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HomeMy WebLinkAbout3470 RESOLUTION NO. 3 4 7 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE INTERLOCAL AGREEMENTS (3) BETWEEN THE CITIES OF AUBURN, BEAUX ARTS VILLAGE, BELLEVUE, BOTHELL, BURIEN, COVINGTON, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MERCER ISLAND, NORMANDY PARK, NORTH BEND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE AND TUKWILA, WASHINGTON, AND YAKIMA COUNTY, WASHINGTON, RELATING TO HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS. 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 prompted 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 contracting; and Resolution No. 3470 May 15, 2002 Page 1 of3 WHEREAS, in connection with the ongoing need for providing such services and the City's interest in contracting with Yakima County for such services, the City of Auburn has cooperatively negotiated an agreement with other Cities in the region, 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, three separate contracts have been negotiated among the participants to this effort that is able to address the short-term jail needs, in anticipation of longer term contracting to be concluded in the future, and which agreement is acceptable to the participating jurisdictions, which contracts include (1) a contract among the cities, dealing with their inter-relationships in effecting the jail contract with Yakima County; (2) a contract with each individual participating city (including Auburn) and the City of Renton, for housing prisoners on a short term basis to accommodate inmate transit to the Yakima Jail; and (3) a contract among all of the participating cities and Yakima County for jail services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Interlocal Agreements, copies of which are attached hereto, marked as Exhibits "A" "B" and "C" ((A) a contract among the cities, dealing with their inter-relationships in effecting the jail contract with Yakima County; (B) a contract with each individual participating city (including Auburn) and the City of Renton, for housing prisoners on a short term basis to accommodate inmate transit to the Yakima Jail; and (C) a contract among all of the participating cities and Yakima County for jail Resolution No. 3470 May 15,2002 Page 2 of3 services) and 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 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 2C4'aay of May, 2002. CITY OF AUBURN ?K~--~; PETER B. LEWIS MAYOR ATTEST: ~"'>) '-.( C "lc. ,_. Cathy Ri~dson, Deputy City Clerk Resolution No. 3470 May 15, 2002 Page 3 of3 ~, INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, BEAUX ARTS VILLAGE, BELLEVUE, BOTHELL, BURIEN, COVINGTON, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MERCER ISLAND, NORMANDY PARK, NORTH BEND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, AND TUKWILA, WASHINGTON (CITIES) TO ESTABLISH THE TERMS THAT WILL GOVERN THE RIGHTS, DUTIES, AND RESPONSffiILTIES OF THE CITIES IN THEIR DEALINGS WITH EACH OTHER RELATING TO THE INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY AND THE CITIES FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS, WASHINGTON This Interlocal Agreement ("Agreement") is made and entered into on the date last signed below, by and between AUBURN, BEAUX ARTS VILLAGE, BELLEVUE, BOTHELL, BURIEN, COVINGTON, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MERCER ISLAND, NORMANDY PARK, NORTH BEND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, AND TUKWILA, WASHINGTON ("Cities.") A. The Cities enter into this Agreement pursuant to and as authorized by the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW, as amended). B. The Cities have entered into an Interlocal Agreement ("Long Term Jail Contract") with Yakima County ("Yakima County") for the pwpose of temporarily housing inmates from The Cities in Yakima county's Department of Corrections jail facilities. Said Long Term Jail Contract has been signed contemporaneously herewith. C. The Long Term Jail Contract commits Yakima County to provide the Cities, collectively, with a Minimum Bed Commitment and the Cities desire to establish an agreement as between themselves regarding the use by the Cities of the Minimum Bed Commitment, including how the Cities will allocate those jail beds as between themselves. D. The Long Term Jail Contract sets out the charges that will be made by Yakima County to the Cities, and the Cities desire to establish an agreement as between themselves regarding the duties and responsibilities of each City with respect to such charges, including providing for the right of the Cities collectively to cure any failure to discharge such duties and responsibilities by an individual City. E. The Long Term Jail Contract contains provisions regarding termination of the application of the Long Term Jail Contract as it relates to any City and the Cities desire to establish an agreement as between themselves regarding those circumstances under which the consent of the Cities to such termination may be granted. Interlocal Agreement Between "The Cities" Contracting With Yakima Page 1 of9 F. Yakima County is making best efforts to obtain the necessary permits and financing for a new jail facility necessary to meet the Minimum Bed Commitment, and the Cities understand that the corrections facilities used by Yakima to meet the Minimum Bed Commitment may be an existing jail facility or the new jail facility as anticipated by the Long Term Jail Contract. NOW, THEREFORE, in consideration of the above recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties agree as follows: 1. TERM: This Agreement shall be effective when executed by all Cities AND the Long Term Jail Contract is in effect, as defined therein. In the event that Yakima County isuna~~~0~~~.~.~r~~son, to obtain necessary permits or financing for its new Jail Facility l>y!~ept(llmberl,2002, this Agreement shall become null and void and unenforceable by any party hereto. The term of this Agreement shall end at 11:59:59 p.m. December 31,2009, OR upon the termination of the Long Term Jail Contract, whichever occurs first. The term of Ithis Agreement may be extended renewed for any successive period, by written addendum, under terms and conditions acceptable to all of the parties. a suffioient number of Cities to representa:~% of the thon applieable Minimum Bed Commitment No City that is a party to this Agreement at its inception will be required to be a party to any extonsion renewal ofthis Agreement. 2. DEFINITIONS: Average Daily Population: That number of City Inmates confined in Yakima County jail facilities for a year, divided by 365 Care means eustody, em-e and treatment illoludiRg neoessary basie and emergenoy and/or major medieal, psychiatric, dental, and hospital servioes afld supplies, f-ood, lodging and personal items, physical and subsistenee needs, maintenanoe of proper sl:1pervision, disoipline and eontrol over inmates. Cities means Auburn, Town of Beaux Arts Village, Bellevue, Bothell, Burien, Covington, Duvall, Federal Way, Issaquah, Kenmore, Kirkland, Lake Forest Park, Mercer Island, Normandy Park, North Bend, Renton, Sammamish, SeaTac, Seattle, Shoreline, and Tukwila, Washington. City means a Washington City or town that is a party to this Agreement. City Inmates means offenders confined by any City for the violation of state or municipal law and delivered by any City's Police Department to the custody of Yakima County, or theH its designee for purposes of transport. Interlocal Agreement Between "The Cities" Contracting With Yakima Page 2 of9 Custody means the time any City Inmate is either (i) booked into any Yakima County jail facilities or (ii) has been released by a City to the care of Yakima County, including without limitation, the point at which Yakima County or its agents have taken physical possession of such City Inmate for transportation to any Yakima County jail facilities, whichever occurs first. Estimated Average Daily Population ("EADP") means that number of City Inmates that each City estimates it will confine in Yakima County jail facilities in a year, divided by365. Jail Day means the time period between 12:00:01 a.m. until 12:00 midnight. Jail Facility includes existing or newly constructed jail facilities of Yakima County. Minimum Bed Commitment means the bed commitment made by the Cities collectively to maintain an average daily population ("ADP") in Yakima County jail facilities equal to 150 City Inmates from the effective date of this Agreement until , 2003 and equal to 440 City Inmates from , 2003 until the termination ofthis Agreement. Offender means any person who has been ordered committed by a court, including pre- trial detainees. Overused Bed Commitment means the difference between a City's EADP and the actual number of City Inmates sent to Yakima County by that City, where the actual number is more than that City's EADP. Unused Bed Commitment means the difference between a City's EADP and the actual number of City Inmates sent to Yakima County by that City, where the actual number is less than that City's EADP. 3. TERMINATION: Any City may terminate its participation in this Agreement as provided for herein. Such termination shall not be effective for twelve (12) months following written notice of Intent to Terminate to each other contracting City. In the event any City's participation in the Long Term Jail Contract is terminated for cause, as defined therein, such City shall remain responsible to Yakima County for that City's EADP through December 31,2009, or the end of the then existing term ifthe Long Term Jail Contract has been extended before the termination for cause. It will be considered a default of this Agreement if a City terminated for cause under the Long Term Jail Contract fails to make any required payment to Yakima County for such City's unused EADP throughout the relevant time period under the Long Term Jail Contract, as specified above. Interlocal Agreement Between "The Cities" Contracting With Yakima Page 3 of9 Although no joint acquisition use. or disposal of personal or real property is conteml'lated by this Agreement. should any such property be acquired for purposes of fulfilling this Agreement. upon termination the same shall be solely owned by the Party purchasing the same. 4. DEFICITS IN USAGE: Each City has generated an EADP. Attached hereto as Exhibit A, and incorporated by this reference, is the EADP of each City. In the event the Cities collectively fail to meet their Minimum Bed Commitment for any year during the term of the Long Term Jail Contract, the _EADPs set forth in Exhibit A shall be used by the Cities as a baseline for the calculation of the proportionate share owed by any individual City to Yakima,,- Only those Cities that have Unused Bed Commitment for the year will be responsible for paying Yakima for such Unused Bed Commitment,,- For purposes of this section, "proportionate share" shall meanJhe product resulting from multiplying the (Amount owed to Yakima for Unused Bed Commitment) by the fraotion quotient obtained by dividing ef the tEADP of a City with Unused Bed Commitment divided by the Sum of EADPs of all Cities with Unused Bed Commitment.j-As expressed in the formula below: (Amount owed to Yakima for X Unused Bed Commitment) (EADP of a City wlUnused Bed Commitment) (Sum ofEADPs of All Cities wlUnused Bed Commitment) 5. ADDITIONAL USAGE: The Cities acknowledge that the Long Term Jail Contract does not require each City to maintain ajail usage equal to that City's EADP. Overused Bed Commitment by one City may inure to the benefit of the parties hereto. However, Overused Bed Commitment in excess of 5% may create a hardship for other contracting Cities. Therefore, prior to usage of Jail Beds in excess of 5% of its EADP, a City must obtain consent from any other ofthe Cities to use Jail Beds included ill a portion ofthe other City's EADP. 6. GENERAL PROVISIONS: (a) In the event a City Inmate is the subject of warrants or orders of commitment from multiple jurisdictions, the Cities agree that the City responsible for the transfer to Yakima County, pursuant to the Long Term Jail Contract, shall be responsible for paying the "Daily Fee for City Inmate" as required in the Long Term Jail Contract only so long as that City's warrant is in effect. In the event such a City Inmate remains in custody on warrants or orders of commitment from other jurisdictions. the jurisdiction with the greater monetary warrant shall be responsible for the Daily Fee for City Inmate. [Londi, what is Yakima willing to do regarding making this determination?] Interlocal Agreement Between "The Cities" Contracting With Yakima Page 4 of9 (b) This Agreement contains all of the agreements of the Cities with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by all of the Cities. (c) Any provision that is declared invalid or illegal shall in no way affect or invalidate any other provision. (d) In the event any City defaults on the performance of any terms of this Agreement or any City places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the prevailing City or Cities shall be entitled to an award of all its/their attorney fees, costs, and expenses. ( e) Failure of any City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not constitute a waiver of such breach or default. (f) Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be brought and tried in the Superior Court or the State of Washington in King County. Presenting disputes to the JAG, as defined below, and to a mediator shall be conditions precedent to the commencement of any judicial process to enforce the terms of this Agreement. (g) This Agreement may be executed in any number of counterparts. (h) The laws of the State of Washington shall govern this Agreement. 7. ADMINISTRATION OF AGREEMENT: Each City shall appoint a representative to participate in a Jail Administration Group ("JAG"). The JAG will appoint a chairperson to preside over all meetings and a vice- chairperson to preside in the absence of the chairperson. The JAG will conduct its meetings according to the most recent edition of Roberts Rules of Order. Said group The JAG will meet quarterly to address all questions or disputes regarding the terms of this Agreement which may arise. In the event any City/Cities present a dispute to the JAG, and the JAG is unable to resolve the dispute in a fashion acceptable to the Cities involved, the Cities agree that they will submit the dispute to mediation. Presenting disputes to the JAG and to a mediator shall be eOflditions preoedent to the OOnHnOflCemel'l:t of any judicial proeess to enforoe the terms of this :\greement. 8. MAILING ADDRESSES: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 5 of9 All notices and correspondence to the respective parties to this Agreement shall be sent to the chief law enforcement officer for each City, unless indicated otherwise in Exhibit B, attached hereto. 9. CURRENT CONTRACTS: Some Cities hereto have pre-existing agreements for temporary detention of City Inmates at the Renton City Jail while awaiting transfer to the Yakima County Jail. Those agreements shall remain in full force and effect according to the terms therein. 10. INSURANCE: (a) Each City agrees to provide the other Cities with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement; (b) Each City shall obtain and maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 11. HOLD HARMLESS/INDEMNIFICATION: Each City shall defend, indemnify and hold harmless all other Cities , their officers, agents and employees, from and against any and all claims, including third party claims, costs, judgments or damages, including attorney's fees, arising out of the negligent acts or omissions of the City in connection with this Agreement. The Cities hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the Cities. The provisions of this Section shall survIve any termination or expiration of this Agreement. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the date last signed below. I CITY OF AUBURN, W A I CITY OF BELLEVUE, W A Interlocal Agreement Between "The Cities" Contracting With Yakima Page 6 of9 By: "" ""-.? ----- By: Pete Lewis, Mayor Steve Sarkozy, City Manager Approved as to Form: Richard L. Andrews, City Attorney CITY OF BOTHELL, W A CITY OF BURIEN, W A By: By: Jim Thompson, City Manager Gary P. Long Approved as to Form: Approved as to Form: Michael E. Weight, City Attorney CITY OF COVINGTON, W A CITY OF DUVALL, WA By: By: Andy Dempsey, City Manager Becky Nixon, Mayor CITY OF FEDERAL WAY, WA CITY OF ISSAQUAH, W A By: By: David H. Moseley, City Manager Ava Frisinger, Mayor Approved as to Form: Approved as to Form: By: By: Robert C. Sterbank, City Attorney Wayne D. Tanaka CITY OF KENMORE, W A CITY OF KIRKLAND, W A By: By: Deborah Chase, Mayor David Ramsay, City Manager A roved as to Form: A roved as to Form: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 7 of9 ". By: -<.. By: Steve Sarkozy, City Manager Approved as to Form: CITY OF BOTHELL, W A CITY OF BURIEN, W A By: By: Jim Thompson, City Manager Gary P. Long Approved as to Form: Approved as to Form: CITY OF COVINGTON, W A CITY OF DUVALL, WA By: By: Andy Dempsey, City Manager Becky Nixon, Mayor CITY OF FEDERAL WAY, WA CITY OF ISSAQUAH, W A By: By: David H. Moseley, City Manager Ava Frisinger, Mayor Approved as to Form: Approved as to Form: By: By: Robert C. Sterbank, City Attorney Wayne D. Tanaka CITYOFKENMORE, WA CITY OF KIRKLAND, WA By: By: Deborah Chase, Mayor David Ramsay, City Manager A roved as to Form: A roved as to Form: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 7 of9 Michael Kenyon, City Attorney Gail Gorud, City Attorney CITY OF LAKE FOREST PARK, WA By: David R. Hutchinson, Mayor Approved as to Form: Michael P. Ruark, City Attorney CITY OF MERCER ISLAND, W A CITY OF NORMANDY PARK, WA By: By: Richard M. Comad, City Manager Merlin MacReynold, City Manager Approved as to Form: Approved as to Form: Londi K. Lindell, City Attorney Susan Rae Sampson CITY OF RENTON, W A CITY OF SAMMAMISH, W A By: By Jesse Tanner, Mayor Michael R. Wilson, City Manager Approved as to Form: Approved as to Form: Lawrence J. Warren, City Attorney Bruce Disend, City Attorney CITY OF SEATAC, WA CITY OF SEATTLE, W A By: By: , City Manager Greg Nickels, Mayor Approved as to Form: Approved as to Form: Interlocal Agreement Between "The Cities" Contracting With Yakima Page 8 of9 Robert L. McAdams, City Attorney Thomas A. Carr, City Attorney CITY OF SHORELINE, W A CITY OF TUKWILA, W A By: By: Robert Deis, City Manager Steve Mullet, Mayor Approved as to Form: Approved as to Form: Ian Sievers, City Attorney Robert F. Noe, City Attorney CITY OF NORTH BEND, W A CITY OF BEAUX ARTS, W A By: By: Joan M. Simpson, Mayor Chuck Lowry, Mayor Approved as to Form: Approved as to Form: Mike Kenyon, City Attorney Wayne Stewart, City Attorney Provide a Generic Notary spot here for the notarization of the city's signature. Interlocal Agreement Between "The Cities" Contracting With Yakima Page 9 of9 INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL This interlocal agreement ("Agreement") is between the City of Renton ("Renton"), a municipal corporation of the State of Washington and the City of Seattle ("Seattle"), a municipal corporation of the State of Washington. WHEREAS, Renton maintains a municipal jail pursuant to R.C.W. 70.48; and WHEREAS, Seattle does not maintain a municipal jail; and WHEREAS, Renton and Seattle have contracts with Yakima County to house long term inmates; and WHEREAS, Renton and Yakima County have made arrangements to have inmates transported from Renton to Yakima; and WHEREAS, housing Seattle inmates III the Renton jail before they are transferred to Yakima County will facilitate their transfer; NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, RCW 39.34, Renton and Seattle hereby agree as follows: SECTION 1. Definitions: "Committing Party" is defined as Seattle. "Housing Party" is defined as Renton jail. "Identified Offender" is defined as a jail inmate who a city desires to have transferred to Yakima County jail. "Medical Furlough" is defined as a release from custody for medical reasons. "Outside Medical Facility" is defined as a hospital or medical clinic or other, medical care provider that is not within the confines ofthe Renton Jail. SECTION 2. Seattle's Obligations: In consideration of the promises of Renton, set forth herein, Seattle promises as follows: (A) Identify those sentenced offenders for commitment to Yakima County jail. (B) Request authorization to transport to Renton prior to transfer from Seattle. (C) Transfer those identified offenders to Renton. Resolution 3470 Exhibit "B" (D) Provide to Renton the commitment papers for each Identified Offender. (E) Make payment ofthe billed amounts by the end of the month following the billing month. Said payment will be made to the City of Renton Finance Department as indicated below. (F) Pay for medical care that is provided for Identified Offenders who are transferred to an outside medical facility. (G) Provide to Renton a means by which Renton can obtain authority from Seattle to medically furlough the Identified Offender should that offender need medical attention from an outside medical facility. (H) Provide a supply of medications for those Identified Offenders who are taking medications at the time of transfer. Said supply must be for 7 days PLUS the number of days the Identified Offender will be held in the Renton Jail. (I) Reimburse Renton for any medications purchased for Identified Offenders ifthe supply identified above is not provided. (J) Maintain Insurance as set out below. SECTION 3. Renton's Obligation: In consideration of the promises of Seattle, set forth herein, and payment of the amounts set forth herein, Renton will: (A) Provide temporary detention of Identified Offenders for up to 72 hours, pending transportation to Yakima County jail. (B) Provide any in-house medical attention that may be required by Identified Offenders. (C) Provide a monthly billing based on the payment schedule set forth herein. (D) Provide transportation of Identified Offenders to the transfer point with Yakima County. The City of Renton reserves the right to refuse the transfer to the Renton jail of any Identified Offender. SECTION 4. Payment Schedule: Page 2 of6 The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $50.00 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $50.00 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. SECTION 5. Insurance: (A) Seattle agrees to provide to Renton, and Renton agrees to provide to Seattle evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance company or pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement. (B) Each party shall obtain and maintain coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. SECTION 6. Contact Persons: Questions regarding billing should be directed to: Susan Liska City of Renton Police Department 1055 So. Grady Way Renton, W A 98056 (425) 430-7538 Page 3 of6 Notices provided for herein or questions regarding Identified Offenders or regarding their detention shall be directed to: Manager Penny Bartley City of Renton Police Department 1055 So. Grady Way Renton, W A 98056 (425) 430-7565 City of Seattle Seattle, W A 98104 (206) SECTION 7. Indemnification: (A) Renton's negligent conduct: Renton shall indemnify and hold harmless Seattle and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of Renton, its officers, agents and employees in performing services pursuant to this Agreement. And, in the event that any suit based upon such a claim, action, loss, or damage is brought against Seattle, or Renton and Seattle, Renton shall defend the same as its sole cost and expense; and if final judgment is rendered against Seattle and its officers, agents, and employees or jointly against Renton and Seattle and their respective officers, agents and employees, Renton shall satisfy the same. (B) Seattle's negligent conduct: Seattle shall indemnify and hold harmless Renton and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of Seattle, its officers, agents and employees in Page 4 of6 performing services pursuant to this Agreement. And, in the event that any suit based upon such a claim, action, loss, or damage is brought against Renton or Renton and Seattle, Seattle shall defend the same as its sole cost and expense; and if final judgment is rendered against Renton and its officers, agents, and employees or jointly against Renton and Seattle and their respective officers, agents and employees, Seattle shall satisfy the same. SECTION 8. Term This Agreement shall be effective December 1, 2001 through December 31,2002. This Agreement shall automatically be renewed for additional one year terms under the same terms and conditions, unless Renton gives Seattle, sixty (60) days written notice of its desire to renegotiate any provision herein or its desire to terminate this Agreement; OR unless Seattle gives Renton sixty (60) days written notice of its desire to renegotiate any provision herein or its desire to terminate this Agreement. SECTION 9. Right to Refuse Identified Offender: Renton shall have the right to refuse to accept any Identified Offender from Seattle, when, in the opinion of Renton its inmate census is at capacity or so near capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. Further, Renton shall have the right to refuse to accept any inmate from Seattle who, in the judgment of Renton, has a current illness or injury which may adversely affect the operations of the Renton Jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. Date: Attest: The City of Seattle, by its Mayor City Clerk Approved as to legal form: Page 5 of6 City Attorney, Seattle Date: Attest: The City of Renton, by its Mayor City Clerk Approved as to legal form: City Attorney, Renton Page 6 0[6 INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON 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 V ALLEY, 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 INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this _ day of , 2002 by and between the Cities of Algona, Auburn, Town of Beaux Arts Villagae, 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 ("Cities"), and Yakima County, Washington ("Yakima County"). A. Yakima County and the Cities are each authorized by law to operate a jail. B. The governing bodies of each of the parties have determined to enter into this Agreement as authorized by the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW, as amended). C. The Cities wish to designate Yakima County's correctional facilities as a place of confinement for the incarceration of one or more inmates lawfully committed to the Cities' custody. D. Yakima County and the Cities have determined that long-term correctional services contracting is a responsible intergovernmental opportunity that resolves serious economic and public safety hardships for all parties. E. Yakima County intends to construct and professionally operate additional jail bed capacity, in part to meet its obligations created by this Agreement. NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties agree as follows: Agreement Between Yakima County/City of Page 1 Resolution 3470 Exhibit IIC" 1. DEFINITIONS (a) Average Daily Population ("ADP") means that number of City Inmates confined in Yakima County correctional facilities for a year, divided by 365. (b) . Care means custody, care and treatment including basic, emergency, essential and/or major medical and dental care, food, lodging and personal items, as further described in Section 6 of this Agreement ( c) City Inmate means a person confined by any City for the violation of state or municipal law and delivered by any City's Police DCllPartment to the custody of Yakima County. (d) Custody means the point in time any City Inmate is either (i) booked into any Yakima County jail facilities or (ii) has been released by a City to the Care of Yakima County, including without limitation, the point at which Yakima County or its agents have taken physical possession of such City Inmate for transportation to any Yakima County jail facilities as described in Section 6(c), whichever occurs first and continues until the City Inmate is released from Yakima County jail facilities. (e) Daily fee means that fee charged for the daily Care of City Inmates. (f) Jail Day means the time period between 12:00:01 a.m. until 12:00 midnight. (g) Minimum Bed Commitment means the bed commitment made by the Cities to maintain an ADP in Yakima county jail facilities equal to 150 City Inmates from the effective date of this Agreement until May 30, 2003 and. equal to 440 City Inmates from July 1, 2003 until the termination of this Agreement. 2. EFFECTIVE DATE. (a) Execution of Agreement. Yakima County expects to authorize the construction and equipping of new correctional facilities to be located in Yakima County (''New Jail Facility"). The obligations of Yakima County and the Cities and the initial effective date of this Agreement shall commence only when this Agreement has been executed by a sufficient number of Cities to represent 90% of the Minimum Bed Commitment. The Cities have estimated each City's respective jail population as set forth on the signature page. These estimates shall in no way obligate each City individually to deliver these estimated populations, but are provided solely for the pwpose of setting an effective date to this Agreement and committing the Cities to collectively provide the Minimum Bed Commitment. In the event this Agreement is not fully executed on or before September 1, 2002 by a sufficient number of Cities as described above, this Agreement shall be null and void and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (b) Permits and Financing. Yakima County is exercising best efforts to obtain the necessary permits and financing for the siting and construction of the New Jail Facility. The obligations of Yakima County and the effective date of this Agreement are conditioned upon Agreement Between Yakima County/City of Page 2 Yakima County obtaining the necessary building permits and the issuance of bonds for the financing of the New Jail Facility no later than . In the event that Yakima County is unable for any reason to obtain such permits or issue such bonds on or before , 2002, this Agreement shall be null and void and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (c) Completion of New Jail Facility. Following the commencement of construction, Yakima County agrees to exercise due diligence to complete the New Jail Facility, the occupancy date, following the shakedown period, is currently estimated by Yakima County to be July 1, 2003. Upon receipt of a full or temporary certificate of occupancy for the New Jail Facility, and upon completion of the required "shakedown period," Yakima County agrees to accept City Inmates pursuant to this Agreement. (d) Effective Date. If Yakima County is successful in obtaining execution of this Agreement as described in subsection (a), and in obtaining the necessary permits and financing as described in subsection (b), then the date the New Jail Facility is completed and ready for occupancy described in subsection (c) shall constitute the effective date ("Effective Date") of this Agreement. 3. DURATION The term of this Agreement shall commence upon the Effective Date and shall end at 11 :59 p.m. on December 31, 2009, subject to earlier termination as provided by Section 4 of this Agreement. This Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to all of the parties. 4. TERMINATION (a) Mutual Consent This Agreement may be terminated by mutual consent between Yakima County and any City; provided, however, that the ADP attributable to that City in the prior calendar year shall reduce the total Minimum Bed Commitment; and, provided further, however, that this Agreement shall remain in full force and effect as between Yakima County and all remaining non-terminating Cities. (b) For Cause. This Agreement may be terminated by any party for cause. "Cause" shall mean any material violation of the terms of this Agreement or any material breach of a party's obligation under the terms of this Agreement; provided, however, that such termination shall be effective only as between a party committing such breach and the party alleging such breach. If the termination for cause is a result of Yakima County's actions, the Minimum Bed Commitment shall be reduced by an amount equal to the ADP attributable to that City in the prior calendar year. Agreement Between Yakima County/City of Page 3 (c) Notice of T ermination. No termination shall be effective until written notice of intent to terminate this Agreement stating with reasonable specificity the basis for the termination and identifying the sections of the Agreement that have been violated is mailed by certified mail~ return receipt requested, to all the parties to this Agreement ("Notice of Termination"). The termination shall not be effective for one (1) year following mailing of the Notice of Termination. The termination of this Agreement between Yakima County and a City, whether by mutual consent or for cause, shall not affect the rights or obligations of Yakima County or any remaining City under this Agreement except for reducing the Minimum Bed Commitment pursuant to subsection (a). (d) Compensation for Services Rendered. In the event of termination of this Agreement, the departing City shall compensate Yakima County at the rate set forth in Section 7 up to the effective date of the termination of this Agreement as between Yakima County and the departing City. 5. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Yakima County: Yakima County Dept. of Corrections and Security 128 N. Second Street Yakima, WA 98901 Contact Person: Kenneth A. Ray, Director City of City of Police Department , W A 98 Contact Person: 6. AGREEMENT TO TRANSPORT AND HOUSE CITY INMATES (a) Care ofCitv Inmates. Yakima County shall maintain its correctional facilities, including the New Jail Facility, to Care for and house City Inmates and such other prisoners allowed by law. Yakima County shall manage, maintain and operate its jails in compliance with all applicable federal, state and local laws and regulations. Yakima County shall confine City Inmates; provide all necessary basic, emergency and/or major medical, psychiatric, dental and hospital services and supplies; provide for the City Inmates' physical and subsistence needs; provide programs and/or treatment consistent with the City Inmates' individual needs; provide for reasonable and satisfactory video and on-site visitation for attorneys, spouses, family and Agreement Between Yakima County/City of Page 4 friends of City Inmates; adequately supervise City Inmates; maintain proper discipline and- control; and make certain that City Inmates receive no special privileges and that the sentence and orders of the committing court are faithfully executed. Nothing contained in this section shall be construed to require Yakima County, or any of its agents, to provide treatment, facilities or programs for any City Inmates which it does not provide for its own comparable inmates; provided, however, that Yakima County shall continuously provide inmate interpretative services which meet or exceed those interpretive services available at the King County Jail; and provided further, however, that Yakima County shall not eliminate, modify or reduce any mental health, treatment, therapy or rehabilitation facilities or programs available to Yakima County Jail inmates as of the date of the execution of this Agreement without the prior agreement of the Cities. Yakima County shall have the discretion to assign City Inmates to its various correctional facilities, including the New Jail Facility, as deemed appropriate according to its standard operating procedures and policies. Except as provided in Section 12, it is expressly understood that Yakima County shall not be authorized to transfer custody of any City Inmate confined pursuant to this Agreement to any party other than the applicable City, or to release any City Inmate from custody without written authorization from the committing court. Yakima County shall provide or arrange for such medical, psychiatric and dental services at the expense of Yakima County in consideration for the daily fee. Whenever Yakima County identifies a City Inmate's need for special medical care that cannot be provided by the correctional facility medical staff, Yakima County shall obtain medical services commensurate with those provided to other inmates of Yakima County. Upon request by the City, Yakima County shall provide the City with verbal or written information pertaining to any medical, psychiatric or dental services provided to City Inmates. (b) Minimum Bed Guarantee. From and after the Effective Date of the Agreement and continuing until May 31,2003, Yakima County guarantees a minimum of 150 daily jail beds for City Inmates. Commencing July 1, 2003 and continuing until this Agreement is terminated, Yakima County guarantees a minimum of 440 daily jail beds for City Inmates. If King County, Washington refuses to accept City Inmates prior to July 1, 2003, Yakima County will use best efforts to accept additional City Inmates by contracting with Benton County, Okanongon County and/or Chelan County, Washington for additional jail capacity for City Inmates. If Yakima County has jail bed capacity in excess of this minimum guarantee, Yakima County will accept additional City Inmates if requested by the Cities. Prior to constructing new jail capacity beyond the Jail Facility, Yakima will contact the Cities and offer to reduce the Minimum Bed Commitment. If any City voluntarily agrees to such a reduction, the Minimum Bed Commitment shall be reduced by the amount of beds the City agrees to return to Yakima for its use. (c) Transports. Yakima County agrees to transport all City Inmates to and from the Yakima County Department of Corrections and Security. Yakima County agrees to pick up City Inmates at the Renton City Jail, 1055 S. Grady Way, Renton, W A, the King County Correctional Facility, 500 5th Avenue, Seattle, WA and the Regional Justice Center, 401 4th Avenue N., Kent, W A, or such other locations in King County as designated by the Cities. The cost of Care of City Inmates as set forth in Section 7 shall cover a minimum of one (1) roundtrip transport every day, seven days a week and Yakima County commits to transport as many City Inmates as are Agreement Between Yakima County/City of Page 5 available for such transport. If any City requests additional transports, the cost shall be agreed upon between Yakima County and the requesting City. 7. COMPENSATION (a) Daily Fee. In consideration of Yakima County's commitment to provide Care for City Inmates, the Cities agree to pay Yakima County a daily fee for the housing and Care of each City Inmate, including all medical, psychiatric and dental costs. Yakima County shall not charge a booking fee or any other fees in connection with the Care of City Inmates. The following daily fee includes a $10 medical/dental fee per bed per day and increases at a rate of 5% per annum: DAILY FEE PER CITY INMATE YEAR (bed maintenance + medical/dental fee) 2002 $ 56.00 2003 $ 58.80 2004 $ 61.74 2005 $ 64.83 2006 $ 68.07 2007 $ 71.47 2008 $ 75.05 2009 $ 78.80 (b) Minimum Bed Commitment Fee. The Cities agree to maintain the Minimum Bed Commitment, adjusted for any reductions due to termination by mutual consent set forth in Section 4(a), after the effective date of this Agreement and until the termination of this Agreement. The ADP of City Inmates shall be reconciled on an annual basis. During the first quarter of each year, Yakima County shall calculate the ADP of all City Inmates during the prior calendar year. In the event this annual ADP falls below the Minimum Bed Commitment, then the Cities shall be charged for the difference between the actual ADP and the Minimum Bed Commitment. The Cities shall be billed for this amount consistent with Section 7(c). (c) Billing and Pavment. 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 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 Cities' 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 10th day of the following month. Payment shall be due to Yakima County within sixty (60) days from the date the statement is received. Agreement Between Yakima County/City of Page 6 Payments not received by the 60th day shall bear interest at the rate of 1 % per month until payment is received. Any billing for failure to meet the Minimum Bed Commitment shall be delivered to each of the Cities during the first quarter of each year and shall include a reconciliation of all the Cities usage and each Cities ADP during the prior calendar year. By separate contract, the Cities have agreed on the division of this bill among the Cities. 8. RIGHT OF INSPECTION The Cities shall have the right to inspect, at all reasonable times, all Yakima County jail facilities in which City Inmates are confined in order to determine if such jail facilities maintain standards of confinement acceptable to the Cities and that such inmates therein are treated on a nondiscriminatory basis in accordance with all applicable federal, state and local requirements. 9. INMATE ACCOUNTS Yakima County shall establish and maintain an account for each City Inmate and shall credit to such account any additional personal funds received on account of such City Inmate ("Inmate Funds") and shall make disbursements for the City Inmate's personal needs, debiting such account in accurate amounts. Yakima County shall maintain a satisfactory procedure to accept and deposit additional funds from family members and friends into individual City Inmate accounts. Such procedure shall include the acceptance of cashier's and government checks and cash by Yakima County on behalf of City Inmates. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. Yakima County shall be accountable to the City for such Inmate Funds. At the earlier of the termination of this Agreement, the City Inmate's death, release from incarceration or return to either the City or indefinite release to the court, the Inmate's Funds shall be transferred to the City. Upon request of the City, the Yakima County Department of Corrections and Security will transfer all or any portion of Inmate Funds that may be reimbursed to a City Inmate to the City in the form of a check in the name of the City Inmate eligible for said reimbursement. 10. DISCIPLINE Yakima County shall have physical control over and power to execute disciplinary authority over all City Inmates. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline prohibited by state or federal law or the imposition of a type of discipline that would not be imposed on a comparable Yakima County inmate. 11. RECORDS AND REPORTS (a) Before or at the time of delivery of each City Inmate, the City shall forward to Yakima County a copy of all records of the City Inmate pertaining to hislher present incarceration at the Renton City Jail, the King County Correctional Facility and/or the Regional Agreement Between Yakima County/City of Page 7 Justice Center. If additional information is requested by Yakima County regarding a particular City Inmate, the parties shall mutually cooperate to provide any additional information. (l> ) Yakima County shall keep all necessary and pertinent records concerning City Inmates in the manner mutually agreed upon by the parties hereto. During confinement in the Yakima County jail, the City Inmate shall, upon request, be entitled to receive and be furnished with copies of any report or record associated with said City Inmate's incarceration. 12. REMOVAL FROM THE YAKIMA COUNTY JAIL Except for City Inmates eligible for correctional work details and under the direct supervision of a correction officer, a City Inmate shall not be removed from the Yakima County jail by any person without written authorization from the City or by order of any court having jurisdiction. Yakima County agrees that no early releases or alternatives to incarceration, including furloughs, passes, home detention, or work release shall be granted to any City Inmate housed pursuant to this Agreement without written authorization by the committing court. This section shall not apply to an emergency necessitating the immediate removal of the City Inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an imminent danger to the safety ofthe City Inmate or to other inmates or personnel of Yakima County. In the event of any such emergency removal, Yakima County shall inform the City of the whereabouts of the City Inmate at the earliest practicable time and shall exercise all reasonable care for the safe keeping and custody of such City Inmate. 13. ESCAPES In the event any City Inmate shall escape from Yakima County's custody, Yakima County will use all reasonable means to recapture the City Inmate. The escape shall be reported promptly to the City. Yakima County shall have the primary responsibility for and authority to direct the pursuit and retaking of the City Inmate or any other inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Yakima County; however, Yakima County shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 14. DEATH OF A CITY INMATE (a) In the event of the death of a City Inmate, the Yakima County Coroner shall be notified promptly. The City shall receive copies of any records made at or in connection with such notification. Yakima County will investigate any death within its facility and will allow the City to join in the investigation. The City shall have the right to obtain copies of any police investigation report pertaining to the death of a City Inmate in the Yakima County j ail facility. (l>) Yakima County shall promptly notify the City of the death of a City inmate, furnish information as requested by a City and, subject to the authority of the Yakima County Coroner, follow the instructions of the City with regard to the disposition of the body. The City shall provide written instructions regarding the disposition of the body within three business days Agreement Between Yakima County/City of Page 8 of receipt by the City of notice of such death. The City shall pay all expenses necessary for the preparation and shipment of the body. With the City's consent, Yakima County may arrange for burial. and all matters related or incidental thereto and the City shall pay all such expenses. The provisions of this section shall govern only the relations between or among the parties hereto and shall not affect the liability of any other person for the disposition of the deceased or for any expenses connected therewith. . (c) The City shall receive a certified copy of the death certificate for any City Inmate who has died while in Yakima County custody. 15. . RETAKING OF INMATES In event the confinement of any City Inmate is terminated for any reason by either party, retaking of City Inmates shall be coordinated in the same manner and at the same rates as if this Agreement had not been terminated, or in a manner as agreed in writing by the parties. 16. HOLD HARMLESS AND INDEMNIFICATION (a) The City shall defend, indemnify and hold harmless Yakima County, its officers, agents and employees, from and against any and all claims, costs, judgments or damages, including attorney's fees, arising out of or resulting from the negligent acts or omissions, tortious actions, or civil rights violations under State or Federal law of the City, its officers, agents and employees in connection with the confinement of any City Inmate by Yakima County. (b) Yakima County shall defend, indemnify and hold harmless the City, its officers, agents and employees, from and against any and all claims, costs, judgments or damages, including attorney's fees and costs, arising out of the negligent acts or omissions, tortious actions, or civil rights violations under State or Federal law of Yakima County, its officers, agents and employees in connection with the Care, Custody or confinement of any City Inmate by Yakima County. As part of its obligations, Yakima County shall defend, indemnify and hold harmless the City, its officers, agents and employees, from and against any and all claims of any kind whatsoever related to the transportation of City Inmates in the Custody of Yakima County. (c) Yakima County and the Cities hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. (d) The provisions of this Section 16 shall survive any termination or expiration of this Agreement. 17. INSURANCE (a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming Agreement Between Yakima County/City of Page 9 coverage from a solvent insurance pool, which is sufficient to address the msurance and indemnification obligations set forth in this Agreement; (b) Each party shall obtain and maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. (c) The coverage evidenced in Section 17(b) may not be sufficient to cover all liability losses and related claim settlement expenses. Evidence of these limits of coverage does not relieve Yakima County from liability for losses and settlement expenses greater than these limits. 18. RIGHT TO REFUSE INMATES (a) Yakima County shall have the right to refuse to accept any City Inmate beyond the Minimum Bed Commitment when, in the opinion of Yakima County, the Yakima County jails' inmate population is at or so near capacity that there is a substantial risk that the operational capacity limits ofthe jail facilities might be reached. (b) Except as provided for in subsection (a), and notwithstanding any classification criteria or other policies or procedures in existence or hereinafter adopted by Yakima County seemingly to the contrary, Yakima County shall have the right to refuse to accept a City Inmate, or to return a City Inmate to a City, only if, in the reasonable judgment of Yakima County, such City Inmate has a current illness or injury which may adversely affect the operations of the Yakima County jail, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. Yakima's jail classification system shall not be considered in determining whether or not to accept a City Inmate. If a City Inmate is being returned to the City pursuant to this subsection (b), the cost of transport shall be paid by the City unless the transport can be made by Yakima. County within the terms set forth in Section 6( c) of this Agreement. 19. INDEPENDENT CONTRACTOR In providing services under this Agreement, Yakima County is an independent contractor and neither it nor its officers, agents or employees are employees of the Cities or any City for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue, to an employee of the Cities or any City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a party to this Agreement. Agreement Between Yakima County/City of Page 10 20. GENERAL PROVISIONS This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by all of the parties. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest and assigns; provided, however, that Yakima County shall not delegate its duties pertaining to City Inmate Care without the written consent of the applicable City, which consent shall not be. withheld unreasonably. Any provision that is declared invalid or. illegal shall in no way affect or invalidate any other provision. In the event either party defaults on the performance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the prevailing party shall be entitled to an award of all its attorney fees, costs and expenses. Failure of any party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Yakima represents and assures the Cities that no other King, Pierce or Snohomish County or city located within such county will receive more favored treatment under a contract with Yakima covering the Care of any inmates. The laws ofthe state of Washington shall govern this Agreement. Any action, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Superior Court for the State of Washington in Thurston County. This Agreement may be executed in any number of counterparts. Upon Effective Date, this Agreement modifies, supersedes and replaces any and all contractual provisions, promises, or covenants contained in any previous agreement between any City and Yakima County.r / / / / / / / / / Agreement Between Yakima County/City of Page 11 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: BOARD OF YAKIMA COUNTY COMMI!IONERS ~ By: fJ~ Yh ~ ~ames M. ~s -______ By~ ~tJh,~~ Jesse S. palacicfs, Commissioner By: 6<~1)";{cJ)t'-- ~ ~ Ronald F. Gamache, Commissioner CITY OF ALGONA, W A By: Glenn Wilson, Mayor Estimated ADP: :~~w~, Pete Lewis, Mayor Estimated ADP: TOWN OF BEAUX ARTS VILLAGE, W A By: Charles R. Lowry, Mayor Estimatead ADP: CITY OF BELLEVUE, W A By: Steve Sarkozy, City Manager Estimated ADP: Agreement Between Yakima County/City of Auburn Page 12 ATTEST: CI1M/IJ Vvt. ulrJAJ Carla ~, Clerk ofthe Board of Yakima 'C6\m'(Y Commissioners Approved as to Form: George Kelley, Algona City Attorney Approved as to Form: Dmc~um!fi!pY Approved as'1tY.Fb~v' , "''', '" Wayne Stewart, Town Attorney Approved as to Form: Richard L. Andrews, Bellevue City Attorney CITY OF BLACK DIAMOND, W A Approved as to Form: By: Howard Botts, Mayor Loren D. Combs, City Attorney Estimated ADP: CITY OF BOTHELL, W A Approved as to Form: By: Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney Estimated ADP: CITY OF BURIEN, W A Approved as to Form: By: Gary P. Long, City Manager Lisa Marshall, Burien City Attorney Estimated ADP: CITY OF CARNATION, WA Approved as to Form: By: Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Attorney Estimated ADP: CITY OF CLYDE HILL, W A Approved as to Form: By: George S. Martin, Mayor Clyde Hill City Attorney Estimated ADP: CITY OF COVINGTON, W A Approved as to Form: By: Andy Dempsey, City Manager Duncan C. Wilson, Covington City Attorney Estimated ADP: CITY OF DES MOINES, W A Approved as to Form: By City Manager Des Moines City Attorney Estimated ADP: Agreement Between Yakima County/City of Page 13 CITY OF DUVALL, W A Approved as to Form: By: Becky Nixon, Mayor John L. O'Brien, Duvall City Attorney Estimated ADP: CITY OF FEDERAL WAY, WA Approved as to Form: By: By: David H. Moseley, City Manager Robert C. Sterbank, Federal Way Estimated ADP: City Attorney CITY OF ISSAQUAH, W A Approved as to Form: By: By: A va Frisinger, Mayor Wayne D. Tanaka, Issaquah Estimated ADP: City Attorney 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 Attorney CITY OF MAPLE VALLEY, W A Approved as to Form: By: John F. Starbard, City Manager Maple Valley City Attorney Estimated ADP: Agreement Between Yakima County/City of Page 14 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 CITY OF NEWCASTLE, W A Approved as to Form: Andrew J. 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, W A 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: Agreement Between Yakima County/City of Page 15 CITY OF RENTON, W A Approved as to Form: By: Jesse Tanner, 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 SEATAC, W A Approved as to Form: By: , City Manager Robert L. McAdams, SeaTac City Attorney Estimated ADP: CITY OF SEATTLE, WA 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 Attorney Estimated ADP: CITY OF SNOQUALMIE, WA Approved as to Form: By: Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney Estimated ADP: Agreement Between Yakima County/City of Page 16 CITY OF TUKWILA, W A Approved as to Form: By: Steve Mullet, Mayor Robert F. Noe, City Attorney Estimated ADP: CITY OF WOODINVILLE, W A Approved as to Form: By: Pete Rose, City Manager Wayne D. Tanaka, Woodinville 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: 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 pwposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this _ day of , 2002. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Agreement Between Yakima County/City of Page 17 Interlocal to be filed with the Yakima County Auditor Changes made to 4/18/02 version to result in this 5/1/02 version. L:\TAIL\5-01-02 Clean L-trm Yakima Contract.doc Agreement Between Yakima County/City of Page 18 r' ADDENDUM TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON 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 P ARK, 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 ADDENDUM TO THE INTERLOCAL AGREEMENT FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY ("Agreement") is made and entered into on this _ day of , 2002 by and between 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 ("Cities"), and Yakima County, Washington ("Yakima County"). WHEREAS Yakima County and the cities named above intend to enter into a long term agreement ("thc Agrccmcnt") for housing of city inmates by Yakima County; and WHEREAS numerous cities have signed the Agreement; and WHEREAS certain provisions ofthe Agreement require modification before final execution and the parties have determined that the most efficient method of making such modifications is for this addendum to be executed contemporaneously with Yakima County signing the Agreement. THEREFORE, the provisions of the Interlocal Agreement between Yakima County, Washington and the cities named above for housing of inmates are amended as follows: ADDENDUM TO INTERLOCAL AGREEMENThFOR HOUSING OF INMATES BY YAKIMA COUNTY Page 1 of 10 Section 1. Section l(g) of the Agreement is hereby amended as follows: (g) Minimum Bed Commitment means the bed commitment made by the Cities to maintain an ADP in Yakima county jail facilities equal to 150 City Inmates from the effective date of this Agreement until September 30,2003 and equal to 440 City Inmates from October 1, 2003 until the termination of this Agreement. Section 2. Section 2 of the Agreement is hereby amended as follows: (a) Effective Date - Execution of Agreement. Yakima County expects to authorize the construction and equipping of new correctional facilities to be located in Yakima County ("New Jail Facility"). The effective date of this Agreement and the obligations of Yakima County and the Cities shall commence only when this Agreement has been executed by a sufficient number of Cities to represent 90% of the 440 Minimum Bed Commitment. The Cities have estimated each City's respective jail population as set forth on the signature page. These estimates shall in no way obligate each City individually to deliver these estimated populations, but are provided solely for the purpose of setting an effective date to this Agreement and committing the Cities to collectively provide the 440 Minimum Bed Commitment. In the event this Agreement is not fully executed on or before November 1, 2002 by a sufficient number of Cities as described above, this Agreement shall be null and void and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (b) Permits and Financing. Yakima County is exercising best efforts to obtain the necessary permits and financing for the siting and construction of the New Jail Facility. The obligation of Yakima County to provide the Minimum Bed Commitment in excess of 150 beds is conditioned upon Yakima County issuing bonds for the financing of the New Jail Facility no later than December 31, 2002 and obtaining the necessary building permits. In the event that Yakima County is unable for any reason to issue such bonds on or before December 31, 200? or obtain Sl]C~h rp.rrnit~, V ~kim~ COlmty m~y eled to terminate this Agreement and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (c) Completion of New Jail Facility. Following the commencement of construction, Yakima County agrees to exercise due diligence to complete the New Jail Facility, the occupancy date, following the shakedown period, is currently estimated by Yakima County to be July 1, 2004. Upon receipt of a full or temporary certificate of occupancy for the New Jail Facility, and upon completion of the required "shakedown period," Yakima County agrees to accept City Inmates pursuant to this Agreement in the New Jail Facility. Section 3. Section 3 of the Agreement is hereby amended as follows: The term of this Agreement shall commence upon the Effective Date and shall end at 11:59 p.m. on December 31, 2010, subject to earlier termination as provided by Section 4 of this Agreement. This Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to all of the parties. ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 2 of 10 Section 4. Section 6(b) of the Agreement is hereby amended as follows: (b) Minimum Bed Guarantee. From and after the Effective Date of the Agreement and continuing until September 30, 2003, Yakima County guarantees a minimum of 150 daily jail beds for City Inmates. Commencing October 1, 2003 and continuing until this Agreement is terminated, Yakima County guarantees a minimum of 440 daily jail beds for City Inmates. If King County, Washington refuses to accept City Inmates prior to October 1, 2003, Yakima County will use best efforts to accept additional City Inmates by contracting for additional jail capacity for City Inmates. If Yakima County has jail bed capacity in excess of this minimum guarantee, Yakima County will accept additional City Inmates if requested by the Cities. Prior to construCting new jail capacity beyond the Jail Facility, Yakima will contact the Cities and offer to reduce the Minimum Bed Commitment. If any City voluntarily agrees to such a reduction, the Minimum Bed Commitment shall be reduced by the amount of beds the City agrees to return to Yakima for its use. Section 5. Section 6 of the Agreement is herby amended by adding the following subsection (d): (d) Yakima County shall provide the Cities' Inmates with confidential telephone or in person access to their attorneys during their period of incarceration at the Yakima County Jail at no cost to the inmate. Each City shall reimburse Yakima County or cause Yakima County to be reimbursed for the cost of that City's Inmates' long distance telephone calls within 30 days of receipt of invoice from the County. By separate mutual agreement, the County and a City may provide video conference capabilities for the City's Inmates' communication with the inmates' attorneys, families or other persons or agencies. Section 6. Subsection 7(a) of the Agreement 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 a daily fee for the housing and Care of each City Inmate, including all medical, psychiatric and dental costs. Yakima County shall not charge a booking fee or any other fees in connection with the Care of City Inmates. The following daily fee, which shall increase at a rate of 5% per annum as shown, includes a per inmate per day (i) bed maintenance fee and (ii) Medical Payment: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 3 of 10 " '...... DAILY FEE PER CITY INMATE YEAR (bed maintenance fee + $5 Medical Payment) 2002 $ 56.00 2003 $ 58.80 2004 $ 61.74 2005 $ 64.83 2006 $ 68.07 2007 $ 71.47 2008 $ 75.05 2009 $ 78.80 2010 $ 82.74 Yakima County shall pay for all medical, psychiatric, and dental costs of the Cities' Inmates in exchange for the payment by the Cities of an amount equal to $5 per day per inmate ("Medical Payment"). Medical Payments shall be made from a designated fund maintained by Yakima County. Such fund shall consist of deposits made by each City in an amount equal to $5 per day per City Inmate. 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 and/or dental service provided. Each quarter Yakima County shall send to the Cities and accounting of the medical fund. In the event Yakima County's actual medical, psychiatric, and dental costs exceed the funds available in the Medical Payment fund, the cities agree to compensate Yakima County for all said costs within 30 days following receipt of said medical billing. y akim~ C-onnty agrees to use best efforts to take advantage of the best available state pharmacy programs or to have an operational in-house pharmacy on or before acceptance of long term inmates. Section 7: Section 18(b) of the Agreement is hereby amended by deleting existing Section 18 (b) in its entirety and replacing it with the following: 18(b) Yakima County shall have the right to refuse to accept a City Inmate and to return such Inmate to a City when, in the reasonable and informed judgment of Yakima County, such City Inmate: (i) would require 24-hour per day medical attention as a result of a life-threatening illness or injury or uncontrollable behavior resulting from an acute psychiatric disorder; (ii) would require regular medical staff assistance in connection with mobility, bodily function or personal hygiene needs due to a lack of ambulatory ability; (iii) has a unique medical condition for which Yakima County is unable to obtain medical services, (iv) has been convicted of escape from a secure jail facility; or (v) has been convicted of assault on any correction officer or staff. If an ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 4 of 10 .~ Inmate is being returned to the City pursuant to this Section, the cost of transport shall be paid by the City unless the transport can be made by Yakima County within the terms set forth in Section 5 of this Agreement. Section 8: This Addendum may be executed in any number of counterparts. Except as otherwise amended by this Addendum, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: BOARD OF YAKIMA COUNTY COMMISSIONERS ATTEST: Ronald F. Gamache, Chairman Carla Ward, Clerk of the Board of Yakima County Commissioners By: By: Approved as to Form: James M. Lewis, Commissioner Jesse S. Palacios, Commissioner Ronald S. Zirkle Yakima County Prosecuting Attorney By: CITY OF ALGONA, W A Approved as to Form: By: Glenn Wilson, Mayor Estimated ADP: George Kelley, A1gona City Attorney :7~ Pete Lewis, Mayor Estimate 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: Richard L. Andrews, Bellevue City Attorney CITY OF BLACK DIAMOND, W A By: Approved as to Form: Howard Botts, Mayor Estimated ADP: Loren D. Combs, City Attorney ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 5 of 10 '~ CITY OF BOTHELL, W A Approved as to Form: By: Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney Estimated ADP: CITY OF BURlEN, W A Approved as to Form: By: Gary P. Long, City Manager Lisa Marshall, Burien City Attorney Estimated ADP: CITY OF CARNA nON, W A Approved as to Form: By: Woody Edva1son, City Manager Phil A. 01brechts, Carnation City Attorney Estimated ADP: CITY OF CLYDE HILL, WA Approved as to Form: By: George S. Martin, Mayor Clyde Hill City Attorney Estimated ADP: CITY OF COVINGTON, W A Approved as to Form: By: Andy Dempsey, City Manager Duncan C. Wilson, Covington City Attorney Estimated ADP: CITY OF DES MOINES, W A Approved as to Form: By City Manager Des Moines City Attorney Estimated ADP: CITY OF DUVALL, W A Approved as to Form: By: Becky Nixon, Mayor John L. O'Brien, Duvall City Attorney Estimated ADP: CITY OF FEDERAL WAY, WA Approved as to Form: By: David H. Moseley, City Manager Federal Way City Attorney Estimated ADP: CITY OF ISSAQUAH, W A Approved as to Form: By: A va Frisinger, Mayor Wayne D. Tanaka, Issaquah City Attorney Estimated ADP: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 6 of 10 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, WA 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 Attorney CITY OF MAPLE VALLEY, 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: Lonm .1\... Lmaell, 1YlerCer Ismna ~ny CITY OF NEWCASTLE, W A Approved as to Form: Andrew J. 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, W A Approved as to Form: By: Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney Estimated ADP: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 7 of 10 0- 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: Jesse Tanner, 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: CITYOFSEATAC, WA Approved as to Form: By: , City Manager Robert L. McAdams, SeaTac City Attorney Estimated ADP: CITY OF SEATTLE, 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 Attorney Estimated ADP: CITY OF SNOQUALMIE, W A Approved as to Form: By: Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqua1mie City Attorney Estimated ADP: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 8 of 10 " ~- CITY OF TUKWILA, W A By: Approved as to Form: Steve Mullet, Mayor Estimated ADP: Robert F. Noe, City Attorney CITY OF WOODINVILLE, W A Approved as to Form: By: Pete Rose, City Manager Estimated ADP: Wayne D. Tanaka, Woodinville City Attorney TOWN OF YARROW POINT Approved as to Form: By: Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney Estimated ADP: 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 execute said instrument. Given under my hand and official seal this _ day of ,2002. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Interloca1 to be filed with the Yakima County Auditor ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 9 of 10