Loading...
HomeMy WebLinkAboutCOW 2007-10-22 Item 4E - Interlocal Agreement - Misdemeanant Jail Study with Cities of Des Moines, Federal Way and Renton .s.:: COUNCIL AGENDA SEVOPSIS ITEM NO. -z I" 0 i G 1 Meetznq Date Prepared by 1 Mayor's review Council review 11/05/07 1 RAB 1 la e, 7908 I I I I ITEM INFORMATION 1 CAS NUMBER: 07-026 I ORIGINAL AGENDA DATE: OCTOBER 22, 2007 AGENDA ITEM TITLE Interlocal Agreement for Jail Study CATEGORY Discussion Motion Resolution Ordinance n BidArvard Public Healing Other Mtg Date 10/22/07 Mtg Date 11/05/07 Mtg Date Mtg Date Mtg Date Mtg Date ftg Date SPONSOR Council May'or Adm Svcs DCD Finance Fire Legal P6-R Police PW/ SPONSOR'S The cities of Des Moines, Federal Way, Renton and Tukwila are partnering to provide for SUMMARY the joint funding of a cooperative Misdemeanant Jail study. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/15/07 RECOMMENDATIONS: SPONSOR /ADM. Discuss agreement and forward to Regular Meeting for approval COMMIT I•LE Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $37,030* $45,000 Fund Source: GENERAL FUND SALARY SAVINGS Comments expenditure required may change if Auburn decides to join the partnership MTG. DATE RECORD OF COUNCIL ACTION I 10/22/07 I MTG. DATE J ATTACHMENTS 10/22/07 I Informational Memorandum dated 10/11/07 Draft Interlocal Agreement Minutes from the Finance and Safety Committee Meeting of 10/15/07 C i t y of Tukwila 1 O e���f 6200 Southcenter Boulevard a Tukwila, Washington 98188 Steven M. Mullet, Mayor 4 1908 .s MEMORANDUM TO: Finance and Safety Committee FROM: Mayor's Office Pi` DATE: October 11, 2007 SUBJECT: Interlocal Agreement for Jail Study On Monday, September 17, 2007 the Council approved funds to be spent on a Jail Study to determine the feasibility of establishing a misdemeanant jail facility to be used by Des Moines, Federal Way, Renton and Tukwila. Attached is the proposed Interlocal Agreement which formally establishes this cooperative arrangement between the Cities, and sets forth the lead city and funding arrangement. Staff requests that this item be referred to the COW on 10/22 and Regular Meeting on 11/5 for approval. Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 o www.ci.tukwila.wa.us INTERLOCAL AGREEMENT BETWEEN THE CITIES OF DES MOINES, FEDERAL WAY, RENTON, AND TUKWILA FOR A COOPERATIVE FEASIBILITY STUDY FOR THE CONSTRUCTION AND OPERATION OF A MISDEMEANANT JAIL FACILITY This Interlocal Agreement "ILA is entered into pursuant to Chapter 39.34 RCW by the Cities of Des Moines "Des Moines Federal Way "Federal Way"), Renton, "Renton and Tukwila "Tukwila all which are municipal corporations of the State of Washington, hereinafter referred to as "Cities," to provide for the joint funding of a Cooperative Misdemeanant Jail Study. WHEREAS, Renton maintains a municipal jail pursuant to R.C.W. 70.48; and WHEREAS, Des Moines, Federal Way, and Tukwila do not maintain municipal jails; and WHEREAS, cities in King County have been infoiined by the King County Department of Adult and Juvenile Detention that King County will no longer accept misdemeanor inmates from King County cities after December 31, 2012; and WHEREAS, there is inadequate local jail space available to accommodate the misdemeanant inmates from Des Moines, Federal Way, Renton, and Tukwila; and WHEREAS, King County cities have, since 2002, been contracting with counties in Eastern Washington to house misdemeanant inmates at considerable cost for housing and transport; and WHEREAS, the cities of Des Moines, Federal Way, Renton, and Tukwila, desire to participate in efforts to plan effectively to share the use of resources needed by all cities; and WHEREAS, the Cities have agreed on the use of DLR Group, Inc. to perform the feasibility study and have agreed upon the scope of work and contract terms for the study; and WHEREAS, through the Interlocal Cooperative Act, the cities of Des Moines, Federal Way, Renton, and Tukwila have the authority to engage in cooperative efforts which result in more efficient use of government resources; NOW, THEREFORE, and in consideration of the tern's, conditions and promises made herein, it is agreed as follows: SECTION 1. Purpose of Interlocal Agreement: The purpose of the Interlocal Agreement is to set up a cooperative arrangement between the Cities to jointly fund a feasibility study for a misdemeanant jail facility. SECTION 2. Lead City: The City of Renton will act as the Lead City, serving as the fiscal and administrative agent for the cities and Penny Bartley, Renton Police Manager, will serve as project manager for the study. SECTION 3. Funding Arrangement. The total contract amount with DLR Group is $161,000. The costs will be allocated amongst the cities as follows: Des Moines' funding obligation is $12,880. Federal Way's funding obligation is $32,200. Tukwila's funding obligation is $37,030. Renton's funding obligation is $78,890. Renton will invoice the other cities upon receipt of invoices from the consultant and invoices are due and payable to Renton within 30 days of receipt. SECTION 4. Modification of Scope. Any changes in the Scope of Work to accommodate any additional owners or participating agencies shall be borne by those jurisdictions requesting the change. SECTION 5. Indemnification and Defense: Each City agrees to indemnify and defend the other Cities from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs (hereinafter "tort expenses arising out of claims by third parties for property damage and bodily injury, including death, (hereinafter "tort injuries caused solely by the negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this Interlocal Agreement. If the negligence or willful misconduct of more than one City that is a party hereto (or a person identified above for whom each is liable) is a cause of such "tort injuries," Interlocal Agreement For Feasibility Study p. 2 of 2 then such "tort expenses" shall be shared between those Cities in proportion to their relative degree of negligence or willful misconduct and such proportion shall apply to the rights of indemnity and defense. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any City agency or employees against the other Cities. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made in consideration for the waiver. SECTION 6. Applicable Law; Venue; Attorney's Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. SECTION 7. Insurance: (A) The Cities agree to provide to each other signatory of the ILA, in a form and in terms acceptable to the receiving party, evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance company or pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement. (B) Each party shall obtain and maintain coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (C) The insurance policies that shall specify the Cities, its officers, agents, and employees as additional insured on all coverage with that coverage being pnmary and Interlocal Agreement For Feasibility Study p. 3 of 3 non contributory to any other coverage available to the Cities. The insurance policies shall provide that they will not be cancelled without 45 days' written notice to the Cities. SECTION 8. Contact Persons: Notices provided for herein or questions about the feasibility study should be directed to: City of Renton: Manager Penny Bartley 1055 So. Grady Way Renton, WA 98057 (425) 430 -7565 City of Des Moines: City Manager Tony Piasecki 21630 11 Avenue South Des Moines, WA 98198 City of Federal Way: City Manager Neal Beets City of Tukwila: City Administrator Rhonda Berry 6200 Southcenter Boulevard Tukwila, WA 98188 SECTION 9. Teiui: This Agreement shall be effective 2007 and shall remain in effect through the completion of the study. SECTION 10. Termination: Any party may terminate its participation in the Interlocal Agreement without cause by giving the other Cities ninety -days' written notice. The terminating party shall remain fully responsible for meeting its funding responsibility and other obligations established by this Interlocal Agreement through the end of the calendar year in which such notice is given. Interlocal Agreement For Feasibility Study p. 4 of 4 SECTION 11. Counterparts: This document may be executed in any number of counterparts, each one which shall be considered an original. IN WITNESS WHEREOF, the undersigned have entered into this Interlocal Agreement as of this day of 2007. Date: Attest: The City of Renton, by: City Clerk Kathy Keolker, Mayor Approved as to legal form: City Attorney, Renton Date: Attest: The City of Des Moines, by: City Clerk Mayor /City Manager Approved as to legal form: City Attorney, Des Moines Date: Attest: The City of Federal Way, by: City Clerk Mayor /City Manager Approved as to legal form: Interlocal Agreement For Feasibility Study p. 5 of 5 City Attorney, Federal Way Date: Attest: The City of Tukwila, by: City Clerk Mayor /City Administrator Approved as to legal form: City Attorney, Tukwila Interlocal Agreement For Feasibility Study p. 6 of 6 Q..../ J 2'' CZG V of Tukwila a Finance Safety Committee is FINANCE AND SAFETY COMMITTEE Meeting Minutes October 15, 2007 5:00 p.m. PRESENT Councilmembers: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson Staff: Kevin Fuhrer, Christy O'Flaherty, Rhonda Berry, Derek Speck, Trish Kinlow, Viki Jessop, Mary Miotke, Shelley Kerslake and Melissa Hart Guests: Chuck Parrish, Jim Fiegal and Danijel Katicin CALL TO ORDER: Committee Chair Haggerton called the meeting to order at 5:09 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. South King County Seattle Municipal Courts Language Assistance Plan Staff reported of the $2 million dollar grant the state has set -aside for this program and that Tukwila has spearheaded the grant application. Councilmember Hernandez complimented Trish Kinlow on the efforts of this grant application and the very enlightening information that was provided in the agenda packet. There was also discussion about the new electronic forms and how that would impact our costs, as well as a possible need for special equipment. Ms. Kinlow stated she is working with the City of Kent Municipal Court Administrator on a simple form that would be on a laptop located in the court for patrons to use. The Committee complimented Ms. Kinlow on the very informative nature of the presentation and wished her luck in the grant process. INFORMATION ONLY. B. Interlocal Agreement for Jail Study Rhonda Berry provided a brief background on this subject to the guests, and the new information that the City of Auburn is considering joining the Interlocal agreement with Des Moines, Federal Way, Renton and Tukwila. The Committee asked if that would lower Tukwila's funding amount for the study, Ms. Berry stated she needed more time to discuss the study with the City of Auburn, and they did not want to hold up the signing of the agreement. Once a decision has been made, an amendment should be provided to the agreement adding the City of Auburn to Section 3 and Tukwila's share of the total cost of the feasibility study should be less. Due to the length of the October 22 Council meeting it was requested this item be added to an agenda in the near future to accommodate the November 26 deadline. UNANIMOUS APPROVAL. FORWARD TO FUTURE COW. C. 2008 Property Tax Lew Ordinance Kevin Fuhrer provided background information and the calculations used to determine the 2008 property tax levy. The proposed levy amount is $11,400,000 and results in an anticipated levy rate of $2.60 per $1,000 of valuation. Furthermore he reported that King County requires that the City submit its levy request no later than November 30, 2007. A public hearing will be scheduled for November 19, 2007. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 22 COW.