Juvenile
Detention, which will make the necessary adjustments.
EXHIBIT IH
Maintenance Charge, Premium Maintenance Charge & Booking Fee
1. MAINTENANCE CHARGE.
The maintenance charge for 2002 is $77.37.
will be increased by 5.8 percent.
For each calendar year thereafter the maintenance charge
In addition to the 5.8 percent increase, King County will increase the maintenance charge to capture the
cost of capital expenditures. Capital expenditures are defined as the cost of repairing and renovating
current jail capacity and support and administrative facilities that benefit Jail operations. Capital
expenditures include the Integrated Security Project (ISP) and the Courthouse Seismic Stabilization
Project (CSSP). Additional capital expenditures will be included in the maintenance charge if such
expenditures benefit City Inmates. Any capital expenditure that solely benefits County Inmates will not
be charged to the City.
Capital expenditures will be calculated in proportion to the square footage that benefits adult detention.
Cities will be billed their proportionate share based on the total number of inmate days. DAJD will
estimate the total number of inmate days for a given year. By April 30th of the following year DAJD will
reconcile this capital expenditure number and adjust the City's next billing accordingly.
The County shall provide its 6-year CIP and its 6-year major maintenance plan to the City on an annual
basis. The County will provide a detailed line item budget of each capital expenditure. If the City
disputes that the capital expenditure benefits City Inmates or otherwise disputes the inclusion of the
capital expenditure or any portion of the capital expenditures' budget in the maintenance fee, the matter
will be referred to JAG as described in Section 4 of this Agreement. Capital expenditures will not be
charged to the City to the extent such capital expenditures are covered by federal grants, state grants,
insurance proceeds, capital maintenance reserves or voter approved capital funding for jail related
improvements. King County will provide the City with a sample calculation of the maintenance charge
for the years 2002-2005, which will include a rough estimate of capital expenditures.
Capital expenditure charges shall begin, if debt financed, when debt service payments begin for the
permanent financing of the capital expenditure and shall continue until the end of the debt amortization
unless the debt amortization is less than fifteen (15) years, in which case the charges to the cities will be
amortized over fifteen (15) years. If the capital expenditure is not debt financed, capital expenditure
charges shall be based on actual expenditures. The County will make available documentation
evidencing such expenditures.
2. PREMIUM MAINTENANCE CHARGE.
The premium maintenance charge for 2002 for Medical and Psychiatric Inmates is $205.35 and may only
be charged consistent with the conditions in Section 11.7 of the Agreement. For each calendar year
thereafter, the premium maintenance charge will be increased by 5.8 percent.
3. BOOK1NG FEE.
The booking charge for 2002 is $148.78.
increased by 5.8 percent.
For each calendar year thereafter the booking charge will be
EXHIBIT IV
Population Alert and Reduction Plan
This Population Alert and Reduction Plan (PARP) attempts to balance the needs of the local criminal
justice system for adequate secure bed space and the County's ability to prevent excessive and
unmanageable crowding conditions. Periodic reports (at least quarterly) will be provided by the County
and the Cities to the Jail Agreement Administration Group established in the Agreement on PARP
implementation efforts.
I. Reduction Plan: Initial Steps
It is the goal of King County and the Contract Cities to avoid reaching population levels that trigger
population alerts. To this end the parties will examine current practices and to the extent available use
population reduction strategies and alternatives to secure detention programs to reduce reliance on secure
jail beds.
In addition, during 2002 and 2003 the following actions will be undertaken to prepare for the possibility
of a mismatch between capacity and demand for secure jail beds.
1. Development and implementation of the notification system outlined below by November 15,
2002.
2. The Contract Cities will sign a contract to be effective no later than third quarter 2003 with
Yakima County or another jurisdiction to achieve the population reduction schedule listed in
Sections 11.3 and 11.4 of the Agreement.
3. King County Executive will make best efforts to obtain funding and implement community
corrections pilot programs (Day Reporting and Work Crews) which are expected to reduce the
utilization of secure capacity by 60 beds.
4. The County agrees to seek participation by the King County Prosecutor, Superior Court and
District Court to develop a plan for reducing the use of secure beds. The goal would be to reduce
the use of non-city secure beds based on seriousness of offense and risk to public safety, and/or
risk of flight to avoid prosecution. The County agrees to make a good-faith effort to implement
court approved plans for which funding has been approved.
5. The Contract Cities agree to seek participation by City prosecutors and courts to develop a plan
incorporating the elements described below for reducing the use of secure beds. The goal would
be to reduce the use of secure beds based on seriousness of offense and risk to public safety,
and/or risk of flight to avoid prosecution. The City agrees to make a good-faith effort to
implement court approved plans for which funding has been approved.
6. The JAG will discuss and provide advice on an implementation plan for all reduction plans.
II. Definitions
"Operational capacity" is the number of secure jail beds that can be operated by DAJD within annual
adopted budget appropriation and within legal limitations including, but not limited to, limitations
outlined in the Hammer settlement agreement and the Agreement with the Contract Cities. Vacancy rates
at 5% for the Regional Justice Center and 2½% for the King County Correctional Facility will also be
factored into operational capacity. In the event the County changes such vacancy rates, the County
agrees to notify JAG.
IH. County Population Alert Notifications
The County will provide the Contract Cities with a Population Alert Notification covering three
categories: total population, Medical Inmates, and Psychiatric Inmates (PAN-TMP), and a Population
Alert Notification for City Inmates (PAN-CI)
A. Timing
The PAN-TMP will be updated daily.
The PAN-CI will be updated monthly with a lag time of two weeks until such time as the County is able
to provide more frequent notice to the Contract Cities.
B. Format
The County will develop a format for the PAN-TMP and PAN-CI that has an easily understood visual
element. A visual "meter" type notice graphic will be developed that will be sent to Contract Cities by
automated e-mail and/or appear on the County's web site.
Contents
1) The PAN-TMP will provide a snap shot of short-term secure bed population status by the
following status groups:
Total secure population
Medical Inmates
Psychiatric Inmates
The PAN-TMP will have three levels.
Alert Level I/Yellow - Greater than or equal to 95 percent operational capacity by category at the daily
official count.
Alert Level II/Orange - The jail population is between 95 percent and 100 percent of operational
capacity and has maintained that level for three consecutive days.
Alert Level III/Red- The jail population exceeds total operational capacity.
The PAN-TMP will contain a "notes" section where the County can inform the cities of events that may
affect jail population.
2) The PAN-CI will be a count of the number of City Inmates.
V. Other General Notification Requirements
Notice or information will be provided to the other party through the County or cities representative on
the JAG as soon as it is available as follows:
ISP -- County
o Transmittal of project budget to the King County Council
o Council approval of funding
o Project schedule
o Bid notice
o Notice to proceed
o Construction schedule and inmate transfer schedule
Status of contracting for secure jail beds in other jurisdictions - Cities
o Signature of contracts
o Financing approval
o Bid notice
o Notice to proceed
o Construction schedule
o Prisoner transfer schedule
Alternatives to Secure Detention Programs - County
o The County will provide to the JAG a description of all alternative programs to secure
detention (including program capacity) either directly operated by the County or
operated by another entity under contract.
o Notice of plans to initiate or expand alternatives and notice that plans have been
implemented, including program capacity.
o Copies of program placement criteria and operating protocols, including any agreements
with courts.
Alternatives to secure detention programs - Cities
o The City will provide to the JAG a description of all alternative programs to secure
detention (including program capacity) either directly operated by the City or operated
by another entity under contract.
o Notice of plans to initiate or expand alternatives and notice that plans have been
implemented, including program capacity.
o Copies of program placement criteria and operating protocols, including any agreements
with courts.
EXHIBIT V
COMPARISON OF ESTIMATED KING COUNTY JAIL BED DEMAND AND
SUPPLY 2002 TO 2005
Pre Sentence Secure Beds
Post Sentence
Total
ected
Maximum
Maximum
Projected
Maximum
Maximum
NRF Beds
296 Work Release
Total
300 Beds 2973
NRF Beds 0
Addn'l 60
Alternatives
Work Release 190
Total
320 Secure Beds 2430
NRF Beds 0
Addn'l 60
Alternatives
Work Release 190
Total
340 Secure Beds 2430
NRF Beds 0
Addn'l 60
Alternatives
Work Release 190
Total
350 Secure Beds 2973
NRF Beds
Addn'l 60
Alternatives
Work Release 190
Total
, Assumes a 3% growth rate per year for felony bed demand
, Assumes no impact from DWLS diversion programs by District Court
, Assumes cities will reduce jail bed use Dec 31 of' unless noted.
4) Assumes cities are able to occupy 530 beds in Yakima County and/or Benton County Jail by Decemeber 2003
5) The County is pursuing policies to reduce the use of secure beds beginning in 2002 that are not reflected in these
numbers. Also, capacity restrictions could begin as soon as 2003 depending on County policy decisions.
6) The number of secure beds listed include double bunking the RJC up to 65% (492 beds). Utilization
7)Of Assumesthese bedSlSprequireSbegins that3rd fundingQtr. 2003.be sought and approvedl byl the County Council.
18) Assumes additional alternative beds available 4,n Qtr of 2002.
9) Fifteen da~/s per quarter there is a peak at 5% over average.
EXHIBIT VI
Land Transfer Agreement
Intergovernmental Land Transfer Agreement Between
King County and the City of Bellevue
Intergovernmental Land Transfer Agreement Between
King County and the City of Bellevue
This Intergovernmental Land Transfer Agreement ("Agreement") is made and entered
into by and between King County ("County"), and the City of Bellevue ("City").
WHEREAS the County has entered into a Jail Services Agreement ("JSA") with many of
the cities located in King County ("Cities") to which this Agreement is an attachment; and
WHEREAS the JSA provides for the transfer of real property located at 1440 116th
Avenue N.E. and 1412 116th Avenue N.E. in Bellevue, Washington, (said property is described
more fully in Exhibit A and referred to herein as the "Property") to the City of Bellevue in
consideration for the negotiated rate in the JSA and promises made by the Cities in the JSA
related to population reduction; and
WHEREAS it is in the best interest of the public that the County transfer said property to
the City for the purposes detailed in the JSA;
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the City and the County agree as follows:
1. Obligations of Parties
1.1 Agreement Contingent
This Agreement is subject to the execution of an Interlocal Agreement ("Cities Interlocal")
between the City and all other interested cities located within King County to provide for the
maintenance and disposition of the Property. If the City and the other interested cities are
unable to reach agreement on the terms of the Cities Intedocal prior to the date of conveyance
as provided in paragraph 1.2, upon written notice from the City of Bellevue to King County,
this Agreement shall, at the City's sole discretion, become null and void and the parties will
have no further obligation hereunder.
1.2 Conveyance of Title
On July 1,2004, or earlier as hereinafter provided, the County will execute and deliver to the
City: 1) a Statutory Warranty' Deed conveying and warranting good and marketable title to
parcels A, B-1 and B-2 free and clear of all defects or encumbrances except for the lien of
real estate taxes and drainage service charges not yet due and payable and those exceptions,
defects and/or encumbrances identified on Exhibit B; and 2) a Quit Claim Deed conveying
parcel C. Parcels A, B-l, B-2 and C are described more fully in Exhibit A and collectively
referred to herein as the "Property."
1.3 The City will provide written notice to the County upon satisfaction of all contingencies
under Sections 1.1 and 6.2 of this Agreement and the County shall have sixty (60) days
thereafter to deliver a conveyance to the City.
2. Existing Restrictions, Agreements, Contracts or Permits
2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and
covenants of title at the time of conveyance and/or in the deed of conveyance.
2.2 The Property will be used as required in Section 12 of the JSA to enable the Cities to
meet the final step (occurring on December 31, 2012) of the population reduction schedule as
detailed in Sections 11.3 and 11.4 of the JSA. The parties understand that the Property may
be sold or traded and the proceeds and/or land acquired from such sale or trade used for the
purposes detailed in the preceding sentence. The parties further agree that in the event the
cities do not comply with Section 12 of the JSA and meet the final step of the population
reduction schedule as detailed in Sections 11.3 and 11.4 of the JSA, the City of Bellevue
shall transfer title to the Property back to the County if such Property has not been sold; or if
such Property has been sold, pay the County an amount equal to the net sale price of the
Property, plus investment interest earned; or if the Property has been traded, pay the County
the appraised value of the Property at the time of the trade, as determined by an MAI
appraiser selected by mutual agreement of King County and the City of Bellevue, plus
investment interest earned.
2.3 Should any disagreement arise between the parties as to the interpretation or application
of the terms and provisions of this Agreement, the parties shall first engage in informal
dispute resolution between designated City and County staff persons. If those staff persons
are unable to resolve the dispute, the matter shall be referred to the City Manager and the
County Executive or their respective designees. If the City Manager and the County
Executive or designees are unable to resolve the dispute, the matter shall be referred to non-
binding mediation. Should the mediation process fail to resolve the dispute, either party may
file an action in King County Superior Court. Each party shall bear its own costs and
attorney fees incurred in the dispute resolution process.
3. Condition of Property and Responsibility for Operations, Maintenance, Repairs,
Improvements, and Recreation Services
3.1 The County warrants that it has and will deliver marketable title to Parcels A, B-1 and B-
2. The City has inspected and knows the condition of the Property and accepts the Property
AS IS, WHERE IS and WITH ALL FAULTS. More specifically, King County does not
make and specifically disclaims any warranties; express or implied, including any warranty of
merchantability or fitness for a particular purpose, with respect to the Property, and no
official, employee, representative or agent of the County is authorized otherwise. Without
limitation, the foregoing specifically excludes warranties with respect to the condition of the
Property for development and/or use by City, the presence of any Hazardous Materials,
underground storage tanks or contaminated soil, or the actual or threatened release, deposit,
seepage, migration or escape of Hazardous Materials at, fi.om or into the Property, and the
compliance or noncompliance of the Property with applicable federal, state, county and local
laws and regulations, including, without limitation, environmental laws. "Hazardous
Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or
substances as defined in state or federal statutes or regulations as currently adopted or
hereafter amended. Except as provided in Sections 4 and 5, the City acknowledges and
agrees that the County shall have no liability for, and that the City shall release and have no
recourse against the County for, any defect or deficiency of any kind whatsoever in the
Property without regard to whether such defect or deficiency was known or discoverable by
the City or the County.
3.2 Except as provided in Section 5, the County shall not have any obligation to make any
changes or improvements, or to incur any expenses whatsoever for the operation,
maintenance, monitoring, repair or remediation of the Property.
4.Indemnification and Hold Harmless
4.1 The County shall protect, indemnify and hold harmless the City and its elected officials,
officers, agents or employees, or any of them, from and against any and all claims, actions,
suits, liabilities, losses, costs, expenses or damages of any nature whatsoever arising from
those occurrences related to the Property that occurred prior to the date of conveyance of the
Property to the City. In the event that any suit based upon such claims, actions, suits,
liabilities, losses, costs, expenses or damages is brought against the City or the City and the
County, the County shall defend the same at its sole cost and expense and, if final judgment
be rendered against the City and/or its elected officials, officers, agents and employees or
jointly against the City and the County and/or their respective elected officials, officers,
agents and employees, the County shall satisfy the same.
4.2 Except as provided in Section 5, the City shall indemnify and hold harmless the County
and its elected officials, officers, agents and employees, or any of them, from and against any
and all claims, actions, suits, liabilities, losses, costs, expenses or damages of any nature
whatsoever arising from those occurrences related to the Property that occurred on or after
the date of conveyance of the Property to the City. In the event that any suit based upon such
claims, actions, suits, liabilities, losses, costs, expenses or damages is brought against the
County or the County and the City, the City shall defend the same at its sole cost and expense
and, if final judgment be rendered against the County and/or its officers, agents and
employees or jointly against the County and the City and/or their respective officers, agents
and employees, the City shall satisfy the same.
4.3 Each Party to this Agreement shall notify the other of any and all claims, actions, suits,
liabilities, losses, costs, expenses or damages that arise or are brought against that party
relating to or pertaining to the Property, within thirty (30) days of receipt of such information.
4.4 Each party agrees that its obligations under this paragraph extend to any claim, demand,
and/or cause of action brought by or on behalf of any employees, or agents. For this purpose,
each party, by mutual negotiation, hereby waives, with respect to the other party only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other
party.
4.5 These indemnification provisions shall survive the conveyance of the Property and any
termination of this Agreement or the JSA.
5. Environmental Liability
5.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic
wastes, materials, or substances as defined in state or federal statutes or regulations as
currently adopted or hereafter amended.
5.2 Nothing in this Agreement shall be deemed to waive any statutory claim for contribution
that the City might have against the County under federal or state environmental statutes that
arises from hazardous materials deposited or released on the Property by the County, its
agents or permittees during the County's period of ownership. The City may not, however,
assert such a claim to the extent that the City exacerbates the cost of remediation upon which
a statutory claim for contribution is based as a result of the City performing construction
activities on the Property, changing the configuration of the Property, or changing the use of
the Property The preceding sentence shall not apply to tests, inspections, studies, surveys or
appraisals conducted by the City pursuant to Section 6.1.
5.3 If the City discovers the presence of hazardous materials at levels that could give rise to a
statutory claim for contribution against the County it shall notify the County in writing as
soon as reasonably practicable, but in any event not more than sixty (60) days after discovery.
The parties shall make their best efforts to reach agreement as to which party is responsible
for remediation under the terms of this Agreement prior to undertaking any remediation.
5.4 In no event shall the County be responsible for any costs of remediation that exceed the
minimum necessary to satisfy the state or federal agency with jurisdiction over the
remediation.
6. City Right of Inspection
6.1 Prior to the date of conveyance, the City shall have the right at City expense to perform
any and all tests, inspections, studies, surveys or appraisals of the Property reasonably
deemed necessary by the City. Upon seven (7) days written notice to the County, the City
may enter the Property and conduct such tests, inspections, studies, surveys and appraisals.
County representatives may attend and witness such tests, inspections, studies, surveys and
appraisals. After conducting its tests, inspections, studies, surveys or appraisals of the
Property, the City shall restore the Property, as nearly as is practicable, to its condition on the
date of City's entry thereon, except to the extent that the City may be required by state or
federal agencies to leave any exposed or altered area open for inspection and/or remediation.
In addition, the City shall defend, indenmify and hold harmless the County and its elected
officials, officers, agents and employees, or any of them, from all claims, demands, suits,
actions, and liabilities of any kind, including injuries to persons or damages to property,
which arise out of, are connected with, or are due to any negligent errors, omissions or acts of
the City and/or its contractors, employees, agents, and representatives in the performance of
the tests, inspections, studies, surveys or appraisals of the Property. The City specifically
assumes potential liability for actions brought by the City's own employees against the
County arising from such tests, inspections, studies, surveys or appraisals, and for that
purpose the City specifically waives, as respects the County only, any immunity under the
Worker's Compensation Act, RCW Title 51; and the City recognizes that this waiver was the
subject of mutual negotiation.
6.2 If after conducting its tests, inspections, studies, surveys and appraisals the City
determines, in its sole discretion, that condition(s) exist on the Property that will substantially
impact the salability of the Property (other than naturally occurring conditions), the City may
request that the County remediate such condition(s). In the event that the County fails, within
90 days of receiving the request from the City, to agree to such remediation, or thereafter
fails, within a reasonable period of time (but in any event prior to the date of conveyance of
the Property), to accomplish such remediation, this Agreement shall, at the City's sole
discretion, upon written notice to the County, become null and void and the parties shall have
no further obligations under this Agreement or the JSA with respect to this Property.
6.3 Within thirty (30) days of the execution of this Agreement, the County shall provide the
City with copies of all of its records related to the County's acquisition and maintenance of
and to the condition of the Property.
7. Legal Relationship
7.1 The parties to this Agreement execute and implement this Agreement solely as County
and City. No partnership, joint venture or joint undertaking shall be construed from this
Agreement.
8. Waiver and Amendments
8.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed .a
waiver of any prior or subsequent breach. No term or condition shall be waived, modified or
deleted except by an instrument, in writing, signed by the parties hereto.
9. Entire Agreement and Modifications
9.1 The JSA and this Intergovernmental Agreement and its Exhibits set forth the entire
agreement between the parties with respect to the subject matter hereof. Any amendment or
modification of the terms of this Agreement must be made in writing and signed by both
parties hereto.
10. Duration and Authority
10.1 This agreement shall be effective upon signature by the authorized signatories of and
authorization by the legislative bodies of both parties. The terms, conditions, covenants, and
representations contained herein and in the JSA shall not merge into the deed of conveyance,
but shall survive the conveyance and shall continue in force.
10.2 Termination of this Agreement by the City pursuant to Section 1.1 or 6.2 shall have no
effect upon the terms and enforceability of the JSA except for Section 12 of the JSA.
11. Assignment.
11.1 The City shall not assign this agreement or any rights hereunder except to the cities or
another city representing the cities for whose benefit this conveyance of the Property is to be
made, and then only if the assignee(s) assume(s) all obligations of the City under this
Agreement.
12. Negotiation and Construction.
12.1 This Agreement and each of its terms and provisions are deemed to have been explicitly
negotiated between the parties, and the language in all parts of this Agreement will, in all
cases, be construed according to its fair meaning and not strictly for or against either party.
All parties acknowledge and represent, as an express term of this Agreement, that they have
had the opportunity to obtain and utilize legal review of the terms and conditions outlined in
this Agreement, although each party must determine if they wish to obtain and pay for such
legal review. Each party shall be and is separately responsible for payment of any legal
services rendered on their behalf regarding legal review of the terms found in this Agreement.
13. Notice
13.1 Any notice provided for herein shall be sent to the respective parties at:
King County
[INSERT INFO]
City
[INSERT INFO]
IN WITNESS WHEREOF, the parties have executed this Agreement.
King County City of Bellevue
King County Executive
City Manager
Date
Date
Approved as to Form:
Approved as to Form:
King County
Senior Deputy Prosecuting Attomey
City Attorney
Date
Date
STATE OF WASHINGTON / ss.
l
COUNTY OF KING
On this day personally appeared before me ., to me known to be
the of KING COUNTY, the municipal corporation and political
subdivision of the State of Washington that executed the foregoing instrument, and
acknowledged such instrument to be the free and voluntary act and deed of such municipal
corporation and political subdivision, for the uses and purposes therein mentioned, and on oath
stated that he was duly authorized to execute such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of
,2002.
Printed Name
NOTARY PUBLIC in and for the State of Washington,
residing at
My Commission Expires
STATE OF WASHINGTON / ss.
COUNTY OF KING
On this day personally appeared before me ., the
of ,
known to me to be the City that executed the foregoing instrument, and acknowledged such
instrument to be [his/her] free and voluntary act and deed for the uses and purposes therein
mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this
., 2002.
day of
Printed Name
NOTARY PUBLIC in and for the State of Washington,
residing at
My Commission Expires
EXHIBIT A
Legal Descriptions
Parcel A: Lots 3 and 4 of Bellevue Short Plat No. 78-43 as
recorded under Recording No. 7807030722, records of King
County, Washington; EXCEPT the South 10 feet thereof.
Parcel B-l: That portion of the South 267.6 feet of the North
634.7 feet of the NW 1/4 of the SW 1/4 of Section 28,
Township 25 North, Range 5 East, W.M., in King County,
Washington, lying Westerly of the Northem Pacific Railway
Right-of-Way; EXCEPT the North 242 feet of the West 450
feet thereof; AND EXCEPT the West 30 feet thereof for
116th Avenue NE; AND EXCEPT the South 26.6 feet of the
West 250 feet thereof.
Parcel B-2: An easement for access for the benefit of Parcel B-1
as granted and set forth in document recorded under Recording
No. 7908020842, records of King County, Washington.
Parcel C: The South 10 feet of the North 367.10 feet,
measured along the Westerly line thereof, of that portion of
the Northwest quarter of the Southwest quarter of Section 28,
Township 25 North, Range 5 East, W.M., lying Westerly of
the right of way of Burlington Northern, Inc., successor to
Northern Pacific railway Company, Except the West 450 feet
thereof.
All situated in King County, Washington.
EXHIBIT B
(To be attached)
Algona
Auburn
Beaux Arts
Bellevue
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Federal Way
Hunts Point
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Medina
Mercer Island
Milton
Newcastle
Normandy Park
North Bend
Pacific
Redmond
Renton
Sammamish
Sea Tac
Seattle
Shoreline
Skykomish
Snoqualmie
Tukwila
Woodinville
Yarrow Point
EXHIBIT VII
List of Cities