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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: L COUNCIL ACTION MEETING E E A'cNDA I ACTION TYPE 'TEE1 %v I l'/,/ 6 I RM fill NYS' gb dautel 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 fLET'VG 0A I ACTVON E,AF Tvpc e 1.2/, I fiM 16'M ')J,F s'b I I I I I I I I 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 22 23 24 25 26 27 28 29 30 31 ;2 33 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. 22 23 24 25 26 27 28 29 Department of Public Safety 30 Approved: 31 32 b i f v .L wrulice c,. 1 1.11dL, 33 King County r by John D. $'pellman, ounty E71e5utive