HomeMy WebLinkAboutRes 0664 - Interlocal Agreement - Use of King County Jail FacilityApproved as to Form:
4 City Attorney
CITY OF TUKWILA,
WASHINGTON
RESOLUTION NO. 664
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING
THE MAYOR TO NEGOTIATE AND EXECUTE A JAIL FACILITY USE AGREEMENT
WITH KING COUNTY.
WHEREAS, from time to time the City of Tukwila finds it
necessary to commit City prisoners to the county jail, and
WHEREAS, the County agrees to furnish its facilities and
personnel for confinement of these prisoners in the same manner and to
the same extent that they furnish for the confinement of their own
prisoners.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
The Mayor is hereby authorized to negotiate and execute a
Jail Facility Use Agreement with King County for the confinement of
City prisoners.
Said agreement is essentially the same as that attached.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this /V ,t day of fl ec e_to b e r 1978.
ATTEST:
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COUNCIL ACTION
MEETING E E A'cNDA I ACTION
TYPE 'TEE1
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November 20, 1978
Hon. Edgar D. Bauch
r;ayor, City of Tukwila
14475 59th Avenue South
Tukwila, WA 98168
Dear Mayor Bauch:
Re: Jail Facility Use Agreement
The agreement between King County and cities contracting for jail
services became effective January 1, 1972. Automatically renewed from
year to year, it is now dated. Pursuant to that agreement, paragraph 4,
this letter serves as written notice of the County's intent to modify
the agreement. A signed copy of the modified agreement is attached.
The agreement has been modified to allow a fee adjustment each year.
Fees will be based on 67% of projected costs for daily jail services.
Regarding the fee, the County has been compiling a cost per prisoner
day. In 1975 the cost was $21.89 a day; in 1976, $20.91; in 1977, $20.63;
in 1978, $21.22. This cost varies with the total costs and the number of
prisoner days. In 1975 the projected costs were $3,248,979 and the
average daily 1974 population was 407. By 1978 the projected costs were
$5,631,343 and the average daily 1977 population was 727. 1979 projected
costs are not yet determined but will be somewhat higher and daily popula-
tion is expected to be 767. Following County Council approval of the
County budget (early in December), 1979 projected costs will be compiled
and forwarded to ou.
Sincerely
John y Spel
Co Executive
Enclosure
John D. Spellman
County Executive
King County Courthouse
Seattle, Washington 98104
(206) 344-4040
COUNCIL ACTION
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JAIL FACTT.TTY USE AGREEMENT
1. This Jail Facility Use Agreement is entered into by King
County, a municipal corporation and legal subdivision of the State of
Washington, hereinafter called "County and such cities or towns which
choose to join as contracting parties to this Agreement, hereinafter
called "City
2. The County is charged with the responsibility under state
law for maintenance of a county jail and also administers certain other
correctional facilities. The City from time to time desires to commit
city prisoners to the county jail. The County agrees to furnish its
facilities and personnel for confinement of city prisoners in the same
manner and to the same extent as the county furnishes for the confinement
of its own prisoners. Such facilities include not only the jail proper,
but the work release program, and each is hereinafter called the "jail
3. The City agrees to pay to the County for each prisoner 67%
of the County's cost of each day or portion thereof of confinement. The
cost will be computed each November as follows, to be effective the next
following calendar year:
(a) The County will compute prisoners days for the current
year based on 11 months actual population, projected to
annualized figure;
(b) The County will factor in the percentage of cost represented
by the annualized population figure derived in 3a above,
based on the Department of Rehabilitative Services figures
for facility cost for the subsequent calendar year;
(c) The City will be notified of the annual cost adjustment
for the subsequent year no later than December 15;
(d) Notification will be accompanied by (supporting) budget
and population data;
(e) Billing for prisoners for subsequent days of confinement
shall be based on the number of City prisoners in the jail
as of 1:00 a.m. daily;
(f) The County agrees to bill monthly for all sums described
herein, and the City agrees to remit promptly on receipt
of such billings;
(g) The cost to the City for 1979 shall be
per prisoner day.
4. This Agreement shall be effective January 1, 1979 and will
terminate December 31, 1979. It shall automatically renew from year to
year unless otherwise modified or terminated as provided herein. This
Agreement may be terminated by either party upon 30 days written notice
from the party desiring termination. This Agreement may be modified so
long as the party desiring modification proposes the modification in
writing, at least 30 days before the proposed date on which modification
would become effective, except as set forth in paragraph 3 above.
5. The City agrees to maintain a policy of liability insurance
including personal injury liability or false arrest insurance in lieu of
personal injury liability insurance which will insure the County, its elected
and appointed officers and their deputies and employees from any liability
arising from the rendition of services by the County under this Agreement.
The limit of such insurance shall be at least $100,000 for any one person
and $300,000 for any one occurrence. The City agrees to furnish the County
with a duplicate policy of such insurance. Any duty owed to the City by
the County under this Agreement shall terminate forthwith upon termination
of or failure to renew such insurance protection, unless agreed to in
writing by the County, shall not operate to terminate any duty of the City.
6. The City will defend, indemnify and save harmless, the County,
its elected and appointed officers, deputies, and employees from and
against any damage, cost, claim or liability arising out of this Jail
Facility Use Agreement, except for such damage, cost, claim or liability
resulting solely fiuia the willful or negligent acts or omissions of the
County, its officers, deputies or employees.
7. The City agrees to abide by and comply with such reasonable
rules and regulations as shall from time to time be set forth by the County,
its authorized officers, deputies or employees governing delivery to,
confinement in, and discharge from the jail.
DATED
KING COUNTY
BY
8. This Jail Facility Use Agreement is the expression
the terms hereto and any oral representations or understandings not
incorporated herein are excluded. Failure to comply with any of the
provisions stated herein shall constitute a material breach of the Agree-
ment and cause for termination. Both parties ret_kJnize time is of the
essence in the performance of this Agreement. It is also agreed that
forgiveness of the non- performance of any provision of this Agreement
does not constitute a waiver of the provisions of this Agreement.
9. IN WITNESS WHEREOF, the parties hereto cause this
Agreement to be executed day and year hereinafter written.
JOHN D. SPELL MAN
County Executive
DA TED
CITY
BY
Approved as to form:
CHRISTOPHER T. BAYLEY
Prosecuting Attorney
By ROBERT I. STIER
Deputy Prosecuting Attorney
of
1 1. This is a memorandum of an agreement between King County,
2 a municipal corporation and a legal subdivision of the state of
3 Washington, hereinafter called "the county and such cities or
4 towns which choose to join as contracting parties to this agree-
5 ment, hereinafter called "the city
6 2. The county is charged with the responsibility under state
7 law with maintenance of a County Jail and also administers certain
8 other correctional facilities. The city from time to time wishes
9 to commit city prisoners to the Jail. The county agrees to
10 furnish its facilities and personnel for confinement of city
11 prisoners in the same manner and to the same extent as the county
12 furnishes for the confinement of its own prisoners. Such facili-
13 ties include not only the jail proper but the work release
14 program, Cedar Hills Alcoholic Treatment Center, and Problem
15 Drinking Driver Grant Programs, and all are hereinafter referred
16 to as "the Jail
17 3. The city agrees to pay to the county for each prisoner
18 the sum of $6.00 towards the cost of booking said prisoner in
19 and out of the Jail and for the first day or portion thereof
20 of confinement. In addition to the above sum, the city agrees to
21 pay to the county for each subsequent day of confinement or
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MEMORANDUM OF AGREEMENT
portion thereof the sum of $6.00 per day for each of the prisoner:
confined in the Jail under this agreement. Billing for prisoners
for subsequent days of confinement shall be based on the number
of city prisoners in the Jail as of 7:00 A.M. daily. The county
agrees to bill monthly for all sums described hereunder, and the
city agrees to remit promptly on receipt of such billing.
4. This agreement shall effective on the first day of
January•, 1972, and will terminate December 31, 1972. It shall
automatically renew from year to year until otherwise modified or
terminated. This agreement may be terminated by either party,
efi ccLivc no le:,:, .i0 days aftut recoipt of writluii l:ut.it•.•
J1 'r'il h,' th(' part.y soul: .n'.f to terminate. Thi .lyree nL' ^1:'1' hr
1 modified only after 30 days written notice prior to the effective
2 date of 'any proposed modification.
3 5.' the city agrees to maintain a policy of liability insur-
4 ance which will insure the county and its elected and appointed
5 officers and their deputies and employees from any liability
6 arising from the rendition of services by the county under this
7 agreement. The policy limits of such insurance shall be at least
8 $100,000 for any one person, and $300,000 for any one occurrence.
9 The city agrees to furnish the county with a duplicate policy of
10 such insurance. Any duty owed to the city by the county under
11 this agreement shall terminate forthwith upon termination of or
12 failure to renew such insurance protection but such shall not
13 operate to terminate any duty of the city.
14 6. The city agrees to abide -by and comply with such reason-
15 able rules and regulations as shall from time to time be set forth
16 by the keeper of the Jail or his authorized deputies, agents or
17 employees governing delivery to, confinement in, and discharge
18 from the jail.
19 As evidence of the county's intent to enter into the above
20 and abide by this agreement, the signature of the County Executive
21 is affixed hereto this 29 day of December, 1971.
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29 Department of Public Safety
30 Approved:
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King County
r
by
John D. $'pellman, ounty E71e5utive