HomeMy WebLinkAboutReg 2007-07-02 Item 7 - Settlement Agreement - Release of Claims with Yakima County for Inmate Housing / Jail Services COUNCIL AGENDA SYNOPSIS
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INFORMATION
1 CAS NUMBER: 07-086 I ORIGINAL AGENDA DATE: JULY 2, 2007
AGENDA IIEMTITLE Settlement Agreement and Release of Claims with Yakima County Department of
Corrections (DOC)
CATEGORY Discussion El Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/2/07 Mtg Date 7/2/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs El DCD El Finance Fire Legal P&R Police PIS
SPONSOR'S 35 municipalities, including the City, entered into an interlocal agreement with Yakima
SUMMARY County for jail services. A dispute arose between the municipalities and Yakima County
regarding the opening of the new Yakima County jail. This settlement agreement resolves
the dispute. It has been signed by Yakima County and the City of Seattle and is currently
before the other muncipalities for signature.
REVIEWED BY El COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
El Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMI\I. Recommend that the Mayor be authorized to sign this agreement.
COM\4T ITEE
GOST-IMPACT FUND SOURCE:
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG
DATE=== RECORD OV- COUNCIL ACTION
I I
11TGDAF -E -ATTACHMENTS
I 7/2/07 1 Information memorandum dated June 11, 2007
Agreement to settle release claims withdraw terminations related to agreement
to house inmates.
KENYON DISEND, PLLC
THE MUNICIPAL LAW FIRM
MICHAEL R. KENYON 11 FRONT STREET SOUTH KERRI A. JORGENSEN
BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWrTH
SHEI.T.EY M. KERSLAKE WWW.KENNYONDISEND.COM RENEE G. WALLS
(425) 392 -7090 (206) 628 -9059 KARL L. SAND
SANDRA S. MEADOWCROFT FAX (425) 392 -7071 MONICA A. BUCK
QiRIS D. BACHA KATHRYN J. HARDY
MARGARET J. KING AMY JO PEARSALL
CITY OF TUKWILA
MEMORANDUM
TO: Tukwila City Council
FROM: Shelley-Kerslake, City Attorney
DATE: June 11, 2007
RE: Settlement Agreement and Release of Claims with Yakima County DOC
As you may recall, in 2003, Tukwila along with 33 other municipalities and Seattle
entered into an Interlocal Agreement "Agreement with Yakima County for fail services.
Under the Agreement, Yakima County Department of Collections- "Yakima DOC was to
house Cities' misdemeanor inmates, and the Cities were to pay for a "Mining:J Red
Commitment," which from July 1, 2003, through the termination of the Agreement on D c: mjer
31, 2010 is 440 beds combined.
The Cities Banned a Jail Advisory Group "JAG and a Tail Operations Group "J iCr'')
to facilitate administration of the Agreement. As part of the Agreement. Yakima agreed to
construct and complete a New Jail Facility to house Cities' and other inmates. I: 2005, a dipute
arose between the Cities and Yakima DOC as the new facility had not yet o1.ened and
operational concerns had been raised in a November 30, 2005 report by consul ants titled "A
Review of Policies, Procedures, and Practices Focusing on Inmate Safety and Medical Care al
the Yakima County Jail."
On September 27, 2006, the Cities of Auburn, Bellevue, Des Moines, Feder;il Way,
Kirkland, Lake Forest Park, Mercer Island, Redmond, Seattle, Shoreline, Snoquahnie and
Tukwila filed a Claim for Damages under Chapter 4.96 RCW against Yakima County related to
the Dispute. In an effort to resolve the matter short of litigation, the Cities, Yakima and
JAG /JOG have been in discussions over the past several months to address operational and
financial issues and the opening of the New Jail Facility.
During these discussions, the Cities identified several specific operational and financial
issues to be addressed as part of a settlement agreement, including:
Yakima DOC must maintain daily bed rates as provided in the Agreement.
Yakima DOC must have better control of therapeutic costs.
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SERVING WASHINGTON CITIES SINN CE 1993
Commitment by Yakima DOC to open the New Jail Facility by an agreed date.
Yakima DOC must educate the Cities on the classification system to assure the system
allows for housing appropriate city inmates and establish ongoing collaboration of how
the system is working in regards to city inmates.
Establish better ongoing communication between JAG /JOG and Yakima at both
operational and contract levels.
City inmates must have access to treatment programs.
Collaboration between the parties to establish a reporting system to assure actions to
maintain inmate safety and care are continued.
Yakima must demonstrate improved procedures for follow -up to inmate incidents.
On February 27, 2007, Yakima opened two of the four pods of the New Jail Facility, also
known as the Justice Center, and has agreed to fully open and operate the Justice Center by
December 31, 2007.
Following months of discussions between Yakima, JAG /JOG and the Cities, the parties
have drafted a Settlement Agreement and Release of Claims which addresses all of the issues
raised by the Cities. Pursuant to the Settlement Agreement, Yakima has agreed to open the
remaining two pods of the New Jail Facility on or before December 31, 2007. Yakima further
agrees to report to JAG on a number of inmate related issues and have a representative attend
JAG Meetings to report on any issues as requested. Under the Settlement Agreement, Yakima
will maintain an inmate housing classification system, and will assist the JAG to understand
classification issues. Yakima also agrees to provide the Cities the right to inspect Yakima DOC
facilities at all reasonable times.
The Settlement Agreement has been signed by Yakima County and the City of Seattle,
and is currently before the other 33 cities for signature. A copy of the Settlement Agreement is
attached hereto as Attachment A.
I recommend the Mayor be authorized to sign this settlement agreement with Yakima
DOC.
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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
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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 4th 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 all 4 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.
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C. If, due to circumstances reasonably beyond the control of Yakima County, all 4
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:
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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, a non 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
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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.
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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: Michael D. Leita, Chairman
Christina S. Steiner, Ronald F. Gamache, Commissioner
Clerk of the Board
J. Rand Elliott, Commissioner
CONSTITUTING
THE BOARD OF COUNTY COMMISSIONERS
Approved as to form: FOR YAKINIA COUNTY, WASHINGTON
Deputy Prosecuting Attorney
City of Auburn
Date: Approved as to form:
By:
City Attorney
City of Bellevue
Date: Approved as to form:
By:
City Attorney
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City of Des Moines
Date: Approved as to form:
By:
City Attorney
City of Federal Way
Date: Approved as to form:
By:
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
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City of Shoreline
Date: Approved as to form:
By:
City Attorney
City of Snoqualmie
Date: Approved as to form:
By:
City Attorney
City of Tukwila
Date: Approved as to form:
By:
City Attorney
City of Algona
Date: Approved as to form:
By:
City Attorney
Town of Beaux Arts Village
Date: Approved as to form:
By:
City Attorney
City of Black Diamond
Date: Approved as to form:
By:
City Attorney
8
City of Bothell
Date: Approved as to form:
By:
City Attorney
City of Burien
Date: Approved as to form:
By:
City Attorney
City of Carnation
Date: Approved as to form:
By:
City Attorney
City of Clyde Hill
Date: Approved as to form:
By:
City Attorney
City of Covington
Date: Approved as to form:
By:
City Attorney
City of Duvall
Date: Approved as to form:
By:
City Attorney
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City of Issaquah
Date: Approved as to form:
By:
City Attorney
City of Kenmore
Date:
Approved as to form:
By:
City Attorney
City of Maple Valley
Date: Approved as to form:
By:
City Attorney
City of Medina
Date: Approved as to form:
By:
City Attorney
City of Newcastle
Date: Approved as to form:
By:
City Attorney
City of Normandy Park
Date: Approved as to form:
By:
City Attorney
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City of North Bend
Date: Approved as to form:
By:
City Attorney
City of Pacific
Date: Approved as to form:
By:
City Attorney
City of Renton
Date: Approved as to form:
By:
City Attorney
City of Sammamish
Date: Approved as to form:
By:
City Attorney
City of SeaTac
Date: Approved as to form:
By:
City Attorney
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City of Seattle
Date: Approved as to form
By:
City Attorney
City of Skykomish
Date: Approved as to form:
By:
City Attorney
City of Woodinville
Date: Approved as to form:
By:
City Attorney
Town of Yarrow Point
Date: Approved as to form:
By:
City Attorney
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