Loading...
HomeMy WebLinkAbout08-020 - Valley Cities - Feasibility Study For Jail FacilityFi SOP C tit N cif INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, DES MOINES, FEDERAL WAY, KENT, 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 Auburn "Auburn Des Moines "Des Moines Federal Way "Federal Way Kent "Kent 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, Auburn, Kent, and Renton mamtam municipal jails pursuant to chapter 70 48 R.0 W WHEREAS, Des Moines, Federal Way, and Tukwila do not maintain municipal jails, and WHEREAS, cities in King County have been infoiuied 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 Auburn, Des Moines, Federal Way, Kent, 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 Auburn, Des Moines, Federal Way, Kent, 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 Auburn, Des Moines, Federal Way, Kent, 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 terms, 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, Inc. is $161,000. The costs will be allocated amongst the cities as follows: Auburn's funding obligation is $39,026. Des Moines' funding obligation is $6,468. Federal Way's funding obligation is $17,905. Kent's funding obligation is $39,026. Tukwila's funding obligation is $16,261. Renton's funding obligation is $42,314. 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. If additional parties join this agreement the contract amount shall be adjusted as further agreed. 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 defend, indemnify and hold the other Cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including but not limited to reasonable attorney fees and litigation costs, (hereinafter `claims'), caused Interlocal Agreement For Feasibility Study p 2 of 7 solely by the negligence or willful misconduct of such City, its agents, affiliated corporations, officers, officials, employees, volunteers, or lower tier subcontracts (hereinafter tortfeasors), arising out of or in connection with the performance of this ILA. If the negligence or willful misconduct of more than one City or its tortfeasors is a cause of such claims then the liability shall be shared between those Cities in proportion to the relative degree of negligence or willful misconduct between such Cities and such proportion shall apply to the rights of indemnity and defense. Should a court of competent jurisdiction determine that this ILA is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Cites and their tortfeasors, then each City's liability shall be only to the extent of its negligence. Solely for the purposes of this indemnification, each City hereby waives its immunity under Industrial Insurance, Title 51 RCW 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. The provisions of this section shall survive the expiration or termination of this ILA. 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 Interlocal Agreement For Feasibility Study p. 3 of 7 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 primary and 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. directed to: SECTION 8. Contact Persons: Notices provided for herein or questions about the feasibility study should be City of Renton: Penny Bartley, Manager Renton Police Department 1055 So. Grady Way Renton, WA 98057 (425) 430 -7565 City of Auburn: Larry Miller, Assistant Chief Auburn Police Department 340 East Main, Suite 201 Auburn, Washington 98002 City of Des Moines: Tony Piasecki, City Manager 21630 11 Avenue South Des Moines, WA 98198 City of Federal Way: Neal Beets, City Manager 33325 8 Avenue South Interlocal Agreement For Feasibility Study p. 4 of 7 Federal Way, WA 98003 City of Kent: Steve Strachan, Police Chief Kent Police Department 220 4 Avenue South Kent, Washington 98032 City of Tukwila: Rhonda Berry, City Administrator 6200 Southcenter Boulevard Tukwila, WA 98188 SECTION 9. Term: This Agreement shall be effective 2008 and shall remain in effect through the completion of the study, but no later than December 31, 2009, unless otherwise agreed in writing by all parties. SECTION 10. Teimination: Any party may terminate its participation in the Interlocal Agreement without cause by giving the other Cities ninety -days' written notice. The teiininating 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. 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 2008. Date: Attest: The City of Renton, by: City Clerk Denis Law, Mayor Interlocal Agreement For Feasibility Study p. 5 of 7 Date: Attest: The City of Auburn, by: Peter Lewis, Mayor Date: The City of Des Moines, by: Mayor /City Manager Date: The City of Federal Way, by: City Clerk Mayor /City Manager Interlocal Agreement For Feasibility Study p 6 of 7 Approved as to legal form: City Attorney, Renton City Clerk Approved as to legal form: City Attorney, Auburn Attest: City Clerk Approved as to legal form: City Attorney, Des Moines Attest: