HomeMy WebLinkAboutFS 2007-10-15 Item 2B - Interlocal Agreement - Jail Study
City of Tukwila
6200 Southcenter Boulevard. Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
FROM:
Finance and Safety Committee
o 11 I1Jv1JJy
Mayor's Office ~I'" - 0
October 11, 2007
TO:
DATE:
SUBJECT:
lnterlocal Agreement for Jail Study
On Monday, September 17,2007 the Council approved funds to be spent on a Jail Study
to determine the feasibility of establishing a misdemeanant jail facility to be used by Des
Moines, Federal \Vay, Renton and Tubvila. Attached is the proposed [nterlocal
Agreement which formally establishes this cooperative arrangement between the Cities,
and sets forth the lead city and funding arrangement.
Staff requests that this item be referred to the CO\V on 10/22 and Regular Meeting on
11/5 for approval.
Phone: 206-433-1800 . City Hall Fax: 206-433-1833 0 www.cUukwila.wa.us
INTERLOCAL AGREEMENT BET'VEEN
THE CITIES OF DES MOINES, FEDERAL \V A Y, RENTON, AND TUK'VILA
FOR A COOPERATIVE FEASIBILITY STUDY FOR THE CONSTRUCTION
AND OPERATION OF A lVIISDEMEAl\TANT JAIL FACILITY
This Interlocal Agreement ("ILA") is entered into pursuant to Chapter 39.34
RCW by the Cities of Des Moines ("Des Moines"), Federal Way ("Federal V-lay"),
Renton, ("Renton"), and Tukwila ("Tukwila"), all which are municipal corporations of
the State of Washington, hereinafter referred to as "Cities," to provide for the joint
funding of a Cooperative Misdemeanant Jail Study.
WHEREAS, Renton maintains a municipal jail pursuant to R.C.W. 70.48; and
WHEREAS, Des Moines, Federal Vvay, and Tukwila do not maintain municipal
jails; and
'VHEREAS, cities in King County have been informed 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
'VHEREAS, there is inadequate local jail space available to accommodate the
misdemeanant inmates from Des Moines, Federal Way, Renton, and Tukwila; and
WHEREAS, King County cities have, since 2002, been contracting with counties
in Eastern Washington to house misdemeanant inmates at considerable cost for housing
and transport; and
WHEREAS, the cities of Des Moines, Federal 'Nay, Renton, and Tukvvila, 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 ofDLR Group, Inc. to perform the
feasibility study and have agreed upon the scope of work and contract terms for the
study; and
WHEREAS, through the Interlocal Cooperative Act, the cities of Des Moines,
Federal Way, Renton, and Tukvvila have the authority to engage in cooperative efforts
\vhich result in more efficient use of government resources;
NO'V, 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 is $161,000. The costs will be allocated amongst the cities as follows:
Des Moines' funding obligation is $12,880.
Federal Way's funding obligation is $32,200.
TuI0.vila's funding obligation is $37,030.
Renton's funding obligation is $78,890.
Renton will invoice the other cities upon receipt of invoices from the consultant
and invoices are due and payable to Renton within 30 days of receipt.
SECTION 4. Modification of Scope. Any changes in the Scope of Work to
accommodate any additional ovmers or participating agencies shall be borne by those
jurisdictions requesting the change.
SECTION 5. Indemnification and Defense: Each City agrees to indemnify and
defend the other Cities from any claims, damages, losses, and costs, including, but not
limited to, attorney's fees and litigation costs (hereinafter "tort expenses") arising out of
claims by third parties for property damage and bodily injury, including death,
(hereinafter "tort injuries") caused solely by the negligence or willful misconduct of such
City, the City's employees, affiliated corporations, officers, and lower tier subcontractors
in connection with this Interlocal Agreement.
If the negligence or willful misconduct of more than one City that is a party
hereto (or a person identified above for whom each is liable) is a cause of such "tort
injuries," then such "tort expenses" shall be shared between those Cities in proportion to
lnterlocal Agreement
For Feasibility Study - p. 2 of 2
their relative degree of negligence or willful misconduct and such proportion shall apply
to the rights of indemnity and defense.
Each City hereby waives its immunity under Title 51 of the Revised Code of
\Xlashington for claims of any type brought by any City agency or employees against the
other Cities. This waiver is specifically negotiated by the parties and a portion of the
City's payment hereunder is expressly made in consideration for the waiver.
SECTION 6. Applicable Law; Venue; Attorney's Fees: This Agreement shall
be governed by and construed in accordance with the laws of the State of Washington. In
the event any suit, arbitration, or other proceeding is instituted to enforce any term of this
Agreement the parties specifically understand and agree that venue shall be exclusively
in King County, Vvashington. 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 pmiy, evidence of insurance coverage, in the
form of a certificate of insurance from a solvent insurance provider and/or a letter
confirming coverage from a solvent insurance company or pool, which is sufficient to
address the insurance and indemnification obligations set forth in this Agreement.
(B) Each party shall obtain and maintain coverage in minimum liability limits
of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000)
in the aggregate for its liability exposures, including comprehensive general liability,
errors and omissions, auto liability and police professional liability. The insurance policy
shall provide coverage for those events that occur during the term of the policy, despite
when the claim is made.
(C) The insurance policies that shall specify the Cities, its officers, agents, and
employees as additional insured on all coverage with that coverage being 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.
Interlocal Agreement
For Feasibility Study ~ p. 3 of 3
SECTION 8.
Contact Persons:
Notices provided for herein or questions about the feasibilily study should be
directed to:
City of Renton:
Manager Penny Bartley
1055 So. Grady Way
Renton, W A 98057
(425) 430-7565
City of Des Moines:
City Manager Tony Piasecki
21630 11th Avenue South
Des Moines, W A 98198
City of Federal Way:
City Manager Neal Beets
City of Tukwila:
City Manager Rhonda Berry
6200 Southcenter Boulevard
Tukwila, WA 98188
SECTION 9. Term: This Agreement shall be effective
and shall remain in effect through the completion of the study.
,2007
SECTION 10.
Termination: Any party may terminate its participation in
the lnterlocal Agreement without cause by giving the other Cities ninety-days' written
notice. The tem1inating party shall remain fully responsible for meeting its funding
responsibility and other obligations established by this lnterlocal 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.
Interlocal Agreement
For Feasibility Study - p. 4 of 4
IN WITNESS \VHEREOF, the undersigned have entered into this lnterlocal
Agreement as of this
day of
,2007.
Date:
Attest:
The City of Renton, by:
Kathy Keolker, Mayor
City Clerk
Approved as to legal foml:
City Attorney, Renton
Date:
Attest:
The City of Des Moines, by:
, Mayor/City Manager
City Clerk
Approved as to legal fonn:
City Attorney, Des Moines
Date:
Attest:
The City of Federal Way, by:
, Mayor/City Manager
City Clerk
Approved as to legal fonn:
City Attorney, Federal Way
Date:
Attest:
lnterlocal Agreement
For Feasibility Study - p. 5 of 5
The City ofTukwila, by:
, Mayor/City Manager
City Clerk
Approved as to legal foml:
City Attorney. Tukwila
lnterlocal Agreement
For Feasibility Study - p. 6 of 6