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HomeMy WebLinkAbout4185RESOLUTION N0.41 8 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN, KING COUNTY CITIES AND YAKIMA COUNTY FOR INMATE HOUSING 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 a significantly decreased availability of jail space at the King County Jail; and WHEREAS, the limitation of space at the King County Jail has forced 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 Council heretofore approved agreements through various resolutions, including Resolution No. 3470, passed on May 20, 2002, Resolution Resolution No. 4185 May 7, 2007 Page 1 of 3 No. 3736, passed on September 20, 2004, and Resolution No. 3786, passed on December 6, 2004; and WHEREAS, these resolutions authorized the Mayor to execute agreements for jail administration and services, among the same parties, which agreements were later held in suspension because of unresolved issues and concerns identified by the contracting cities, including Auburn; and WHEREAS, these concerns resulted in some of the contracting cities, including the City of Auburn, to file claims under Chapter 4.96 RCW against Yakima County for performance related issues; and WHEREAS, in response to the claims, Yakima County sought to address and correct the concerns and engaged a consultant, William Collins, who issued a report that documents significant improvements in the areas of the concerns and the subject matter of the claims; and WHEREAS, the City of Auburn and its partnering cities sought to resolve their differences with Yakima County and continue to be parties to the original jail services agreements, with certain commitments as set forth in the agreement to Settle and Release Claims and Withdraw Terminations Related to Agreement to House Inmates. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute the Agreement to Settle and Release Claims and Withdraw Terminations Related to Agreement to House Inmates between the City Resolution No. 4185 May 7, 2007 Page 2 of 3 of Auburn, King County cities and Yakima County, which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this / day ofC-~~. , 2007 AUBU - , --_ ~-- P ER B. LEWIS MAYOR ATTEST: Da 'Ile E. Daskam, City Clerk Resolution No. 4185 May 7, 2007 Page 3 of 3 AGREEMENT TO SETTLE AND RELEASE CLAIMS AND WITHDRAW TERMINATIONS RELATED TO AGREEMENT TO HOUSE INMATES This Agreement to Settle and Release Claims and Withdraw Terminations Related to Agreement to House Inmates ("Settlement Agreement") is between Yakima County and the Cities that execute this Settlement Agreement ("Settling Cities"). RECITALS A. WHEREAS, Yakima County and 35 King County cities (the "Cities") have entered into an Interlocal Agreement and addenda and amendments thereto (collectively, the "Agreement"), for the Yakima County Department of Corrections (YCDOC) to house the Cities' misdemeanor inmates; and B. WHEREAS, the Cities have formed a Jail Advisory Group (JAG) and a Jail Operations Group (JOG) to facilitate the Cities' administration of the Agreement; and C. WHEREAS, the Cities of Seattle and Renton (Terminating Cities) are also parties to the Agreement, the JAG and the JOG; and D. WHEREAS, the Agreement calls for the construction, completion and operation of a New Jail Facility; and E. WHEREAS, a dispute arose between Settling Cities and Terminating Cities and Yakima County regarding the opening of the New Jail Facility and other operational concerns raised in a 2005 report by consultant William C. Collins (Consultant) to the Cities; and F. WHEREAS, on September 27, 2006, the Cities of Auburn, Bellevue, Des Moines, Federal Way, Kirkland, Lake Forest Park, Mercer Island, Redmond, Seattle, Shoreline, Snoqualmie, Tukwila, ("Claimants') filed a claim under chapter 4.96 RCW ("Claim') against Yakima County related to the dispute; and G. WHEREAS, Renton on August 22, 2006, and, Seattle on December 8, 2006, gave Yakima County notice of their intent to terminate their Interlocal Agreements with Yakima County, and these two cities represent 182 of the 440 bed commitment under the Agreement; and H. WHEREAS, the Cities of Auburn, Des Moines, and Snoqualmie ("Settling Terminating Cities') also gave Yakima County notice of their intent to terminate their Interlocal Agreements with Yakima County, and I. WHEREAS, in January 2007, subsequent to the various cities' claims and notices of intent to terminate the Agreement, Consultant William Collins issued a report that documents significant improvements in inmate safety and medical care made by YCDOC during 2005 and 2006, and that YCDOC is committed to continued improvement in jail operations, including direct and modified direct inmate supervision; and 1 J. WHEREAS, Yakima County irrevocably intends to open and operate the New Jail Facility for the term of the Agreement; and K. WHEREAS, Yakima County opened 2 of the 4 pods of the New Jail Facility, also known as the Justice Center, on February 27, 2007, and is doing all things necessary and appropriate to fully open and operate the Justice Center by December 31, 2007, and L. WHEREAS, the Settling Cities recognize that full opening and safe operation of the New Jail Facility involve unpredictable factors that are beyond Yakima County's control including availability of good candidates to be hired to serve as corrections officers and support staff as well as retirement, resignation, and/or termination of existing corrections officers and staff; and M. WHEREAS, under the Section 4 of the Agreement, the Minimum Bed Commitment of the Settling Cities is reduced by the ADP attributable to any city that terminates the Agreement; and N. WHEREAS, Yakima does not seek to require Settling Cities to pay any amounts that, under the Agreement, are the responsibility of any terminating city, and O. WHEREAS, Yakima County and the Settling Cities wish to resolve their differences and continue to be parties to the Agreement with the following commitments; and P. WHEREAS, this Settlement Agreement is intended to clarify but not to change terms of the Agreement, NOW, THEREFORE, in consideration of the mutual benefits to be derived, Yakima and the Settling Cities agree as follows: AGREEMENT 1. Opening and Operation of New Jail Facility. A. Yakima County irrevocably intends to open and operate the New Jail Facility for the term of the Agreement. Therefore, Yakima County shall do everything reasonably within its control to open the 3rd and 4~ pods of the New Jail Facility on or before December 31, 2007, and to fully operate the New Jail Facility for the term of the Agreement. B. Circumstances reasonably beyond the control of Yakima County that prevent safe opening and/or operation of the New Jail Facility shall excuse Yakima County from opening a114 pods of the New Jail Facility on or before December 31, 2007, and/or from subsequently operating the New Jail Facility for the term of the Agreement. Such circumstances include, without limitation, availability of good candidates to be hired as corrections officers and support staff as well as retirement, resignation, and/or termination of existing corrections officers and staff. Provided however, "circumstances' shall not include decisions, acts or omissions arising or resulting in whole or in part from budgetary or financial considerations or circumstances, or termination by any King County city of its Inmate Housing Agreement with Yakima County. 2 C. If, due to circumstances reasonably beyond the control of Yakima County, a114 pods of the New Jail Facility are not open and operating by December 31, 2007, and/or for the term of the Agreement, Yakima County shall remain obligated to continue to do all things necessary and appropriate to fully open and operate the New Jail Facility as soon as possible after December 31, 2007, and to fully operate the New Jail Facility for the term of the Agreement. 2. Financial Responsibility of Settling Cities. A. The Minimum Bed Commitment of the Settling Cities and Settling Terminating Cities shall, pursuant to Section 4 of the Agreement, be reduced by the ADP attributable to any city that terminates the Agreement. B. At no time shall Settling Cities be responsible to pay for another city's alleged or actual minimum bed commitment. 3. Release of Settling Cities' Claims and Withdrawal of Notice of Termination. A. Settling Cities release and forever discharge Yakima, its elected officials, officers, employees and agents from the Claims they filed against Yakima County on September 27, 2006, and from any known claims, damages, and/or causes of action for failing to open the New Jail Facility. B. Notwithstanding anything to the contrary, this release does not extend to: 1. Settling Cities' rights under Paragraph 16(b) of the Agreement, as amended, except as specifically released herein. 2. Claims by Settling Cities arising out of or resulting from Yakima's promises and/or obligations contained in this Settlement Agreement which are to be fulfilled in the future. C. The notices of termination of each of the Settling Terminating Cities are withdrawn with prejudice with respect to events prior to the date of the execution of this Settlement Agreement that are known to said Cities, except in the event Yakima County breaches Section 1 of this Settlement Agreement, such notices shall have the same effect they had on the day before the date of the execution of this Settlement Agreement. 4. Release of Yakima County Claims. Yakima County releases and forever discharges the Settling Cities, their elected officials, officers, employees and agents from any claims, damages and/or causes of action, including but not limited to defamation, slander, false light, negligent or intentional interference with business expectations, attorney's fees and cost, arising out of or resulting from Cities' September 27, 2006, Claim against Yakima County. 5. Operational Reporting: As further consideration for the promises and commitments made by the Settling Cities herein, Yakima County shall report the following information to the JAG: 3 A. Total daily population per jail facility, on a weekly basis (i.e. custody report); B. Number of city inmates housed in special housing, by category of special housing, on a weekly basis; C. Inmate assaults broken down by jail facility and floor area, on a monthly basis (i.e. report titled Assaults by Month, Location); D. Next business day reporting to affected city of Transport Referral Form with supporting documentation; and E. Inmate grievances, providing number of grievances by category, for total population, on a monthly basis. 'The JAG shall be responsible for forwarding all information provided under this section to the Cities. The frequency and nature of the requested reports may be changed by mutual agreement. 6. Inmate Housing Classification. A. Yakima County will maintain an inmate housing classification system, and will assist the JAG to understand classification issues that affect Cities' inmates' housing assignments. B. Yakima County will, consistent with Yakima County's operational necessity, provide Settling Cities reasonable advance notice of changes to the classification system to permit comment. 7. JAG Meetings. The YCDOC Director, or his/her designee, shall attend JAG meetings and report on any issues as requested. 8. Agreements with Other Cities If Yakima County enters into an agreement with, or otherwise permits, anon-settling city that is a current party to the Agreement to house its inmates at Yakima County on terms more favorable than those contained in the Agreement or in this Settlement Agreement, such more favorable terms shall apply to all Settling Cities. For purposes of this section, "terms more favorable "shall include any term or condition applicable to housing inmates, such as minimum bed commitment, bed rates or other financial obligations, termination, or commitments or conditions for opening and operating the New Jail Facility, that, compared to the Agreement or this Settlement Agreement, provides some benefit or reduces some burden to the non-settling city. 9. Effect on Interlocal Agreement. This Settlement Agreement is not intended to reduce the rights or obligations of Settling Cities and Yakima County contained in the Agreement except as it relates to the impacts of Terminating Cities as described above. The provisions of this Settlement 4 Agreement related to operational protocols are clarifications of the rights and obligations under the Agreement. 10. Advice of Counsel. The Settling Cities and Yakima County warrant that they are each represented by counsel or have the opportunity for said representation and that counsel, if any, have fully explained the provisions of this Settlement Agreement and that all parties have had an opportunity to participate in its drafting. 11. Non-admission. This Settlement is solely for the purpose of settling disputed claims and shall not be construed as an admission by Yakima or Settling Cities as an admission of any liability or wrongdoing. 12. Headings The Section headings in this Settlement Agreement are inserted for convenience only and are not intended to be used in the interpretation of the contents of the Sections they introduce. 13. Severability. If any of the provisions of this Settlement Agreement are held to be invalid or unenforceable, the remaining provisions shall nevertheless continue to be valid and enforceable. 14. Binding Effect on Signatories This Settlement Agreement shall be binding on Yakima County only after nine of the following cities: Auburn, Bellevue, Des Moines, Federal Way, Kirkland, Lake Forest Park, Mercer Island, Redmond, Shoreline, Snoqualmie, Tukwila, have executed this Settlement Agreement, and its effective date shall be the date the ninth of these cities executes this Settlement Agreement. Yakima County shall not delay executing the Settlement Agreement pending Settling Cities obtaining authorization from their legislative bodies to execute this Agreement. 15. Attorney's Fees and Costs. Any attorney's fees and/ or costs incurred by Settling Cities and/ or Yakima related to the disputes resolved by this Settlement Agreement shall be borne by the respective party who incurred said fees or costs. 16. Breach of Settlement Agreement. The prevailing party in any litigation brought to enforce this Settlement Agreement is entitled to reimbursement for its reasonable attorney's fees and all reasonable costs and expenses incurred in addition to any damages and equitable relief. 5 17. Governing Law This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Counterpart Copies This Settlement Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. YAKIMA COUNTY Date: Attest: Christina S. Steiner, Clerk of the Board Approved as to form: Deputy Prosecuting Attorney City of Auburn Date: Y ZO ~~ By: ~ City of Bellevue Date: Michael D. Leita, Chairman Ronald F. Gamache, Commissioner J. Rand Elliott, Commissioner CONSTITUTING THE BOARD OF COUNTY COMMISSIONERS FOR YAKIMA COUNTY, WASHINGTON Approved as to form: By: City Attorney 6 Date: By: City of Des Moines Approved as to form: City Attorney City of Federal Way Date: Approved as to form: sy: City Attorney City of Kirkland Date: Approved as to form: By: City Attorney City of Lake Forest Park Date: Approved as to form: By: City Attorney City of Mercer Island Date: Approved as to form: By: City Attorney City of Redmond Date: Approved as to form: By: City Attorney 7 City of Shoreline Date: By: City of Snoqualmie Date: By: City of Tukwila Date: By: City of Algona Date: By: Town of Beaux Arts Village Date: By: Approved as to form: City Attorney Approved as to form: City Attorney Approved as to form: City Attorney Approved as to form: City Attorney Approved as to form: City Attorney City of Black Diamond Date: By:_ Approved as to form: City Attorney 8 City of Bothell Date: By:_ City of Burien Date: By: City of Carnation Date: By: City of Clyde Hill Date: By: City of Covington Date: By: City of Duvall Date: By: Approved as to form: City Attorney Approved as to form: City Attorney Approved as to form: City Attorney Approved as to form: City Attorney Approved as to form: City Attorney Approved as to form: City Attorney 9 City of Issaquah Date: By:_ City of Kenmore Date: By: City of Maple Valley Date: By:_ Approved as to form: Approved as to form: City Attorney City Attorney Approved as to form: City Attorney City of Medina Date: By: City of Newcastle Date: By:_ City of Normandy Park Date: By: Approved as to form: Approved as to form: Approved as to form: City Attorney City Attorney City Attorney 10 City of North Bend Date: By: City of Pacific Date: By:_ City of Renton Date: By: City of Sammamish Date: By:_ Approved as to form: City Attorney Approved as to form: Approved as to form: City Attorney City Attorney Approved as to form: City Attorney City of SeaTac Date: By: Approved as to form: City Attorney 11 City of Seattle Date: By: Approved as to form City Attorney City of Skykomish Date: By: Approved as to form: City Attorney City of Woodinville Date: By: Approved as to form: City Attorney Town of Yarrow Point Date: Approved as to form: By: City Attorney 12 BOARD OF YAKIMA COUNTY COMMISSIONERS ~ District One ~ District Two ~ District Three Michael D. Leita Ronald F. Gamache Rand Elliott BOARD OF YAKIMA COUNTY COMMISSIONERS CERTIFICATION OF DOCUMENT rT,;n1r nF TuE BO",.RL ~?F Y4K_IM:? COUNTY COMMISSIONERS STATE OF WASHINGTON } } ss COUNTY OF YAKIMA } I, Christina S. Steiner, Clerk of the Board of Yakima County Commissioners, do hereby certify that the attached document, Agreement to Settle and Release claims and Withdraw Terminations Related to Agreement to House Inmates, dated May 15, 2007, is a true copy of the original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Yakima County this 22°d day of May 2007. `~µ~Ntu>ruNhq~t ~ ~i .~`~ o`` ~ ~ `NASHi ~ ~''-. ~- ~ " moo': ~ .~ <~r .~ y°ti, JI v e ~~., Christina S. Steiner, Clerk of the Board 128 North Second Street • Yakima, Washington 98901 509-574-1500 FAX: 509-574-1501 AGREEMENT TO SETTLE AND RELEASE CLAIMS AND WITHDRAW TERMINATIONS RELATED TO AGREEMENT TO HOUSE INMATES This Agreement to Settle and Release Claims and Withdraw Terminations Related to Agreement to House Inmates ("Settlement Agreement") is between Yakima County and the Cities that execute this Settlement Agreement ("Settling Cities'). RECITALS A. WHEREAS, Yakima County and 35 King County cities (the "Cities°) have entered into an Interlocal Agreement and addenda and amendments thereto (collectively, the "Agreement"), for the Yakima County Department of Corrections (YCDOC) to house the Cities' misdemeanor inmates; and B. WHEREAS, the Cities have formed a Jail Advisory Group QAG) and a Jail Operations Group (JOG) to facilitate the Cities' administration of the Agreement; and C. WHEREAS, the Cities of Seattle and Renton (Terminating Cities) are also parties to the Agreement, the JAG and the JOG; and D. WHEREAS, the Agreement calls for the construction, completion and operation of a New Jail Facility; and E. WHEREAS, a dispute arose between Settling Cities and Terminating Cities and Yakima County regarding the opening of the New Jail Facility and other operational concerns raised in a 2005 report by consultant William C. Collins (Consultant) to the Cities; and F. WHEREAS, on September 27, 2006, the Cities of Auburn, Bellevue, Des Moines, Federal Way, Kirkland, Lake Forest Park, Mercer Island, Redmond, Seattle, Shoreline, Snoqualmie, Tukwila, ("Claimants") filed a claim under chapter 4.96 RCW ("Claim") against Yakima County related to the dispute; and G. WHEREAS, Renton on August 22, 2006, and, Seattle on December 8, 2006, gave Yakima County notice of their intent to terminate their Interlocal Agreements with Yakima County, and these two cities represent 182 of the 440 bed commitment under the Agreement; and H. WHEREAS, the Cities of Auburn, Des Moines, and Snoqualmie ("Settling Terminating Cities") also gave Yakima County notice of their intent to terminate their Interlocal Agreements with Yakima County, and I. WHEREAS, in January 2007, subsequent to the various cities' claims and notices of intent to terminate the Agreement, Consultant William Collins issued a report that documents significant improvements in inmate safety and medical care made by YCDOC during 2005 and 2006, and that YCDOC is committed to continued improvement in jail operations, including direct and modified direct inmate supervision; and 1 J. WHEREAS, Yakima County irrevocably intends to open and operate the New Jail Facility for the term of the Agreement; and K. WHEREAS, Yakima County opened 2 of the 4 pods of the New Jail Facility, also known as the Justice Center, on February 27, 2007, and is doing all things necessary and appropriate to fully open and operate the Justice Center by December 31, 2007, and L. WHEREAS, the Settling Cities recognize that full opening and safe operation of the New Jail Facility involve unpredictable factors that are beyond Yakima County's control including availability of good candidates to be hired to serve as corrections officers and support staff as well as retirement, resignation, and/or termination of existing corrections officers and staff; and M. WHEREAS, under the Section 4 of the Agreement, the Minimum Bed Commitment of the Settling Cities is reduced by the ADP attributable to any city that terminates the Agreement; and N. WHEREAS, Yakima does not seek to require Settling Cities to pay any amounts that, under the Agreement, are the responsibility of any terminating city, and O. WHEREAS, Yakima County and the Settling Cities wish to resolve their differences and continue to be parties to the Agreement with the following commitments; and P. WHEREAS, this Settlement Agreement is intended to clarify but not to change terms of the Agreement, NOW, THEREFORE, in consideration of the mutual benefits to be derived, Yakima and the Settling Cities agree as follows: AGREEMENT 1. Opening and Operation of New Jail Facility. A. Yakima County irrevocably intends to open and operate the New Jail Facility for the term of the Agreement. Therefore, Yakima County shall do everything reasonably within its control to open the 3rd and 4~ pods of the New Jail Facility on or before December 31, 2007, and to fully operate the New Jail Facility for the term of the Agreement. B. Circumstances reasonably beyond the control of Yakima County that prevent safe opening and/ or operation of the New Jail Facility shall excuse Yakima County from opening a114 pods of the New Jail Facility on or before December 31, 2007, and/or from subsequently operating the New Jail Facility for the term of the Agreement. Such circumstances include, without limitation, availability of good candidates to be hired as corrections officers and support staff as well as retirement, resignation, and/ or termination of existing corrections officers and staff. Provided however, "circumstances" shall not include decisions, acts or omissions arising or resulting in whole or in part from budgetary or financial considerations or circumstances, or termination by any King County city of its Inmate Housing Agreement with Yakima County. 2 C. If, due to circumstances reasonably beyond the control of Yakima County, a114 pods of the New Jail Facility are not open and operating by December 31, 2007, and/or for the term of the Agreement, Yakima County shall remain obligated to continue to do all things necessary and appropriate to fully open and operate the New Jail Facility as soon as possible after December 31, 2007, and to fully operate the New Jail Facility for the term of the Agreement. 2. Financial Responsibility of Settling Cities. A. The Minimum Bed Commitment of the Settling Cities and Settling Terminating Cities shall, pursuant to Section 4 of the Agreement, be reduced by the ADP attributable to any city that terminates the Agreement. B. At no time shall Settling Cities be responsible to pay for another city's alleged or actual minimum bed commitment. 3. Release of Settling Cities' Claims and Withdrawal of Notice of Termination. A. Settling Cities release and forever discharge Yakima, its elected officials, officers, employees and agents from the Claims they filed against Yakima County on September 27, 2006, and from any known claims, damages, and/ or causes of action for failing to open the New Jail Facility. B. Notwithstanding anything to the contrary, this release does not extend to: 1. Settling Cities' rights under Paragraph 16(b) of the Agreement, as amended, except as specifically released herein. 2. Claims by Settling Cities arising out of or resulting from Yakima's promises and/ or obligations contained in this Settlement Agreement which are to be fulfilled in the future. C. T'he notices of termination of each of the Settling Terminating Cities are withdrawn with prejudice with respect to events prior to the date of the execution of this Settlement Agreement that are known to said Cities, except in the event Yakima County breaches Section 1 of this Settlement Agreement, such notices shall have the same effect they had on the day before the date of the execution of this Settlement Agreement. 4. Release of Yakima County Claims. Yakima County releases and forever discharges the Settling Cities, their elected officials, officers, employees and agents from any claims, damages and/ or causes of action, including but not limited to defamation, slander, false light, negligent or intentional interference with business expectations, attorney's fees and cost, arising out of or resulting from Cities' September 27, 2006, Claim against Yakima County. 5. Operational Reporting: As further consideration for the promises and commitments made by the Settling Cities herein, Yakima County shall report the follo~~ing information to the JAG: 3 A. Total daily population per jail facility, on a weekly basis (i.e. custody report); B. Number of city inmates housed in special housing, by category of special housing, on a weekly basis; C. Inmate assaults broken down by jail facility and floor area, on a monthly basis (i.e. report titled Assaults by Month, Location); D. Next business day reporting to affected city of Transport Referral Form with supporting documentation; and E. Inmate grievances, providing number of grievances by category, for total population, on a monthly basis. The JAG shall be responsible for forwarding all information provided under this section to the Cities. The frequency and nature of the requested reports may be changed by mutual agreement. 6. Inmate Housing Classification. A. Yakima County will maintain an inmate housing classification system, and will assist the JAG to understand classification issues that affect Cities' inmates' housing assignments. B. Yakima County will, consistent with Yakima County's operational necessity, provide Settling Cities reasonable advance notice of changes to the classification system to permit comment. 7. JAG Meetings. The YCDOC Director, or his/her designee, shall attend JAG meetings and report on any issues as requested. 8. Agreements with Other Cities If Yakima County enters into an agreement with, or otherwise permits, anon-settling city that is a current party to the Agreement to house its inmates at Yakima County on terms more favorable than those contained in the Agreement or in this Settlement Agreement, such more favorable terms shall apply to all Settling Cities. For purposes of this section, "terms more favorable "shall include any term or condition applicable to housing inmates, such as minimum bed commitment, bed rates or other financial obligations, termination, or commitments or conditions for opening and operating the New Jail Facility, that, compared to the Agreement or this Settlement Agreement, provides some benefit or reduces some burden to the non-settling city. 9. Effect on Interlocal Agreement. This Settlement Agreement is not intended to reduce the rights or obligations of Settling Cities and Yakima County contained in the Agreement except as it relates to the impacts of Terminating Cities as described above. The provisions of this Settlement 4 Agreement related to operational protocols are clarifications of the rights and obligations under the Agreement. 10. Advice of Counsel. The Settling Cities and Yakima County warrant that they are each represented by counsel or have the opportunity for said representation and that counsel, if any, have fully explained the provisions of this Settlement Agreement and that all parties have had an opportunity to participate in its drafting. 11. Non-admission. This Settlement is solely for the purpose of settling disputed claims and shall not be construed as an admission by Yakima or Settling Cities as an admission of any liability or wrongdoing. 12. Headings The Section headings in this Settlement Agreement are inserted for convenience only and are not intended to be used in the interpretation of the contents of the Sections they introduce. 13. Severability. If any of the provisions of this Settlement Agreement are held to be invalid or unenforceable, the remaining provisions shall nevertheless continue to be valid and enforceable. 14. Binding Effect on Signatories This Settlement Agreement shall be binding on Yakima County only after nine of the following cities: Auburn, Bellevue, Des Moines, Federal Way, Kirkland, Lake Forest Park, Mercer Island, Redmond, Shoreline, Snoqualxnie, Tukwila, have executed this Settlement Agreement, and its effective date shall be the date the ninth of these cities executes this Settlement Agreement. Yakima County shall not delay executing the Settlement Agreement pending Settling Cities obtaining authorization from their legislative bodies to execute this Agreement. 15. Attorney's Fees and Costs. Any attorney's fees and/or costs incurred by Settling Cities and/or Yakima related to the disputes resolved by this Settlement Agreement shall be borne by the respective party who incurred said fees or costs. 16. Breach of Settlement Agreement. The prevailing party in any litigation brought to enforce this Settlement Agreement is entitled to reimbursement for its reasonable attorney's fees and all reasonable costs and expenses incurred in addition to any damages and equitable relief. 5 ~~ 17. Governing Law This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Counterpart Copies This Settlement Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. YAKIMA COUNTY Date: ~ ~ JC', ~~~ U ``pa-q-tslttq~p~~ °``,`~~~ yPK1~lA ~D~~ von Attest: ~ o; p~ WASH/y ~•'' ~ Michael D. Leita, Chairman ~~ o; Chr a S. Steiner, o y~ •.; o~y` Ronald F. Gamache, Commissioner Clerk of the Board °m,,,o j y~•.,.,b,,...•..~~~'~.°`° J. and Elliott, Commissioner CONSTITUTING THE BOARD OF COUNTY COMMISSIONERS Approve to form: FOR YAIQMA COUNTY, WASHINGTON c ~s~`( Deputy Prosecuting Attorney City of Auburn Date: By: Approved as to form: City Attorney City of Bellevue Date: By: Approved as to form: City Attorney 6