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RESOLUTION NO. 3 7 3 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE INTERLOCAL AGREEMENTS
BETWEEN KING COUNTY CITIES AND YAKIMA COUNTY,
WASHINGTON, FOR JAIL ADMINISTRATION AND SERVICES
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 6ty 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
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,
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Resolution No. 3736
September 20, 2004
Page 1 00
whereby those jail responsibilities can be addressed so that the City of Auburn and its
partner cities can meet their jail needs as well; and
WHEREAS, the City Council previously authorized by Resolution No. 3470,
approved May 20, 2002, the Mayor to execute the predecessor agreements for jail
administration and services, among the same parties, which agreements were later held
in suspension because of unresolved issues; and
WHEREAS, the unresolved issues have been addressed in a reasonably
satisfactory fashion for the City of Auburn and the other participating entities; and
WHEREAS, it is appropriate for the City Council to authorize the Mayor to
execute the Jail and Administration Services Agreements referenced herein.
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" and "B" (A) an Interlocal Agreement for Jail
Administration with various King County cities, and (B) a Second Amendment to the
Interlocal Agreement among King County cities and Yakima County for housing of
inmates in the Yakima County jail, both of which are 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.
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Resolution No. 3736
September 20, 2004
Page 2 00
Section 3. This resolution shall be effective upon passage and signature
herein.
DATED and SIGNED this L.C"lêfay of September, 2004.
CITY OF AUBURN
----.
-'-'---. ,----.J
PETER . LEWIS
MAYOR
ATTEST:
~,-ÛauD¡ t112~Y\.-/
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
,
~.
Daniel B.
City Attorney
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Resolution No. 3736
September 20, 2004
Page 3 of3
INTERLOCAL AGREEMENT FOR JAIL ADMINISTRATION
ESTABLISHING THE TERM, PURPOSE, MEMBERSHIP, GOVERNANCE,
JAIL OVERSIGHT ASSEMBLY (ASSEMBLY), JAIL ADMINISTRATION
GROUP (JAG), JAIL OPERATION GROUP (JOG), MEETINGS, FISCAL
AGENT, STAFFING, ANNUAL ASSESSMENT, TERMINATION, DISPOSITION
OF REAL PROPERTY, INSURANCE AND INDEMNIFICATION
REQUIREMENTS AND GENERAL PROVISIONS
This Interlocal Agreement ("Agreement") is dated effective November 1,2003
and is made and entered into between Algona, Auburn, Town of Beaux Arts Village,
Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des
Moines, Duvall, Enumclaw, Federal Way, Hunts Point, Issaquah, Kenmore, Kent,
Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Milton, Newcastle,
Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle,
Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and the Town of Yarrow
Point, Washington, municipal corporations organized under the laws of the State of
Washington (collectively the "Cities").
A. The Cities enter into this Agreement pursuant to and as authorized by the
Interlocal Cooperation Act (Chapter 39.34 RCW).
B. Some of the Cities have entered into a long term Interlocal Agreement with
Yakima County, as amended, for the purpose of housing the Cities' inmates in
Yakima County jail facilities ("Yakima Jail Contract"). The Yakima Jail Contract
commits the Cities to deliver a certain number of inmates to Yakima County to
satisfY a Minimum Bed Commitment. The Yakima Jail Contract and any
addendums to it are incorporated herein by this reference.
C. Previously, the Cities negotiated the terms of an agreement regarding the use by
the Cities of the Minimum Bed Commitment, including the allocation of jail beds
among the Cities and the allocation of charges for jail service under the Yakima
Jail Contract; however, that agreement never took effect.
D. Some of the Cities have entered into a Jail Services Agreement with King County
("King County Jail Contract") providing for the Cities' use of jail beds in King
County jail facilities for a limited time not to exceed ten years. The King County
Jail Contract is incorporated herein by this reference.
E. The King County Jail Contract provides for the creation of a Jail Administration
Group to respond to any issue regarding the administration, implementation or
interpretation of the King County Jail Contract.
F. King County and the City of Bellevue have entered into a Land Transfer
Agreement pursuant to Paragraph 12 of the King County Jail Contract which
provides for the transfer of ownership of the eastside Jail site ("Jail Property") to
Bellevue on behalf of all of the Cities. The Land Transfer Agreement is
incorporated herein by this reference.
Page I
Attachment A
G. The Cities desire to enter into this Interlocal Agreement for Jail Administration in
order to set forth the purpose, membership, governance, meeting frequency, fiscal
agent, staffing, term, annual assessment, termination, and insurance and
indemnification requirements, and regarding the use by the Cities ofthe Minimum
Bed Commitment under the Yakima Jail Contract, including the method for
allocating those jail beds as between the Cites, and to establish the formula for
payment for unused beds should the Cities collectively fail to meet their
Minimum Bed Commitment with Yakima County, as more specifically set forth
in this Agreement.
H. The Cities of Kent and Enurnclaw are not parties to the Yakima Jail Contract or
the King County Jail Contract. Kent and Enumclaw are included as parties to this
Interlocal Agreement to clarify the City of Bellevue's authority with respect to the
Jail Property, and to provide for Kent's and Enurnclaw's participation in the
planning process for disposition of Jail Property proceeds and for future jail
facilities.
IT IS HEREBY AGREED AS FOLLOWS:
1. PURPOSE
This Interlocal Agreement is entered into by the Cities to further clarify the role of the
Cities and their representatives in planning, implementation, operation and administration
of interlocal agreements related to the provision of current jail services, and in planning
for future facilities and programs for municipal inmates, and to establish a formula for the
payment of unused beds should the Cities collectively fail to meet their Minimum Bed
Commitment with Yakima County. This Agreement implements the administration
group created by the King County Jail Contract and creates a group in order to facilitate
cooperation in the examination of policy issues, questions and/or disputes involving the
administration of the King County Jail Contract and the Yakima Jail Contract, the
disposition of the Jail Property proceeds, and the planning for new misdemeanant secure
jail facilities, non-secure alternative facilities or programs to create additional
misdemeanant capacity.
2. CREATION OF THE ASSEMBLY, JAG AND JOG
To accomplish the purposes of this Agreement, the Cities hereby create an oversight
group of elected representatives called the Jail Oversight Assembly ("Assembly"), an
administrative entity called the Jail Administration Group ("JAG"), and an operations
entity called the Jail Operations Group ("JOG"), all as further described in Section 6 of
this Agreement.
3. DEFINITIONS
Assembly means the Jail Oversight Assembly created pursuant to Section 6 of this
Agreement with the duties described herein.
Average Daily Population ("ADP") means that number of City Inmates confined in
Yakima County jail facilities for a year, divided by 365.
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Cities means Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond,
Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Enumclaw,
Federal Way, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple
Valley, Medina, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific,
Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie,
Tukwila, Woodinville, and Town of Yarrow Point, Washington.
City means a Washington city or town that is a party to this Agreement.
City Member means any city or town that has signed this Agreement.
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
by 365.
Fiscal Agent means the "fiscal agent" selected by the Assembly pursuant to RCW
39.34.030.
JAG means the Jail Administration Group created pursuant to Section 6 of this
Agreement, and the King County Jail Contract.
JOG means the Jail Operation Group created pursuant to Section 6 of this Agreement
and with the duties described herein.
Jail Property means that certain real property located in Bellevue, Washington and
commonly known as 1440 116th Avenue NE and 1412 116th Avenue NE, Bellevue,
Washington, to be conveyed to the City of Bellevue to hold on behalf of all King County
cities as third party beneficiaries consistent with the King County Jail Contract.
Minimum Bed Commitment means the bed commitment made by the Cities
collectively to maintain an Average Daily Population in Yakima County jail facilities
equal to 440 City Inmates ITom October I, 2003 through December 31, 2009, or as
otherwise set in the Yakima Jail Contract.
Overused Bed Commitment means the difference between a City's EADP and the
actual number of City Inmates sent to Yakima County jail facilities by that City, where
the actual number is less than that City's EADP.
4. TERM
This Agreement shall be dated effective November I, 2003 and shall continue until
December 31, 2012, the date of the expiration of the King County Jail Contract ("Term").
This Agreement may be renewed for any successive periods, by written addendum, under
terms and conditions acceptable to all of the Cities. No City that is a party to this
Agreement at its inception or thereafter will be required to be a party to any renewal of
this Agreement.
5. TERMINATION
5.1 Termination Unrelated to Yakima Jail Contract. Any City may terminate its
participation in this Agreement by delivering written notice to the Assembly, by
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December 31 in any year, of its intention to terminate effective December 31 of the
following year. Any City terminating this Agreement shall remain legally and financially
responsible for any obligation incurred by the City pursuant to the terms of this
Agreement, including its obligation to pay its annual assessment for the current budget
year as described in Sections 8 and 9 of this Agreement.
5.2 Termination for Cause - Yakima Jail Contract. In the event any City's
participation in the Yakima Jail Contract is terminated for cause, as defined in the
Yakima Jail Contract, such City shall remain legally and financially responsible to
Yakima County for its EADP until December 31, 2009, or the end of the then existing
term if the Yakima Jail Contract has been extended before the termination for cause;
provided, that the terminated City may be entitled to a credit under Section 10 of this
Agreement.
6. GOVERNANCE
6.1 Jail Oversight Assemblv (Assemblv).
(a) Membership. Each City Member shall appoint one elected official to be a
member of the Assembly. The initial Assembly member for each City shall be
the elected official designated by the City in the space provided below the City's
signature on this Agreement. In the event that a City's initial Assembly member
becomes unable to serve as an Assembly member, the City shall designate a new
or alternate Assembly member.
(b) Assemblv Powers. The Assembly shall make policy determinations
necessary to guide and direct the administration of this Agreement, and to guide
JAG and JOG in the performance of duties under this Agreement, the King
County Jail Contract, the Land Transfer Agreement, and the Yakima Jail
Contract. The Assembly shall have the following duties and powers:
(i) Annual Assessment. Budt!et and Work Prot!fam. The Assembly
shall receive recommendations ITom JAG regarding the annual budget pursuant to
Section 8 of this Agreement, the amount of the annual assessment pursuant to
Section 9 of this Agreement, and an annual work program. On or before July 1 sl
of each year, the Assembly shall submit to the legislative body of each City a
recommendation for the annual assessments, the annual budget, and the work
program for the next year.
(ii) Disposition of Jail Propertv. The Assembly shall receive
recommendations ITom JAG and/or JOG regarding use of any proceeds of the sale
or transfer of the Jail Property, and then either approve, reject or approve with
modification such use of the proceeds.
(iii) New Misdemeanant Facilities. The Assembly shall receive
recommendations ITom JAG and/or JOG regarding alternatives for assessment
and planning for new misdemeanant secure jail facilities, proposals to site or
create jail facilities, options for non-secure alternative facilities or programs and
issuance of long term debt for construction of such facilities and then either
approve, reject, or modifY the recommended alternative.
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(iv) Amendments. The Assembly shall receive recommendations ITom
JAG and/or JOG regarding any amendments to this Agreement, including the
amendment of the annual assessment formula set forth in Section 9 of this
Agreement, or the other interlocal agreements referenced by this Agreement and
incorporated herein, and then make a recommendation to approve, reject or
modify such amendment to the legislative bodies of each City or return the
recommendation to the JAG or JOG.
(v) Fiscal Agent. The Assembly shall appoint a Fiscal Agent for the
purposes of carrying out and recording financial transactions pursuant to RCW
39.34.030.
(vi) Policv Determinations. The Assembly may make such policy
determinations as are necessary to guide the administration or implementation of
this Agreement, the King County Jail Contract, the Yakima Jail Contract, and the
Land Transfer Agreement, including but not limited to policy regarding the hiring
of employees or contracting with consultants, purchasing of goods or services,
and adoption of procedures for the administration of this Agreement.
(c) Meetings. The Assembly shall meet at the times convened by its officers,
but at least once each year. For any meeting held in addition to one annual
meeting regarding the annual budget, assessments, and work program, the
Assembly may meet by telephone, electronically, video conferencing, or any
other communications mechanism that allows simultaneous communication
between all persons in attendance; provided, that at least fourteen days notice of
the meeting is provided to all Assembly members. A quorum shall consist of
Assembly members representing sixty percent (60%) of the total residential
population of all City Members. Decisions shall be made or action shall be taken
by the affirmative vote of Assembly members ITom Cities having sixty percent
(60%) of the total residential population of all City Members. For purposes of
this section, each Cities' residential population shall be deemed to be the most
recent population estimate available ITom the State of Washington's Office of
Financial Management. If an Assembly member will be absent ITom a meeting,
the Assembly member may, but is not required to, designate by written proxy
another person to attend the meeting and vote on behalf of the Assembly member.
The Assembly may seek a straw vote for informational purposes only.
(d) Assembly Officers. The Assembly members shall select up to four
officers, including a chairperson and vice-chairperson to serve as the executive
committee; provided, that if representatives are not selected ITom each of the three
largest jail users among the cities that are parties to both the Yakima and King
County jail interlocal agreements for housing misdemeanant inmates, such
representatives shall be included as additional members of the executive
committee. "Largest jail user" is determined by the sum of the jail inmate
populations in the King County and Yakima jail facilities ITom the prior calendar
year. The officers serving as the executive committee shall (I) convene meetings
of the Assembly as the officers determine appropriate, but at least once a year, (2)
establish the agenda for each meeting, (3) act as spokespersons for the Assembly,
and (4) convene and make assignments to Assembly subcommittees, as
Page 5
appropriate. The chairperson shall preside over the Assembly's meetings, and the
vice-chairperson shall preside in the chairperson's absence.
6.2 Jail Administration Group (JAG).
(a) Membership. The JAG shall be composed of six (6) members as follows:
City of Seattle Representative (1)
City of Bellevue Representative (1)
Suburban Cities Representatives (4)
The Mayor of Seattle shall appoint the City of Seattle representative, and shall
also appoint an alternative Seattle representative to serve in the event that the
original representative is absent or becomes unable to serve. The Bellevue City
Manager shall appoint the City of Bellevue representative, and shall also appoint
an alternative Bellevue representative to serve in the event that the original
representative is absent or becomes unable to serve. The Suburban Cities
Association ("SCA") shall select three (3) representative cities through a process
defined by the SCA, and a fourth representative among the SCA cities shall be
selected by the Mayor or City Manager of the SCA city that is the largest jail user
and a party to both the King County and Yakima interlocal agreements for
housing misdemeanant inmates. "Largest jail user" is determined by the sum of
the jail inmate populations in the King County and Yakima jail facilities ITom the
prior calendar year. For each city representative selected by SCA, and the
suburban city selected based upon largest jail population, the Mayor of a
mayor/council city or the City Manager of a manager/council city shall appoint
that City's representative, as well as an alternative representative to serve in the
event that the original representative is absent or becomes unable to serve. The
Seattle, Bellevue, and Suburban Cities members of the JAG created in this
Section shall be the same as the members of the JAG created under the King
County Jail Contract.
(b) JAG Powers. The JAG shall administer this Agreement pursuant to the
terms of this Agreement, the Yakima Jail Contract, the King County Jail Contract,
and the Land Transfer Agreement and pursuant to any procedures adopted by the
Assembly or JAG. The JAG shall have the following duties and powers:
(i) Act as the Cities' representatives to the King County Jail Contract
and perform all duties assigned to JAG under that Contract,
consistent with policy direction provided by the Assembly under
this Agreement;
(ii) Make policy recommendations as defined in Section 6.1 of this
Agreement to the Assembly including, without limitation,
recommendations on the disposition of the Jail Property proceeds
(subject to Section 7 of this Agreement), alternatives for
assessment and planning for new misdemeanant secure jail
facilities, proposals to site or create jail facilities, options for non-
secure alternative facilities or programs and issuance of long term
debt for construction of such facilities, and contract language
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associated with any re-opener of the provisions described in
Section 7 of the King County Jail Contract;
(iii) Make recommendations to the Assembly on the appointment of a
Fiscal Agent for the purposes of carrying out and recording
financial transactions pursuant to RCW 39.34.030;
(iv) Evaluate JOG recommendations regarding the interpretation of the
King County Jail Contract or Yakima Jail Contract and issues
related to inmate transportation, alternative and community
correction programs, coordination with the courts and law
enforcement, mental health, drug and alcohol treatment, alternative
facilities within or outside of King County or other related issues;
(v) After consultation with JOG, develop and recommend a budget,
including annual assessments, and work program to the Assembly,
and implement the budget and work program, subject to the Cities'
obtaining legislative body approval of each City's individual
annual assessment, the annual budget, and the work program in
accordance with Section 8 of this Agreement;
(vi) Following budget and work program approva1 by the Assembly
and City Members in accordance with Section 8 of this Agreement,
and subject to the availability of funds, the JAG, acting through its
chairperson, will have the following additional powers:
(1) Hire and supervise any staff, consultants or private
vendors consistent with the annual budget, work
program, and any human resource policies and
procedures of the Fiscal Agent;
(2) Negotiate and enter into any contracts or
agreements with third parties for goods and services
consistent with the annual budget and work
program;
(3) Approve or disapprove expenditures consistent with
the annual budget and work program;
(4) Make purchases or contract for services consistent
with the annual budget and work program; and
(5) If an annual budget becomes effective under
Section 8.1, but insufficient Cities approve and pay
assessments to fund the entire work program for
that budget year, then JAG has the authority to
assign priorities to various items in the work
program and to determine which items or portions
of items will be removed ITom the work program
for that budget year.
(vii) Adopt procedures for the conduct of JAG's meetings;
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(viii) Uniformly inform and consult with the Assembly and JOG for
contract disputes, operational policy issues, hiring and supervision
of staff, creation of the work program, creation of the budget,
revisions to the cost allocation formula to establish the annual
assessment set forth in Section 9 of this Agreement, disposition of
the Jail Property proceeds and any decisions regarding assessment
and planning for new misdemeanant secure facilities,
misdemeanant non-secure alternative facilities or programs;
(ix) Mediate disputes or issues presented to JAG by a City or Cities
regarding the interpretation of or otherwise arising out of this
Agreement, the Yakima Jail Contract, or the King County Jail
Contract. In the event that any City or Cities present a dispute to
JAG and JAG is unable to resolve the dispute in a manner
acceptable to the Cities involved, the Cities shall submit the
dispute to mediation prior to initiating any action in a court; and
(x) Conduct any and all other business allowed by applicable law and
necessary to carry out the purposes of this Agreement.
(c) Meeting:s. The JAG shall meet as often as it deems necessary, but not less
than quarterly. A quorum shall consist of a simple majority of the JAG's
members or alternates. Decisions will be made by consensus of all the JAG
members in attendance at a meeting. The JAG may seek a straw vote for
informational purposes only.
(d) Chaimerson. The JAG members shall select a chairperson and Vlce-
chairperson ITom among the JAG members to preside over JAG's meetings.
6.3 Jail Ooeration Group (JOG).
(a) Membership. Each City Member shall appoint one representative to be a
member of the JOG. The initial JOG member for each City shall be designated by
the City in the space provided below the City's signature on this Agreement.
(b) JOG Powers. The JOG shall advise the Assembly and JAG on operational
issues regarding the King County Jail Contract or the Yakima Jail Contract,
including without limitation, issues or disputes among the City Members related
to contract interpretation, contract disputes, inmate transportation, alternative and
community correction programs, coordination with the courts and law
enforcement, mental health, drug and alcohol treatment, alternative facilities
within or outside of King County, and any other related issues. The JOG shall
consult with JAG regarding recommendations for the annual budget, assessments,
and work program.
(c) Meetings. The JOG shall meet as often as it deems necessary, but not less
than quarterly. A quorum at any meeting of the JOG shall consist of a simple
majority of the JOG members. Decisions will be made by consensus of all the
JOG members in attendance at a meeting. The JOG may seek a straw vote for
informational purposes only.
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(d) Chaimerson. The JOG members shall select a chairperson and vice-
chairperson ITom among the JOG members to preside over JOG's meetings.
7. JAIL PROPERTY
7.1 Land Transfer. Pursuant to the terms of the King County Jail Contract and the
Land Transfer Agreement, King County will convey the Jail Property to the City of
Bellevue prior to July I, 2004. Bellevue will hold the Jail Property on behalf of all cities
in King County as third party beneficiaries. Bellevue shall act as the fiscal agent of the
cities for purposes of taking action with respect to the Jail Property. Any disposition of
the Jail Property shall also be consistent with the terms and provisions of Section 12 of
the King County Jail Contract, which provides in pertinent part as follows:
"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 ITom 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 Bel1evoe 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 the City of Bellevue, plus investment interest earned."
7.2 Expenses. The City of Bel1evue is authorized to sell the Jail Property for no
less than fair market value. Fair market value shall be determined by an MIA appraisal
commissioned by the City. The City of Bellevue is authorized to deduct ITom the gross
proceeds customary expenses necessary to dispose of the property and costs incurred to
perform due diligence studies necessary to exercise the option to take possession of the
property ITom the County including, but not limited to, tests inspections, survey,
appraisal, expenses resulting ITom any legal challenge, maintenance activities during the
time the City of Bellevue has possession of the property. The total deductions shall not
exceed five percent (5%) unless approved by the Assembly.
uIf the Jail Property is sold and Cities fail to meet the terms set out in Section 12 of the
King County Jail Contract referenced in Section 7.1 above regarding use of the proceeds,
Cities are responsible for their proportional share of the amount required to reimburse
Page 9
King County as referenced in that section. This responsibility will be met collectively by
requiring the fiscal agent to invest the sale proceeds in investment instruments that will
preserve the full value of the capital assets, assure liquidity for funding future
misdemeanant jail facilities and achieve the best rate of investment return. Until these
conditions can be met, the fiscal agent shall retain the sale proceeds in the State Local
Government Investment Pool.
8. FINANCE AND BUDGET
8.1 Budget. The budget year for jail administration and operations shall be January I
to December 31 of any year. On or before July 1 st of each year, a recommended budget,
assessments, and work program for the next budget year shall be prepared by JAG,
reviewed and recommended by the Assembly, and transmitted to each City's legislative
body for approval or disapproval. Approval of the budget by a City's legislative body
shall obligate that City to pay the assessment budgeted for that City for the next budget
year; if a City's legislative body disapproves the budget that City shall not be obligated to
pay the assessment budgeted for that City for the next budget year. An annual budget,
including assessments, and work program shall not become effective unless the annual
budget is approved by the legislative bodies of Cities representing sixty percent (60%) of
the total residential population of all City Members. If an annual budget becomes
effective under this Section, but insufficient Cities approve and pay assessments to fund
the entire work program for that budget year, then JAG has the authority to assign
priorities to the various items in the work program and to determine which items or
portions of items will be removed ITom the work program for that budget year.
For budget year 2004, the Cities shall make a good faith effort to accomplish the budget,
assessment, and work program approval process by December 31,2003. In the event that
the Cities are unable to complete the process by that date, the Cities agree that the
assessments for the year 2004 shall be as stated in Exhibit A to this Agreement, and the
budget and work program approval for the year 2004 shall be completed by March 31,
2004 and shall be consistent with the assessments stated in Exhibit A.
8.2 Authoritv. The JAG, acting through its chairperson, and consistent with the
budget, assessments, and work program approved by the City Members, is authorized to
(1) apply for loans or grants in order to accomplish the purposes of this Agreement
consistent with Chapter 39.34 RCW, (2) seek and negotiate partnerships with public and
private corporations or entities as allowed by law, and (3) approve expenditures and
direct the Fiscal Agent to make payments. The Fiscal Agent is empowered to receive all
annual assessments received ITom the Cities and to make disbursements as approved by
the JAG chairperson. If grants or other unbudgeted funds become available, budget
amendments will be referred to the Assembly for its review and recommendations to City
Members.
8.3 Fiscal Agent. The City of Tukwila shall act as the Assembly's initial Fiscal
Agent pursuant to RCW 39.34.030 until the Assembly approves another Fiscal Agent.
8.4 Intergovernmental Cooperation. The Assembly and JAG will cooperate with
state, county, and other local agencies to maximize use of any grant funds or other
Page 10
resources and enhance the effectiveness of the programs and projects created or
implemented pursuant to this Agreement.
9. ANNUAL ASSESSMENT
Funding for the activities under this Agreement shall be provided solely through the
budget process described in Section 8 and collection of the annual assessment described
in this Section 9. No separate dues or assessments shall be imposed or required of the
Cities except upon unanimous vote of all of the Cities. The annual assessment shall be
paid to the Fiscal Agent on a quarterly basis at the beginning of each quarter. Each City
shall be assessed an annual assessment fee equal to Two Hundred and Fifty Dollars and
No/IOO ($250.00) or equal to its proportional share of the approved budget based upon
the following cost allocation formula, whichever is greater:
(i) 50% of the annual fee shall be based upon the percentage calculated by
dividing each City's residential population into the total residential
population of all City Members, multiplied by one-half of the total amount
of the annual budget; and
(ii) 50% of the annual fee shall be based upon the percentage calculated by
dividing a City's EADP into the actual total annual jail bed usage by the
Cities in the Yakima jail facilities, multiplied by one-half of the total
amount of the annual budget.
The cost allocation formula is expressed as follows:
(Citv's res. population)
(Total of all Cities' res. population) multiplied by (Yo oftotal annual budget)
plus
(Citv's EADP)
(Total Annual Jail Bed Usage of all Cities) multiplied by (Yo oftotal annual budget)
in Yakima County jail facilities)
equals
City's Total Annual Assessment
10. DEFICITS IN USAGE OF YAKIMA JAIL BEDS
Each City has generated an EADP. Attached hereto as Exhibit B, 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 Yakima Jail
Contract, the EADPs set forth in Exhibit B shall be used by the Cities to calculate the
proportionate share owed by any individual City to Yakima.
Page 11
Each City will be responsible for its bed commitment to Yakima. Only those Cities that
did not meet their EADPs and have unused bed commitment for the year will be
responsible for paying Yakima for such unused bed commitment.
However, if some cities exceed their EADP, their overage will be distributed as a credit
to the cities whose jail use was less than their EADPs. Each City's credit will be based
upon its percentage share of the total EADP.
A City whose actual jail use equals or exceeds its EADP win pay Yakima an amount
equal to its actual jail use. A City whose actual jail use is less than its EADP will pay
Yakima an amount based on its EADP less the credit as described in this section.
For purposes of this section, "credit" shan mean the product resulting ITom multiplying
the (Beds in excess of Cities' EADP) by the quotient obtained by dividing the (EADP of
a City with Unused Bed Commitment) by the (Sum of EADPs of an Cities with Unused
Bed Commitment.) The calculation of a City's credit is expressed in the formula below:
City Credit ~ (Sum of amount over tbe EADP X (EADP of a City wfUnused Bed Commitment)
of All Cities Which Exceed Their EADPs) (Sum of EADPs of Cities wfUnused Beds)
For a City whose actual jail use was less than its EADP, its "credit" win be subtracted
ITom the number of unused city beds. The difference is the amount that shan be paid to
Yakima as expressed in the formulas below:
City's unused beds = City's EADP - City's actual bed use
Amount owed to Yakima = City's unused beds - city credit
Exhibit C, attached hereto and incorporated by this reference, provides an example of a
hypothetical application ofthis formula.
11. SURPLUS USAGE OF YAKIMA JAIL BEDS
The Cities acknowledge that the Yakima Jail Contract does not require each City to
maintain a jail usage equal to that City's EADP. Overused Bed Commitment by one City
may inure to the benefit of the other Cities. However, Overused Bed Commitment in
excess of five percent (5%) may create a hardship for the other Cities. Therefore, prior to
usage in excess of five percent (5%) of its EADP, a City must obtain consent ITom
another City or Cities to use a portion of the other City's or Cities' EADP.
12. NEW MEMBERS
Any city or town may become a member to this Agreement so long as such city or town
has entered into contracts for jail services with King County or Yakima County, executes
an Addendum to this Agreement agreeing to comply with the terms and provisions of this
Agreement, as now existing or hereafter amended, and obtains approval of the current
budget by its legislative body. The Assembly shall determine what, if any, funding
obligations such additional member city shall pay as a condition of becoming a member
city to this Agreement.
Page 12
13. MAILING ADDRESSES
All notices and correspondence to the respective parties to this Agreement shall be sent to
the City Manager or Mayor for each City. All notices and correspondence to the
Assembly shall be sent to the office ofthe Fiscal Agent.
14. INSURANCE
14.1 Evidence of Insurance Coverage. Each City agrees to provide the other Cities
with evidence of insurance coverage, in the form of a certificate of insurance ITom a
solvent insurance provider and/or a letter confirming coverage ITom a solvent insurance
pool or self-insurance program which is sufficient to address the insurance and
indemnification obligations set forth in this Agreement.
14.2 Minimum Liability Limits. 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; except that insurance on a "claims made" basis may be acceptable
with prior approval ITom JAG. If coverage is approved and purchased on a "claims
made" basis, the City Member providing such insurance warrants continuation of
coverage through policy renewals or the purchase of a tail, and/or conversion ITom a
"claims made" form to an "occurrence" coverage form.
15. 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, its officers, agents and employees, in connection with this
Agreement.
The Cities hereby waive, as to each other only, their immunity ITom 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.
16. GENERAL PROVISIONS
16.1 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 authorized by the legislative bodies of
all of the Cities and signed by all of the Cities.
Page 13
16.2 Any provision that is declared invalid or illegal shall in no way affect or
invalidate any other provision.
16.3 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.
16.4 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.
16.5 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 and to a mediator consistent with this Interlocal
Agreement shall be conditions precedent to the commencement of any judicial process to
enforce the terms ofthis Agreement.
16.6 This Agreement may be executed in any number of counterparts.
16.7 The laws of the State of Washington shall govern this Agreement.
16.8 This Agreement shall be recorded with the King County Department of Records.
THIS AGREEMENT has been executed by the undersigned Cities and shall be dated
effective November 1, 2003.
CITY OF ALGONA, W A
Approved as to Form:
By:
Glenn Wilson, Mayor
George Kelley, Algona City Attorney
Initial Assembly Member:
Initial JOG Member:
CITYOF~
By: ~ ~~
Peter B. Lewis, Mayor
Initial Assembly Member: Peter B. Lewis
~
~
Initial JOG Member: Chief Jim Kelly
TOWN OF BEAUX ARTS VILLAGE, W A
Approved as to Form:
By:
Charles R. Lowry, Mayor
Wayne Stewart, Town Attorney
Initial Assembly Member:
Initial JOG Member:
Page 14
CITY OF BELLEVUE, W A Approved as to Form:
By:
Steve Sarkozy, City Manager Richard L. Andrews, Bellevue City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF BLACK DIAMOND, W A Approved as to Form:
By:
Howard Botts, Mayor Loren D. Combs, City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF BOTHELL, W A Approved as to Form:
By:
Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF BURIEN, W A Approved as to Form:
By:
Gary P. Long, City Manager Lisa Marshall, Burien City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF CARNATION, W A Approved as to Form:
By:
Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF CLYDE HILL, WA Approved as to Form:
By:
George S. Martin, Mayor Clyde Hill City Attorney
Initial Assembly Member:
Initial JOG Member:
Page 15
CITY OF COVINGTON, W A Approved as to Form:
By:
Andrew D. Dempsey, City Manager Duncan C. Wilson, Covington City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF DES MOINES, W A Approved as to Form:
By
Tony Piasecki, City Manager Des Moines City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF DUVALL, W A Approved as to Form:
By:
Becky Nixon, Mayor Bruce Disend, Duvall City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF ENUMCLA W, W A Approved as to Form:
By:
John Wise, Mayor Michael J. Reynolds, Enumclaw City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF FEDERAL WAY, WA Approved as to Form:
By: By:
David H. Moseley, City Manager Patricia A. Richardson
Federal Way City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF HUNTS POINT Approved as to Form:
By: By:
Fred McConkey, Mayor Hunts Point City Attorney
Initial Assembly Member:
Initial JOG Member:
Page 16
CITY OF ISSAQUAH, WA Approved as to Form:
By: By:
Ava Frisinger, Mayor Wayne D. Tanaka
Issaquah City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF KENMORE, W A Approved as to Form:
By:
Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF KENT, WA Approved as to Form:
By:
Jim White, Mayor Tom, Brubaker, Kent City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF KIRKLAND, W A Approved as to Form:
By:
David H. Ramsay, City Manager Gail Gorud, Kirkland City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF LAKE FOREST PARK, W A Approved as to Form:
By:
David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park
City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF MAPLE VALLEY, W A Approved as to Form:
By:
John F. Starbard, City Manager Lisa Marshall, Maple Valley City Attorney
Initial Assembly Member:
Initial JOG Member:
Page 17
CITY OF MEDINA, W A Approved as to Form:
By:
Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF MERCER ISLAND, W A Approved as to Form:
By:
Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF MILTON Approved as to Form:
By: By:
Katrina Asay, Mayor Milton City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NEWCASTLE, W A Approved as to Form:
By:
Aodrew J. Takata, City Manager Dawn Findlay, Newcastle City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NORMANDY PARK, W A Approved as to Form:
By:
Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park
City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF NORTH BEND, WA Approved as to Form:
By:
Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney
Initial Assembly Member:
Initial JOG Member:
Page 18
CITY OF PACIFIC, W A Approved as to Form:
By:
Howard Erickson, Mayor Bruce Disend, Pacific City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF REDMOND, W A Approved as to Form:
By:
Rosemarie Ives, Mayor James E. Haney, Redmond City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF RENTON, W A Approved as to Form:
By:
Jesse Tanner, Mayor Lawrence J. Warren, Renton City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SAMMAMISH, W A Approved as to Form:
By
Ben yazici, City Manager Bruce Disend, Sarnmamish City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SEATAC, WA Approved as to Form:
By:
Bruce A. Rayburn, City Manager Robert L. McAdams, SeaTac City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SEATTLE, W A Approved as to Form:
By:
Gregory J. Nickels, Mayor Thomas A. Carr, Seattle City Attorney
Initial Assembly Member:
Initial JOG Member:
Page 19
CITY OF SHORELINE, W A Approved as to Form:
By:
Steven C. Burkett, City Manager Ian Sievers, Shoreline City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SKYKOMISH, W A Approved as to Form:
By:
Skip Mackner, Mayor Jefrrey Ganson, Skykomish City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF SNOQUALMIE, W A Approved as to Form:
By:
Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF TUKWILA, W A Approved as to Form:
By:
Steve Mul1et, Mayor Robert F. Noe, City Attorney
Initial Assembly Member:
Initial JOG Member:
CITY OF WOODINVILLE, W A Approved as to Form:
By:
Pete Rose, City Manager Jefrrey L. Taraday, Woodinville City Attorney
Initial Assembly Member:
Initial JOG Member:
TOWN OF YARROW POINT, WA Approved as to Form:
By:
Jeanne R. Berry, Mayor Wayoe Stewart, Yarrow Point Town Attorney
Initial Assembly Member:
Initial JOG Member:
Page 20
EXHIBIT A
2004 ANNUAL COST PER CITY FOR THE JAIL ADMINISTRATIVE GROUP (JAG)
Yakima
Estimated 2002 Average of city pop. & jail
Bed Population beds; $250 minimum
Commitment
Total 440.1 1,327,706 $88,000
Auburn 88.5 43,970 11.9% $10,056
Bellevue 27.0 117,000 7.6% $6,462
Bothell 2.0 16,264 0.9% $728
Burien 4.0 31,810 1.7% $1 ,432
Covington 2.4 14,395 0.8% $705
Des Moines 17.0 29,510 3.1% $2,622
Federal Way 29.0 83,850 6.6% $5,571
Issaquah 2.0 13,790 0.8% $647
Kenmore 3.0 19,180 1.1% $921
Kirkland 12.5 45,790 3.2% $2,717
Lake Forest Park 2.5 12,860 0.8% $665
Maple Valley 15,040 0.6% $493
Mercer Island 4.0 21,955 1.3% $1,109
Newcastle 8,205 0.3% $269
North Bend 2.0 4,735 0.4% $350
Redmond 20.0 46,040 4.1% $3,456
Renton 27.0 53,840 5.2% $4,393
Sammamish 1.5 34,660 1.5% $1,282
SeaTac 4.1 25,320 1.5% $1,229
Seattle 155.0 570,802 40.0% $33,793
Shoreline 18.0 53,250 4.1% $3,497
Tukwila 11.0 17,270 1.9% $1,637
Wood i nville 1.5 9,830 0.6% $468
Algona 3.0 2,525 0.4% $250
Beaux Arts Village 295 $250
Black Diamond 4,015 $250
Carnation 0.0 1,905 $250
Clyde Hill 0.0 2,895 $250
Duvall 1.0 5,190 $250
Hunt's Point 455 $250
Medina 0.7 3,010 $250
Milton 815 $250
Normandy Park 0.4 6,395 $250
Pacific 5,405 $250
Skykomish 215 $250
Snoqualmie 1.0 4,210 $250
Yarrow Point 1,010 $250
Estimated Annual Cost (salary/benefits) for JAG staff position = $88,000
Page 21
EXHIBIT B
TO INTERLOCAL AGREEMENT BETWEEN
THE CITIES CONTRACTING WITH YAKIMA
City or Town 2003 EADP
Algona 3.0
~~m M~
Beaux Arts Village 0.0
Bellevue 27.0
Black Diamond 0.0
Bothell 2.0
Burien 4.0
Camation 0.0
Clyde Hill 0.0
Covington 2.4
Des Moines 17.0
Duvall 1.0
Federal Way 29.0
Issaquah 2.0
Kenmore 3.0
Kirkland 12.5
Lake Forest Park 2.5
Maple Valley 0.0
Medina 0.7
Mercer Island 4.0
Newcastle 0.0
Normandy Park 0.4
North Bend 2.0
Pacific 0.0
Redmond 20.0
Renton 27.0
Sammamish 1.5
SeaTac 4.1
Seattle 155.0
Shoreline 18.0
Skykomish 0.0
Snoqualmie 1.0
Tukwila 11.0
Woodinville 1.5
Yarrow Point 0.0
TOTAL 440.1
Page 22
EXHIBIT C
TO INTERLOCAL AGREEMENT FOR JAIL ADMINISTRATION
Hypothetical Example - formulas for distributing unused bed capacity at Yakima
Scenario: 3 cities contract with Yakima for a minimum of 130 beds. The cities are under their collective commitment
by 20 beds; 2 cities are under and 1 city is over its bed commitment.
Total Bed Commitment Actual Unused
Contract Cities (EADP) Bed Use Beds
City A 80 70 (10)
CityB 40 25 (15)
CilvC 10 15 5
Total 130 110 (20)
Amount OWed to Yakima Under Fonnula Stated in Section 10 of
this Agreement
Each city pays for its unused beds but then receives a credit based on its
% share of the total bed commitment. For example. City C exceeded its bed commitment by 5 beds.
City A's share of this 5 bed overage (aka the "credit") is calculated by taking City A's % share of the total bed
commitment (67%) times the overage of 5 beds = a credit of 3.3 beds. City C owes Yakima for 76.7 beds
(EADP of 80 beds less the credit of 3.3 beds).
Amount
Cities with Unused Bed Total Bed Commitment % Share Actual Unused Owed to
Commitment (EADP) (EADP) Bed Use Beds Credit Yakima
City A 80 67% 70 + 10 - 3.3 ; 76.7
Cilv B 40 33% 25 + 15 - 1.7 ; 38.3
Subtotal 120 100% 95 + 25 . 5.0 ; 115.0
CilvC 10 15 + 0 - 0 ; 15
Total 130 110 + 25 - 5 ; 130
Page 23
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SECOND AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, W ASHNGTON AND
THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE,
BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE
HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH,
KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA,
MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC,
REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE,
SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE, AND TOWN OF
YARROW POINT, WASHINGTON FOR THE HOUSING OF INMATES BY
YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY
THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE
HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF
CORRECTIONS AND SECURITY ("Second Amendment") is entered into this _
day of _,2004 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, Sarnmarnish, SeaTac, Seattle, Shoreline, Skykornish, Snoqualmie,
Tukwila, Woodinville and Town of Yarrow Point, Washington ("Cities"), and Yakima
County, Washington ("Yakima County").
Whereas, Yakima County and the Cities above named have entered into an Interlocal
Agreement for housing of City inmates by Yakima County on August 27, 2002
(Agreement); and
Whereas Yakima County and the Cities entered into an addendum to the Interlocal
Agreement for Housing of Inmates by Yakima County effective October 31, 2002
(Addendum) and
Whereas, the parties desire to amend the Agreement and Addendum to further clarifY the
responsibilities of the respective parties;
NOW THEREFORE, the Parties agree as follows:
I. Section 3 of the Addendum is amended in its entirety as follows:
DURATION: The term ofthis 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 the Agreement. Yakima County agrees to extend the Agreement, as
amended, for an additional two years if mutually agreeable to Yakima County and the
Cities and the Cities notifY Yakima County at least 18 months prior to December 31,
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2010. Thereafter, this Agreement may be renewed for any successive period by written
addendum under terms and conditions acceptable to all of the parties.
2. Section 7c ofthe Agreement is amended in its entirety as follows:
(c) Billing and Payment. Yakima County shall provide each of the Cities with individual
monthly statements itemizing the names of each City Inmate who is receiving care rrom
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 rrom the Yakima County jail facilities. Yakima County shall pro-rate the Bed
Maintenance Fee and the Medical Premium (hereinafter "Daily Fee") of any City Inmate
that has multiple charges among the Cities by dividing the Daily Fee pro-rata among
those Cities with such multiple charges. Each City's individual monthly statement shall
also include a statement showing the number of bed days used by all other Cities. Yakima
County agrees to provide said statement for each month on or about the 10th day of the
following month. Payment shall be due to Yakima County within thirty (30) days rrom
the date the statement is received. Payments not received by the 30th day shall bear
interest at the rate of I % per month until payment is received.
2. A new Section 7d ofthe Agreement is added as follows:
a. Reconciliation: Effective October 1, 2003, Yakima will bill each city quarterly for
unused beds (the difference between the City's minimum daily bed commitment as
provided in Attachment A to this Second Addendum and the City's actual Average Daily
Population (ADP) for the quarter). The rate for the unused beds will be the Bed
Maintenance Fee as provided in Section 6 (a) of this Second Amendment below, except a
portion of the unused beds shall be charged at the Reduced Rate Fee. The number of
each city's unused beds that will be charged at the Reduced Rate Fee are as provided in
Attachment B (Unused Bed Allocation Chart created by the Cities).
Yakima County will annually reconcile each City's unused beds (the difference between
the City's Minimum Bed Commitment and the City's actual ADP per quarter) on a
calendar year basis. Through the annual reconciliation process, Yakima will provide
credits in the fourth quarter bill to each city to the extent that the actual annual ADP paid
exceeds the City's Minimum Bed Commitment up to the fee paid by said city per quarter
for unused beds. lfa City's annual ADP exceeds the annual minimum daily bed
commitment ( hereinafter "net overage") Yakima County will allocate the total net
overage as a credit on a pro rata basis to those Cities whose annual ADP did not meet
their annual minimum daily bed commitment. If a City did not fully use their share of the
Reduced Rate Fee beds as specified in Attachment B, those beds will be allocated on a
pro rata basis to Cities that did not meet their Minimum Bed Commitment. The Cities
will provide Yakima County with the appropriate allocation to each city of credits and
division of the annual reconciliation bill for unused beds based on separate agreement
among the Cities. Attachment C shows a method for this annual reconciliation.
Reconciliation payments, both quarterly and annual will be due 30 days rrom billing date.
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There will be no interest payments charged on any 2003 or 2004 Reconciliation bills
issued prior to the effective date of this agreement.
b. 2003 Reconciliation:
The 2003 reconciliation will be based on Section 7 (d) and Section 6 (a) of this Second
Amendment. Under this agreement, Cities will pay $568,39lto Yakima for the fourth
quarter 2003 reconciliation pursuant to Cities AUocation Agreement. (Attachment C
shows the method for the payment by individual cities of the unused beds for the 2003
Reconciliation). There will be no interest payments charged on the 2003 Reconciliation.
Section 6 of the Addendum is hereby amended in its entirety to provide as follows:
a. Daily Fee. In consideration of Yakima County's commitment to provide care for City
Inmates, the Cities agree to pay Yakima County fees for the housing and care of each
City Inmate, as provided in this Amendment as follows:
Year Bed Medical Reduced Rate Fee
Maintenance Premium
Fee
2002 $51.00 $5.00
2003 $53.55 $5,25 $27.75
2004 $56.23 $5.51 $27.75
2005 $59.04 $5.79 $28.45
2006 $61.99 $6.08 $29.19
2007 $65.09 $6.38 $29.96
2008 $68.34 $6.70 $30.77
2009 $71.76 $7.04 $31.62
2010 $75.35 $7.39 $32.51
1. Yakima County shaU not charge a booking fee or any other fees in
connection with the care of City Inmates except as specifically
provided in the Interlocal Agreement between Yakima County and
Cities, as amended.
2. Effective October 1, 2003, the Cities shall pay the Bed Maintenance
Fee set forth in Paragraph 2 above on 340 beds, even if they are unused
and for all inmates exceeding the 340 bed Cities Inmate population.
3. Effective October 1, 2003, the Cities shall pay the Reduced Rate Fee in
Paragraph 2 above for each unused bed exceeding 340 up to a
maximum of the 440 bed commitment. Provided however, that
payment for unused beds exceeding 340 shall not be required for any
period of time when the total Yakima County jail population (including
aU contract inmates) exceeds 1,500 inmates (90% of Yakima County's
total capacity of 1667). At such time, Yakima shaU not charge Cities
for unused beds. Yakima County shall use the Reduced Rate Fees
solely for debt service payments and operational costs related to
Yakima County Department of Corrections and Security.
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4. Medical Premium:
A. Yakima County shall pay for all medical, dental and psychiatric
(including therapeutic) costs as authorized in this Addendum of the
City's Inmates in exchange for the above listed Medical Premium.
B. Effective October 1, 2003, Cities will pay the Medical Premium per
City Inmate only on used beds. The Medical Premium shall not be
paid on unused beds.
C. Yakima County shall be permitted to use the Medical Premiums for
psychiatric services including in-custody therapeutic services which 1)
are court ordered, and/or 2) a) meet a Diagnostic Statistical Manual IV
Diagoosis, and b) are deemed medically necessary by a Mental Health
Professional and c) for which the inmate agrees to treatment. Medical
Premiums shall not be used for psychiatric services which do not meet
the conditions above except where such services are approved by the
City in writing prior to the service being rendered.
D. .Yakima County shall provide monthly reports with its billing
statement describing its medical, psychiatric, and dental account
balance(s) and payments made rrom each such account, including
provider name, inmate name, name of City being charged for such
inmate, dollar amount paid, and description of medical, psychiatric or
dental service provided. Yakima County will provide detailed
information regarding the description and total cost of therapeutic
services and the approximate proportionate share of use of the services
consumed by Cities inmates. In-custody therapeutic costs for Cities
will be calculated by applying the percentage of the Cities' inmates
proportionate share of use of the services provided by Yakima
County's behavioral health service provider, which is currently Central
Washington Comprehensive Mental Health, to the actual cost of the
total contract for Yakima County's behavioral health service provider.
E. Each quarter Yakima County shall send to the Cities an accounting of
the Medical Premium Fund.
F. In the event Yakima County's actual authorized medical, psychiatric,
and dental costs for a quarter exceed the funds available in the Medical
Premium fund at the close of the quarter, the Cities agree to
compensate Yakima County for all said costs exceeding the funds
available at the end of the quarter within 30 days following receipt of
said medical billing.
G. Upon the effective date of this Second Amendment, Yakima shall have
and shall maintain a Pharmacy Agreement.
H. An ongoing review process will be established between Yakima and
the Cities to address concerns about accountability for costs and
services.
C:\Documents and Settings\tbothel\Local Settings\Temponuy Internet Files\OLKl CF\ Yakima jail contract draft 90704.doc
Attachment B
Last saved by David Cline 9/20/2004 2:08 PM
Attachment A
Minimum Daily Bed Commitment by City
Yakima
Citv Commitment
Algona 3.0
Au burn 88.5
Bellevue 27.0
Bothell 2.0
Burien 4.0
Covington 2.4
Des Moines 17.0
Duvall 1.0
Federal Way 29.0
issaquah 2.0
Kenmore 3.0
Kirkland 12.5
Lake Forest Park 2.5
Medina 0.7
Mercer Island 4.0
Normandy Park 0.4
North Bend 2.0
Redmond 20.0
Renton 27.0
Sammamish 1.5
SeaTac 4.1
Seattle 155.0
Shoreline 18.0
Snoqualmie 1.0
Tukwila 11.0
Woodinville 1.5
Total 440.1
C:\Documents and Settings\tbothel\Local Settings\Temporaty Internet Files\OLKlCfìYakimajail contract draft 90704.doc
Attachment B
- -- - - -
Last saved by David Cline 9120/2004 2:08 PM
Attachment B
Initial Allocation of 100 Reduced Rate Beds
Initial
Yakima % 100 Bed
Agencies Commitment Share Distribution
Algona 3.0 0.7% 0.7
Auburn 88.5 20.1% 20.1
Bellevue 27.0 6.1% 6.1
Bothell 2.0 0.5% 0.5
Burien 4.0 0.9% 0.9
Covington 2.4 0.5% 0.5
Des Moines 17.0 3.9% 3.9
Duvall 1.0 0.2% 0.2
Federal Way 29.0 6.6% 6.6
Issaquah 2.0 0.5% 0.5
Kenmore 3.0 0.7% 0.7
Kirkland 12.5 2.8% 2.8
Lake Forest Park 2.5 0.6% 0.6
Medina 0.7 0.2% 0.2
Mercer Island 4.0 0.9% 0.9
Newcastle 0.0 0.0% 0.0
Normandy Park 0.4 0.1% 0.1
North Bend 2.0 0.5% 0.5
Redmond 20.0 4.5% 4.5
Renton 27.0 6.1% 6.1
Sammamish 1.5 0.3% 0.3
SeaTac 4.1 0.9% 0.9
Seattle 155.0 35.2% 35.2
Shoreline 18.0 4.1% 4.1
Snoqualmie 1.0 0.2% 0.2
Tukwila 11.0 2.5% 2.5
Woodinville 1.5 0.3% 0.3
Total 440.1 100.0% 100.0
Note: as part of the annual reconciliation, reduced rate beds initially allocated to cities
that only need part or none of their share will be reallocated to the remaining cities.
C:\Documents and Settings\tbothel\Local Settings\Temporary Internet Files\OLKI CfìYakima jail contract drnft 90704.doc
Attachment B
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