10-11-2022 PRHSPSC Packet - RegularCity of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
October 11, 2022
5:00 p.m. Federal Way City Hall — Council Chambers
MEETING AGENDA
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start of the meeting
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of September 13, 2022 Minutes
B. Report on PAEC Operations
C. Jail Services Contract — King County Jail
D. Jail Services Contract — Issaquah City Jail
E. Interlocal Agreement Amendment between City of
Federal Way and Federal Way Public Schools for School
Resources Officer
Committee Members
Jack Walsh, Chair
Lydia Assefa-Dawson
Erica Norton
must be submitted at least 1-hour Drior to the
Presenter
Page
Action
Council
or Info
Date
3
Action
N/A
Gressett
7
Information
N/A
Only
Schwan
11
Action
Consent
10/18/22
Schwan
37
Action
Consent
10/18/22
Murphy
49
Action
Consent
10/18/22
City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
K:\PRHSPS Committee\2022\10-11-2022 Agenda.doc
Topic Title/Description
F. ORDINANCE: Modifying the City's Regulation
of Shopping Carts
Presenter Page Action Council
or Info Date
van Alstyne 53 Action Ordinance
First
Reading
10/18/22
4. OTHER
5. FUTURE MEETING: The next PRHSPS meeting will be November 8, 2022 at 5:00 p.m.
6. ADJOURNMENT
The Council Committee may add items and take action on items not listed on the agenda at any regularly
scheduled meeting.
Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee
Meetings online please visit FWTV at www.citvoffederalway.com.
Committee Members
Jack Walsh, Chair
Lydia Assefa-Dawson
Erica Norton
City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
K:\PRHSPS Committee\2022\10-11-2022 Agenda.doc
City of Federal Way
City Council
PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, September 13, 2022
5:00 p.m.
SUMMARY
Committee Members Present: Chair Walsh, and Committee member Norton
Committee Member Present via Zoom: Committee member Assefa-Dawson
Council Members Present: Council President Kochmar and Deputy Mayor Honda
Staff Members Present: Kent Van Alstyne, Assistant City Attorney, Deputy Chief of Police Steve Neal,
Brian Davis, Interim City Administrator, Autumn Gressett, Contract Administrator, Jason Gerwen, Parks
Deputy Director and Mary Jaenicke, Administrative Assistant II.
Guests: Brian Hoffman, General Manager of Spectra, Board of Directors Mary Gates and Jeanne
Burbidge from the Federal Way Performing Arts Foundation.
Chair Walsh called the meeting to order at 5:00pm
BUSINESS ITEMS
Public Comment
Susan Strong stated that Shopping carts are taken by the homeless to move their possessions around
town. Possession of a shopping cart off the store property needs to be treated as a theft; there must be
penalties for stealing a shopping cart. Without penalties the stealing will continue.
Christine Smart, the Makerspace Librarian spoke about the Grand Opening to be held on September 17 at
10:30am. The mission of the Makerspace is to develop science, technology, engineering, arts and math
skills at your community library.
Ken Blevins: Spoke about how important the shopping cart ordinance is to the city. There are state laws
that have the requirements that retailers are supposed to follow. He stated that many of the retailers are
national chains and they place specific plaques on carts for each city; they buy them in bulk. He stated
that it's up to the city to explain exactly what we want from them.
Anna Patrick stated that shopping carts are a huge problem and that they've been trying to solve this
problem for a very long time. The city has been trying to address this in various ways; it's not an easy
solution. People that are walking around with shopping carts are stealing them and items in the cart are
often stolen. If the shopping cart is labeled with the business and with the warning that that shopping cart
belongs to the store it needs to go back to the store. Ms. Patrick added that city workers need to be
empowered and able to tell them that the shopping cart does not belong to them and hand them a bag for
their items and return the cart to the store. She is hoping that the city can come up with something
feasible, but is aware that there is a staffing issue. Panhandling and people walking around with shopping
carts full of stuff is not a good look for the city.
Craig Patrick spoke in favor of a cart ordinance. He stated that he is not concerned with the taking of the
carts, but if there's an ordinance it would give the opportunity for city staff to engage with these
individuals and see if they could benefit from services or contact them and see if they have any warrants
or offer them other options other than a cart. He added that it's not a good look for the city to have
abandoned shopping carts or people pushing shopping carts around the city; it sends a message that we
don't care about the community.
Geoffrey Tancredi stated that in the past few years there have been people walking around with the carts;
they don't look healthy and it's not a good look for Federal Way. It's also not good for them, many of
K:\PRHSPS Comm ittee\2022\09-13-2022 Minutes.doc 3
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, September 13, 2022 Summary
Page 2
them have drug problems. They need help and get off the street. He would like these individuals to be
arrested or taken off the street and get them into treatment. Mr. Tancredi suggested taking the first two
floors of the hotel that the city bought and turn. then. into treatment centers.
Carolyn Hoover stated that she has very strong opinions about this issue as a business owner and a
community resident. The business side of the shopping cart theft should be an easy conclusion. Laws of
theft should be applied evenly no matter who you are. Stores have tried to deter the behavior and some
stores have given up entirely. This ordinance is needed to help businesses. The homeless who are stealing
carts do so to make the transportation of their belongings up and down the roads and into the woods. We
don't call it stealing because we think that's compassionate to help them live this lifestyle when in reality
we are enabling them. Ms. Hoover told a story about meeting a woman on the streets two years ago, who
just a few months ago was given a shopping cart theft citation. Ms. Hoover has been accompanying her
to court for the past month. This is the best chance for her to move forward in her life. She accepted the
chance to defer her jail sentence to our community court. It is now up to her to take advantage of this
opportunity.
Approval of Minutes
Committee member Norton motioned to approve the July 12, 2022 minutes as written. Committee
member Assefa-Dawson seconded. Motion passed.
Shopping Carts — Discussion Only
Staff Davis reviewed the proposal that he received from Chair Walsh and Council member Dovey. He
also provided statistics regarding shopping cart complaints and retrieval from January 2022 to August
2022. The average number of carts collected is 150 per month. City staff typically retrieve more carts
than are actually complained about. There was an increase in the number of carts that were in seen in the
City because of a staff shortage. Now that they're fully staffed the number of complaints has decreased
and the retrieval of carts has increased. Staff Davis stated that there are two issues: 1) the act of the
people that we are dealing with and 2) shopping carts. Some people want to deal with both issues at the
same time and others want to deal with the issues separately. He stated that the proposal needs to be
reworked in order to work and he does not have an alternative solution at this time, but he would like to
continue the conversations regarding this issue. Citing a person that cannot pay for it is ineffective and
arresting them for an offense that the jail is not going keep them is also ineffective. It is a struggle to
dedicate police resources to an end goal that is difficult to envision what it would result in. If it does go
to court they can state that they didn't steal it then they'll be released if there are not any witnesses. A
long discussion took place regarding the proposed ordinance. Council President Kochmar asked how
does the city get the carts back tothe stores without penalizing the store owners. She would like to have
an ordinance on the books to be used as a tool. Staff Davis replied that he agrees, but he does not want to
have an ordinance on the books that is not effective or enforceable. This program would require a full-
time and a part-time staff person to collect the carts, inventory their belongings and a storage unit to store
their belongings. Deputy Mayor Honda stated that it's not a bad idea to have an ordinance against
shopping cart theft and the proposed ordinance is a good start but it needs more work. Council President
Kochmar suggested creating a task force for this issue. The task force would included store owners,
members of the community, police and city staff. Staff Davis stated that the Supervisor of this program is
also the Supervisor of the building division and he is down two staff on the building side. Staff Davis is
currently trying to hire an Economic Development Director and doing the budget. He stated that he
would have more time to focus on this issue once the vacant positions have been filled and he is thru the
budget process and the Supervisor of the program would also have more time to sit down and talk and
collaborate on this issue. He would like to come back to Council at the beginning of 2023. He does not
want to take something that has not been vetted with the current operations and legal research and put it
on the books just to have something on the books. Committee Chair Walsh is in agreement with creating
a task force with representation from the stores, citizens, Council and staff. Committee member Assefa-
Dawson stated that she is concerned about penalizinj someone $500; it's not realistic they cannot afford
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, September 13, 2022 Summary
Page 3
that. The cart is used to carry haul things around and she agrees with the suggestions of providing a
duffel bag and perhaps that would minimize people needing a cart. She also suggested having someone
that has experienced homelessness serve on the task force. Staff Davis would like to dedicate December,
January and February to the development of an ordinance and report back to the committee in March
with a proposal that works for everyone. Committee Chair Walsh would like to have a task force
developed by December.
Report on PAEC Operations
Spectra General Manager Brian Hoffman provided an update on events that were held at the Performing
Arts and Event Center (PAEC) for the month of June and July. The PAEC hosted two events in July and
they were closed for a little over two weeks for their annual updates and maintenance. Some of the
updates included painting the stage, annual inspection of the pit lift, fire alarm panel system and the
elevators. They also attended various meetings throughout the month. The broken lobby window was
replaced, landscaping was completed throughout the property and there were multiple fire calls for
burning or smoldering beauty bark. Mr. Hoffman also reviewed the financials for June and July 2019 vs.
2022. Thru the end of the year they are forecasting to beat budget by about $150,000.00. They are about
$90,000.00 up in gross revenues through July. In partnership with the Federal Way Performing Arts
Foundation there will be the annual Gala Fundraiser at the PAEC on October 151h. Proceeds from the
event will help support the Arts for Youth program. Jeanne Burbidge and Mary Gates were present to
answer questions regarding the MOU between the Federal Way Performing Arts Foundation and the Arts
Commission, provide an update on the upcoming gala and discuss how their mission benefits the
Performing Arts and Event Center. The mission of the Performing Arts Foundation is to advance,
enhance and enrich performing arts in the community.
King County Registered Sex Offender Cost Reimbursement Agreement
Deputy Chief Neal presented the background information. This is a grant that the department receives
every year. The maximum amount of the grant is $16,982.87 and it is used to pay for officer overtime
expenses incurred while verifying current addresses and residencies of sex and kidnaping offenders.
Committee member Norton moved to forward the proposed agreement to the September 20, 2022,
consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed.
Agreement between the Washington Traffic Safety Commission (WTSC) and the Federal Way
Police Department to Provide Grant Funding for Traffic Enforcement
Deputy Chief Neal presented the background information. The City of Federal Way will receive $5,000
in grant money from WTSC to work overtime emphasis patrols focused on distracted driving
enforcement. Committee member Norton moved to forward the IAA between WTSC and FWPD to
the September 13, 2022 (September 20, 2022) (Scrivener Error) City Council Consent Agenda for
approval. Committee member Assefa-Dawson seconded. Motion passed.
Puget Sound Auto Theft Task Force (PSATT) — 2022 Mini Grant Award
Deputy Chief Neal presented the background information. The FWPD has been a member of the Puget
Sound Auto Theft Task Force for many years. Several agencies along with the State Patrol participate in
this program. Committee member Norton moved to forward the proposed mini grant award for
PSATT to the September 6, 2022 (September 20, 2022) (Scrivener Error) City Council Consent
Agenda for approval. Committee member Assefa-Dawson seconded. Motion passed.
CJTC BLEA TAC — Officer Agreement
Deputy Chief Neal presented the background information. The TAC officers are made up from Police
Officers around the state. There is only one academy in the state of Washington. The academy depends
on departments that have the ability to send someone to become an instructor. This will save the City the
salary and benefits in exchange for one FWPD offi&r being assigned as a TAC-officer at the academy.
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, September 13, 2022 Summary
Page 4
Having a FWPD TAC-officer at the BLEA benefits the agency by way of priority enrollment for student
officers from our agency; the normal wait time is 4-6 months. Committee member Norton moved to
forward the proposed agreement. to the September 20, 2022, consent agenda for approval.
Committee member Assefa-Dawson seconded. Motion passed.
Contracted Electrical Services Request for Quotes
Staff Gerwen provided the background information. The City has used contracted electrical services for
as -needed routine electrical repairs and maintenance at all City of Federal Way facilities. We are
required to re -bid this type of service every three years. Committee member Norton moved to forward
the proposed request for quotes to the September 20, 2022, consent agenda for approval.
Committee member Assefa-Dawson seconded. Motion passed.
Other Business
None
NEXT REGULAR MEETING
September 13, 2022
ADJOURNMENT
Meeting adjourned at 6:38 p.m.
31
POLICY QUESTION: N/A
COMMITTEE: PRHSPS MEETING DATE: 10/11/2022
CATEGORY:
❑ Consent ❑ Ordinance
❑ City Council Business ❑ Resolution
STAFF REPORT BY: Autumn Gressett, Contract Administrator
....._.__.__........................................................................................................................
Attachments: REPORT ON PAEC OPERATIONS
Options Considered: N/A
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
❑ Public Hearing
® Other — Information
Onlv
DEPT: Parks/PAEC
DIRECTOR APPROVAL:
Council Initial/Date
Initial/Date
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
- 4/2019
RESOLUTION #
7
Performing Arts and Event Center
Monthly Report — August 2022
Presented at Parks, Recreation, Human Services & Public Safety Committee
October 11, 2022 5:00pm
• Total Usage Days —August 11
• Theater Rentals/PAEC Presents Held in August
■ The Wilder Blue Concert
■ 5th Year Anniversary Concert & Movie
• Event Space Rentals Held in August
■ Multiple days of filming for Community Nutrition
■ 8/3 — Greater Federal Way Chamber Luncheon
■ 8/9-10 — FW Public Schools Admin Retreat
■ 8/22 — FW Public Schools New Teacher Breakfast
■ 8/26 — FW Public Schools Board Retreat
■ 8/27 — Private Rental — Birthday Party
• GM — participated in Bi-Weekly regional GM conference calls
• GM — participated in weekly Gala meetings and monthly Foundation Board meetings
• OVG Bi-Weekly regional booking calls,,Bi-Weekly national booking calls
• Monthly corporate finance call
• GM — participated in LTAC monthly meeting
• Replaced and fixed up -lights in art work bed
• Re -stripped parking lot
• Weekly budget meetings
August Marketing Recap
Website Metrics
Radio
KNKX
Sessions
3.2k up 17%
Audacy
Total Pageviews
7.3k up 28%
Email Statistics
Print
FW Mirror
Messages Sent
25,664
Open Rate
53%
Click Rate
31% TV
Cascade
Social Media (Facebook) last 28days
Page Followers 3,730
Post Reach 83243
Engagements 24028
Digital
Miscellaneous
FB
Instagram
C
1
Performing Arts and Event Center
Monthly Report — August 2022
Total Rehearsal Days
0
0
0
Performing Arts Rentals
0
0
0
PAEC Presents Series
0
0
1
Arts 4 youth Matinees
0
0
0
Minor Concerts
2
0
2
Meetings/Banquets
2
5
7
Total Number of Events
4
6
30
Total Number of Tickets Sold
418
0
187
Total Gross Ticket Revenue
$26,887.00
0.00
$1,302.00
Total Gross Rental Revenue
$9,580.00
$46,158.00
$41,320.00
Total Gross Food & Beverage Revenue
$6,400.00
$22,918.00
$21,508.00
•'Fedemi Way Youth Symphony Rehearsals per MOU are at no cost to RAO
Approximate cost to the RAEC per week: $155In Labor ♦ $250 per rehearsal day In Utilities = $405
Four times per morth =$1620/month. (Approximate yearly cost $19,440.00) this is just rehearsals and does not include 3 performances per year.
UPCOMING EVENTS
Oct. 5 — Greater Federal Way Chamber Luncheon
Oct. 11-12 — King County Health Dept.
Oct. 11, 14, 16 — FW Symphony Rehearsals and Performance
Oct. 15—Foundation Gala — One Night In Memphis
Oct. 20 — MSC Luncheon
Oct. 21-22 — Evergreen District Babershop Competition
Oct. 28 — Funny4Pink Comedy show
CiTY OF
Federal Way
Centered on Opportunity
This page was intentionally left blank.
10
COUNCIL MEETING DATE: October 18, 2022
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: JAIL SERVICES CONTRACT —KING COUNTY JAIL
POLICY QUESTION: Should the Federal Way Police Department enter into a 2023-2024 (2 year) contract with
the King County Jail forjail services at the cost of approximately $548,000 annually?
COMMITTEE: PRHS&PSC MEETING DATE: Oct 11, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kurt SCIIWan, Professional Standards Commander DEPT: Police
—_.— .............—
Attachments:
1. Staff Report
2. King County Jail Contract
Options Considered:
1. Approve the execution of this contract
2. Do not approve _this amendment ..__.......__.._
MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract
DIRECTOR
COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Issaquah City Jail to
the October 18, 2022, Council consent agendafor approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the King County Jail and
authorize the Mayor to sign said agreement ".
!BELOW TO BE COMPLETED BY CITYCLERA"S OFFICE)
COUNCILACTION:
❑ APPROVED COUNCILBILL#
El DENIED Firstrcading
❑ TABLEDMEFERREDMO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE#
REVISED— t2n017 RESOLUTION#
11
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 11, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Jail Services Contract — King County Jail
Financial Impacts:
The King City Jail is one of the jail services providers we utilize to house our inmates. The
projected annual cost to utilize the King County Jail will be approximately $548,000.
Background Information:
On January 1, 2020, the Federal Way Police Department moved away from a sole source jail
services provider and began utilizing multiple jail facilities to accommodate our jail services
needs while also creating an overall annual savings of $2,085,672 to our jail budget. Since
the transition, the department has operated within the allocated budget in part due to the
reduction of jail services COVID pandemic
The King County Jail is one of the jail services providers we utilize to house our inmates.
The projected annual cost to utilize the King County Jail would be approximately $548,000.
This projection is made from the our most recent Average Daily Population (ADP) numbers
as well as the monetary increases due to the contract expenses being directly related to local
CPI, which is up approximately 9.0% from a year ago.
The King County Jail is not a primary booking location for our officers when housing
misdemeanor violators, however the jail does provide medical and mental health services
that some of our other jail service providers do not offer. For this reason alone, we must
continue to utilize the King County Jail for prisoner housing.
12
Rev. 7/18
Attachment A
Interlocal Agreement Between
King County and The City of Federal Way
for Jail Services
THIS AGREEMENT is effective as of January 1, 2023 ("Effective Date"). The Parties to this Agreement
are King County, a Washington municipal corporation and legal subdivision of the State of Washington
(the "County") and The City of Federal Way, a Washington municipal corporation (the "City").
WHEREAS, this Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter
39.34) and the City and County Jails Act (RCW Chapter 70.48);
NOW THEREFORE, in consideration of the promises, payments, covenants and agreements contained in
this Agreement, the parties agree as follows:
Definitions: Unless the context clearly shows another usage is intended, the following terms shall
have these meanings in this Agreement:
1.1 "Agreement" means this Interlocal Agreement by and between King County and the City
for Jail Services and any amendments to this Agreement.
1.2 "Booking" means registering, screening and examining persons for confinement in the Jail
or assignment to a King County Community Corrections Division (CCD) program;
inventorying and safekeeping personal property of such persons; maintaining all
computerized records of arrest; performing warrant checks; Jail Health Services (JHS)
health screening; and all other activities associated with processing a person for
confinement in Jail or assignment to a CCD program.
1.3 "Booking Fee" means the fee incurred for booking City Inmates, as further described in
Exhibit II1, Section 2.
1.4 "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except
emergency facility closures, holidays and County -designated furlough days.
1.5 "City Detainee" means a person booked into or housed in a Secure Detention facility such
as the Jail but also including any other Secure Detention facility not operated by or on
behalf of the County, which individual would, if housed in the Jail, qualify as a City Inmate.
1.6 "City Inmate" means a person booked into or housed in the Jail when a City charge is the
principal basis for booking or confining that person.
A. A City charge is the principal basis for booking or confining a person where one or more
of the following applies, whether pre-trial or post -trial. (See Exhibit I for further billable
charge rules.):
13
Interlocal Agreement: Jail Services — City of Federal Way
1.6.1 The person is booked or confined by reason of committing or allegedly committing a
misdemeanor or gross misdemeanor offense within the City's jurisdiction, and:
1.6.1.1 The case is referred to the City, through its City Attorney or contracted
attorney, for a filing decision; or
1.6.1.2 The case is referred to the City, through its City Attorney or contracted
attorney, who then refers the case to the County Prosecutor for a filing
decision per section 1.6.2; or
1.6.1.3 The case is filed by the City, through its City Attorney or contracted
attorney, whether filed under state law or city ordinance.
1.6.2 The person is booked or confined by reason of committing or allegedly committing a
misdemeanor or gross misdemeanor offense, whether filed under state law or city
ordinance, within the City's jurisdiction and the case is referred by the City, through
its City attorney or contracted attorney, to the County prosecutor and filed by the
County prosecutor as a misdemeanor in district court due to a conflict or other reason
but excluding a case filed in a regionally -funded mental health court as described in
Section 1.6.10.
1.6.3 The person is booked or confined by reason of a Court warrant issued either by the
City's Municipal Court or other court when acting as the City's Municipal Court;
1.6.4 The person is booked or confined by reason of a Court order issued either by the City's
Municipal Court or other court when acting as the City's Municipal Court; or,
1.6.5 The person is booked or confined by reason of subsections 1.6.1 through 1.6.4 above
in combination with charges, investigation of charges, and/or warrants of other
governments, and the booking or confinement by reason of subsections 1.6.1 through
1.6.4 above is determined to be the most serious charge in accordance with Exhibit I.
1.6.6 The person has been booked or confined for reasons other than subsections 1.6.1
through 1.6.5 and would be released or transferred but for the City having requested
that the County continue to confine the person.
B. A City charge is not the principal basis for confining a person where:
1.6.7 The person is booked or confined exclusively or in combination with other charges
by reason of a felony charge or felony investigation.
1.6.8 The person is confined exclusively or in combination with other charges by reason of
a felony charge or felony investigation that has been reduced to a State misdemeanor
or gross misdemeanor.
1.6.9 The City has requested the transfer of the person to another jail facility not operated
by King County and the County denies the request, unless one or more of the transfer
exception criteria listed in Attachment I-2 are met, in which case the person remains
a City Inmate. The billing status of the person will change to no longer be the City's
responsibility effective the calendar day following the day that the County denies the
transfer request. If the County thereafter determines that it no longer needs to detain
the person and the person would as a result become a City Inmate, then the County
will provide notice to the City that it will become billable for the Inmate. For details
on notice and billing, see Attachment I-2.
2
14
Interlocal Agreement: Jail Services — City of Federal Way
1.6.10
The person is booked or confined by reason of committing a misdemeanor or gross
misdemeanor offense, whether filed under state law or city ordinance, within the
City's jurisdiction and the case is referred by the City attorney or contracted attorney
to the County prosecutor and filed by the County prosecutor as a misdemeanor in the
mental health court (or successor) for so long as the operations of such court are
substantially funded by special regional funds (for example, Mental Illness and Drug
Dependency sales tax levy) or other regional funding as the County may determine.
The County shall provide the City thirty (30) days Notification before changing the
status of a regionally -funded mental health court to local funding status. The City is
not billed for cases filed by the County prosecutor into mental health court prior to
changing to local funding status.
1.7 "Community Corrections Programs" means programs designed as alternatives to, or as
rehabilitation or treatment in lieu of, Secure Detention, operated by or on behalf of the
King County Department of Adult and Juvenile Detention (DAJD) Community
Corrections Division, or its successor. Upon the date of the execution of this Agreement,
Community Corrections Programs include Electronic Home Detention and Community
Center for Alternative Programs (CCAP).
1.8 "Continuity of Care Records" means an Inmate's diagnosis, list of current medications,
treatments, PPD (tuberculosis screening test) results and scheduled appointments or
follow-ups.
1.9 "Contract Cities" mean cities that are signatory to an agreement in substantially similar
form to this Agreement. Contract Cities do not include cities who are a party to the 2012-
2030 Agreement.
1.10 "Contract Cities Inmates" means all Contract Cities' City Inmates.
1.11 "County Imnate" means any Inmate that is not a City Inmate.
1.12 "DAJD" means the King County Department of Adult and Juvenile Detention or its
successor agency.
1.13 "Fees and Charges" are the Fees and Charges imposed as described in Section 4 and
Exhibit III.
1.14 "Force Majeure" means war, civil unrest, and any natural event outside of the party's
reasonable control, including pandemic, fire, storm, flood, earthquake or other act of
nature.
1.15 "Inmate" means a person booked into or housed in the Jail.
1.16 The first "Imnate Day" means confinement for more than six (6) hours measured from the
time such Inmate is first presented to and accepted by the Jail for housing in the Jail until
the person is released, provided that an arrival on or after six (6) o'clock p.m. and
continuing into the succeeding day shall be considered one day. The second and each
subsequent Inmate Day means confinement for any portion of a calendar day after the first
Inmate Day. For persons confined to the Jail for the purpose of mandatory Driving Under
the Influence (DUI) sentences, "Imnate Day" means confinement in accordance with
Exhibit II.
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Interlocal Agreement: Jail Services — City of Federal Way
1.17 "Jail" means a place owned or operated by or under contract to the County primarily
designed, staffed, and used for the housing, in full confinement, of adults charged or
convicted of a criminal offense; for the punishment, correction, and rehabilitation of
offenders charged or convicted of a criminal offense; for confinement during a criminal
investigation or for civil detention to enforce a court order, all where such place is
structured and operated to ensure such individuals remain on the premises 24-hours a day
(excluding time for court appearances, court approved off -premises trips, or medical
treatment). Inmates housed in the Jail are considered to be in Secure Detention as defined
in Section 1.37. Upon the date of the execution of the Agreement, Jail includes the King
County Correctional Facility and the detention facility at the Maleng Regional Justice
Center.
1.18 "Maintenance Charge" is the daily housing charge incurred for City Inmates housed in Jail
as further described in Exhibit III, Section 1.
1.19 "Medical Inmate" means an Inmate clinically determined by the Seattle -King County
Department of Public Health, or its successor charged with the same duties, as needing the
level of services provided in the Jail's infirmary. If an Inmate is moved to the general
population, then the Inmate is no longer considered a Medical Inmate.
1.20 "Notification" means provision of written alert, confirmation of information or request
meeting the requirements of Section 11.11. In contrast, a "notice" means providing alert or
confirmation of information or request in writing to the individuals identified in Section
11.11, or their designee (as may be specified through a formal Notification) through means
less formal than required by Section 11.11, including but not limited to electronic mail or
facsimile.
1.21 "Official Daily Population Count" is an official count of Inmates in the custody of the Jail
made at a point in time in a 24-hour period for, among other purposes, security and
population management. It is not used for billing purposes.
1.22 "Offsite Medical Care Charges" means those pass -through charges for treatment of a City
Inmate where that Inmate is clinically determined by the Seattle -King County Department
of Public Health, or its successor charged with the same duties, as needing services
provided from offsite medical institutions, as further defined in Exhibit III Section 4. An
Inmate may receive Offsite Medical Care that triggers an Offsite Medical Care Charge
without being otherwise classified as a Medical Imnate or Psychiatric Inmate (e.g., some
Inmates held in the general population receive offsite medical care that will result in Offsite
Medical Care Charges being incurred).
1.23 "Psychiatric Inmate" means either an Acute Psychiatric Inmate or a Non -Acute Psychiatric
Inmate, as defined below.
1.23.1 A "Non -Acute Psychiatric Inmate" is an Inmate clinically determined by the Seattle -
King County Department of Public Health, or its successor charged with the same
duties, as needing Psychiatric Care Services (as further described in Exhibit III and
Attachment III-1) and housed outside the Jail's acute psychiatric housing units.
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Interlocal Agreement: Jail Services — City of Federal Way
1.23.2 An "Acute Psychiatric Inmate" is an inmate clinically determined by the Seattle -King
County Department of Public Health, or its successor charged with the same duties,
as needing the level of services provided in the Jail's acute psychiatric housing units
(as further described in Exhibit III and Attachment III-1). If an Inmate is moved to
housing outside the Jail's acute psychiatric housing units then the Inmate is no longer
considered an Acute Psychiatric Inmate.
1.24 "Parties" mean the City and County, as parties to this Agreement.
1.25 "Secure Bed Cap for Contract Cities" means the maximum total number of beds in Secure
Detention in the Jail available on a daily basis to house Contract Cities Inmates in the
aggregate. The Secure Bed Cap for Contract Cities is based on the Official Daily
Population Count and is established in Section 6.
1.26 "Secure Detention" refers to a facility structured and operated for the full confinement of
City Detainees to ensure such individuals remain on the premises 24-hours a day
(excluding time for court appearances, court approved off -premises trips, or medical
treatment), such as the Jail but also including other similar facilities that the City may elect
to house City Detainees. Secure Detention excludes City Inmates enrolled in Community
Corrections Programs.
1.27 "Surcharge" means any of the following special charges, defined in Exhibit III, Section 3
and further described in Attachment III-1: Infirmary Care Surcharge; Non -Acute
Psychiatric Care Surcharge; Acute Psychiatric Care Surcharge; and 1:1 Guarding
Surcharge.
1.28 "2012-2030 Agreement" means the agreement executed by the County and the City of
Seattle effective on January 1, 2012, together with any other Interlocal agreement in
substantially the same form of said agreement executed by the County and another city.
1.29 "Base Year" refers to the year in which the base fees, charges and surcharges are set.
Term. This Agreement shall commence on the Effective Date and shall extend through December
31, 2024. This Agreement shall supersede all previous contracts and agreements among the Parties
relating to the Jail and any other jail services, except that any obligations contained in these
previous contracts or agreements which expressly survived termination or expiration of these
previous contracts or agreements shall remain in effect.
Jail and Health Services. The County shall accept City Inmates for confinement in the Jail, except
as provided in Sections 5.4, and 6 of this Agreement. The County shall also furnish the City with
Jail facilities; booking; transportation among facilities, as determined necessary in the County's
sole discretion, including the various Jail facilities, Harborview Medical Center and Western State
Hospital; custodial services; and personnel for the confinement of City Inmates at least equal to
those the County provides for confinement of County Inmates. However, the County reserves the
right to operate specific programs and/or facilities exclusively for County Inmates or persons
sentenced or assigned to Community Corrections Programs. The County shall furnish to City
Inmates in Secure Detention all medical, dental, and other health care services required to be
provided pursuant to federal or state law. Also, the County shall make every reasonable effort to
release a City Inmate as expeditiously as possible after the County has received notice of a court
order to release. Nothing in this section shall be deemed to limit the County's right to refuse to
accept City Detainees for confinement in Jail when they are deemed by the County to be in need
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Interlocal Agreement: Jail Services — City of Federal Way
of urgent medical or psychological care, nor to return custody of such inmates back to the City if
the City Detainee is admitted to the hospital or psychiatric facility.
4. City Compensation. The City will pay the County a Booking Fee, Maintenance Charge, Surcharges,
and Offsite Medical Charges as follows (together with such other charges as may be applicable in
accordance with this Agreement):
4.1 Booking Fee. The Booking Fee shall be assessed for the booking of City Inmates by or on
behalf of the City into the Jail as further described in Exhibit III, Section 2. The Booking
Fee will be inflated effective January 1, 2023.
4.2 Maintenance Charge. The Maintenance Charge shall be assessed for a City Inmate for each
Inmate Day as provided in Exhibit III, Subsection 1. The Maintenance Charge will be
inflated effective January 1, 2023.
4.2.1 The County will provide notice to the City after booking a City Inmate in order to
give notice that the City Inmate has been booked and to provide the opportunity
for release to the City if the City so desires. Such action will take place as soon as
reasonably possible but no later than the next business day after booking. A City
Inmate released within six hours of booking will result in no Maintenance Charges.
4.2.2 The County will provide notice to the City of the billing status of its Inmates for
the prior calendar day in cases where confinement is the result of multiple warrants
or sentences from two or more jurisdictions. As of the date of this Agreement, this
notice is provided to the City once each business day when applicable. The intent
of this program is to allow the City to take custody of a City Inmate if they so
desire after the other jurisdictional warrants are resolved and thereby prevent
unnecessary Maintenance Charges.
4.2.3 The Parties may amend the notice requirements of Sections 4.2.1 and 4.2.2 by
administrative agreement signed by both the Chief Executive Officer of the City
and the King County Executive.
4.3 Access to and Charges for City Inmate Use of Community Corrections Programs. The
Parties agree to discuss in good faith the ability for the City to access Community
Corrections Programs, and to negotiate charges for such access. Any agreement between
the Parties with respect to access and charges for Community Corrections Programs shall
be enacted through an amendment to this Agreement.
4.4 Surcharges and Offsite Medical Charges. In addition to the Booking Fee, Maintenance
Charge, and any other charges agreed to per Section 4.3, the City will be charged for Offsite
Medical Charges and Surcharges as detailed in Exhibit III, Section 3 and 4.
4.4.1 Proposed Notice of Certain Surcharges. The County intends to provide or make
available to the City timely notice of occurrences when a City Inmate is transported
to Harborview Medical Center or other offsite medical institution, or is receiving
infirmary care or psychiatric care that will subject a City to Surcharges. Notice
provided or made available will be based on information known to DAJD at the
time (since billing status of an Inmate may be changed retroactively based on new
information or other factors). The County intends to provide or make available this
notice within two (2) business days following the day in which the chargeable
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Interlocal Agreement: Jail Services — City of Federal Way
event occurs and will make good faith efforts to provide notice sooner if
practicable. The County will make good faith efforts to try to institute a means to
provide notice to the City within twenty-four (24) hours of the admittance of a City
Inmate to Harborview Medical Center or other offsite medical institution. The
County's failure to provide or make available notice or develop quicker means to
provide notice to the City as detailed above shall not excuse the City from financial
responsibility for related Offsite Medical Charges or Surcharges and shall not be a
basis for imposing financial responsibility for related Offsite Medical Charges or
Surcharges on the County.
Billine and Billing Dispute Resolution Procedures.
5.1 The County shall transmit billings to the City monthly. Within forty-five (45) days after
receipt, the City shall pay the full amount billed or withhold a portion thereof and provide
the County written notice meeting the requirements of Section 5.2:1, specifying the total
amount withheld and the grounds for withholding such amount, together with payment of
the remainder of the amount billed (if any amount remains). Notwithstanding the
foregoing, the County shall bill the City for Offsite Medical Charges as such charges are
periodically received by the County from third party medical institutions or other offsite
medical providers. Offsite Medical Charges shall be due within such time and subject to
such withholding and dispute resolution procedures as otherwise provided in this
Section 5.
5.2 Withholding of any amount billed or alleging a violation related to billing provisions of
this Agreement shall constitute a dispute, which shall be resolved as follows:
5.2.1 The County shall respond in writing to billing disputes within sixty (00) days of
receipt of such disputes by the DAJD billing offices. To ensure the soonest start to
the sixty (60)-day timeline, the City should electronically mail scanned billing
disputes directly to the DAJD billing office, or by fax, or U.S. mail rather than to
any other County office or officer. The DAJD billing office contact information as
of the date of this Amendment is:
KC DAJD
DAJD-AP@kingcounty.gov
Attn: Finance — Inmate Billing
500 Fifth Avenue
Seattle, WA 98104
5.2.2 In the event the parties are unable to resolve the dispute, either Party may pursue
the dispute resolution mechanisms outlined in Section 9.
5.3 Any amount withheld from a billing, which is determined to be owed to the County
pursuant to the dispute resolution procedure described herein, shall be paid by the City
within thirty (30) days of the date of the resolution.
5.4 If the City fails to pay a billing within forty-five (45) days of receipt, the County will
provide the City with a notice of its failure to pay and the City shall have ten (10) days
from receipt of such notice to cure nonpayment. Any undisputed billing amount not paid
by the City within sixty (60) days of receipt of the billing, and any amounts found to be
owing to the County as a result of the billing dispute resolution procedure that are not paid
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Interlocal Agreement: Jail Services — City of Federal Way
within thirty (30) days of resolution, shall be conclusively established as a lawful debt
owed to the County by the City, shall be binding on the Parties, and shall not be subject to
legal question either directly or collaterally. In the event the City fails to cure its
nonpayment, the City shall be deemed to have voluntarily waived its right to house City
Inmates in the Jail and, at the County's request, will remove City Inmates already housed
in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may accept
no further City Inmates until all outstanding bills are paid. This provision shall not limit
the City's ability to challenge or dispute any billings that have been paid by the City.
5.5 The County may charge an interest rate equal to the interest rate on the monthly County
investment earnings on any undisputed billing amount not paid by the City within forty-
five (45) days of receipt of the billing, and any amounts found to be owing to the County
as a result of the billing dispute resolution procedure. Interest on amounts owed begin
accruing on the forty-sixth (46) day after payment was due.
5.6 Each Party may examine the other's financial records to verify charges. If an examination
reveals an improper charge, the next billing statement will be adjusted appropriately.
Disputes on matters related to this Agreement which are revealed by an audit shall be
resolved pursuant to Section 5.2.
6. Jail Capacity.
6.1 The Contract Cities may house Contract Cities Inmates in the Jail at an aggregate number,
calculated based on the Jail's Official Daily Population Count, equal to or less than the
Secure Bed Cap for Contract Cities established in Sections 6.1.1.
6.1.1 Through December 31, 2024, the Secure Bed Cap for Contract Cities in the
aggregate is fifty (50) beds. These fifty (50) beds shall be available on a first -come,
first -served basis measured at the time of the Jail's Official Daily Population
Count.
6.2 In the event the number of Contract Cities Inmates exceeds the Secure Bed Cap for
Contract Cities described in Section 6.1, the County will notify the Contract Cities by
phone or electronic mail. The County may then decide to continue to house Contract Cities
Inmates in excess of the Secure Bed Cap for Contract Cities. Alternatively, the County may
refuse to accept bookings from the City until such time as the aggregate number of Contract
Cities Imnates is reduced below the Secure Bed Cap for Contract Cities. If the aggregate
number of Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities
through removal of Contract Cities Inmates from the Jail, then the County will be obligated
to accept new City bookings. The notice required by the first sentence of this Section 6.2,
will be made to the person designated in Section 13.10 of this Agreement, and will inform
the City whether the County intends to continue to house Contract Cities Imnates in excess
of the Secure Bed Cap for Contract Cities described in Section 6.1, or whether the County
will refuse to accept bookings from the City until such time as the aggregate number of
Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities described
in Section 6.1.
6.3 At the end of the last day of this Agreement, the Contract City agrees to reduce the number
of Contract City Inmates in the Jail to zero (0), with the exception that Inmates whose status
has changed to Contract City Inmate, will not be included in the calculation of the number
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Interlocal Agreement: Jail Services — City of Federal Way
of Contract City Inmates, if such individuals are removed from the Jail within seventy-two
(72) hours of such change in status.
For the purpose of determining the number of Contract Cities Inmates only, and not for
billing purposes, Inmates held on multiple warrants or sentences by the County which
include one or more city warrants or sentences in addition to a County and/or state warrant
or sentence, and Contract Cities Inmates that have been booked into the Jail and the
Contract City has not been notified of such booking shall not be considered a Contract
Cities hlmate . Also, Contract Cities Inmates housed in the Jail will not be considered
Contract Cities Inmates for the purpose of determining the number of City Inmates.
6.4 The Jail's capacity limit for Contract City Medical Inmates is thirty (30). The Jail's
capacity limit for Contract City Psychiatric Inmates is one -hundred -fifty-one (151). For the
purpose of this Section the Medical and Psychiatric Inmate population will be determined
following the definitions in Sections 1.21 and 1.25 at the time of the Jail's Official Daily
Population Count.
6.5 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set
forth in Section 6.5, the County will provide notice to the City by phone or electronic mail.
Such notification will be made to the person designated in Section 11.11 of this Agreement.
At the time this notification is made the County may request that the City take custody of
a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical
or Psychiatric Inmates to the capacity limits detailed in Section 6.5, or the County may
inform the City that the County is willing to continue to house these Inmates.
6.6 County requests under Section 6.5 will be made as follows. The billable city (under this
Agreement or other jail service agreements between the County and cities that have
identical provisions as this Section) with the Inmate most recently admitted as Medical or
Psychiatric Inmate will be asked to take custody of that inmate. This process will be
repeated until such time as the Medical and Psychiatric populations are reduced below
capacity limits, or the Jail is willing to house these Inmates.
6.7 If the County, pursuant to Sections 6.5 and 6.6, requests that the City take custody of
Medical or Psychiatric Inmates, the City shall comply with the County's request. The City
shall take custody of its' Medical or Psychiatric Inmates by picking them up no later than
twenty-four (24) hours after the County's request. If the City has not picked -up the Medical
or Psychiatric Inmate within twenty-four (24) hours of the County's request, the County
shall deliver the Medical or Psychiatric Inmate to the City's designated drop-off location
or backup location. In either case, the City's designee must accept the Medical or
Psychiatric Inmate from the County and must be available to do so seven (7) days a week,
twenty-four (24) hours a day. In all cases, the County shall provide the receiving entity
Within eight (8)-hours of the County's request, the City may provide the County with the names of other Medical
Inmates to substitute for the Medical Inmates identified for pick-up by the County. In the event the City identifies
substitute Medical Inmates that are City Inmates, the provisions of Section 6 will continue to apply. In the event the
City identifies substitute Medical Inmates that are the responsibility of a different city (Substitute City) that is party
to this Agreement or ajail services agreement with the King County containing these same provisions, the Substitute
City will be responsible for picking -up the substitute Medical Inmates within 24-hours of the initial request for pick-
up. In the event the Substitute City fails to pick-up its Medical Inmates within 24-hours of initial notification to the
City, the County may deliver the Medical Inmates named in the original notification to the City's designated drop-off
location or backup location. The procedures outlined in this footnote will also apply to Psychiatric Inmates.
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Interlocal Agreement: Jail Services — City of Federal Way
with Continuity of Care Records, in a sealed envelope, at the time custody is transferred.
The City will ensure that the City and the receiving entity comply with all applicable
confidentiality laws and rules. Similarly, the City will ensure that Continuity of Care
Records are provided to the County at the time custody of a City Inmate receiving the level
of care consistent with a Medical or Psychiatric Inmate is transferred to the County.
6.8 If the County, in its sole discretion, decides to transport Medical or Psychiatric Inmates to
the City's designated drop-off location or backup location within King County,
Washington, the County will do so without charge. Should the County agree to a drop-off
location or backup location outside of King County, Washington, the City will pay all
transportation costs for Medical or Psychiatric Inmates taken to the designated drop off
location or backup location. In no case will the County be obligated to transport a Medical
or Psychiatric Inmate out-of-state.
7. Jail Planning.
7.1 Jail Planning. The County and the City recognize the value of sharing information about
their respective inmate populations and anticipated use of Secure Detention and alternative
means of detention. The Parties agree to make good -faith efforts to share this information
regularly. Furthermore, should the County begin planning for potential changes in jail
space or models, the County will make good -faith efforts to provide notice to the City that
such planning is underway, so that the City has an opportunity to participate in planning
efforts.
Indemnification.
8.1 The County shall indemnify and hold harmless the City and its officers, agents, and
employees, or any of them, from any, and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason of or arising out of any
negligent action or omission of the County, its officers, agents, and employees, or any of
them. In the event that any suit based upon such a claim, action, loss, or damage is brought
against the City, the County shall defend the same at its sole cost and expense; provided,
that, the City retains the right to participate in said suit if any principle of governmental or
public law is involved; and if final judgment be rendered against the City and its officers,
agents, and employees, or any of them, or jointly against the City and the County and their
respective officers, agents, and employees, or any of them, the County shall satisfy the
same.
8.2 The City shall indemnify and hold harmless the County and its officers, agents, and
employees, or any of them, from any, and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason of or arising out of any
negligent act or omission of the City, its officers, agents, and employees, or any of them.
In the event that any suit based upon such a claim, action, loss, or damage is brought against
the County, the City shall defend the same at its sole cost and expense; provided that the
County retains the right to participate in said suit if any principle of governmental or public
laws is involved; and if final judgment be rendered against the County, and its officers,
agents, and employees, or any of them, or jointly against the County and the City and their
respective officers, agents, and employees, or any of them, the City shall satisfy the same.
8.3 In executing this agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility, which arises in whole or in
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Interlocal Agreement: Jail Services — City of Federal Way
part from the existence or effect of City ordinances, rules, or regulations. If any cause,
claim, suit, action or administrative proceeding is commenced in which the enforceability
and/or validity of any such City ordinance, rule or regulation is at issue, the City shall
defend the same at its sole expense and if judgment is entered or damages are awarded
against the City, the County, or both, the City shall satisfy the same, including all
chargeable costs and attorney's fees.
8.4 The terms of this Section 8 "Indemnification" shall survive the termination or expiration
of this Agreement.
9. Dispute Resolution. In the event the Parties are unable to resolve a dispute, then either Party may pursue
the dispute resolution provisions of this Section 9.
9.1. Either Party may give Notification to the other in writing of a dispute involving the
interpretation or execution of the Agreement. Within thirty (30) days of this Notification,
the King County Executive and the Chief Executive Officer of the City, or their designees,
shall meet to resolve the dispute. If the dispute is not resolved, then at the request of either
Party it shall be referred to non -binding mediation. The mediator will be selected in the
following manner: The City shall propose a mediator and the County shall propose a
mediator; in the event the mediators are not the same person, the two proposed mediators
shall select a third mediator who shall mediate the dispute. Alternately, the Parties may
agree to select a mediator through a mediation service mutually acceptable to both Parties.
The Parties shall share equally in the costs charged by the mediator or mediation service.
9.2. Each party reserves the right to litigate any disputed issue in court, de novo.
10. Termination. Either Party may initiate a process to tenninate this Agreement as follows:
10.1. Ten (10)-Day Notification of Intent to Terminate. Any Party wishing to terminate this
Agreement shall issue a written Notification of intent to terminate, not less than ten (10)
days prior to issuing a ninety (90) day termination Notification under Section 10.2 of this
Agreement. Upon receipt of the written Notification of intent to terminate, the parties will
meet to confer on whether there are steps that the non -terminating party can take, in order
to, avoid a ninety (90) day termination Notification notice under Section 10.2 of this
Agreement.
10.2. Ninety (90)-Day Termination Notification. After the ten (10) day period has run under
Section 10.1 of this Agreement, the party desiring to terminate this Agreement may provide
the other party ninety (90) days written termination Notification, as provided in RCW
70.48.090.
11. General Provisions.
11. 1. Other Facilities. This Agreement reserves in each party the power to establish a temporary
holding facility during a pandemic, riot, civil disobedience or natural disaster, to establish
group homes or other care or rehabilitation facilities in furtherance of a social service
program, to temporarily transfer Inmates to alternative detention facilities in order to
respond to Jail overcrowding, a public health directive, or to comply with a final order of
a federal court or a state court of record for the care and treatment of Inmates.
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Interlocal Agreement: Jail Services — City of Federal Way
11.2. Grants. Both Parties shall cooperate and assist each other toward procuring grants or
financial assistance from the United States, the State of Washington, and private
benefactors for the Jail, the care and rehabilitation of Inmates, and the reduction of costs
of operating and maintaining Jail facilities.
11.3. Law Enforcement Intake Portal. The County will offer the use of a web -based Subject
Intake Portal when its Jail Management System goes live in 2021. The tool will allow law
enforcement officers to log onto the system and enter all arrest, case/charge, victim,
probable cause, and drug crime certificate information. This method is the County's
preferred method of intake and booking. Cities that take advantage of this intake method
will be able to print out or receive an electronic version of the intake information, including
the ability to integrate with the JMS via web services or API integration if desired.
11.4. Severability. If any provision of this Agreement shall be held invalid, the remainder of this
Agreement shall not be affected thereby.
11.5. Remedies. No waiver of any right under this Agreement shall be effective unless made in
writing by the authorized representative of the party to be bound thereby. Failure to insist
upon full performance on any one or several occasions does not constitute consent to or
waiver of any later non-performance nor does payment of a billing or continued
performance after Notification of a deficiency in performance constitute an acquiescence
thereto. The Parties are entitled to all remedies in law or equity.
11.6. Exhibits. This Agreement consists of several pages plus the following attached exhibits,
which are incorporated herein by reference as fully set forth:
Exhibit I Method of Determining Billable Charge and Agency
Exhibit II Exception to Billing Procedure
Exhibit III Calculation of Fees, Charges and Surcharges
11.7. Not Binding on Future Agreements. This Agreement does not bind the Parties as to the
terms, fees, or rate formulas to be included in any future jail services agreements.
11.8. Entire Agreement. This Agreement, including all exhibits and attachments hereto,
represents the entire understanding of the Parties and supersedes any oral representations
that are inconsistent with or modify its terms and conditions.
11.9. Modifications. The provisions of this Agreement may only be modified and amended with
the mutual written consent of the King County Executive and the Chief Executive Officer
of the City and the approval of their respective legislative bodies, excepting that, certain
modifications to the notice requirements in Sections 4.2.2, 4.2.3 and Attachment I-2 may
be approved administratively by signature of both the Chief Executive Officer of the City
and King County Executive as specified herein.
11.10. Force Ma'et ure. In the event either party's performance of any of the provisions of this
Agreement become impossible due to Force Majeure, that party will be excused from
performing such obligations until such time as the Force Majeure event has ended and all
facilities and operations have been repaired and/or restored.
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Interlocal Agreement: Jail Services — City of Federal Way
Notifications. Except as otherwise provided in this Agreement, any Notification required
to be provided under the terms of this Agreement, shall be delivered by certified mail,
return receipt requested or by personal service to the following person:
For the City of Federal Way:
Administrative Commander
33325 8th Ave S, Ste 101
Federal Way, WA 98003
Or his/her successor, as may be designated by written Notification from the City to the
County.
For the County:
Chief of Administration
Dept. of Adult and Juvenile Detention
500 Fifth Avenue
Seattle, WA 98104
Or his/her successor, as may be designated by written Notification from the County to the
City.
11.12. Council Approval. The Parties' obligations under this Agreement are subject to official
City and County Council approval.
11.13. Filin . As provided by RCW 39.34.040, this Agreement shall be filed with the King County
Department of Records and Elections.
11.14. Assigmnent/Subcontracting. The City may not assign or subcontract any portion of this
Agreement or transfer or assign any claim arising pursuant to this Agreement.
11.15, No -Third Party Beneficiaries. Except as expressly provided herein, there are no third -party
beneficiaries to this Agreement. No person or entity other than a party to this Agreement
shall have any rights hereunder or any authority to enforce its provisions, and any such
rights or enforcement must be consistent with and subject to the terms of this Agreement.
11.16. Execution in Counterparts. This Agreement and any amendments thereto, shall be executed
on behalf of each party by its duly authorized representative and pursuant to an appropriate
motion, resolution, or ordinance. The Agreement may be executed in any number of
counterparts, each of which shall be an original, but those counterparts will constitute one
and the same instrument.
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Interlocal Agreement: Jail Services — City of Federal Way
King County
The City of Federal Way
King County Executive Jim Ferrell
Date
Approved as to Form:
King County
Deputy Prosecuting Attorney
Date
Mayor, City of Federal Way
Date
Approved as to Form:
J. Ryan Call
Federal Way City Attorney
Date
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Interlocal Agreement: Jail Services — City of Federal Way
EXHIBIT I
Method of Determining Billable Charge and Agency
Process Overview
The application of all billing rules in conjunction with Section 1.6 of this Agreement comprises the method
for determining the principal basis for booking or confining a person. The County's billing system examines
all open and active charges and holds for each calendar day and applies the billing priority rules and tie
breaker rules as set forth below. Then the billable agency is determined from the billable charge(s) or hold(s)
and the application of exception rules, for example, the special DUI sentencing rule or the special six -hour
rule.
Billing Priority Rules
Tha Rillina Priority Girrnm is determined in the following order:
1.
Local felony charge(s)
A local felony charge is filed by the King County
Prosecutin Attorney into a King County court.
2.
Investigation holds from King County
An investigation hold is one that has been referred
agencies or pursuant to a contract
to the King County Prosecutor and includes King
County investi ation holds.
3.
Department of Corrections (DOC)
Felony and misdemeanor charges adjudicated by
charge(s) pursuant to contract with
DOC hearing examiner. Cases heard by a local
DOC
court are considered local misdemeanors even if
DOC is the originating agency.
4.
Local misdemeanor charge(s) and city
Includes King County misdemeanors.
court appearance orders
5.
Other holds (contract and non-
contract)
Tie Breaker Rules
Tie breaker rules are applied in the following order to the Local Misdemeanor Priority Group (Number 4
above) when there are charges with multiple billable agencies. The first rule that applies determines the
billable charge(s). The billable agency for the selected charge(s) is the billable agency.
This rule selects the charge(s) with an active sentenced charge
1. Longest or only sentenced
or, if there is more than one active sentenced charge, the rule
charge rule
selects the charge with the longest imposed sentence length.
This rule selects the charge(s) with the earliest sentence start
2. Earliest sentence rule
date.
3. Lowest sentence charge
This rule selects the sentenced charge(s) with the lowest charge
number rule
number as given in the DAJD booking system.
This rule selects the charge(s) or hold(s) with a charge billable
4. Arresting agency rule
a enc that matches the arresting agency for the booking.
This rule selects the agency with the highest total bail summed
5. Accumulated bail rule
for all of the charge(s) and hold(s) for which the agency is the
billable a enc .
6. Lowest charge number
This rule selects the charge or hold with the lowest charge
rule
number as given in the DAJD booking system.
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Interlocal Agreement: Jail Services — City of Federal Way
Attachment I-1: City and County Jail Charges Clarification
This document contains several examples consistent with Section 1.6 of this Agreement.
#
Situation
Jail Costs associated with these cases
are:
1
Inmate booked by a city on a felony investigation, whose
County responsibility
case is filed by the Prosecutor initially as a felony in
Superior Court but subsequently amended to a
misdemeanor charge (for evidentiary reasons, or entry
into mental health court, or for other reasons)
2
Inmate booked by a city on a felony investigation and
County responsibility (including the
whose case is initially filed by the Prosecutor as a felony
expedited cases to be filed under the
in District Court as part of a plea bargain effort (so
new Prosecutor Filing Standards).
called "expedited cases")
3
Inmate booked by a city on a felony investigation, whose
County responsibility
case is initially filed by the County Prosecutor as a
misdemeanor in district court (i.e., mental health,
domestic violence or in regular district court)
4
Inmate booked by a city on a felony investigation. The
County responsibility prior to release of
County prosecutor declines to file the case and refers it
felony investigation by the County
to a city prosecutor or law enforcement for any further
prosecutor; City responsibility from and
action.
after release of felony investigation
5
Misdemeanor or felony cases originated by state
County responsibility
agencies (i.e., WSP )
6
Inmates booked by a city on a juvenile charge who are
County responsibility
held in adult detention or become adults during the
pendency of their charge or sentence.
16
W
Interlocal Agreement: Jail Services — City of Federal Way
Attachment I-2
Inmate Transfers: Transfer Request Exemption Criteria, Notice and Billing
(Relating to Section 1.6.9)
A. In the event of one or more of the following transfer exception criteria are met, a transfer may be
denied by the County, in which case the person for whom the City has sought a transfer remains a
City Inmate:
(1) Inmate has medical/health conditions/ treatments preventing transfer.
(2) Transfer location refuses Inmate.
(3) Inmate refuses to be transported and poses a security risk.
(4) Inmate misses transport due to being at court or other location.
(5) City refuses to sign transfer paperwork requiring the City to arrange transportation for
Inmate back to King County, if needed, when City sentence ends.
B. If the County has refused a transfer request and thereafter determines that it no longer needs to
detain the person and the person would as a result become a City Inmate, then the County will
provide notice to the City that it will become billable for the Inmate. The City will not incur a
Maintenance Charge on the day of notice. If the City transfers the Inmate during the six calendar
days immediately following the day of notice, it will not incur a Maintenance Charge for the first
calendar day following notice but will incur a Maintenance Charge for each subsequent calendar
day until the Inmate is transferred. If the City does not transfer the Inmate from the Jail during this
six -day period, the City is billable beginning the calendar day following the day of notice from the
County.
C. The terms of this Attachment I-2 may be amended by administrative agreement evidenced by
execution in writing by the Chief Executive Officer of the City and King County Executive.
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Interlocal Agreement: Jail Services — City of Federal Way
EXHIBIT II
Exception to Billing Procedure
For persons serving the one- and two-day commitments pursuant to the mandatory DUI sentence grid who
report directly from the community to the Jail for incarceration, Inmate day shall not be defined according
to Section 1,16 of the Agreement. Instead, Inmate day shall be defined as a twenty -four-hour period
beginning at the time of booking. Any portion of a twenty -four-hour period shall be counted as a full Inmate
day. The number of days billed for each sentence shall not exceed the sentence lengths specified on the
court commitment.
Two examples are provided for illustration:
Two-day sentence served on consecutive days:
John Doe
Booked 7/1/23 0700
Released 7/3/23 0700
Number of Inmate days = 2
Two-day sentence served on non-consecutive days:
John Doe
Booked 7/l/23 0700
Temporary Release 7/2/23 0700
Return to Jail 7/8/23 0700
Number of Inmate days = 2
Released 7/9/23 0700
The Department of Adult and Juvenile Detention will apply this definition of Inmate day to the City's direct
DUI one and two-day Inmates by adjusting the City's monthly bill before it is sent to the City. If the changes
are not made for some reason, the City will notify the Department of Adult and Juvenile Detention, which
will make the necessary adjustments.
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30
Interlocal Agreement: Jail Services — City of Federal Way
EXHIBIT III
Calculation of Fees, Charges and Surcharges
Starting on the Effective Date of this Agreement, the City shall pay the fees, charges, and surcharges with
such annual adjustments for inflation as described below. Starting on the Effective Date of this Agreement,
the City shall also pay offsite medical care charges as detailed below
2023 is the Base Year for fees, charges, and surcharges and is the basis from which the fees, charges, and
surcharges are to be annually adjusted by applying the inflators set forth in Subsection 5.a. of this
Exhibit III.
1. MAINTENANCE CHARGE AND CAPITAL EXPENDITURE CHARGE
The Maintenance Charge shall be calculated as described below.
a. The Maintenance Charge starting January 1, 2023, and for the remainder of the calendar year
2023, excluding any adjustments for Capital Expenditure Charges, will be $250.64. When
combined with the Capital Expenditure Charges, the Maintenance Charge for calendar year
2023 is $256.90. The Maintenance Charge shall be inflated in 2024 as described in Section 5.
The City will not be charged a Maintenance Charge for a City Innate where the Inmate has
been offsite (e.g. housed outside of the Jail) for all twenty-four (24) hours of a Surcharge Day
and subject to 1:1 Guarding Surcharge for the entirety of such twenty-four (24)-hour period.
b. In addition to the annual adjustment to the Maintenance Charge described above, King County
will increase the Maintenance Charge to capture the cost of Capital Expenditures. Capital
Expenditures are defined as the cost of repairing and renovating current jail capacity and
facilities and support and administrative facilities that benefit Jail operations. Additional Capital
Expenditures will be included in the Maintenance Charge if such expenditures benefit City
Inmates. Any Capital Expenditure that solely benefits County Inmates will not be charged to
the City. Capital Expenditures do not include Jail Bed Expansion Projects. Capital Expenditures
do not include Major Maintenance.
L Capital Expenditures will be calculated in proportion to the square footage that benefits
adult detention. Cities will be billed their proportionate share based on the total number
of Inmate Days (as defined in Section 1.17). By August 15 of 2023' DAJD will estimate
the total number of Inmate Days for 2024 and provide notice to the City of the Capital
Expenditure Charge to be included in the Maintenance Charge for 2024,
ii. Upon request of the City, the County shall provide its six (6)-year CIP and its six (6)-
year major maintenance plan to the City. The County will provide a detailed line -item
budget of each Capital Expenditure. If the City disputes that the Capital Expenditure
benefits City Inmates or otherwise disputes the inclusion of the Capital Expenditure or
any portion of the Capital Expenditures' budget in the maintenance fee, the matter will
be resolved under the dispute resolution processes described herein. Capital
Expenditures will not be charged to the City to the extent such Capital Expenditures are
covered by federal grants, state grants, insurance proceeds, capital maintenance reserves
or voter approved capital funding for jail, related improvements.
iii. Capital Expenditures, if debt financed, shall begin being charged when debt service
,payments begin for the permanent financing of the Capital Expenditure and shall
19
31
Interlocal Agreement: Jail Services — City of Federal Way
continue until the end of the debt amortization unless the debt amortization is less than
fifteen (15) years, in which case the charges to the City will be amortized over fifteen
(15) years. If the Capital Expenditure is not debt financed, Capital Expenditure charges
shall be based on actual expenditures. The County will make available documentation
evidencing such expenditures.
iv. Beginning January 1, 2023, and continuing through calendar year 2023, the Capital
Expenditure Charge for ISP for the City is $5.21 and the Capital Expenditure Charge for
the CSSP is $1.05, for a combined total Capital Expenditure Charge of $6.26 to be added
to the Maintenance Charge set forth in subparagraphs a and b above.
2. BOOKING FEE
a. The booking fee shall be based on whether, or not the City is using the County's Personal
Recognizance (PR) screeners for individuals it brings to a County jail facility to be booked. The
two booking fees starting January 1, 2023, and for the remainder of the calendar year 2023 will
be initially set as follows:
i. The Base Booking Fee shall be $178.67. This is the booking fee payable by Contract
Cities that are not using the County's PR screeners. This Booking Fee shall include
40.86% of the total Budgeted Jail Costs associated with booking (including Jail Health
Intake Services); this percentage of booking costs to be included in the Booking Fee shall
remain fixed through the term of this Agreement.
ii. The Standard Booking Fee shall be $262.25. This is the booking fee payable by
Contract Cities using the County's PR screeners. This booking fee is composed of the
Base Booking Fee plus the fee associated with the County's PR screeners.
If the City has a court order on file as of the Effective Date, confirming that the City and not the
County will have authorization to provide PR screening for City Inmates, then the City will be
qualified for the Base Booking Fee as of the Effective Date. To qualify for the Base Booking
Fee in 2024, the City must either provide a court order not later than July 1, 2023, confirming
that the City and not the County will have authorization to provide PR screening for City
Inmates, or a previously issued court order must remain in effect. If an authorizing court order
is revoked or expires and is not renewed, the City will no longer qualify for the Base Booking
Fee.
The Booking Fee shall be inflated in 2023 as described in section 5 below.
3. SURCHARGES
In addition to payment of the Maintenance Charge and the Booking Fees, the City shall pay Surcharges
associated with services provided to City Inmates as described below. The types of services provided to an
Inmate associated with each Surcharge, and a general description of each Surcharge, is set forth in
Attachment III-1.
The initial Surcharge amounts described in paragraphs (a) — (d) below shall apply from the January 1, 2023,
through December 31, 2023, and shall inflated for 2024 as described in Section 5 below.
a. Infirmary Care. For Medical Inmates, the City shall pay an Infirmary Care Surcharge of
$388.99 for each Surcharge Day.
20
32
Interlocal Agreement: Jail Services — City of Federal Way
Non -Acute Psychiatric Care. For Non -Acute Psychiatric Inmates, the City shall pay a
Psychiatric Care Surcharge of $119.26 for each Surcharge Day.
c. Acute Psychiatric Care. For Acute Psychiatric Inmates, the City shall pay an Acute Psychiatric
Care Surcharge of $304.51. for each Surcharge Day.
i. The Acute Psychiatric Surcharge for each Surcharge Day shall be $304.51.
ii. The Psychiatric Care Surcharge for each Surcharge Day of $119.26 is added to the
Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of
$423.77.
d. 1:1 Guarding Surcharge. The 1:1 Guarding Surcharge is the charge imposed when the County
dedicates an individual officer to guard a City Inmate. The Surcharge shall be $87.28 per guard
for each hour or portion thereof, and as further described in Attachment III-1.
e. A Surcharge Day is defined as a 24-hour period from midnight to midnight, or any portion
thereof, in which an Inmate receives any of the services within the Surcharges listed in
subparagraphs (a) — (c) above; provided that with respect to the Infirmary Care Surcharge,
Psychiatric Care Surcharge and Acute Psychiatric Surcharge, a maximum of one (1) charge may
be imposed within the twenty-four (24)-hour period for a single inmate, and the charge imposed
shall be the highest applicable charge. For example, if an inmate is placed in Acute Psychiatric
Care, released to the general population, and then again placed in Acute Psychiatric Care all
within the same twenty-four (24)-hour period (midnight to midnight), a single Acute Psychiatric
Care Surcharge will be imposed. Similarly, if an Inmate is placed in Acute Psychiatric Care and
then in Non -Acute Psychiatric Care within the twenty-four (24)-hour midnight to midnight
period, then a single Acute Psychiatric Care charge will be imposed.
4. OFFSITE MEDICAL CARE CHARGES
In addition to the Maintenance Charge, the Booking Fee, and the Surcharges detailed above, the City shall
be responsible for payment of all Offsite Medical Care Charges incurred by a City Inmate.
5. INFLATORS AND RE -SETS OF FEES CHARGES AND SURCHARGES
a. Inflators. Effective January 1, 2023, all fees, charges, and surcharges, excluding: (1) Offsite
Medical Care Charges and, (2) the Capital Expenditure Charge components of the Maintenance
Charge, shall be inflated by the percentage rates described below.
Non -Medical Charges: the following fees and charges are subject to an annual inflator of the
Seattle -Tacoma -Bremerton CPI-W (covering the 12-month period ending in June) plus 1.5% but
shall in no event be lower than 1.5%.:
i. Maintenance Charge
ii. Booking Fee
iii. Acute Psychiatric Housing Surcharge
iv. 1:1 Guarding
Medical Charges: The following fees and charges are subject to an annual inflator of the Seattle -
Tacoma -Bremerton CPI-W (covering the twelve (12)-month period ending in June) plus three (3)
percent, but shall in no event be lower than three (3) percent:
21
33
Interlocal Agreement: Jail Services — City of Federal Way
i. Infirmary Care Surcharge
ii. Psychiatric Care Surcharge
b. Final Fee, Charge and Surcharge Notice for Following Calendar Year. No later than August 15,
the County will provide notice to the City of the final fees, charges and surcharges listed in this
Subsection 5.a. reflecting the application of the June -June CPI index in the manner prescribed
in Subsection 5.a above.
c. Inflation Re -sets. Notwithstanding the terms of Subsections 5.a and 5.b to the contrary, in the
event the Seattle -Tacoma -Bremerton CPI-W (June -June) exceeds eight (8) percent then, as part
of the August 15, final fee and charge notice, the County will include information demonstrating
whether, based on factors affecting the DAJD Budgeted Jail Costs including but not limited to
personnel costs, food, utilities and pharmaceuticals, the County's reasonably expected inflation
experience for the DAJD Budgeted Jail Costs in the next calendar year (the "Expected Inflation
Rate") is less than or greater than said CPI-W (June -June) rate. If the Expected Inflation Rate
is lower than the CPI-W (June -June) rate, the County will apply the lower of the two rates to
the fees and charges listed in this Subsection 5.c for the following calendar year.
PM
34
Interlocal Agreement: Jail Services — City of Federal Way
Attachment III-1
Summary Description of Medical Cost Model Surcharges and Pass -Through Charges
Surcharse I Description
1. 1:1 Guarding Cost to guard an inmate in a 1:1 situation. Most common
occurrence is at hospital or at off -site medical
appointments. If more than one guard is required, then the
rate would be the multiple of guards.
2. Acute Psychiatric Care (two
components) — billed by location
b. Acute Psychiatric Surcharge Costs for additional officer staffing for: 15-minute checks,
assistance with feeding, emergency responses, escorts,
and other necessary services to provide for an inmate who
poses a potential danger to him or herself.
3. Non -Acute Psychiatric Care (one
component)
14. 1 Infirmary Care I Costs for JHS Infirmary care, services listed on reverse.
Pass -Through Charge
Description
5.
Off -Site Medical Charges
Costs for inmates to receive services from outside medical
providers (services not available from JHS). Examples
include:
•'° Hospital care
°:• Dialysis
°:• Cancer treatment (chemotherapy, radiation)
❖ Specialized transport to medical appointments
(wheelchair bound inmates)
JHS Psychiatric Care
Services Provided:
Criteria:
❖
Psychiatric Treatment &
Inmates with severe or unstable mental health conditions
Management
are placed in psychiatric housing units and receive a level
❖
Psychiatric Treatment Team
of monitoring and care based on the acuity of their mental
Monitoring
illness. Inmates in psychiatric housing are evaluated upon
❖
Medication Administration
admission and then re-evaluated on a regular basis by a
❖
Mental Health Crisis Counseling
multi -disciplinary treatment team.
•:°
Psychiatric Therapy Groups
23
35
Interlocal Agreement: Jail Services — City of Federal Way
JHS Infirmary Care
Services Provided:
Criteria:
°:• 24-hour Skilled Nursing Care
Inmates who meet diagnostic criteria that require 24-hour
❖ Daily Provider Rounds
skilled nursing care are housed in the KCCF Infirmary.
•:• Treatment and Management of
Examples include but are not limited to.
Complex Disease States
•'• Patients requiring medical
•:• Medication Administration
detoxification/withdrawal management
•:° Activities of Daily Living
•'• Individuals with non -stable medical conditions
Assistance
•:°
such as: need for kidney dialysis, wired jaws, newly
Alcohol Detoxification
started on blood thinning medication;
❖ Individuals who are mobility impaired and/or not
independent in activities of daily living;
•:' Individuals requiring IV therapy or with central
lines in place;
•:° Individuals who are acutely ill, post -surgical, who
require convalescent care, and those with
Coridiiions requiring exiensive ireatment and
frequent monitoring; and
•:° Individuals with severe respiratory problems
requiring nebulizer treatments, oxygen andclose
observation.
Inmates are formally admitted to infirmary care following
assessment by a physician or nurse practitioner and then
monitored daily by provider and nursing staff. Discharge
from the infirmary occurs either at the time of release from
jail or as the patient's condition improves and can be safely
managed in general population housing. Some individuals
remain in infirmary care for the duration of their
incarceration.
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36
COUNCIL MEETING DATE: October 18, 2022 ITEM III:
_ _ —.......—_—._._—_.......—
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: JAIL SERVICES CONTRACT -ISSAQUAH CITY JAIL
POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Issaquah City
Jail for jail services at the cost of approximately $401,500 annually?
COMMITTEE: PRHS&PSC MEETING DATE: Oct 11, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police
Attachments:
1. Staff Report
2. Issaquah City Jail Contract
Options Considered:
1. Approve the execution of this contract
_2. Do not approve this amendment
MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract l/
MAYOR APPROVAL: 101111I I DIRECTOR APPROVAL:
C mtia
Insialmale IniliatDate
COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Issaquah City Jail to
the October 18, 2022, Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: ' I move approval of the Jail Services Contract with the Issaquah City Jail and
authorize the Mayor to sign said agreement".
(BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILLk
❑ DENIED Firm reading
❑ TABLED/DEFERREDNO ACTION - Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE N
REVISED -12Y2017 RESOLUTION k
37
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 11, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Jail Services Contract — Issaquah City Jail
Financial Impacts:
The Issaquah City Jail is one of the jail services providers we utilize to house our inmates.
The proj ected annual cost to utilize the Issaquah City Jail, based on a ten (10) bed guaranteed
rate, would be approximately $401,500.
Background Information:
On January 1, 2020, the Federal Way Police Department moved away from a sole source jail
services provider and began utilizing multiple jail facilities to accommodate our jail services
needs while also creating an overall annual savings of $2,085,672 to our jail budget. Since
the transition, the department has operated within the allocated budget in part due to the
reduction of jail services COVID pandemic.
The Issaquah City Jail is one of the jail services providers we utilize to house our inmates.
The projected annual cost to utilize the Issaquah City Jail, based on a ten (10) bed guaranteed
rate, would be approximately $401,500. Issaquah City Jail currently has the best guaranteed
bed rate amongst the jail services providers that we currently utilize at $ 110 per day. As this
time, even with the increases experienced at our other jail services providers, the daily rate at
the Issaquah City Jail remained consistent with the 2022 rate.
I recommend we continue with this agreement.
38
Rev. 7/18
INTERAGENCY AGREEMENT BETWEEN THE CITY OF ISSAQUAH, WASHINGTON AND FEDERAL WAY,
WASHINGTON, FOR THE HOUSING OF INMATES IN THE ISSAQUAH CITY JAIL
This agreement is between the City of Issaquah, a municipal corporation of the State of
Washington (hereinafter "Issaquah") and the City of Federal Way, a municipal corporation of the State
of Washington (hereinafter "Federal Way")
Recitals
Whereas, RCW 39.34 and RCW 70.48, allows local governmental units to make the most
efficient use of their powers by enabling them to cooperate and enter into agreements with each other
for providing jail services; and
Whereas, Federal Way wishes to designate the Issaquah Jail as a place of confinement for
incarceration through the use of 10 (ten) guaranteed beds; and
Whereas, in an effort to streamline administrative procedures and ensure that the daily rate
charge for ten guaranteed non-gendered specific beds to house inmates at Issaquah's jail is consistent
with the current operating costs, it is necessary to enter into a standardized interagency agreement; and
Whereas, the governing bodies of each of the parties hereto have decided to enter into,this
Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended;
Now, therefore, in consideration of the above and foregoing recitals, the payments to be made,
the mutual promises and covenants herein contained, and for other good and valuable considerations,
the parties hereto agree to the terms and conditions set forth herein:
1. GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter
relating to inmate confinement pursuant to this Agreement.
2, EFFECTIVE DATE
This Agreement shall be effective when both parties have executed this contract and this
document has been listed on Issaquah's website in accordance with RCW 39.34.040
3. TERMINATION
(A) This agreement shall be of indefinite duration. Provided, however, either party may
elect to terminate this Agreement by giving written notice of termination to the
other party. Said termination shall be effective ninety (90) days from the date of
receipt of said written notice.
Page 1 of 9
39
(B) In the event of termination of this Agreement for any reason, Federal Way shall
compensate Issaquah for inmates housed by the Issaquah Jail after notice of
termination until Federal Way retakes its inmates in the same manner and at the
same rates as if this Agreement had not been terminated and the provisions of this
Agreement, including by way of illustration and not limitation, Indemnity, shall
remain in force until such time as all inmates from Federal Way have been retaken.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall be
sent to the following:
City of Issaquah: Chief of Police
Issaquah Police Department
130 E. Sunset Way
Issaquah, Washington 98027
Contact: Issaquah Jail Manager
City of Federal Way: Chief of Police
Federal Way Police Department
33325 8th Ave S, Suite 101
Federal Way, Washington 98003
Contact: Federal Way Administrative Commander
5. COMPENSATION
(A) Guaranteed Bed Rate. Issaquah agrees to accept and house non-gendered specific inmates
at the daily ten 10 guaranteed bed rate of $110.00 per bed day. The $110.00 per bed per
day rate shall be assessed for each day the contract is in effect regardless of occupancy by a
Federal Way inmate.
(B) Non -Guaranteed Bed Rate. Federal Way may purchase additional beds, as available, at the
daily rate of $110.00 per bed day. However, Issaquah shall have the right to refuse to
accept custody or house Federal Way inmates in excess of ten (10) bed guaranteed
commitment.
(C) Billing and Payment. Issaquah agrees to provide a monthly invoice for the ten guaranteed
beds by the 30th of each following month. Federal Way agrees to make payment to Issaquah
within 30 days of receipt of the undisputed portion of such bill for the amount billed for the
previous calendar month. Issaquah agrees to provide Federal Way with an itemized bill for
inmates housed in addition to the Guaranteed Bed Rate listing all names of inmates who are
housed, the number of days housed (including date of booking and date of releases), and
Page 2 of 9
40
the dollar amount due for each. Issaquah agrees to provide said bill by the 30th of each
following month. Federal Way agrees to make payment to Issaquah within 30 days of
receipt of the undisputed portion of such bill for the amount billed for the previous calendar
month.
(D) Rate Increases. Issaquah may increase guaranteed and non -guaranteed rates from time -to -
time but no more frequently than once per year, in order to reflect increased costs.
Issaquah will give Federal Way at least ninety (90) days advance written notice of the
increased rate prior to implementation.
6. AGREEMENTAMMENDMENTS
(A) Guaranteed beds. Federal Way may cancel the reserved beds, in whole or in part, at any
time by providing written notice to the Jail Manager for the City of Issaquah. The notice
shall be provided at least ninety (90) days in advance of the effective date of the
cancellation. Issaquah may cancel the reserved beds, in whole or in part, at any time by
providing written notice to Federal Way at least ninety (90) days in advance of the effective
date of the cancellation.
(B) Changes in law or regulations. Any changes in law or regulations governing jail operations
impacting this Agreement will be addressed in an amendment to the Agreement.
7. SERVICES PROVIDED
Issaquah agrees to provide jail services for gross misdemeanor/misdemeanor inmates for those
offenses that have been committed by adults within Federal Way's jurisdiction.
8. RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Issaquah to confine the inmate or inmates; to provide treatment,
including the furnishing of subsistence and all necessary medical and hospital services and
supplies; to provide for inmates' physical needs; to retain them in said custody; to supervise
them; to maintain proper discipline and control; to make certain that they receive no special
privileges and that the sentence and orders of the committing court in the State are faithfully
executed; provided that nothing herein contained shall be construed to require Issaquah, or any
of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to
this Agreement, which it does not provide for similar inmates not confined pursuant to this
agreement. Issaquah shall provide facilities for consultation and communication between
inmates and their legal counsel or public defender. It shall also be the responsibility of Issaquah
to calculate"good time" accrued in and subsequent release of inmates in accordance with the
Issaquah Jail's standard practice and procedures related to inmates housed in the Issaquah Jail.
9. RIGHT TO REFUSAL
Issaquah shall have the right to refuse to accept any inmate from Federal Way who, in the
judgment of Issaquah, has a current illness or injury which may adversely affect the operations
of the Issaquah Jail, has a history of serious medical problems, presents a substantial risk of
escape, or presents a substantial risk of injury to other persons or property or themselves.
Page 3 of 9
41
10. HOUSING DECISIONS
In order to manage its jail population, Issaquah reserves the right to decide where Federal Way
inmate(s) will be housed. In the event that Federal Way inmate is transferred to anotherjail
facility. Federal Way's obligation to pay the daily rate to Issaquah will cease and Federal Way
obligation to pay the daily rate to the jail facility will be governed by Federal Way's contract with
that other agency operating the jail facility. This section only applies to those inmates housed at
Issaquah Jail under the non -guaranteed bed rate.
11. RETAKING OF INMATES
Upon request from Issaquah, Federal Way shall, at its expense, retake any Federal Way inmate
within twelve (12) hours after receipt of such request. In the event the confinement of any
Federal Way is terminated for any reason, Federal Way, shall, at its expense, retake such inmate
from Issaquah.
12. COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE
Federal Way law enforcement officers placing Federal Way misdemeanants in the Issaquah Jail
shall, in every instance, first furnish an arrest warrant, citation, court order, or judgement and
sentence, to the Issaquah Jail upon booking of an inmate. Federal Way is also responsible for
providing Issaquah Jail with a complete bail schedule no later than January 1 of each year.
13. NOWASSIGNABILITY
Federal Way agrees to not sublet any of their guaranteed beds to any jurisdictions. This
Agreement may not be assigned by either party.
14. TRANSPORTATION
Federal Way inmates incarcerated in Issaquah pursuant to this Agreement shall be transported
to Issaquah by and at the expense of Federal Way and shall be returned, if necessary, to Federal
Way by Federal Way personnel and at Federal Way's expense. Issaquah is not responsible for
transportation of Federal Way inmates under this agreement and shall be reimbursed by Federal
Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an
inmate by Issaquah becomes necessary including if the transport was a result of a warrant, or
medical appointment. Such transportation shall be calculated based upon the time required for
transport at the correction officer overtime rate of $55.00 per hour.
15. RECORDS AND REPORTS
Issaquah shall keep all necessary and pertinent records concerning such inmates incarcerated in
the Issaquah Jail. During an inmate's confinement in Issaquah, Federal Way shall upon request,
be entitled to receive and be furnished with copies of any report or record associated with said
inmate(s) incarceration, as may be permitted by law.
16. MEDICAL TREATMENT
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NK
(A) Inmates shall receive medical, psychiatric and dental treatment when emergent and
necessary to safeguard their health while hosed in the Issaquah Jail. Issaquah shall provide
for routine medical services in the Issaquah Jail. Examples of medical services which may be
provided in the Issaquah Jail but which are not routine, and for which Federal Way shall be
billed include, but are not limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment,
and hemophiliac treatment. Federal Way shall be responsible for any and all medical,
dental or mental health costs incurred by or on behalf of an ALAX inmate including but not
limited to prescriptions, appliances, supplies, emergency transport associated with the
delivery of any emergency and/or medical service provide to Federal Way inmates.
(B) If Issaquah becomes aware that a Federal Way inmate is in need of medical health care
requiring the assistance of a medical health care services provider, then Issaquah shall make
reasonable efforts to notify Federal Way prior to obtaining said service. If Federal Way is
contacted and does not authorize Issaquah to obtain the service, then Federal Way shall
within one hour pick up the inmate from the Jail. Provided, i9n the case of emergency,
Issaquah may notify Federal Way after the service has been provided.
(C) An adequate record of all such services shall be kept by Issaquah in accordance with HIPPAA
regulations for Federal Way's review at its request. Any medical or dental services of major
consequence shall be reported to Federal Way as soon as time permits.
(D) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal
Way inmate regarding hospitalization. If necessary, Federal Way shall reimburse Issaquah
dollar for dollar any amount expended or cost incurred by Issaquah in providing the same.
Upon payment from Federal Way for the inmate's health care expense, Issaquah will assign
to Federal Way, if requested by Federal Way, any and all right to reimbursement for medical
expenses authorized under RCW 70.48.130. Except in emergencies, Federal Way will be
notified by contacting a duty supervisor at the Federal Way Police Department prior to the
inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking
the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a
hospital, Issaquah shall notify Federal Way as soon as possible of transport. Federal Way is
responsible for providing security during any time of hospitalization.
17. DISCIPLINE
Issaquah shall have physical control over and power to exercise disciplinary authority over all
inmate of Federal Way. However, nothing contained herein shall be construed to authorize or
permit the imposition of any type of discipline prohibited by the constitution and laws of the
State of Washington or the constitution and laws of the United States.
18. REMOVAL FROM THE JAIL
An inmate from Federal Way legally confined in Issaquah shall not be removed from there by
any person except:
(A) When requested by Federal Way Police Department in writing authorizing such release; or
(B) Upon court order in those matters in which said court has jurisdiction over such inmate; or
(C) For appearance in the court in which a Federal Way inmate is charged; or
Page 5 of 9
43
(D) In compliance with a Writ of Habeas Corpus; or
(E) For interviews by Federal Way attorney or member of Federal Way Police Department; or
(F) If the inmate has served their sentence, or the charge pending against said inmate has been
dismissed, or bail or other recognizance has been posted as required by the courts; or
(G) For other scheduled court appearance, including those for which they are not being held; or
(H) Upon the execution of the Standards of Release Administrative Order No. 2013-01; or
(1) For medical care and court ordered evaluations.
19. LOSS OF USE
The parties understand that there may be times when conditions at the Issaquah Jail, such as
required maintenance or repairs, may cause some or all of the reserved beds to be temporarily
unavailable. Issaquah agrees to provide as much notice as is reasonably practicable if any or all
of the reserved beds will be temporarily unavailable and will endeavor to keep any such
unavailability to a minimum. The temporary unavailability of such beds shall not be a breach of
this agreement or entitle Federal Way to any compensation from the Issaquah. During any period
of unavailability, Federal Way will be relieved of the obligation to pay for any unavailable beds.
20. DISPUTE BETWEEN FEDERAL WAY AND ISSAQUAH
Should a dispute arise as to the application, compensation, enforcement, or interpretation of
this Agreement between Federal Way and Issaquah, the parties shall first attempt to resolve
such disputes through good faith and reasonable negotiations. However, if a dispute cannot be
resolved through direct discussions, the parties agree to endeavor first to settle the dispute in
an amicable manner by mediation administered under JAMS Alternative Dispute Resolution
service rules or policies before resorting to arbitration. The mediator may be selected by
agreement of the parties or through JAMS. Following mediation, or upon mutual written
agreement of the parties to waive mediation, any unresolved controversy or claim arising from
or relating to this Agreement or breach thereof shall be settled through binding arbitration,
which shall be conducted under JAMS rules or policies. The arbitrator may be selected by
agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration
shall be borne by the parties equally, however, each party shall bear the expense of its own
counsel, experts, witnesses, and preparation and presentation of evidence.
21. INDEMNIFICATION
Issaquah agrees to defend, indemnify and hold Federal Way harmless from any and all
claims, lawsuits, or other legal actions and from all costs including reasonable attorney's
fees which arise out of any alleged wrongful or negligent act or omission by any officer,
agent, or employee if Issaquah occurring subsequent to any claimant's entry into the
Issaquah booking room and during any claimant's incarceration in the Issaquah City Jail.
In addition, Issaquah shall maintain a policy of liability insurance with limits of not less
than $1,000,000, naming the Federal Way as an additional insured thereon, provided,
that Federal Way shall accept a certificate from the WCIA certifying that Issaquah is a
Page 6 of 9
44
member in good standing and has contractual indemnity coverage applicable to the
requirements of this paragraph in fulfillment of insurance requirements.
Federal Way agrees to defend, indemnify and hold Issaquah harmless from any and all
claims, lawsuits, or other legal actions and from all costs including reasonable attorney's
fees which arise out of any alleged wrongful arrest, false imprisonment, or other
wrongful or negligent act or omission by any agent, officer or employee of Federal Way.
In addition, Federal Way shall maintain a policy of liability insurance with limits of not
less than $1,000,000, naming Issaquah as an additional insured thereon, provided, that
Issaquah shall accept a certificate from the WCIA certifying that Federal Way is a
member in good standing and has contractual indemnity coverage applicable to the
requirements of this paragraph in fulfillment of insurance requirements.
22. REQUIRED ELEMENTS
In accordance with the requirements of RCW 39.34.030, the following provisions, stipulations
and/or waivers are adopted:
(A) This Agreement has been approved by the governing bodies of each of the participating
agencies/
(B) No separate organization or separate legal or administrative entity is created by this
Agreement.
(C) Each party to this Agreement shall maintain its own separate budget in accordance with the
provision of Title 35 and 35A RCW an no joint or cooperative budget shall be undertaken.
(D) The terms of this Agreement do not contemplate the acquisition of any property. However,
in the event any property is acquired for the performance of this Agreement, upon
termination of this Agreement, said property shall be sold and the proceeds shall remain
with Issaquah.
(E) This Agreement shall be administered by the Chiefs of Police, or their representative, from
Issaquah and Federal Way.
23. CONCURRENT ORIGINALS
This Agreement may be executed in any number of counterparts, which counterparts shall
collectively constitute the entire Agreement.
24. ENTIRE AGREEMENT
The written provisions and terms of this Agreement, together with any attachments, supersede
all prior written and verbal agreements and/or statements by any representative of the parties,
and those statements shall not be construed as forming a part of or altering in any manner this
Agreement. Any prior written and/or oral agreement between the parties pertaining to jail
services is terminated and superseded by this Agreement. This Agreement and any attachments
contain the entire Agreement between the parties. Should any language in any attachment
conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
Page 7 of 9
45
25. PREA ACKNOWLEDGEMENT— CUSTODIAL AND SEXUAL MISCONDUCT
(A) Compliance - Issaquah agrees to ensure that all of its employees, contractors, vendors, and
volunteers that have contact with Federal Way Inmates comply with all federal and state
laws regarding sexual misconduct including, but not limited to:
a) The Prison Rape Elimination Act of 2003 (PREA)
b) The standards for adult Prisons and Jails or Community Confinement Facilities,
whichever is applicable, as promulgated by the US Attorney, and
c) Zero tolerance toward all forms of sexual abuse and sexual harassment.
(B) Monitoring - Issaquah agrees to provide the Federal Way documented compliance with the
Federal Prison Rape Elimination Act standards. Monitoring may include, but is not limited to:
a) Site visits,
b) Access to facility data, and
c) Review of applicable documentation.
(C) Federal Way may terminate this Agreement
a) Should Issaquah fail to provide documentation that demonstrates that the Issaquah
Jai► is actively and effectively working toward and is making substantive progress toward
achieving compliance; or
b) Should Issaquah fail to maintain PREA compliance between auditing periods, after
being given a reasonable opportunity to cure.
(D) Federal Way will terminate this Agreement
a) Should Issaquah elect to discontinue pursuit of PREA compliance;
b) Should Issaquah be found in noncompliance through a PREA Audit and fail to cure
such noncompliance within the identified time -frames; or
c) Should Issaquah be found to be in egregious violation of PREA.
26. SEVERABILITY
Should any provision of this Agreement be determined to be unenforceable by a court of law,
such provision shall be severed from the remainder of the Agreement, and such action shall not
affect the enforceability of the remaining provisions herein.
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46
IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so,
acknowledge that they have read this Agreement, understand its terms, and enter this
Agreement in a knowing, intelligent, and voluntary manner.
CITY OF ISSAQUAH
CITY OF FEDERAL WAY
By: By: Jim Ferrell
Its: Its: Mayor
Date: Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By: Stephanie Courtney
Its: City Clerk
Date:
APPROVED TO AS FORM:
By: J. Ryan Call
Its: City Attorney
Date:
Page 9 of 9
47
CITY OF
Federal Way
Centered on Opportunity
This page was intentionally left blank.
48
COUNCIL MEETING DATE: October 18, 2022 ITEM
CITY OF FEDERAL W
CITY COUNCIL
AGENDA BILL
SUBJECT: INTERLOCAL AGREEMENT AMENDMENT BETWEEN CITY OF FEDERAL WAY AND FEDERAL WAY
PUBLIC SCHOOLS FOR SCHOOL RESOURCE OFFICERS
POLICY QUESTION: Should the Police Department extend the existing interlocal agreement with Federal Way
Public Schools for the school resource officer program?
COMMITTEE: PRHSPSC MEETING DATE: October 11, 2022
CATEGORY:
® Consent
❑ Ordinance
❑
Public Hearing
❑ City Council Business
❑ Resolution
❑
Other
STAFF REPORT BY. Cary Murphy, Commander DEPT: Police
Attachments: 1. Staff Report
2. Interlocal agreement
3. Amendment to extend Interlocal agreement
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
COMMITTEE RECOMMENDATION: `I move to forward the proposed Agreement to the October 18, 2022 Regular
Council Meeting Consent agenda for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to
execute said agreement. "
(BELOW To BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED Firatrending
❑ TABLED/DEFERREDMO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordmances only) ORDINANCE
REVISED- 11YL019 RESOLUTION #
49
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 11, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Interlocal agreement amendment between City of Federal Way and Federal
Way Public Schools for School Resource Officers
Backrrounr� Tveinrmniinra•
ar as a,aa�a vaaaau aaaava aaau cavaa.
The Federal Way Police Department has partnered with Federal Way Public Schools to
provide school resource officers since 1997. This interlocal agreement would provide
four (4) school resource officers (SRO's), one at each of the main high schools in the
District. Representing Federal Way PD and law enforcement in general, SRO's must
embrace the opportunities to positively interact with youth.
This proposed extension amendment of the existing interlocal agreement (ILA) would be
for one (1) calendar year — the 2022 to 2023 school year and would provide four (4)
officers to the schools. One officer would be assigned to each of the main high schools.
Per the ILA, the district would compensate the City calculated as the number of officers
multiplied by 73.09% of the annual cost to the City for each officer (73.09% represents
the ratio of 182 days worked under this contract to the total of 250 days worked annually
by an officer). Adjustments to this calculation may change due to labor agreements or
other required changes in officer compensation.
50
Rev. 7/18
CITY OF
Fe d e ra I
Wa
CITY HALL
33325 8th Avenue South
Federa€ Way, WA 98003-6325
x
y
(253) 835-7000
.vww chyokederalway. coin
AMENDMENT NO. 1
TO
THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO.210
FOR
SCHOOL RESOURCE OFFICERS
This Amendment ("Amendment No. I") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and the Federal Way School District No. 210, ("District") The City and District (together
"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement
for School Resource Officers ("Agreement") dated effective September 1, 2021 as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than August 31, 2023 ("Amended Term").
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
51
AMENDMENT - 1 - Rev. 3/2017
CITY OF CITY HALL
Federal
33325 8th Avenue South
At
Federal Way, WA 98003-6325
(253) 835-7000
www ci4yoffederalway Coin
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
1.2
Jim Ferrell, Mayor
DATE:
FEDERAL WAY PUBLIC SCHOOL DISTRICT NO. 210
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
ss.
COUNTY OF
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
On this day personally appeared before me to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
20
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT
52
-2-
Rev. 3 /2017
COUNCIL MEETING DATE: October 18, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: MODIFYING THE CITY'S REGULATION OF SHOPPING CARTS
POLICY QUESTION: Should the City adopt an ordinance modifying the City's currently existing code regulating
shopping carts?
COMMITTEE: PRHSPSC MEETING DATE: October 11, 2022
CATEGORY:
❑, Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kent Van AIS ne, Assistant City Attome DEPT. LAW
....-�—__....._t ._�__.___ .......__ _._
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
DIRECTOR APPROVAL:—d1qC tokin
Ina mae
COMMITTEE RECOMMENDATION: 7 move to forward the proposed ordinance to First Reading on October 18,
2022.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE OCTOBER 18, 2022: "1 move to forward the proposed ordinance to the
November 1, 2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE NOVEMBER 1, 2022: `]move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED By CITYCLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL
❑ DENIED Firat reading
❑ TABLEDmEFERREDINO ACTION Eoaetmentreading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE N
REVISED- 11t2019 RESOLUTION 9
53
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 4, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: J. Ryan Call, City Attorney
Kent van Alstyne, Assistant City Attorney
SUBJECT: Modifying the City's Regulation of Shopping Carts
F-hn.- .cia1 1mnactS-
City of Federal Way ("City") Staff have proposed allocating $250,000 in the 2023 City
Budget to finance operation and enforcement of the shopping cart program. This budget
allocation would cover additional required staffing (administrative, field worker), as well as
equipment and operational costs (storage for personal property, truck and trailer).
All other staffing requirements not covered by the proposed budget allocation incurred
through enforcement of the abandoned shopping cart program would be internalized among
existing personnel.
Background Information:
A. Current Shopping Cart Regulation in the City
In 2018, the City Council passed Ordinance No. 18-858, which first established regulations
specifically governing abandoned shopping carts in the City — meaning that the cart is not
currently in anyone's possession. The City's abandoned shopping cart regulations are
codified in Chapter 7.25 of Federal Way Revised Code ("FWRC"). Chapter 7.25 FWRC
currently regulates abandoned shopping carts by:
(1) requiring identification signs on all shopping carts in the City in compliance with
state law;
(2) providing for an impoundment program for abandoned shopping carts on public and
private property with associated owner notification; and
(3) charging shopping cart owners impound fees, but deferring such fees for the first
three carts attributable to each owner each month if the owner has established
security measures to prevent removal of the shopping carts from the premises.
5�
Violations of current Chapter 7.25 FWRC are enforceable under the standard mechanisms for
civil enforcement of code. While the current code regulates abandoned shopping carts, there
is no current civil regulation in code of other shopping carts off the store's property in
possession of a person.
In addition to the civil regulation of abandoned shopping carts in the City, the City has
adopted into code the misdemeanor offense of shopping cart theft in RCW 9A.56.270.Only
unauthorized removal or possession of shopping carts with required identification signs
constitutes a crime. The maximum penalty under state law for shopping cart theft is a $1,000
fine, and 90 days in jail. Shopping cart theft in the city is enforced through the police
department.
B. Proposed Modifications to Shopping Cart Regulation
The proposed ordinance contains several amendments to shopping cart regulation in the City
("Ordinance"). Specifically, the Ordinance:
(1) makes possession of a shopping cart (whether appropriately signed or not) in a City
right-of-way a Class III infraction, and specifically makes shopping cart found in the
city right-of-way subject to seizure;
(2) expands the impound program to cover both impounds of abandoned shopping carts,
as well as seizures of stolen shopping carts and any shopping carts illegally in the
right-of-way;
(3) modifies the impound/seizure fees to exempt all carts that have a legally sufficient
identification sign;
(4) provides that the city must develop procedures for appropriate treatment and storage
of personal property in seized shopping carts;
(5) establishes a stand-alone provision in the City criminal code related to shopping cart
theft, similar to the current provisions regarding graffiti crimes.
The proposed modifications will allow for expanded impound and seizure of not only
abandoned shopping carts, but also stolen shopping carts with the required identification
signs, and any shopping cart found in the city right-of-way.
5�5
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the regulation of shopping carts within the City; amending FWRC
7.03.020, 7.25.030 and 7.25.040; adding a new section to Chapter 6.30
including section 6.30.070; and adding a new section to Chapter 7.25
including section 7.25.070. (Amending Ordinance No. 18-858.)
WHEREAS, Article XI, Section 11 of the Washington State Constitution authorizes the City
Council ("Council") of the City of Federal Way ("City") to make all local police and other
regulations so long as they do not conflict with general state laws; and
WHEREAS, RCW 35A.11.020 authorizes the Council to adopt and enforce ordinances
regulating municipal affairs and impose civil penalties not exceeding five thousand dollars and
criminal penalties as described by state law; and
WHEREAS, the Council has enacted the City's ordinances, some of which are set forth in the
Federal Way Revised Code ("FWRC") including Chapter 6, which regulates criminal activity in
support of public safety and welfare, and Chapter 7, which identifies public nuisances; and
WHEREAS, retail businesses provide shopping carts for the convenience of customers
shopping on the premises of the businesses; and
WHEREAS, abandoned, lost, and/or stolen shopping carts on public or private property
contribute to conditions of blight in the community and reduce property values; and
WHEREAS, such shopping carts on public or private property can obstruct free access to
sidewalks, streets, and other rights -of -way, interfere with pedestrian and vehicular traffic on
pathways, driveways, public and private streets, and impede emergency services; and
WHEREAS, on December 4, 2018, the Council passed Ordinance No. 18-858, which
Ordinance No. 22-
Page I of 9
Rev 1/22
56
regulates abandoned shopping carts in the City as provided in Chapter 7.25 FWRC; and
WHEREAS, shopping cart theft, as defined in RCW 9A.56.270, is a misdemeanor in the
State of Washington; and
WHEREAS, the City has adopted RCW 9A.56.270 by reference in Chapter 6.30 FWRC; and
WHEREAS, the Council desires to modify and supplement the City's current regulation of
abandoned, lost, and/or stolen shopping carts in the City to benefit the public health, safety, and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by protecting public health and safety.
Section 2. Chapter 6.30.010 of the Federal Way Revised Code is hereby amended to read as
follows:
6.30.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes are adopted by reference:
[3y��
9.26A.110 Fraud in obtaining telecommunications service— Penalty.
9.54.130 Restoration of stolen property— Duty of officers.
9A.56.010 Definitions.
Ordinance No. 22-
Page 2 of 9
Rev 1/22
*A
9A.56.020 Theft— Definition, defense.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.096 Theft of rented, leased, or lease -purchased property.
9A.56.140 Possessing stolen property— Definition, credit cards, presumption.
9A.56.170 Possessing stolen property in the third degree.
9A.56.220 Theft of cable television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.280 Credit, debit cards, checks, etc. —Definitions.
Section 3. Chapter 7.03.020 of.the Federal Way Revised Code is hereby amended to read as
follows:
7.03.020 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Abandoned" means any property, real or personal, which is unattended and either open or unsecured
so that admittance may be gained without damaging any portion of the property, or which evidences
indicia that no person is presently in possession, e.g., disconnected utilities, accumulated debris,
uncleanness, disrepair and, in the case of chattels, location. Length of time or any particular state of
mind of the owner or person entitled to possession are not conclusive in determining that property is
abandoned.
Ordinance No. 22-
Page 3 of 9
Rev 1/22
m
"Abandoned or lost shopping cart" means any shopping cart left unattended or discarded upon made
m,ailable f0f eustomer-s to use that has been removed ffem the fetail establisIhment's premises-,
without twritten d is * ,a on eitht- qU public property in the city, or
private property other than the remises of the retail establishment from which the shopping cart was
removed.
"Attractive nuisance" means the circumstance or condition which may reasonably be expected to
attract young children and which constitutes a danger to such children. Attractive nuisances include
but are not limited to unused or abandoned refrigerators, freezers, or other large appliances or
equipment or any parts thereof, abandoned motor vehicles; any structurally unsound or unsafe fence
or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank, or shaft; and any
lumber, trash, debris, or vegetation that may prove a hazard for minors.
"Building," in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway
car, cargo container, or other structure used for the lodging of persons or for carrying on business
therein, or for the use, sale or deposit of goods. Each unit of a building consisting of two or more
units separately secured or occupied is a separate building.
"Director" means the director of the community development department or a person designated by
the director of the community development department.
"Hearing officer" means the mayor, or his or her designated representative.
"Junk" means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or
appliances or parts of such machinery or appliances, wood, debris, trash, waste, household goods or
hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or
inoperable motor vehicles or vehicular component parts.
Ordinance No. 22- Page 4 of 9
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"Junk vehicle" means any vehicle substantially meeting at least three of the following conditions:
(1) Is three years old or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a broken
window or windshield or missing wheels, tires, motor, or transmission;
(3) Is apparently inoperable;
(4) Has an approximate fair market value equal only to the approximate value of the scrap in it.
"Junkyard" means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
"Litter" shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, garbage,
wastepaper, packing material, scrap iron, wire, metal articles, discarded furniture and appliances,
junk, broken stone or cement, broken crockery, discarded building materials, inoperable bicycles or
bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings,
and all other trash, including abandoned inflammable materials, which are a fire hazard or a menace
to the public health, safety, or welfare.
"Shopping cart" means a basket mounted on wheels or a similar device of the type generally used in
a retail establishment by a customer for the purpose of transporting goods of any kind.
"Stolen shopping cart" means a shopping cart that is both:
(1) Marked with an identification sign in compliance with FWRC 7.25.030• and
(2) Removed from the parking area of a retail establishment with the intent to deprive the owner of
the shopping cart the use of the cart.
Section 4. Chapter 7.25 of the Federal Way Revised Code is hereby amended to read as
follows:
Ordinance No. 22-
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Chapter 7.25
ABANDONED SHOPPING CARTS
Section 5. Chapter 7.25.040 of the Federal Way Revised Code is hereby amended to read as
follows:
7.25.040 Impoundment and fees.
(1) Impoundment of abandoned or lost shopping carts. The city may immediately impound an
abandoned or lost shopping cart on private land within the city with the consent of the party in
possession of the land and may immediately impound an abandoned or lost shopping cart on public
land within the city.
(2) Seizure of shopping carts Any stolen shopping cart may be seized as part of a criminal
investigation under FWRC 6 30 010 FWRC 6.30.070 or other applicable criminal law. Any .
shopping cart operated in violation of FWRC 7.25.070 is also subject to seizure.
(23) Notification. The city shall notify the owner of each impounded or seized shopping cart in
writing if the shopping cart has an identification sign as required by FWRC 7.25.030, The director
may establish by rule a process for owners to register a preferred method of notification. If delivered
by U.S. mail, the notice shall be deemed to have been received three days after mailing.
The notice shall state the amount of the impound or seizure fee and that the owner has 14 days from
the date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is
not retrieved within 14 days, the city may dispose of the shopping cart.
(34) Impound or seizure fee. The city shall charge a shopping cart impound or seizure fee to the
owner of each abandened shopping cart impounded or seized by the city, unless the shoppingcart is
exempt from such impound fee under FWRC 7.25.040(4)fe����. Each shopping
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cart impounded or seized by the city shall constitute a separate violation. The shopping cart impound
fee shall be per the fee schedule maintained by the city clerk.
(45) Fee exemptionde� . The eit , shall def r ; „'' f es f r the fifst three ;Impounded or
seized shopping carts that are compliant with the identification sign requirement of FWRC 7.25.030,
within any ealendar month owned by any retail establishment that, prior- to the shall be exempt from
the impound or seizure fee. The eity shall defer no impound fees fef a paffiettlar f etail establishme
Section 6. Chapter 6.30 of the Federal Way Revised Code is hereby amended to add a new
section 6,30.070 to read as follows:
6.30.070 ShoppinIz cart theft.
(1 ) Adoption. RC W 9A.56.270, Shopping cart theft, as now enacted or hereafter amended is adopted
by reference.
(2) Seizure. Any such stolen shopping cart shall be subject to seizure related fees as provided bX
FWRC 7.25.040.
(3) Personal property. The city shall develop procedures to ensure appropriate treatment and/or
storage of any personal property located in a shopping cart subject to seizure in accordance with
applicable law.
Section 7. Chapter 7.25 of the Federal Way Revised Code is hereby amended to add a new
section 7.25.070 to read as follows:
7.25.070 Operation of shopping cart on public right-of-way.
It is a Class 3 civil infraction under RCW 7.80 to push, pull, possess or otherwise operate a shopping
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cart on a public right-of-way.
Section 8. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its`application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 10. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 11. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
Ordinance No. 22-
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 22-
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