AG 23-153 - KENT CITY JAILRETURN TO:: Kurt Schwan / PD
EXT: 6875
l CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: PD I PROFESSIONAL STANDARDS
2. ORIGINATING STAFF PERSON: KURT SCHWAN
4.
EXT: 6875
DATE REQ. BY: asap
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#): IN INTERLOCAL
❑ OTHER
S. PROJECTNAME: JAIL SERVICES- INMATE HOUSING (KENT CITY JAIL)
6. NAME OF CONTRACTOR: KENT CITY JAIL
ADDRESS: : 1230 CENTRAL AVE S, KENT, WA. TELEPHONE 253-856-5860
E-MAIL: FAX:
SIGNATURE NAME PADILLA rITITLE CHIEF OF POLICE
7. EXHIBITS AND ATTACHMENTS:11 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 2023
COMPLETION DATE: DECEMBER 31. 2028
9. TOTAL COMPENSATION $ $350,000.00 ANNUAL ESTIMATE (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ®NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW
A PROJECT MANAGER
A DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
IN LAW
INITIAL / DATE REVIEWED
KS 4/18/23
JE 4121/23
INITIAL / DATE APPROVED
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: �0'?0-
12. CONTRACT SIGNATURE ROUTING
❑ 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! DATE SIGNED
LAW DEPARTMENT Z
It SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# AG# —
COMMENTS:
V201 7
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FEDERAL WAY AND THE CITY OF KENT FOR
JAIL SERVICES
THIS AGREEMENT is entered into by and between the City of Federal Way ("Federal
Way"), a municipal corporation in the State of Washington and the City of Kent ("Kent"), a
municipal corporation in the state of Washington, collectively the ("Parties").
WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation
Act, Ch. 39.34 RCW; and
WHEREAS, pursuant to state law, Federal Way is responsible for the incarceration of
suspects and defendants held pending resolution of misdemeanor cases and upon conviction for
misdemeanor crimes committed in Federal Way ("Federal Way Inmates"); and
WHEREAS, Federal Way does not own a facility suitable for incarcerating Federal Way
Inmates; and
WHEREAS, Kent, which is located in King County, operates a municipal corrections
facility known as the Kent Corrections Facility ("KCF"); and
WHEREAS, Kent is willing to provide for the housing of Federal Way Inmates pursuant
to this Agreement; and
WHERAS, the Federal Way Municipal Court has reviewed sections of this agreement
that impose duties upon the court;
NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is
mutually agreed by and between Federal Way and Kent as follows:
1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide for the
incarceration of Federal Way Inmates at the KCF; to establish the services that Kent will provide
pursuant to the incarceration of Federal Way Inmates as well as the responsibilities of Federal
Way; and to set forth the fees to be paid by Federal Way for such services.
2. JAIL SERVICES PROVIDED. The KCF shall provide the jail services to Federal Way
as provided in this Agreement.
2.1 Federal Wax Inmate — Defined. A Federal Way Inmate is defined as a person 18
years of age or older who is arrested for, charged with, or convicted of a misdemeanor offense
committed in the city limits of Federal Way or who has an active Federal Way warrant, and who
is booked into or otherwise entered into the KCF. Prior to booking a female inmate, Federal
Way will contact the KCF to ensure there is adequate available space for female inmates. In the
event a person is booked into the KCF and the person has a Federal Way warrant, that person
shall be considered a Federal Way Inmate regardless of which agency books the inmate, and
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 1 of 9
regardless of whether the inmate has a warrant from any other agency. Such inmate shall remain
a Federal Way Innate until the warrant is quashed by a court or the defendant is released or
removed from custody on the charge. In the event an inmate has both a Kent warrant and a
Federal Way warrant, Federal Way shall not be responsible for the booking fee.
2.2 Guaranteed Space. The KCF shall provide Federal Way with space for five
Federal Way Inmates for each day that this Agreement is effective. These five spaces shall be
referred to as "Guaranteed Space." This Guaranteed Space shall be reserved only for Federal
Way Inmates as that term is defined in this Agreement. Federal Way shall pay for the
Guaranteed Space whether or not the Guaranteed Space is occupied by Federal Way Inmates.
Guaranteed Space shall include bed space on the hard -side of the jail, or participation in KCF
programs (as described in Section 2.6) other than electronic home detention ("EHD").
2.3 Additional Space. The KCF may have additional jail space, beyond the reserved
Guaranteed Space, available depending on its jail population, which fluctuates on an hourly
basis. Jail space made available beyond the Guaranteed Space shall be referred to as
"Additional Space." In the event Federal Way brings a Federal Way Inmate to the KCF for
processing when the Guaranteed Space is occupied, it will be presumed that Federal Way is
requesting Additional Space, and Additional Space will be made available at the discretion of
the KCF. In the event Additional Space is made available, the Additional Space shall be paid
for at the rate provided for in Section 3.2 of this Agreement. In the event Additional Space is
not available, Federal Way shall be solely responsible for making other arrangements for the
incarceration of the Federal Way Inmate. Additional Space shall be considered occupied if a
Federal Way Inmate occupies bed space on the hard -side of the jail, or participates in KCF
programs other than EHD. Federal Way shall endeavor to notify the KCF when it intends to
engage in law enforcement action that will likely result in a mass booking (i.e. the booking of
three or more people) and the need for more than normal Additional Space.
2.4 Notification of Number of Inmates. KCF shall provide Federal Way, via
facsimile or other electronic transmission sent Monday through Friday, excluding holidays, with
a list of Federal Way inmates. This list shall include a list of all Federal Way inmates booked
and/or released for the 24-hour period.
2.5 Terms Conditions and Policies. Except as otherwise provided in this Agreement,
Federal Way Inmates shall be subject to the same terms and conditions of confinement as Kent
inmates, shall be subject to the same policies and procedures applicable to Kent inmates, and
shall be provided the same services as Kent inmates. By way of example and not by way of
limitation, this shall include policies and procedures regarding good time credit, the disciplinary
process, the standards of release, and medical temporary releases.
2.6 Pra ams — Incarceration Alternatives. Subject to KCF policies and procedures,
Federal Way Inmates may have the same opportunities as Kent inmates to participate in
alternative programs such as but not limited to EHD, work release, and work crew. With the
exception of EHD, a Federal Way Inmate participating in a program shall count as a Federal
Way Inmate occupying Guaranteed Space, or if there are more than five Federal Way Inmates,
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 2 of 9
Additional Space. The KCF may charge Federal Way Inmates a fee to participate in certain
programs, such as EHD or work release, consistent with the rates charged to Kent inmate.
2.7 Medical Program. Federal Way Inmates shall receive the same type and level of
medical care, and medications under the same circumstances, as Kent inmates. Medical care
and medications that are provided at the KCF by Occupational Health Services ("OHS") staff on
contract with the KCF shall be included in the rates charged for Guaranteed Space and
Additional Space; provided, that in the event it is determined that an inmate is in need of
medication that exceeds a cost of $1,000.00 per month to provide, the KCF shall place Federal
Way on notice of the need, and after 72-hours of receiving such notice, Federal Way shall be
responsible for covering the costs of the medications that accrue after the 72-hour notice period.
2.7.1 Medical Care Outside of KCF — Federal Way Responsible. Any medical
care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Federal
Way Inmate, but which is provided to a Federal Way Inmate at a location other than KCF, or by
medical staff other than OHS staff on contract with KCF, shall be an additional cost to Federal
Way, and Federal Way shall be responsible for payment of such medical care costs. Federal
Way shall also be responsible for any costs of transport of inmates by way of ambulance service
to an outside medical facility. Invoices from outside medical providers or ambulance service
providers shall be forwarded to Federal Way for payment by Federal Way directly to the
provider. KCF will, upon request, assist Federal Way in the effort to reduce medical costs billed
by outside providers.
2.7.2 Medical Temporary Release. Federal Way acknowledges that some
Federal Way Inmates may have extraordinary medical care needs, and that the KCF, as a
municipal facility, is not in the best position to provide medical care for these Federal Way
Inmates. As a condition of this Agreement, the Federal Way Municipal Court shall be required
to adopt the standards of release relating to medical temporary releases adopted by the Kent
Municipal Court as now adopted or later amended. In the event KCF staff determines that a
Federal Way Inmate's medical needs should be addressed by a facility other than the KCF, KCF
staff may issue a medical temporary release that is consistent with the standards of release for
the KCF as approved and adopted by the Federal Way Municipal Court, and shall provide for a
follow-up court date. In addition, Federal Way shall have the authority to issue a medical
temporary release.
2.7.3 Booking of Ill or Injured Inmates or Inmates in Mental Crisis. It is
recognized that the KCF provides medical services to inmates treatable on site, and that
significant medical needs are treated off -site. Federal Way shall not book into the KCF Federal
Way Inmates with medical emergencies or major medical needs, including inmates in severe
mental health crisis.
Inmates who are diagnosed with medical or mental health conditions that are stable through
medication or treatment management will be accepted. It is not necessary for the inmate to have
their prescribed medication with them at the intake process. In the event an inmates medical or
mental health condition becomes unmanageable Federal Way will make arraignments to relocate
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 3 of 9
the inmate.
2.7.4 KCF Medical Transportation and Medical Su mision Costs.
Reimbursement for all actual costs incurred by Kent when transporting Federal Way Inmates to
medical facilities and for supervising Federal Way Inmates during medical appointments or
procedures (for example, inmates who are at a high risk of reoffending and ineligible for a
medical temporary release pursuant to the adopted standards of release) are Federal Way's sole
responsibility and shall not be included in the payment for Guaranteed Space. At each billing
cycle, Kent will invoice Federal Way for the cost of any Federal Way inmate medical
transportation costs, including supervision costs, incurred during a billing period. The costs
shall be charged at a rate of $100 per hour. Time shall be charged in 15-minute increments
rounded to the nearest increment. [Example: An inmate is transported to a medical procedure, is
supervised during the procedure, and is then transported back to the KCF. The officer spends
two hours and 18 minutes performing this task. Federal Way would be billed $250.00 for the
task]. This cost will be charged whether a KCF officer or Kent police officer performs the
transport and supervision.
2.8 Transporting Federal Way Inmates to Court or Other Jail facilities. Federal Way
shall arrange for the transport of Federal Way Inmates to all court appearances. Kent shall not
be responsible for transporting Federal Way Inmates to court. Transportation for court services
shall be the sole responsibility of Federal Way.
Federal Way may contract with other agencies for jail services. Federal Way and Kent
shall establish an operational policy regarding the transport of Federal Way Inmates from or to
the KCF and from or to other correctional facilities. The operational policies shall establish a
regular and efficient schedule for the transportation of Federal Way Inmates to reduce the
frequency of transports. The operational policy shall also aim to avoid the transport of pretrial
detainees from the KCF to a jail facility in eastern Washington in the event a court date that will
result in the return of the Federal Way Inmate to the KCF is pending.
For inmates who have both Kent and Federal Way cases, First Court appearance priority
will be given to the arresting agency corresponding to that appearance.
2.9 Video Court Services. KCF may make available the KCF library and video link
between the KCF and the Federal Way Municipal Court in order to facilitate video hearings by
the Federal Way Court for Federal Way Inmates incarcerated at the KCF. The scheduling of
video link usage shall be mutually agreed upon by Kent and Federal Way; provided, the Kent
Municipal Court shall have priority when establishing a time for video hearings.
2.10 Confidential Meeting Space for Federal Way Inmates and Defense Counsel. KCF
shall make space available for Federal Way Inmates to meet confidentially with defense counsel
in order to provide inmates with the effective assistance of counsel.
2.11 Release of Federal Way Inmates. KCF shall release Federal Way Inmates
pursuant to a signed order from the Federal Way Municipal Court Judge, Commissioner or Judge
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 4 of 9
Pro Tem. KCF shall accept the Federal Way Judge's orders sent via facsimile or other form of
electronic transmission to the KCF.
Federal Way Inmates shall be released to a Federal Way police or transport officer at a
prescheduled time as agreed to by the Parties, and the Federal Way police or transport officer
shall release Federal Way inmates within the city limits of Federal Way. Federal Way inmates
shall not be released by Federal Way within the city limits of Kent unless the inmate is a resident
of Kent. In the event an inmate is released on the weekend, or as a result of an emergency that
results in the unavailability of a Federal Way police or transport officer, inmates may be
transported by a Kent police officer to Federal Way or provided with a bus voucher; provided,
Federal Way shall be responsible for the actual costs of the Kent police transport or bus voucher
which shall be invoiced in accordance with this Agreement.
As a condition of this Agreement, the Federal Way Municipal Court shall adopt standards
of release applicable to Federal Way Inmates that are to be followed by KCF staff. The
standards of release adopted by the Federal Way Municipal Court shall be the same as the
standards of release adopted by the Kent Municipal Court.
2.12 Use of Electronic Home Monitoring Contractor for Federal Way Defendants not
Incarcerated in the KCF Permitted. Nothing in this Agreement shall be interpreted to limit the
authority of a Federal Way judge from ordering or permitting a Federal Way defendant that is
not in the custody or control of KCF to use a provider of electronic home detention services
other than the service provided by the KCF as a condition of a sentence or pre-trial release.
However, if a Federal Way inmate is sentenced to a term of confinement in the KCF, that inmate
shall be considered a Federal Way Inmate and shall be subject to the rules, policies and
procedures of the KCF. KCF, at its sole discretion and subject to the policies and procedures of
the KCF, will determine whether an inmate will serve his or her time on the KCF's EHD
program. The Federal Way judge shall not have the authority to designate a particular EHD
program for any Federal Way inmate once the Federal Way inmate is in the custody or control of
the KCF.
3. FEES. In consideration of the services enumerated in this Agreement, the Parties agree to
the fees and charges below. In order to provide clarity to the Parties, Exhibit A has been
attached to describe the below application of inmate fees for Guaranteed Space and Additional
Space.
3.1 Guaranteed Space — Fee. Federal Way shall pay for Guaranteed Space, as that
phrase is described elsewhere in this Agreement, at a rate of $825.00 per day ($301,125.00 per
year). This fixed fee for guaranteed space shall be paid regardless of whether the Guaranteed
Space is occupied or not.
3.2 Additional Space - Fee. The daily rate for Additional Space for each additional
Federal Way Inmate who occupies the KCF over and above the Guaranteed Space shall be
$21.25 per day for inmates on EHD, and $191.00 per day for occupied beds or participation in
programs other than EHD. A full day shall be charged for any Federal Way Innate who
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 5 of 9
occupies Additional Space for any period of a day. For example, and not by limitation, a
Federal Way Inmate who is occupying Additional Space and is booked into the KCF on Monday
at 9:00 p.m., and released the following Tuesday at 1:00 pm shall be deemed to have spent two
days in the KCF, and the cost of the daily rate shall be 2 x $191.00, for a total of $382.00.
3.3 Booking - Fee. Except as provided for in Section 2.1, Kent shall invoice Federal
Way for booking fees in the amount of $40.00 per booking. For the purposes of this section,
"booking" shall mean each instance in which a Federal Way Inmate is booked into the jail after
a period in which he or she was not subject to confinement at the KCF or participating in a KCF
jail program including KCF operated EHD. Federal Way Inmates who are transported for a
court hearing and then transported back to the KCF at the conclusion of the hearing will not be
considered booked when readmitted to the KCF. Inmates who return to the KCF on their own
free will after a temporary release or medical release shall not be considered booked when
readmitted to the KCF.
3.4 Additional Costs. Kent shall invoice Federal Way for all other costs as set forth
in this Agreement, including:
a. The costs of medications in accordance with Section 2.7 of this Agreement.
b. The costs to Kent of providing transportation and supervision services to
offsite medical facilities in accordance with Section 2.7.1 of this Agreement.
c. The cost of bus vouchers and the costs for Kent officers to transport Federal
Way Inmates to Federal Way upon release in accordance with Section 2.11 of
this Agreement.
Bills of medical services provided by medical providers outside of the KCF as well as
ambulance transport services to outside medical providers shall be forwarded to Federal Way for
payment by Federal Way
3.5 Annual Cost Inflator. On January 1, 2023, and on January 1 of each year thereafter
that this Agreement is in effect, including any year in which this Agreement is extended, the fees
set forth in Sections 3.1-3.2 shall be subject to an annual inflator in an amount equal to the Seattle -
Tacoma -Bellevue CPI-W for June of the preceding year; provided, in the event the Seattle -Tacoma -
Bellevue CPI-W for June of the preceding year is zero or a negative number, the fees set forth in
Sections 3.1-3.2 shall not be reduced.
4. BILLING AND PAYMENT. Federal Way shall pay Kent the fees and costs described in
this Agreement upon receipt of an invoice delivered no less than quarterly. The invoice shall be
sent to Federal Way at the address provided for notices. The bill shall identify the Federal Way
Inmates who occupied the KCF during the quarter by name, as well as the number of days each
Federal Way Inmate occupied jail space. The bill shall also provide the booking date and inmate
name for any booking fee charged, and shall describe all other fees or costs being invoiced by the
date, description, and basis for the fee or cost. Federal Way shall pay to Kent the amounts
invoiced within 30 days of receipt of such bill. The failure of Kent to invoice Federal Way for
fees or costs shall not relieve Federal Way of the responsibility for paying any fees or costs as
required by this Agreement.
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 6 of 9
The Parties may agree in writing to an alternate method or timing for invoicing and payment.
5. EFFECTIVE .DATE - TERMINATION. The initial term of this Agreement shall start
on January 1, 2023, and shall remain in effect through December 31, 2028, This Agreement may
be automatically renewed by the Parties for successive terms by written Agreement of the Mayor
of Federal Way and the Chief Administrative Officer of Kent. Agreements for successive terms
shall be agreed to by the Parties by October 1 of the year in which the current term.
5.1. Early Termination without Breach. Should either party desire to terminate this
Agreement absent a breach, a notice of termination shall be provided in writing to the other
party no less than 180 days prior to the effective date of the termination.
5.2. Early Termination for Breach. In the event a party is in material breach of this
Agreement, the non -breaching party shall provide the breaching party with written notice of
breach, along with an explanation of the basis for the breach and the method of curing the
breach. If the breaching party fails to cure the breach, this Agreement may be terminated by
written notice issued by the non -breaching party. In the event Federal Way is the party in
breach, Federal Way shall be subject to an early termination penalty of $24,750.00 for each
month remaining in the duration of the Agreement.
6. INDEMNIFICATION.
6.1. Kent shall indemnify and hold harmless Federal Way 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 any reason of or arising out of any act or omission of
Kent, its officers, agents, and employees, or any of them relating to or arising out of the
performance of this contract. In the event that any suit based upon such a claim, action, loss, or
damage is brought against Federal Way, Kent shall defend the same at its sole cost and expense,
provided that Federal Way retains the right to participate in said suit; and if final judgment be
rendered against Federal Way, and its officers, agents, and employees, or any of them, or jointly
against Federal Way and Kent and their respective officers, agents, and employees, or any of
them, the Parties shall apportion any damages between them according to the proportionate
amount of fault as set forth in the judgment.
6.2. Federal Way shall indemnify and hold harmless Kent 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 any reason of or arising out of any act or omission of
Federal Way, its officers, agents, and employees, or any of them relating to or arising out of the
performance of this contract. In the event that any suit based upon such a claim, action, loss, or
damage is brought against the Kent, Federal Way shall defend the same at its sole cost and
expense; provided that Kent retains the right to participate in said suit; and if final judgment be
rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against
Kent and Federal Way and their respective officers, agents, and employees, or any of them, the
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 7 of 9
Parties shall apportion any damages between them according to the proportionate amount of
fault as set forth in the judgment.
6.3 The provisions of this Section shall survive termination of this Agreement.
7. MISCELLANEOUS.
7.1 Financing. There shall be no financing of any joint or cooperative undertaking
pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for
any joint or cooperative undertaking pursuant to this Agreement.
7.2 Property. This Agreement does not provide for the acquisition, holding or
disposal of real or personal property.
7.3 Joint Administrative Board. No separate legal or administrative entity is created
by this Agreement. To the extent necessary, this Agreement shall be jointly administered by the
Police Chief for Federal Way or his/her designee, and the Police Chief for Kent or his/her
designee, who together, shall constitute the board contemplated in RCW 39.34.030(4)(a).
7.4 Failure to File or Publish. The failure of either Party to file or publish this
Agreement in accordance with RCW 39.34.040 shall not affect the enforceability of this
Agreement as between the Parties.
7.5 Entire Agseement. This Agreement constitutes the entire Agreement between the
Parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind any of the Parties hereto. Either party may request
amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be
incorporated by written amendment hereto.
7.6 Doctrine of Contra Proferentem Not Applicable. This agreement has been
prepared by both parties with advice of legal counsel and the legal doctrine of Contra
Proferentem shall not be used against either party to resolve any dispute about the meaning of a
provision.
7.7 Notices. Notices shall be sent to the following addresses:
Mayor and Chief Administrative Officer and
Police Chief Police Chief
City of Federal Way City of Kent
33325 8th Avenue South,1Suite 101 220 Fourth Avenue South
Federal Way, WA 98003 Kent, WA 98032
7.8 Attorneyy s Fees. Each party shall be responsible for its own attorney and legal
fees in any legal proceeding brought for the enforcement of this Agreement, or because of a
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 8 of 9
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement.
7.9 Severability. If, for any reason, any part, term or provision of this Agreement is
held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the Parties shall be
construed and enforced as if the Agreement did not contain the particular provision held to be
invalid. If it should appear that any provision hereof is in conflict with any statutory provision of
the State of Washington, said provision which may conflict therewith shall be deemed
inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed
modified to conform to such statutory provisions.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed.
CITY OF FEDERAL WAY:
Ji errell, Mayor
Dated:
Attest:
�ILLC.
phanie Courtney, City ler
Dated: 07J01,J9Va.3
Approved as to Form:
9J.yan Call, Ci Attorney
Dated: (e /27 /24z3
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 9 of 9
CITY OF KENT:
Dana Ralph, Mayor
Dated:
Approved as to Form:
Tammy White, City Attorney
Dated:
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement.
7.9 Severability. If, for any reason, any part, term or provision of this Agreement is
held by a court of competent jurisdiction to- be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the Parties shall be
construed and enforced as if the Agreement did not contain the particular provision held to be
invalid. If it should appear that any provision hereof is in conflict with any statutory provision of
the State of Washington, said provision which may conflict therewith shall be deemed
inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed
modified to conform to such statutory provisions.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed.
CITY OF FEDERAL WAY:
ii errell, Mayor
Dated: U.J
/7
Attest:
Stephanie Courtney, City Clerk
Dated:
Approved as to Form:
qNyEan Call, Ci Attorney
Dated: (e /27 202,3
Jail Interlocal Agreement between
City of Kent and Federal Way
Page 9 of 9
CITY OF KENT:
orDana Ralph, May
Dated:
07/06/2023
Approved to Form:
Ta-;nmy Whit., Ci Attorney
Dated: 6/3012023
COUNCIL MEETING DATE: June 20, 2023 ITEM #: 7d
. . . . . . . . ................ . . ....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: JAIL SERVICES INTERLOCAL AGREEMENT — KENT CITY JAIL
POLICY QUESTION: Should the Federal Way Police Department enter into an Interlocal agreement with the
Kent City Jail for jail services at the cost of approximately $350,000 annually?
COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: June 13, 2023
Council Committee — (PRHS&PSC)
CATEGORY:
N Consent ❑ Ordinance ❑ Public Hearing
-- City Council Business _ _ ❑ Resolution ❑ Other -- — -
STAFF REPORT BY: Kurt Schwan. Professional Standards Commander DEPT: Police
Attachments:
1. Staff Report
2. Kent City Jail Interlocal Agreement
Options Considered:
1. Approve the Kent City Jail Interlocal Agreement.
2. Do not approve the Kent Ci Jail Interlocal Agreement and."rovide direction to staff.
MAYOR'S RECOMMENDATION: 1. Option 1
MAYOR APPROVAL;W1nAia11EAtC
S 3 .S DIRECTOR APPROVAL:
cos niti• ou eii Iniiiak ate
InitiWfflate
COMMITTEE RECOMMENDATION: I move to forward the Kent City Jail Interlocal Agreement to the June 20,
2023, C consent agenda for approval.
mlttee Chair ammittee mb Committee Member
PROP ED COUNCIL MOTION: "I move approval of the Kent City Jail Interlocal Agreement and authorize the
Maya to sign said agreement".
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
> 1NCIL ACI'10�
. APPROVE t( l YU�� 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: June 13, 2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Jail Services Interlocal Agreement — Kent City Jail
Financial Impacts:
The Kent City Jail is one of the jail services providers the City of Federal Way Police
Department (FWPD) utilizes to house people FWPD arrests. The projected annual cost to
utilize the Kent City Jail, based on a daily five (5) bed guaranteed rate plus additional fees
(bookings over and above the minimum guarantee, medical and mental health fees, etc.)
would be approximately $350,000.00.
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 jail service
needs, creating an overall annual savings of $2,085,672 to the jail budget. Since the
transition, the FWPD has operated within the allocated budget in part due to the reduction of
jail services during the COVID-19 pandemic. The Kent City Jail is one of the jail services
providers utilized to house people arrested by FWPD and is a primary booking location for
Federal Way in -custody arrests. This Interlocal Agreement will continue the jail services
provided by the Kent City Jail for FWPD.
Rev. 7/18