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HomeMy WebLinkAboutCOW 2004-02-09 Item 4E - Interlocal Agreement - Jail Oversight Assembly, Jail Administration Group (JAG) & Jail Operations GroupCAS Number: 04-018 Agenda Item Title: Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known) Meeting Date COUNCIL AGENDA SYNOPSIS Meeting Date 02/09/04 Prepared by RAB Initials ITEM NO. Mayor's review1 Council review ITEM INFORMATION 0 4 01 I Original Agenda Date: February 9, 2004 Interlocal Agreement for Jail Administration Council Admin.x The interlocal provides the framework for cities within King County to work together to manage the King County and Yakima County jail contracts, dispose of property held for jail purposes, and for future jail planning. Authorize Mayor to sign agreement Approximately $1,700 General Fund (Mayor's Office Budget) RECORD OF COUNCIL ACTION Action APPENDICES Meeting Date 1 Attachments 02 -09 -04 I Memo from Mayor to Finance Safety Committee I Jail interlocal I Minutes from Finance Safety Committee dated 2/2/04 MEMORANDUM DATE: January 27, 2004 TO: Finance Safety Committee FROM: Mayor's Office SUBJECT: Interlocal Agreement for Jail Administration Purpose This Interlocal Agreement for Jail Administration provides the framework for cities within King County to work together to manage the King County and Yakima County jail contracts, dispose of property held for jail purposes by Bellevue and develop a plan to manage the cities' inmate population after the termination of the King County Jail Contract in 2012. Background For the past three years, cities within King County have discussed how best to provide jail services to city inmates. Of the 39 cities within King County, 37 cities contract with King County for Jail Services (Kent and Enumclaw are not parties), 35 cities in King County contract with Yakima County for Jail services, and 16 cities contract with the City of Renton. Several other cities have contracts with other cities and counties. For the past several months, cities have been working on many different issues related to the requirement to phase out of King County jails and other treatment facilities. This new direction places new burdens on the cities over the next several years. A policy summary follows this memorandum that highlights the policy and program implications that have already been made in existing interlocal agreements and a summary of some of the future policy decisions that lay ahead of us (Attachment B) This interlocal agreement specifically is created to do the following: Clarify Roles of Cities: in planning, implementation, operation and administration of interlocal agreements related to the provision of current jail services; Plan for the Future: of facilities and programs for municipal inmates; and, Establish Payment Method for T Tnused Beds: should the Cities collectively fail to meet their estimated Minimum Bed Commitment with Yakima County. It does this by creating a governance structure which: implements the administration group created by the King County Jail Contract; Page 1 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; disposition of the Jail Property proceeds; and, and the planning for new misdemeanant secure jail facilities, non secure alternative facilities or programs to create additional misdemeanant capacity. This interlocal agreement does not decide the outcomes of future planning efforts, nor does it bind any city to participate in these efforts. It sets up a cooperative process to create the plan for how these future efforts will be undertaken. Governance Model To accomplish these tasks, the Jail Administration interlocal agreement creates: three different committees with specific responsibilities see below and Attachment A an annual budget and assessment method for all cities to pay for staff support a fiscal agent (currently Tukwila) to manage fiscal responsibilities The three main groups created are as follows: 1. Oversight Groun of Elected Officials Assembly Membership: An Elected Official from each participating city. Purpose: The Assembly will meet at least once a year to provide guidance to the JAG and JOG. This will include issues such as annual budget, assessment and work program, disposition of jail property, new misdemeanant facility, fiscal agent and other policies as necessary. 2. Administrative Entity JAG- (Jail Administrative Grounl Membership: A group of 6 City representatives with 1 from Seattle, 1 from Bellevue, and 4 other contract cities, one of which will include an SCA city that is the largest jail user and is party to both the King County and Yakima County ILAs. Purpose: The JAG will administer this and other jail related agreements. This will include making recommendations to the Assembly, working closely with the JOG, and supervising staff. These 6 members will also serve as the city representatives to the King County JAG. 3. Onerations Entity JOG Jail Operations Groun Membership: A representative from each of the cities Purpose: Advise the Assembly and JOG on operational issues of the jail contracts. Term: The agreement continues until December 31, 2012, which is the termination date of the King County Contract. It can be renewed. Termination: Cities can terminate by written notice by the end of any given year, but remain responsible for any budget expenses incurred for that year. Assessment: The annual assessment is based on city population and cities usage of the Yakima County Jail. The assessment for each City is enclosed in Attachment C. Page 2 Attachment A: Overview of Governance Structure Interlocal Agreement on Jail Administration 39 Cities Governance —Each City Council Ratifies Jail Oversight Assembly (Assembly) Elected Officials from all 39 Cities Represented Legislative Elected Oversight Policy; budget; work program Siting; debt issuance; real estate; audit Page 3 1 Jail Administration Group (JAG) Six King County ILA City Admin. Appointees Provides recommendations to Assembly Contract Admin Four (plus future) interlocals Manage work program/budget hire staff as provided by budget Fiduciary responsibility for budget administration v Jail Operations Group (JOG) 39 City Representatives Daily operations issues Advise JAG on contract problems /solutions Develop operations procedures with 39 member cities Attachment B Policy and Program Implications from Other Interlocal Agreements Background In 2000, the cities in King County used approximately 800 jail beds on a daily basis to house misdemeanor inmates; 622 beds at King County jail facilities and 188 beds at other facilities (e.g. city jails In 2002, 37 cities signed a new Interlocal Agreement for Jail Services with King County; 35 cities signed an Interlocal Agreement with Yakima County The agreements signed with King County and Yakima County will significantly change how and where jail beds are used. 16 cities also signed agreements with Renton on coordination of transportation and population management. The three biggest changes resulting from these contracts are: Cities will phase out use of King County's jails beginning 12/31/03 with a cap of 380 inmates and with full phase out by 2012. In the near term, jail caps require cities to reduce their use of King County facilities to 220 beds by July 2005. King County required and the cities agreed to stop using the King County Jail to house city misdemeanor inmates by December 31, 2012. From January September 2003, the cities averaged 380 beds at the King County Jail. Population changes and annexations will likely require cities to plan for facilities and services that will serve as many as 500 misdemeanants per day by 2012 above those provided by Yakima. Cities have agreed to build or contract for the development of new facilities to house the misdemeanant beds needed (approximately 300 -400 beds) to be available as the King County contract caps reduce access to its jails. Cities are obligated to seek new facilities or extend the Yakima agreement beyond 2010 to meet their capacity requirements. The cities have agreed to pay for an estimated 440 beds at the Yakima County Jail to house city misdemeanants effective October 1, 2003. The cities are currently using between 265 275 beds at Yakima. The 440 beds in Yakima meet approximately half of the capacity requirements the cities will have to provide in order to fully phase out of King County. The Yakima contract does not guarantee that those 440 beds will be available beyond the year 2010. The Cities' JAG is negotiating with Yakima to resolve a number of contract interpretation and implementation issues. The Cities have agreed that the Bellevue land acquired by the County for future jail needs is to be transferred to the cities as the initial equity that is to be shared by all King County Cities in the development of future facilities for city misdemeanants. The cities have agreed to accept the transfer of property in Bellevue as equity for developing future secure capacity and/or building or contracting for alternative corrections facilities 2 Auburn, Enumclaw, Issaquah, Kent, Kirkland and Renton have their own city jails. 3 All cities except Kent and Enumclaw signed the agreement with King County; all cities except Kent, Enumclaw, Hunts Point and Milton signed the agreement with Yakima County. Page 4 sufficient to allow the cities to completely pull out of the King County Jail by December 31 2012. King County Interlocal Agreement The cities have agreed to work as one group with King County in the development of billing procedures, dispute resolution on common billing disputes or on behalf of a member city with an unresolved billing dispute. The County interlocal also delegates to the JAG all other administrative oversight responsibilities including population management. Finally, the JAG is responsible for limited re- opening negotiations in 2006 and 2009 for jail charges and med -psych holding procedures. Some of the major provisions in the interlocal agreement with King County include: Section 3.3 the cities have agreed to work with the County to develop a proportional billing system for inmates who are held on charges from multiple jurisdictions. Section 4.2 either the County or a city may refer a disputed billing to the Jail Agreement Administration Group (JAG) for resolution (JAG decisions may be subsequently appealed). Section 10 establishes the Jail Agreement Administration Group (JAG). This group is authorized to act on behalf of all 37 cities to resolve issues related to administration, implementation or interpretation of the agreement including inmate transportation, alternative and community correction programs, coordination with the courts and law enforcement, mental health, drug and alcohol treatment, interpretation of the Jail Interlocal Agreement, and any re- opener of the contract as allowed in Section 7. Section 10 also establishes the membership of the King County JAG: two representatives from King County, four representatives from the suburban cities, one representative from Bellevue, and one representative from Seattle. Binding limits on overall jail population capacity are agreed upon with specific deadlines for reductions. Separate medical and psychiatric population limits have been established. JAG is responsible for management of prisoners and defining release procedures when med -psych limits are exceeded. Absent procedures, the County may refuse to hold and may release these prisoners to the booking city on "last -in -first -out" procedure regardless of community risk. Section 11 establishes binding capacity limits that apply to all 37 cities. The cities must reduce their jail population housed at King County to 380 inmates by 12/31/03; to 250 inmates by 12/31/04; to 220 inmates by 7/1/05; and to zero inmates by 12/31/12. If the cities exceed these limits, the County has the right to refuse city misdemeanant bookings. The contract also establishes separate capacity limits for the medical and psychiatric units; should these limits be exceeded, the County has the right to release city inmates in these units. Cities have agreed to hold in common the Bellevue property equity for future city misdemeanant jail purposes or to return the unused equity plus any income earned to the County by 2012. Section 12 states that the County will transfer to the City of Bellevue, on behalf of all the cities, property located in Bellevue (informally known as the Overlake property). The property (or proceeds from the sale of the property) is to be used to contribute to the cost of building or contracting for secure capacity and/or building or contracting for alternative corrections facilities sufficient to enable the cities to completely end their use of the King County Jail. If the cities do not build/contract for additional secure or alternative capacity Page 5 sufficient to pull out of the King County Jail, the cities must transfer the property (or proceeds from the sale of the property) back to King County. Yakima County Interlocal Agreement Thirty-five cities have pledged to pay for an estimated 440 beds beginning 10/01/03. The cities have agreed to individual obligations for a certain number of beds and to share or "pool" the use of the beds to assure optimal use of their facility investments thereby reducing risk of paying for unused beds. The major provision in the interlocal agreement with Yakima County is in Section 7. Note: Some cities contract with the city of Renton to provide coordinated inmate transportation. Future Policy and Proeram Issues and a Timeframe Estimate. Given the population limits in key agreements with King County and Yakima, cities have obligated themselves to plan for future misdemeanant jail and alternative program needs. Cities have to figure out how to replace the capacity they will lose when the King County agreement ends. Questions facing the cities about planning new jail facilities include: How should the cities replace the capacity that will be lost when the King County Interlocal Agreement ends in 2012? Should the cities work collectively to address this capacity need? Should the cities build a new regional jail for misdemeanor inmates or should they build several new local jails throughout the County? After the contract with King County ends, should the cities continue to send some of their inmates to Yakima County or if a new misdemeanor facility were built locally, would it be more cost effective to house all inmates locally? Should a new jail facility be a full service jail facility (similar to Yakima or King County) or should it be a minimum 30 -day holding facility? What decisions should be made and how soon should cities make the decisions about how to extend or replace Yakima services after 2010? Timing: after a decision is made to build a jail or other facility (ies) and funding is in place, it takes 4 6 years to go through the EIS, planning, design, and construction. An ontimistic schedule for the development of new facilities follows below: 2004 2006: o Complete population management implementation procedures, information systems and transportation support for city misdemeanants o Forecast future jail use by the 37 cities o Identify treatment options, needs and types of facilities and locations support the 37 cities depending on policy framework agreed upon by each city. o Establish financing mechanism who issues the debt? Establish a PDA to use some other interlocal arrangements such as contract arrangements for delivery of jail services to cities o Negotiate long -term governance model for development and management of jail services in King County as well as services provided outside of King County 2006 -2008: Initiate public siting process for the facilities 2008 to 2012: EIS, Jail design, construction 2012: Testing and start-up operations for new jail and other misdemeanant facilities Jan.1, 2013: Contract with King County has ended; new facility(ies) opens Page 6 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. Interlocal Agreement for Jail Administration Page 1 of 23 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 of the 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 Enumclaw 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 Enumclaw'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. Interlocal Agreement for Jail Administration Page 2 of 23 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 116` Avenue NE and 1412 116` 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 from October 1, 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 1, 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 Interlocal Agreement for Jail Administration Page 3 of 23 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. 52 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 Assembly (Assembly). (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) Assembly 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 Budget and Work Program. The Assembly shall receive recommendations from 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 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 Pronertv. The Assembly shall receive recommendations from 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 from 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. InterlocaI Agreement for Jail Administration Page 4 of 23 (iv) Amendments. The Assembly shall receive recommendations from 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) Policy 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 from 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 from the State of Washington's Office of Financial Management. If an Assembly member will be absent from 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 from 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 from the prior calendar year. The officers serving as the executive committee shall (1) 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 Interlocal Agreement for Jail Administration Page 5 of 23 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 from 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 Interlocal Agreement for Jail Administration Page 6 of 23 (v) (vi) Interlocal Agreement for Jail Page 7 of 23 associated with any re- opener of the provisions described in Section 7 of the King County Jail Contract; 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; 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; 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; Following budget and work program approval by the Assembly and City Members in accordance with Section 8 of this Agreement, and subject to the availability of fends, 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; 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 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 from the work program for that budget year. Adopt procedures for the conduct of JAG's meetings; (3) (5) Administration (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) Meetings. 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) Chairnerson. The JAG members shall select a chairperson and vice chairperson from among the JAG members to preside over JAG's meetings. 6.3 Jail Operation Group (JOG). (a) Membershin. 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. Interlocal Agreement for Jail Administration Page 8 of 23 (d) Chairperson. The JOG members shall select a chairperson and vice chairperson from 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 1, 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 from 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 Bellevue 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 Bellevue 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 from 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 from the County including, but not limited to, tests inspections, survey, appraisal, expenses resulting from 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. If 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 Interlocal Agreement for Jail Administration Page 9 of 23 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 1 to December 31 of any year. On or before July 1 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 from 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 Authority. 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 from 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 Cooneration. The Assembly and JAG will cooperate with state, county, and other local agencies to maximize use of any grant funds or other Interlocal Agreement for Jail Administration Page 10 of 23 resources and enhance the effectiveness of the programs and proj ects 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 /100 ($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: (City's res. nonulation) (Total of all Cities' res. population) multiplied by (1/2 of total annual budget) plus (City's EADP) (Total Annual Jail Bed Usage of all Cities) in Yakima County jail facilities) equals City's Total Annual Assessment multiplied by /z of total annual budget) 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. Interlocal Agreement for Jail Administration Page 1 I of 23 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 will 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" shall mean the product resulting from 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 all Cities with Unused Bed Commitment.) The calculation of a City's credit is expressed in the formula below: City Credit (Sum of amount over the EADP X (EADP of a City w/Unused Bed Commitment) of All Cities Which Exceed Their EADPs) (Sum of EADPs of Cities w/Unused Beds) For a City whose actual jail use was less than its EADP, its "credit" will be subtracted from the number of unused city beds. The difference is the amount that shall 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 of this formula. 11. SURPLUS USAGE OF YAHIMA 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 from 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. Interlocal Agreement for Jail Administration Page 12 of 23 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 of the Fiscal Agent. 14. INSURANCE 14.1 Evidence of Insurance Coveraee. Each City agrees to provide the other Cities with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool 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 from 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 from 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 from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the Cities. The provisions of this Section shall survive any termination or expiration of this Agreement. 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. Interlocal Agreement for Jail Administration Page 13 of 23 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 of this 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, WA Approved as to Form: By: Glenn Wilson, Mayor Initial Assembly Member: Initial JOG Member: CITY OF AUBURN, WA Approved as to Form: By: Peter B. Lewis, Mayor Initial Assembly Member: Initial JOG Member: TOWN OF BEAUX ARTS VILLAGE, WA By: Charles R. Lowry, Mayor Initial Assembly Member: Initial JOG Member: Interlocal Agreement for Jail Administration Page 14 of 23 George Kelley, Algona City Attomey Daniel B. Heid, Auburn City Attorney Approved as to Form: Wayne Stewart, Town Attorney CITY OF BELLEVUE, WA Approved as to Form: By: By: By: By: Steve Sarkozy, City Manager Richard L. Andrews, Bellevue City Attomey Initial Assembly Member: Initial JOG Member: CITY OF BLACK DIAMOND, WA Approved as to Form: Howard Botts, Mayor Initial Assembly Member: Initial JOG Member: CITY OF BOTHELL, WA Approved as to Form: Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney Initial Assembly Member: Initial JOG Member: CITY OF BURIEN, WA Approved as to Form: Gary P. Long, City Manager Initial Assembly Member: Initial JOG Member: CITY OF CARNATION, WA By: Woody Edvalson, City Manager Initial Assembly Member: Initial JOG Member: CITY OF CLYDE HILL, WA By: George S. Martin, Mayor Initial Assembly Member: Initial JOG Member: Interlocal Agreement for Jail Administration Page 15 of 23 Loren D. Combs, City Attorney Lisa Marshall, Burien City Attorney Approved as to Form: Phil A. Olbrechts, Carnation City Attomey Approved as to Form: Clyde Hill City Attorney CITY OF COVINGTON, WA Approved as to Form: By: Andrew D. Dempsey, City Manager Initial Assembly Member: Initial JOG Member: CITY OF DES MOINES, WA By Tony Piasecki, City Manager Initial Assembly Member: Initial JOG Member: CITY OF DUVALL, WA By: Approved as to Form: Des Moines City Attorney Approved as to Form: Becky Nixon, Mayor Initial Assembly Member: Initial JOG Member: CITY OF ENUMCLAW, WA Approved as to Form: By: John Wise, Mayor Initial Assembly Member: Initial JOG Member: Initial Assembly Member: Bruce Disend, Duvall City Attorney CITY OF FEDERAL WAY, WA Approved as to Form. By: By: David H. Moseley, City Manager Patricia A. Richardson Federal Way City Attorney Initial JOG Member: CITY OF HUNTS POINT Approved as to Form: By: B Fred McConkey, Mayor Initial Assembly Member: Initial JOG Member: InterlocaI Agreement for Jail Administration Page 16 of 23 Duncan C. Wilson, Covington City Attorney Michael J. Reynolds, Enumclaw City Attomey Hunts Point City Attorney CITY OF ISSAQUAH, WA Approved as to Form. By: By: Ava Frisinger, Mayor Initial Assembly Member: Initial JOG Member: CITY OF KENMORE, WA By: Initial Assembly Member: Initial JOG Member: CITY OF KENT, WA Approved as to Form: By: Jim White, Mayor Initial Assembly Member: Initial JOG Member: CITY OF KIRKLAND, WA Approved as to Form. By: Initial Assembly Member: Initial JOG Member: CITY OF LAKE FOREST PARK, WA Approved as to Form: By: Initial Assembly Member: Initial JOG Member: CITY OF MAPLE VALLEY, WA Approved as to Form. By: Wayne D. Tanaka Issaquah City Attomey Approved as to Form: Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney David H. Ramsay, City Manager Gail Gorud, Kirkland City Attorney David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park City Attorney John F. Starbard, City Manager Initial Assembly Member: Initial JOG Member: Interlocal Agreement for Jail Administration Page 17 of 23 Tom, Brubaker, Kent City Attorney Lisa Marshall, Maple Valley City Attorney CITY OF MEDINA, WA 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, WA 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, WA Approved as to Form: By: Andrew J. Takata, City Manager Dawn Findlay, Newcastle City Attorney Initial Assembly Member: Initial JOG Member: CITY OF NORMANDY PARK, WA 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 Initial Assembly Member: Initial JOG Member: Interlocal Agreement for Jail Administration Page 18 of 23 Approved as to Form. Michael R. Kenyon, North Bend City Attorney CITY OF PACIFIC, WA Approved as to Form. By: Howard Erickson, Mayor Initial Assembly Member: Initial JOG Member: CITY OF REDMOND, WA By: Rosemarie Ives, Mayor Initial Assembly Member: Initial JOG Member: CITY OF RENTON, WA Approved as to Form: By: Bruce Disend, Pacific City Attorney Approved as to Form: James E. Haney, Redmond City Attorney Lawrence J. Warren, Renton City Attorney Jesse Tanner, Mayor Initial Assembly Member: Initial JOG Member: CITY OF SAMMAMISH, WA Approved as to Form: By Ben Yazici, City Manager Bruce Disend, Sammamish 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, WA Approved as to Form: By: Gregory J. Nickels, Mayor Initial Assembly Member: Initial JOG Member: Interlocal Agreement for Jail Administration Page 19 of 23 Thomas A Carr, Seattle City Attorney CITY OF SHORELINE, WA Approved as to Form. By: Steven C. Burkett, City Manager Initial Assembly Member: Initial JOG Member: CITY OF SKYKOMISH, WA By: Skip Mackner, Mayor Initial Assembly Member: Initial JOG Member: CITY OF SNOQUALMIE, WA Approved as to Form: By: Randy Fuzzy Fletcher, Mayor Initial Assembly Member: Initial JOG Member: CITY OF TUKWILA, WA By: Steve Mullet, Mayor Initial Assembly Member: Initial JOG Member: CITY OF WOODINVILLE, WA Approved as to Form: By: Pete Rose, City Manager Jeffrey 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 Initial Assembly Member: Initial JOG Member: Interlocal Agreement for Jail Administration Page 20 of 23 Ian Sievers, Shoreline City Attorney Approved as to Form: Jeffrey Ganson, Skykomish City Attorney Pat Anderson, Snoqualmie City Attorney Approved as to Form: Robert F. Noe, City Attorney Wayne Stewart, Yarrow Point Town Attorney 2004 ANNUAL COST PER CITY FOP Yakima Estimated Bed Commitment Total 440.1 Auburn 88.5 Bellevue 27.0 Bothell 2.0 Burien 4.0 Covington 2.4 Des Moines 17.0 Federal Way 29.0 Issaquah 2.0 Kenmore 3.0 Kirkland 12.5 Lake Forest Park 2.5 Maple Valley Mercer Island 4.0 Newcastle North Bend 2.0 Redmond 20.0 Renton 27.0 Sammamish 1.5 SeaTac 4.1 Seattle 155.0 Shoreline 18.0 Tukwila 11.0 Woodinville 1.5 Algona 3.0 Beaux Arts Village Black Diamond Carnation 0.0 Clyde Hill 0.0 Duvall 1.0 Hunt's Point Medina 0.7 Milton Normandy Park 0.4 Pacific Skykomish Snoqualmie 1.0 Yarrow Point EXHIBIT A THE JAIL AD 2002 Average of city pop. jail beds; $250 minimum Population 1,327,706 43,970 117,000 16,264 31,810 14,395 29,510 83,850 13,790 19,180 45,790 12,860 15,040 21,955 8,205 4,735 46,040 53,840 34,660 25,320 570,802 53,250 17,270 9,830 2,525 295 4,015 1,905 2,895 5,190 455 3,010 815 6,395 5,405 215 4,210 1,010 11.9% $10,056 7.6% $6,462 0.9% $728 1.7% $1,432 0.8% $705 3.1% $2,622 6.6% $5,571 0.8% $647 1.1% $921 3.2% $2,717 0.8% $665 0.6% $493 1.3% $1,109 0.3% $269 0.4% $350 4.1% $3,456 5.2% $4,393 1.5% $1,282 1.5% $1 229 40.0% $33,793 4.1% $3,497 1.9% $1,637 0.6% $468 0.4% $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 MINISTRATIVE GROUP (JAG) Estimated Annual Cost (salary/benefits) for JAG staff position $88,000 Interlocal Agreement for Jail Administration Page 21 of 23 $88,000 EXHIBIT B TO INTERLOCAL AGREEMENT BETWEEN THE CITIES CONTRACTING WITH YAKIMA City or Town 2003 EADP Algona 3.0 Auburn 88.5 Beaux Arts Village 0.0 Bellevue 27.0 Black Diamond 0.0 Bothell 2.0 Burien 4.0 Carnation 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 lsland 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 Interlocal Agreement for Jail Administration Page 22 of 23 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. Contract Cities City A City B City C Total Total Bed Commitment (EADP) 80 40 10 130 Actual Bed Use 70 25 15 110 Unused Beds (10) (15) 5 Amount Owed to Yakima Under Formula 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). Cities with Unused Bed Commitment City A City B Subtotal Citv C Total Amount Total Bed Commitment Share Actual Unused Owed to (EADP) (EADP) Bed Use Beds Credit Yakima 80 67% 70 10 3.3 76.7 40 33% 25 15 1.7 38.3 120 100% 95 25 5.0 115.0 Interlocal Agreement for Jail Administration Page 23 of 23 10 15 0 0 15 130 I 110 25 5 130 Finance and Safety Committee February 2, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Keith Haines, Rhonda Berry, Lucy Lauterbach DRAFT 1. Ground Rules Dave stated basic precepts he would like the committee to follow. These include being recognized by the chair, sticking to the subject, and not adding agenda items at the last minute except in the most dire straits. The other members agreed. Information. 2. Citv Attorney Contract with Kenyon Disend The City has had a relationship with the Kenyon Disend firm for many years. The contract this year is little changed from past years, although the fees did go up 4 or $12,000 in the annual cost. The monthly services will cost $25,978 /month. Their fee did not increase between 2002 and 2003. The Committee had few comments beyond asking that acronyms be defined. Dennis asked that Shelley provide training on ethics issues such as conflict of interest, but Rhonda noted that training could probably be given by our insurance agency, Washington Cities Insurance Agency (WCIA). The Committee added executive sessions under the section detailing what meetings the City Attorney should attend. Recommend contract to COW. 3. Martin Durkan Contract Jamie Durkan is the consultant who works on issues in Olympia and has worked on some Sound Transit issues in the past. This year he is working on streamlined sales tax and retiree medical insurance for us. He works in response to direction from the mayor's office. In a change from last year, this contract only covers 6 months of work rather than a year's work. The Committee was satisfied that he would only do the work necessary for the legislature this year. Recommend contract to COW. 4. Interlocal Agreement for Jail Administration When the cities first started to send prisoners to Yakima for jail, an interlocal was drawn up. Since then it has been refined, worked on by both policy makers and professional writing teams, and is now quite clear and easy to understand. Dennis thought the way the agreement specifies the integration of staff and elected officials was a model for how this kind of agreement should be written. Rhonda explained how the different layers work together. Though Tukwila is one of the 39 cities in the Jail Oversight Assembly and Jail Operations Group, we are not on the Jail Administration Group. The Committee approved the governance model. Recommend to COW. 5. Puget Sound Law Enforcement Information Exchange (LinX) Since 2001Tukwila has been part of a RAIN system that shares automated information in a network among Tukwila, Bellevue, and King County. A proposal to greatly expand that group has been made, and the new group would be called LinX Keith is co -chair of this initiative which involves southern agencies such as Kitsap County, Bremerton, Poulsbo, and the Naval Criminal Investigative Service. Bainbridge, Everett, Seattle, the Seattle Port and Snohomish as well as the State Patrol are also included in LinX. King County will be invited to join in Phase 2. The proposal is to build a system that would standardize the various and different crime reporting systems of each police agency. Booking photos from jail will be another useful feature of the system. Microsoft is donating programs so far, but would like some funding to take it over. The agencies will share DRAFT information on crimes and criminals that could be useful in looking at crime on a regional basis. Dennis had several issues with the proposal, including the lack of oversight by any elected officials and the use of information subject to privacy laws that the ACLU could be concerned about. Keith assured the Committee members that LinX doesn't gather intelligence, but rather reports on crimes and criminal information that would be available to an authorized person who asked. Dennis also thought one section allowed a small number of people to change policies. Some of Dennis' questions are answered in a procedure manual that's being developed. Keith thought the FBI could be asked to join, and to pay part of the costs. Paying for the system will require funding through a grant or other method. Joan asked about use of the system by officers. Officers will be able to access basic information from their cars, but more detailed information will need to be gathered at a bigger computer. If our cars got more sophisticated equipment they could access more information from the field. Joan asked if this project would require more staff. Keith said his new computer person will be a big help, but no new additional staff is needed. Keith will check some of these issues back to the LinX group, but the contract is now at all the other agencies. Reschedule. Committee chair approval