AG 23-123 - KING COUNTY JAILRETURN TO: Kurt Schwan EXT: 6875 1
I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I
1. ORIGINATING DEPT./DIV: Police
2. ORIGINATING STAFF PERSON: Kurt Schwan
EXT: 6875
3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): A INTERLOCAL
❑ OTHER
5. PROJECTNAME: Jail Services Agreement between King County and Federal Way
6
NAME OF CONTRACTOR: King County Jail
ADDRESS: 516 Third Ave, Room E-245, Seattle Washington 98104
E-MAIL:
SIGNATURE NAME:
_TELEPHONE 206-477-2300
_ FAX:
TITLE
7. EXHIBITS AND ATTACHMENTS: IN SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE:. January 1, 2023
COMPLETION DATE: December 31, 2024
9. TOTAL COMPENSATION $ $548,000.00 (estimate based on 2022 usage and 2023 fee schedule) (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES 19 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: i 2 o2 4 -12 6 d
10. DOCUMENT/CONTRACT REVIEW
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
LAW
11. COUNCIL APPROVAL (IF APPLICABLE)
12. CONTRACT SIGNATURE ROUTING
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
JRC 10/3/22
Za COMMITTEE APPROVAL DATE: 0 COUNCIL APPROVAL DATE: �UpL
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL I AT .SIGNED
W AW DEPARTMENT
YSIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# AG#
COMMENTS:
2/2017
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 III, 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 confuting a person where one or more
of the following applies, whether pre-trial or post -trial. (See Exhibit I for further billable
charge rules.):
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.
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 (CLAP).
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 Inmate" 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 "Innate 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, "Inmate Day" means confinement in accordance with
Exhibit II.
3
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 1.26. 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 Irunate" 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 Inmate 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.
rd
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.
2. 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
0
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 Chi. 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 maybe 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
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 BdIine 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 (60) 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 Inmates 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 11.11 of this Agreement, and will inform
the City whether the County intends to continue to house Contract Cities Inmates 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
0
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 Inmate . 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 11.11, 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 11.11, 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 a jail 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.
9
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.
Jail Plannine.
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.
8. 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
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 terminate 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.
11
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 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 F Ageements. 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 A e� 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. Modificalions. 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 Majeure. 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.
12
Interlocal Agreement: Jail Services — City of Federal Way
11.11. 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 WE, 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. Filing As provided by RCW 39.34.040, this Agreement shall be filed with the King County
Department of Records and Elections.
11.14. Assignment/SWKontracting. 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.
191
Interlocal Agreement: Jail Services — City of Federal Way
King County
King County Executive
Date
Approved as to Form:
King County
Deputy Prosecuting Attorney
Date;
The City of Federal Way
hr0rell
Mayor
_ d "
Date
Approved as to Form:
r
�Call, Federal Way ty Attorney
f yan
l � I 1,1� 2
Date
14
Interlocal Agreement: Jail Services — City of Federal Way
King County
King County Executive
4/20/23
Date
Approved as to Form:
John Gerberding
King County
Deputy Prosecuting Attorney
4/20/23
Dater
The City of Federal Way
A/
well, Mayor
Date
Approved as to Form:
r
Ryan Call, Federal Way Oly Attorney
75 l L Zo .
Date
14
Interlocal Agreement: Jail Services — City of Federal Way
EXHIBIT I
Method of Determining Billable Charge and Agency
Process Oveniew
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
Thu R;ttina Prinrit., Crniin is datPrmine..d in the fnifowinm order:
1.
Local felony cbarge(s)
A local felony charge is filed by the King County
Prosecuting 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 chafe with the longest im osed 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
agency that matches the arresfing aEnCY 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.
15
Interlocal Agreement: Jail Services — City of Federal Way
Attachment 1-1: City and County Jail Charges Clarification
This document contains several examples consistent with Section 1.6 of this Agreement.
#
I 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 (Le., 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.
KO
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.
17
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 7h/23 0700
Released 7/3/23 0700
Number of Inmate days = 2
Two-day sentence served on non-consecutive days:
John Doe
Booked 7/1/23 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.
18
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 M.
1. MAINTENANCE CHARGE AND CAPITAL EXPENDITCTRE 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 Inmate 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.
i. 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
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.
b. 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
Interlocal Agreement: Jail Services — City of Federal Way
b. 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 hunate 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 hunate.
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
Interlocal Agreement: Jail Services — City of Federal Way
i. Infirmary Care Surcharge
ii. Psychiatric Care Surcharge
b. Final Fee Char a and Surchar a Notice for Followin 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.
22
Interlocal Agreement: Jail Services — City of Federal Way
Attachment III-1
Summary Description of Medical Cost Model Surcharges and Pass -Through Charges
Surcharge
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
a. Psychiatric Care Surcharge
Costs for Jail Health Services (JHS) treatment team for
services listed below for Psychiatric Care.
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
com onent
a. Psychiatric Care Surcharge
_
Costs for JHS Psychiatric treatment team for services
listed below for Psychiatric Care. -
4.
Infirmary Care
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
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.
44 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
conditions requiring extensive treatment and
frequent monitoring; and
•;• Individuals with severe respiratory problems
requiring nebulizer treatments, oxygen and close
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.
24
COUNCIL MEETING DATE: October 18, 2022
ITEM #:
7e
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 for jail 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 Schwan, 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
MAYOR APPROVAL. ! a t4-FA DIRECTOR APPROVAL:
Co meta auneil M. lnrtiail ate {
Iniiiail�aie iniain][Datc
COMMIT RECOMMENDATION: I move to forward the Jail Services Contract with the Jail to
the 1 ber 1 , 2022, Council consent agenda for approval.F4ve4 � z .
�r�'c�S +-•�
rt tne1
ommittee Chair Committee Member Committe e ber
ISED COUNCIL MOTION: "I move approval of the Jail Services Contract with the King Counh• Jail and
ize the Mayor to sign said agreement".
BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
�
APPRL7V�UNCII. ACT�10(owb?",
COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 12/2017 RESOLUTION #
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 lm acts:
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.
Rev. 7/18