PRHSPSC PKT 11-13-2012 City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
November 13, 2012 City Hall
5:30 p.m. Hylebos Conference Room
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT(3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Action Council
Topic Title/Description Presenter Page or Info Date
A. Approval of Minutes: October 9, 2012 3 Action N/A
B. Community Center Pool Chemical Vendor Contract Feldman 5 Action Consent
11/20
C. 2013 Diversity Commission Work Plan Bennett 7 Action Consent
11/20
D. Renewal of Jail Services Contract— King County Nelson 10 Action Consent
11/20
E. Washington Traffic Safety Commission(WTSC)Grant—Target Zero Wilson 49 Action Consent
Teams MOU 11/20
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
• Concept of Housing in South King County
• Festival Days
6. NEXT MEETING: Tuesday, December 11, 2012 5:30pm - Hylebos Conference Room
7. ADJOURNMENT
Committee Members City Staff
Susan Honda, Chair Cary M. Roe,P.E.,Director of Parks,Public Works and Emergency Management
Roger Freeman Mary Jaenicke,Administrative Assistant II
Linda Kochmar
K:\PRHSPS Committee\2012\111312 prhsps ag.doc
City of Federal Way
City Council
PARKS,RECREATION,HUMAN SERVICES& PUBLIC SAFETY COUNCIL COMMITTEE
Monday,October 8,2012
5:30 p.m.
SUMMARY
Committee Members in Attendance: Chair Honda,Committee member Kochmar and Freeman.
Council members in Attendance: Council member Burbidge
Staff Members in Attendance:Cary Roe,Director,Parks&Public Works,Police Chief Brian Wilson,Amy Jo
Pearsall City Attorney,Jay Bennett,Community Services Manager,and Mary Jaenicke,Administrative Assistant II.
Guest: None
Chair Honda called the meeting to order at 5:34p.m.
Public Comment: None
Commission Comment:None
APPROVAL OF SUMMARY
Committee member Kochmar moved to approve the September meeting summary. Chair Honda seconded.
Motion passed.
BUSINESS ITEMS
Monument Signs
Mr.Roe reported that the City awarded a contract to a vendor for the concrete monument signs. The contractor was
unable to get a Performance Bond;therefore he is unable to do the work. The Parks Department is working with the
city's Legal Department to see if he can do a portion of the work. If not,then the City will rebid the job.
2013 CDBG Annual Action Plan
Mr.Bennett provided the background information. This action plan memorializes actions that Council has already
taken. Council took an action to recommend up to 20%of 2013 grant to administrative activities.Council had
previously recommended the 2013 CDBG public service activities and at the last meeting Council awarded the
Community Economic Revitalization Finance program grants.This action plan captures all of these activities in the
way that HUD mandates. A Public hearing was held on October 1,and there was no public comment. Mr.Bennett
reviewed the CDBG PY 2013 Annual Action Plan. No discussion was held.Committee member Kochmar moved
to forward the Program Year 2013 Community Development Block Grant Annual Action Plan to the October
16,2012 consent agenda for approval. Chair Honda seconded.Motion passed.
WASPC Grant for Two(2)Portable Breath Test(PBT)Devices
Chief Wilson stated that this grant will provide funding for the purchase of two PBT's.The total amount of the grant
is$1,000.29. These devices are used by the Patrol Officers out in the field.Committee member Kochmar moved
to forward the proposed Grant for two PBT's to the October 16,2012 City Council Agenda for approval.
Chair Honda seconded.Motion passed.
The Commons Mall Services Agreement for Police Services
Chief Wilson reported that the Police Department has had an agreement with Steadfast Commons II since 1999. The
contract is renewed on a yearly basis. The compensation is that Steadfast Commons II will pay 50%of the salaries
and benefits of each officer that is assigned to the Commons Mall. Three officers are assigned. The reimbursement
is$151,526.76 per year.This has been a very successful partnership. Committee member Kochmar moved to
forward the proposed Commons Mall Agreement to the October 16,2012 City Council Agenda for approval.
Chair Honda seconded.Motion passed.
FY 2012 Edward Byrne Memorial Justice Grant(JAG)
Chief Wilson stated that these grants are offered periodically from the Federal Government for Law Enforcement
related services,technology and equipment.The Federal Way Police department was awarded$34,020.00. The
grant will be used to(1)replace 20 Tasers,(2)expand the UFED Mobile Device Examiner,(3)Expand the
Automated External Defibrillator(AED)Program,and(4)an Electrostatic Dust Lifter. Committee member
3
K:\PRHSPS Committee\2012\100812 Min.doc
PARKS,RECREATION,HUMAN SERVICES&PUBLIC SAFETY COUNCIL COMMITTEE
Monday,October 8,2012 Summary
Page 2
Kochmar moved to forward the proposed JAG Grant to the October 16,2012 City Council Agenda for
approval. Chair Honda seconded.Motion passed.
Interlocal Agreement for Services Rendered to Outside Agencies
Chief Wilson stated that this was initiated by the Federal Way Police Department. There are six agencies that are a
part of the Valley SWAT Team. A member of each of these agencies makes up the Board that oversees the Valley
SWAT Team. Committee member Freeman arrived at 5:55. One of the concerns is that we are asked to provide
services outside of the six-member agencies. The concern is who is responsible for liability and costs associated
with legitimate things that the team may be involved in. If they go outside of the six agencies,the Mayor of that City
must sign the agreement prior to the Valley SWAT Team providing those services. There is a strong chance of high
liability in responding to critical incidents. This document has been reviewed and approved by the contract signees
and the City Attorneys from the six agencies. Committee member Kochmar moved to forward the Interlocal
Agreement for Services Rendered to Outside Agencies form to the October 16,2012 City Council consent
agenda for approval. Committee member Freeman seconded.Motion passed.
Washington Traffic Safety Commission(WTSC)Grant—Target Zero Teams MOU
Chief Wilson stated that this is a grant that is allocated periodically for Target Zero DUI patrols. This grant will go
towards paying for overtime so additional officers can be placed in service. The period of the Grant is October 1,
2012 through June 30,2013. The total amount of the grant is$16,320.00. In the past two years the overtime patrols
made over 45 DUI arrests within the Federal Way area. Committee member Freeman moved to forward the
proposed Agreement to the October 16,2012 City Council agenda for approval. Committee member
Kochmar seconded. Motion passed.
Pending Items
Chair Honda reported that she will be meeting with the Special Events Coordinator for the City of Auburn to discuss
parades. She has met with Patty from the Chamber of Commerce to ask if the Chamber would be interested in
helping with Festival Days and a parade. Patty's response was not favorable,and that she feels that the focus should
be on something different than Festival Days or parades. Chair Honda said that she would meet with her again,and
explain why it is important for the Community. Council member Burbidge suggested that they meet with Patty
together. Council member Burbidge has also met with the Federal Way Lions. She thought it would be a good idea
to possibly join the Federal Way Lions Car Show and have a parade that would include the cars.
NEXT MEETING
November 13,2012
ADJOURNMENT
Meeting adjourned at 6:08p.m.
4
COUNCIL MEETING DATE: November 20,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:COMMUNITY CENTER POOL CHEMICAL VENDOR CONTRACT
POLICY QUESTION: Should the Mayor and Council approve the Community Center Pool Chemical Goods and
Services Agreement?
COMMITTEE:PRHSPS MEETING DATE: Nov. 13,2012
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Craig Feldman Aquatics Coordinator DEPT: PROS
Background: The proposed Agreement with ORCA Pacific, Inc. will allow an ongoing delivery of the chemicals
and equipment needed to disinfect and balance the various bodies of water at the Federal Way Community
Center. The City of Federal Way will be exercising its Purchasing Interlocal Agreement with King County to
receive the lowest possible cost on the above mentioned goods and services at a savings of approximately 10%
over 2012 projected costs. King County conducting the bidding process meets the purchasing guidelines of the
City of Federal Way. ORCA Pacific, Inc. submitted the lowest per unit quote for these services from the quotes
received in February 2011. By mutual agreement we seek authorization to enter into the Goods and Services
Agreement with a total compensation of$38,000. Funding for these services is covered through the Federal Way
Community Center Repair and Maintenance Budget.
Options Considered:
1. Authorize a Goods and Services Agreement with ORCA Pacific, Inc. with a total compensation of$38,000.
2. Do not authorize a Goods and Services Agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1: Authorize a Goods and Services Agreement with ORCA Pacific, Inc.
with a total compensation of$38,000.
MAYOR APPROVAL: // DIRECTOR APPROVAL:
- Council Committee Council
COMMITTEE RECOMMENDATION:I move to forward the authorization of a Goods and Services Agreement with
ORCA Pacific, Inc. with a total compensation of$38,000 and authorize the Mayor to execute the agreement to the
full Council November 20, 2012 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Goods and Services Agreement with ORCA Pacific,
Inc.for a total compensation of$38,000 and authorize the Mayor to execute the agreement.sza
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
5
REVISED-08/12/2010 RESOLUTION#
6
COUNCIL MEETING DATE: November 20,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:PROGRAM YEAR 2013 DIVERSITY COMMISSION WORK PLAN
POLICY QUESTION: Should the City Council approve the Diversity Commissions 2013 Work Plan?
COMMITTEE: Parks, Recreation, Human Services& Public Safety MEETING DATE:November 13,2012
CATEGORY:
X Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jay Bennett,Community Services Manager DEPT: Community& Economic
Development Services
Attachments: 2013 Community Development Block Grant Annual Action Plan
Background
At their regular meeting held on October 10il', the Diversity Commission voted to recommend approval of its
2013 Work Plan.The plan outlines specific goals and activities that the Commission uses to focus their annual
efforts.A new activity for 2013 is a Commission hosted Diversity Summit,where leaders from Federal Way's
multi-cultural communities come together and discuss a variety of subjects,revealed from the 2012 Diversity
Survey.
Options:
1. Approve the Diversity Commission's 2013 Work Plan.
2. Direct staff to make changes to the 2013 Diversity Commission Work Plan.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL: ,%,p
Comm' ee Council mmittee Council
COMMITTEE RECOMMENDATION: I move to forward the 2013 Diversity Commission Work Plan to the
November 20, 2012 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the 2013 Diversity Commission Work Plan."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED-08/12/2010 RESOLUTION#
7
City of Federal Way
Diversity Commission
2013 Work Plan
Purpose: Advises the City Council and Mayor on policy matters involving the community's
cultural and ethnic differences,ensuring that these differences are considered in the decision-
making process.
Mission: To help Federal Way become a community that is united amidst diversity, where
each individual is respected, equally valued, equally needed, and equally cherished. Equality is
not sameness; it is equivalent value.
Brand Promise: The Diversity Commission is dedicated to helping Federal Way become a
city where all people have a feeling of belonging and shared community, where there is equal
access to information and resources for all, and where there are equal opportunities for all.
1. Ensure that the Diversity Commission will remain visible and relevant to all members
of the community through its participation and/or sponsoring of events and activities
that promote the mission and purpose of the commission.
This would include:
• The creation and facilitation of the City of Federal Way Diversity Summit, which
includes the use of the City of Federal Way's Diversity Survey data and the
gathering of community leaders (Date TBD).
• Martin Luther King Jr. Food Drive (January), which can also include partnering
with local area High Schools.
• Federal Way Elementary School Book Drive, which includes the purchase of
multi-cultural books that would be read to students by local leaders and volunteers
(March).
• Sponsoring and participating in the Communities in Schools of Federal Way's
Multi-Cultural Night at Mirror Lake Elementary(May).
• Sponsoring and participating at the Senior Forum event to be held at the Senior
Center(November).
2. Make recommendations,whenever necessary, to the City Council and the Mayor to
ensure differences are considered in the decision-making process. By working closely
with the City government, the Diversity Commission can continue to promote and
support the City's Diversity programs.
• The Commission agrees to stay abreast of the key issues that pertain to City
government and the citizens of Federal Way with the intent to ensure that all
8
Diversity Commission
2013 Work Plan
Page 2
diverse voices, opinions and perspectives will be heard through advocacy and
recommendations made to the City Council and Mayor.
3. Conduct outreach and public education efforts within the Federal Way community.
Inform the public, through various means,on the Diversity Commission's mission,
purpose, and activities in Federal Way.
Potential Opportunities
• Events and activities can be the primary focus to provide a platform for
Commissioners to listen and get feedback from the residents of Federal Way.
• For example, the Senior Forum provides an excellent opportunity to receive
valuable feedback on a variety of issues and concerns that would benefit other
Commissions and areas of City government.
• Other communication vehicles that might be explored include:
• Produce written articles for local newspapers that highlight events and activities
supported by the Diversity Commission throughout the year.
• Conduct community presentations as needed to promote and educate the Federal
Way community.
4. Develop partnerships to promote awareness and collaboration around diversity issues.
Create synergy with various communities leading to strong relationships and identification of
those communities' leaders.
Potential Opportunities
• Reaching out to local area(FWPS)high schools to create partnerships that
collaborate on diversity-related projects, as well as,build stronger brand awareness
of the Commission and its community objectives and activities.
• Explore other partnerships, funding sources, and opportunities for the Diversity
Commission in order to promote the Commission's purpose and mission.
o Explore creating and forging partnerships with the City of Federal Way's
Advancing Leadership(AL)and Advancing Leadership Youth(ALY)groups.
• Explore efforts to increase collaborating and promoting joint efforts with other city
commissions and community partnerships that promote the mission and purpose of
the Diversity Commission.
9
COUNCIL MEETING DATE: November 20,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RENEWAL OF JAIL SERVICES CONTRACTS—KING COUNTY
POLICY QUESTION: Should the City Of Federal Way/Federal Way Police Department approve the extension
of modified jail contracts for the King County jail facilities through December,2020?
COMMITTEE: PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE:
SAFETY COUNCIL COMMITTEE(PRHS&PS) November 13,201/2
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Lt.Jim Nelson DEPT: Police
Attachments:
1. PRHSPS Committee Memo
2.Jail Contract—(King County)
Options Considered:
1. Approve Contracts
2. Reject Contracts
MAYOR'S RECOMMENDATION: 7
MAYOR APPROVAL: DIRECTOR APPROVAL:;' 'at1a 1 � /y"I/w/)
Commi Council o ittee . ncil
COMMITTEE RECOMMENDATION: I move to forward the proposed Jail Services Agreements to the November
20, 2012 fulll Council Consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Agreements, effective through
December 31, 2020, and authorize the Mayor to sign said agreements."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED-08/12/2010 RESOLUTION#
10
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 13,2012
TO: Parks, Recreation,Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Contract Renewal for Jail Services (King County)
Background
The City of Federal Way has maintained a contract for King County jail services for several years.
While we primarily use the SCORE jail facility,circumstances arise where it is sometimes necessary
to temporarily house inmates or detainees at one of the King County facilities. The King County jail
services contract is due to expire at the conclusion of 2012.
Proposal
That the City Of Federal Way extends our existing King County jail contracts as follows:
• As detailed in the attached contract between parties of City of Federal Way and King
County, WA. Refer to attached contract.
• For a term: commencement date of January 01, 2013 through December 31, 2020.
Attachments:
Jail Service Agreement—King County
1
11
Interlocal Agreement Between
King County and The City of Federal Way
for Jail Services
THIS AGREEMENT is dated effective as of the 1 S`day of January 2013. 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:
1. 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 Work and Education Release(WER); inventorying and safekeeping
personal property of such persons;maintaining all computerized records of arrest;
performing warrant checks;and all other activities associated with processing a person
for confinement in Jail or assignment to WER.
1.3 "Booking Fee"means the fee incurred for booking City Inmates,as further described in
Section 4 and Exhibit III, Section 2.
1.4 "Business Day"means Monday through Friday, 8:00 a.m. until 5:00 p.m.,except
holidays and County-designated furlough days.
1.5 "City Detainee"means a person booked into or housed in a Secure Detention facility
such as the Jail but also including any other Secure Detention facility not operated by or
on behalf of the County,which individual would,if housed in the Jail,qualify as a City
Inmate.
1.6 "City Inmate"means a person booked into or housed in the Jail when a City charge is the
principal basis for booking or confining that person.
A. A City charge is the principal basis for booking or confining a person where one or more
of the following applies,whether pre-trial or post-trial.(See Exhibit I for further billable
charge rules.):
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
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2012-2020 Interlocal Agreement: Jail Services
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
jurisdiction
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 1-2.
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,
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13
2012-2020 Interlocal Agreement: Jail Services
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 "City WER Participant"means a person ordered to WER by the City's municipal court or
court designated or contracted to provide municipal court services on the City's behalf.
1.8 "Community Corrections Programs"means programs designed as alternatives to,or as
rehabilitative 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 WER, Electronic Home Detention,
Community Work Program and Community Center for Alternative Programs(CCAP).
1.9 "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.
1.10 "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.
1.11 "Contract Cities Inmates"means all Contract Cities'City Inmates.
1.12 "County Inmate"means any Inmate that is not a City Inmate.
1.13 "DAJD"means the King County Department of Adult and Juvenile Detention or its
successor agency.
1.14 "Fees and Charges"are the Fees and Charges imposed as described in Section 4 and
Exhibit HI.
1.15 "Force Majeure"means war,civil unrest,and any natural event outside of the party's
reasonable control, including fire,storm, flood,earthquake or other act of nature.
1.16 "Inmate"means a person booked into or housed in the Jail.
1.17 The first"Inmate Day" means confinement for more than six(6)hours measured from the
time such Inmate or City WER Participant is first presented to and accepted by the Jail
for housing in the Jail or WER 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
•
14
2012-2020 Interlocal Agreement: Jail Services
1.18 "JAG"means the Jail Agreement Administration Group created pursuant to Section 10 of
this Agreement.
1.19 "Jail"means a place owned or operated by or under contract to the County primarily
designed,staffed,and used for the housing, in full confinement,of adults charged or
convicted of a criminal offense; for the punishment,correction,and rehabilitation of
offenders charged or convicted of a criminal offense; for confinement during a criminal
investigation or for civil detention to enforce a court order,all where such place is
structured and operated to ensure such individuals remain on the premises 24-hours a day
(excluding time for court appearances,court approved off-premises trips,or medical
treatment). Inmates housed in the Jail are considered to be in Secure Detention as
defined in Section 1.37. Upon the date of the execution of the Agreement,Jail includes
the King County Correctional Facility and the detention facility at the Maleng Regional
Justice Center.
1.20 "Maintenance Charge"is the daily housing charge incurred for City Inmates housed in
Jail as further described in Section 4 and Exhibit III,Section l.a.
1.21 "Medical Inmate"means an Inmate clinically determined by the Seattle-King County
Department of Public Health,or its successor charged with the same duties,as needing
the level of services provided in the Jail's infirmary. If an Inmate is moved to the general
population then the Inmate is no longer considered a Medical Inmate.
1.22 "Notification"means provision of written alert,confirmation of information or request
meeting the requirements of Section 13.10. In contrast,a"notice"means providing alert
or confirmation of information or request in writing to the individuals identified in
Section 13.10,or their designee(as may be specified through a formal Notification)
through means less formal than required by Section 13.10 including but not limited to
electronic mail or facsimile.
1.23 "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.
1.24 "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 a
level of services provided from offsite medical institutions,as further defined in Exhibit
III Section 4 and Attachment III-2. 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).
1.25 "Psychiatric Inmate"means either an Acute Psychiatric Inmate or a Non-Acute
Psychiatric Inmate,as defined below.
1.25.1 A"Non-Acute Psychiatric Inmate" is an Inmate clinically determined by the
Seattle-King County Department of Public Health,or its successor charged with
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2012-2020 Interlocal Agreement: Jail Services
the same duties,as needing Psychiatric Care Services(as further described in
Exhibit III, Attachment 111-2)and housed outside the Jail's acute psychiatric
housing units.
1.25.2 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,Attachment 111-2).
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.
1.26 "Parties"mean the City and County,as parties to this Agreement.
1.27 "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.
1.28 "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 in the Jail excludes City Inmates enrolled
in Community Corrections Programs.
1.29 "Surcharge"means any of the following special charges,defined in Exhibit III,Section 3
and further described in Attachment III-2: Infirmary Care Surcharge;Non-Acute
Psychiatric Care Surcharge;Acute Psychiatric Care Surcharge;and 1:1 Guarding
Surcharge.
1.30 "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.
1.31 "WER"means the County's Work and Education Release Program,operated by the
Community Corrections Division of DAJD,or its successor.
1.32 "WER Charge"is the daily housing charge incurred for City WER Participants as further
described in Section 4 and Exhibit III, Subsection 1.b.
2. Term. This Agreement shall commence on January 1,2013,and shall extend through December
31,2020. This Agreement shall supersede all previous contracts and agreements between the
Parties relating to the Jail,WER,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.
3. Jail and Health Services. The County shall accept City Inmates for confinement in the Jail and
City WER Participants for assignment to WER,except as provided in Sections 5.4,and 6 of this
Agreement. The County shall also furnish the City with Jail facilities,booking,transportation
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among facilities,as determined necessary in the County's sole discretion, including the various
Jail facilities, Harborview Medical Center and Western State Hospital,and 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 Jail 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 or City
WER Participant 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 or sentencing to WER when they are deemed by the
County to be in need of urgent medical care.
4. City Compensation. The City will pay the County a Booking Fee, Maintenance Charge,WER
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 Secure Detention in the Jail,and for the booking of City WER
Participants directly reporting to WER,as further described in Exhibit III, Section 2. The
Booking Fee will be annually adjusted effective each January 1s`.
4.2 Maintenance Charge. The Maintenance Charge shall be assessed for a City Inmate for
each Inmate Day as provided in Exhibit III,Subsection 1.a. The Maintenance Charge
will be annually adjusted effective each January 1st.
4.2.1 The County will maintain its program to 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 maintain its program to 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 it so desires 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 WER Charge. The WER Charge shall be assessed for a City WER Participant for each
Inmate Day as provided in Exhibit III, Subsection 1.b. The WER charge will be annually
adjusted effective each January 1st.
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2012 2020[nterlocal Agr
4.3.1 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 in addition to WER,and to negotiate charges
for such access. Any agreement between the Parties with respect to access and
charges for Community Corrections Programs in addition to WER shall be
enacted through an amendment to this Agreement.
4.4 Surcharges and Offsite Medical Charges. In addition to the Booking Fee,Maintenance
Charge, WER Charge,and any other charges agreed to per Section 4.3.1,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 admitted
to Harborview Medical Center or other offsite medical institution,or is receiving
infirmary care or psychiatric care that will subject a City to Surcharges. Notice
provided or made available will be based on information known to DAJD at the
time(since billing status of an Inmate may be changed retroactively based on
new information or other factors). The County intends to provide or make
available this notice within 2 business days following the day in which the
chargeable 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 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.
5. Billing and Billing Dispute Resolution Procedures.
5.1 The County shall transmit billings to the City monthly. Within forty-five(45)days after
receipt,the City shall pay the full amount billed or withhold a portion thereof and provide
the County written notice meeting the requirements of Section 5.2.1 specifying the total
amount withheld and the grounds for withholding such amount,together with payment of
the remainder of the amount billed(if any amount remains). Notwithstanding the
foregoing,the County shall bill the City for Offsite Medical Charges as such charges are
periodically received by the County from third party medical institutions or other offsite
medical providers. Offsite Medical Charges shall be due within such time and subject to
such withholding and dispute resolution procedures as otherwise provided in this Section
5.
5.2 Withholding of any amount billed or alleging a violation related to billing provisions of
this Agreement shall constitute a dispute,which shall be resolved as follows:
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5.2.1 The County shall respond in writing to billing disputes within 60-days of receipt
of such disputes by the DAJD billing offices. To ensure the soonest start to the
60-day timeline,the City should send billing disputes directly to the DAJD
billing office by fax or U.S.mail,rather than to any other County office or
officer. The DAJD billing office address as of the date of this Amendment is:
KC DAJD
Attn: Finance—Inmate Billing
500 5`h Avenue
Seattle, WA 98104 FAX Number: 206-296-0570
5.2.2 Thereafter,the County and the City shall attempt to resolve the dispute by
negotiation. If such negotiation is unsuccessful,either Party may refer the
dispute to JAG for resolution. In the event JAG is unable to resolve the dispute
within 30-days of referral,either Party may pursue the dispute resolution
mechanisms outlined in Section 11.
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 negotiated resolution or appeal determination.
5.4 If the City fails to pay a billing within 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 non-payment. 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 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 or be assigned to WER and,at the County's request,will remove City Inmates
already housed in the Jail or assigned to WER within thirty(30)days. Thereafter,the
County,at its sole discretion,may accept no further City Inmates or City WER
Participants 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.
5.6 Each Party may examine the other's books and 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.
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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 and 6.1.2.
6.1.1 Effective January 1,2012 and through December 31,2016,the Secure Bed Cap
for Contract Cities in the aggregate is 75 beds. These 75 beds shall be available
on a first-come,first-served basis measured at the time of the Jail's Official Daily
Population Count.
6.1.2 For the calendar year beginning January 1,2017 and each calendar year
thereafter through the term of this Agreement,the County at its sole discretion
shall establish the Secure Bed Cap for Contract Cities;provided that the Secure
Bed Cap for Contract Cities cannot exceed 130 without approval of the Parties'
respective legislative bodies. The County shall provide to the Contract Cities
notice of the Secure Bed Cap for Contract Cities six months before the start of
the calendar year beginning with notice on July 1,2016 for the 2017 calendar
year.
6.1.2.1 The County shall also provide to the Contract Cities a preliminary
estimate of the Secure Bed Cap for Contract Cities 12 months before the
start of the calendar year. Such preliminary estimate is provided to the
Contract Cities for planning purposes only and does not limit the County
in setting the Secure Bed Cap as described in Section 6.1.2.
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
13.10 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 City agrees to reduce the number of City
Inmates in the Jail to 0 and the number of City WER Participants to 0,with the exception
that Inmates whose status has changed to City Inmate,or WER participants whose status
has changed to City WER Participant will not be included in the calculation of the
number of City Inmates or WER Participants if such individuals are removed from the
Jail or WER within 72-hours of such change in status.
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For the purpose of determining the number of Contract Cities Inmates and Contract Cities
WER Participants 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 or
Contract Cities WER Participants that have been booked into the Jail or WER and the
City has not been notified of such booking shall not be considered a Contract Cities
Inmate or Contract Cities WER Participant. Also,Contract Cities Inmates housed in the
Jail or Contract Cities WER Participants assigned to WER pursuant to a reciprocal bed-
use agreement will not be considered Contract Cities Inmates or Contract Cities WER
Participants for the purpose of determining the number of City Inmates or City WER
Participants.
6.4 The Contract Cities can access WER beds,subject to availability,on a first come,first
serve basis.The County may in its sole discretion provide a specific number of WER
beds to City WER Participants.
6.5 The Jail's capacity limit for Medical Inmates is thirty(30). The Jail's capacity limit for
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.
6.6 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as
set forth in Section 6.5,the County will provide notice to the City by phone or electronic
mail. Such notification will be made to the person designated in Section 13.10 of this
Agreement. At the time this notification is made the County may request that the City
take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the
number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 6.5,or
the County may inform the City that it is willing to continue to house these Inmates.
6.7 County requests under Section 6.6 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.
6.8 If the County, pursuant to Sections 6.6 and 6.7,requests that the City take custody of
Medical or Psychiatric Inmates,the City shall comply with the County's request.The
City may take custody of its' Medical or Psychiatric Inmates by picking them up within
'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
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24-hours of the County's request,or by providing notice to the County,within 24-hours
of the County's request,that the City would like the County to deliver the Inmates to the
City's designated drop-off location or a backup location previously provided to the
County2. If the City has not picked-up the Medical or Psychiatric Inmate within 24-
hours of the County's request,or the City has requested that the County take the Medical
or Psychiatric Inmate to the designated drop-off location or backup location,the County
will deliver the Medical or Psychiatric Inmate to the City's designated drop-off location
or backup location.In either case,the City's designated drop-off location or backup
location must accept delivery from the County,and must be available to do so seven days
a week,twenty-four hours a day. In all cases,the County shall provide the receiving
entity 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.
6.9 The County will transport Medical or Psychiatric Inmates to a designated drop-off
location or backup location within King County, Washington without charge. The City
will pay all transportation costs for Medical or Psychiatric Inmates taken to a designated
drop off location or backup location outside of King County, Washington. In no case
will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state.
7. Jail Planning and Potential Future Agreements.
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 through the Regional Jail Group or similar forum. Furthermore,at
the point the County begins planning for potential jail bed expansion,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 express any interest in contracting for additional jail
beds based on terms potentially similar to many of those in the 2012-2030 Agreement.
7.2 Potential Future Agreements. If in the future the City is interested in executing an
agreement with the County for jail beds incorporating terms similar to many of those in
the 2012-2030 Agreement,the City shall provide Notification of its interest to enter into
negotiations with the County. Within 60 days of the City's Notification,the County shall
provide a response through written Notification to the City of whether it agrees to enter
negotiations with the City. The County at its sole discretion can determine whether to
negotiate an agreement with the City for jail beds incorporating terms similar to many of
City,the County will 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.
2 The City's designated drop off location and backup location must be either a facility in the direct control of the
City or a facility that is contractually obligated,consistent with the terms of this Agreement,to act as the City's
designated drop-off location or backup location.The City may change its designated drop off location or backup
location by providing Notification to the County of the change.
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those in the 2012-2030 Agreement,which agreement would be subject to approval by
both Parties' respective legislative bodies.
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 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. Most Favored Treatment.
9.1 During the term of this Agreement,the County represents and assures the City that no
other city or town will be offered a contract covering the Jail,WER or jail services that
grants such city or town Favored Treatment(as defined below),unless such contract, in
substantially similar form, is also offered through Notification by the King County
Executive to the City.
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9.2 Within 60-days of receipt of an offer that the County represents as being made in
accordance with Section 9.1,the City through Notification by its Chief Executive Officer
must either.
i) Accept the offer and such acceptance means the City acknowledges that the County
has complied with Section 9.1;
ii) Decline the offer,or
iii) Inform the County that the City believes the offer does not comply with the
requirements of Section 9.1 at which point the matter will be deemed referred to JAG
pursuant to Section 10 and thereafter either party may pursue dispute resolution per
Section 11 of this Agreement.
If the City within 60-days declines the offer per Section 9.2(ii),or fails to respond within
60-days in the manner described in Section 9.2(i),(ii)or(iii),then the City shall be
deemed to have waived its right to enforce this Section with respect to the offer.
9.3 Per Section 13.11 of this Agreement,final execution of any new or amended contract is
subject to City Council and County Council approvals.
9.4 Favored Treatment means that the terms contained in such other contract are clearly
preferable to the terms contained in this Agreement,taking into account all provisions,
including but not limited to,rates,guaranteed bed capacity,and minimum payment
obligations.
9.5 This Section shall not apply to a)temporary service contracts of twelve months or less in
duration;provided that such temporary service contracts shall not cause the City to pay
more in Maintenance Charges and booking fees than the City would have paid without
such a temporary service contract; b)reciprocal bed use agreements;and c)any
agreements among the County and any city or town for additional services not provided
for in this Agreement.
9.6 The City acknowledges that the County offered the City the 2012-2030 Agreement and
hereby waives its right under Section 9 with respect to the 2012-2030 Agreement.
10. Jail Agreement Administration Group(JAG).A JAG is hereby established to work together to
assure the effective implementation of this Agreement and resolve any Agreement administration,
implementation or interpretation issues including,without limitation, issues related to Inmate
transportation,alternative and community correction programs,coordination with the courts and
law enforcement,mental health,drug and alcohol treatment,Agreement interpretation,any
capital expenditure charge or budget included in the Maintenance Charge or WER Charge,
referrals of disputes(including but not limited to disputes arising under Section 5)and issues
related to the expedient transfer of City Inmates into or out of alternative facilities within or
outside of King County. Each Contract City shall have one representative on the JAG. The
County shall have two representatives(including a representative of the Executive and the
Director of DAJD).
The Parties agree that the JAG has no authority to make a final decision with regard to any matter
related to the Agreement. If the City,or the County, is not satisfied with status of a matter after
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discussion in the JAG,that party retains all rights to seek further legal redress as provided for the
Agreement, including referral of matters to dispute resolution per Section 11 of the Agreement.
The JAG may meet with other similar jail agreement advisory groups created under other jail
service agreements between the County and other cities when there are issues in common
between this Agreement and other agreements.
11. Dispute Resolution. In the event the Parties are unable to resolve a dispute within 30 days of its
referral to the JAG per Section 5 or Section 10,then either Party may pursue the dispute
resolution provisions of this Section 11.
11.1 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 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. Except as provided in Section 11.2,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.
11.2 If other cities are party to an agreement substantially similar to this Agreement,each such
city shall be promptly sent Notification of the dispute and,any such city shall be given
the opportunity to both participate in the initial meeting to resolve the dispute and to
participate as a party in mediation of such dispute. In the case of more than two cities
participating in a mediation,the parties agree to engage a mediator through a mediator or
mediation service acceptable to both King County and a majority of cities participating in
the mediation. The County and all cities joining the mediation shall share equally in the
costs thereof per Section 11.1.
11.3 Each party reserves the right to litigate any disputed issue in court,de novo.
12. Termination. Either Party may initiate a process to terminate this Agreement as follows:
12.1 Ten-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 12.2 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 12.2 of this
Agreement.
12.2 Ninety-Day Termination Notification.After the ten(10)day period has run under Section
12.1 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.
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13. General Provisions.
13.1 Other Facilities. This Agreement reserves in each party the power to establish a
temporary holding facility during a 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,and to comply with a final order of a federal court or a state
court of record for the care and treatment of Inmates.
13.2 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.
13.3 Severability. If any provision of this Agreement shall be held invalid,the remainder of
this Agreement shall not be affected thereby.
13.4 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.
13.5 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
13.6 Not Binding on Future Agreements. This Agreement does not bind the Parties as to the
terms, fees,or rate formulas to be included in any future jail services agreements.
13.7 Entire Agreement. This Agreement, including all exhibits and attachments hereto,
represents the entire understanding of the Parties and supersedes any oral representations
that are inconsistent with or modify its terms and conditions.
13.8 Modifications. The provisions of this Agreement may only be modified and amended
with the mutual written consent of the King County Executive and the Chief Executive
Officer of the City and the approval of their respective legislative bodies,excepting that
certain modifications to the fee re-sets and 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.
13.9 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
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performing such obligations until such time as the Force Majeure event has ended and all
facilities and operations have been repaired and/or restored.
13.10 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:
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 successor,as may be designated by written Notification from the County to the
City.
As defined in Section 1.22,written notices delivered to the individuals identified above,
or their designee(as may be specified through a formal Notification)through alternate
means including but not limited to electronic mail are intended to meet the requirements
of this Agreement when the term"notice"rather than"Notification"is used.
13.11 Council Approval. The Parties' obligations under this Agreement are subject to official
City and County Council approval.
13.12. Filing.As provided by RCW 39.34.040,this Agreement shall be filed with the King
County Department of Records and Elections.
13.13. Assignment/Subcontracting. The City may not assign or subcontract any portion of this
Agreement or transfer or assign any claim arising pursuant to this Agreement.
13.14. No-Third Party Beneficiaries. Except as expressly provided in Section 10 and 11 relating
to the JAG and Dispute Resolution,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.
13.15 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
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2012-2020 Interlocal Agreement: Jail Services
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.
King County The City of Federal Way
King County Executive Skip Priest, Mayor
Date Date
ATTEST: This day of
,20�
Approved as to Form: Approved as to Form:
King County City Attorney
Deputy Prosecuting Attorney
Date Date
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2012-2020 Interlocal Agreement: Jail Services
EXHIBIT I
Method of Determining Billable Charge and Agency
Process Overview
The application of all billing rules in conjunction with Section 1.6 of this Agreement comprises the
method for determining the principal basis for booking or confining a person.The County's billing
system examines all open and active charges and holds for each calendar day and applies the Billing
Priority Rules and Tie Breaker Rules as set forth below. Then the charge 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
The Billie_ Priori Grou is determined in the followin_order:
1. Local felony charge(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 investigation 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
under Billing Priority Rules)when there are charges with multiple charge billable agencies. The first rule
that applies determines the billable charge(s). The charge billable agency for the selected charge(s)is the
billable agency.
1. Longest or only sentenced This rule selects the charge(s)with an active sentenced charge or,
charge rule if there is more than one active sentenced charge,the rule selects
the charge with the longest imposed sentence length.
2. Earliest sentence rule This rule selects the charge(s)with the earliest sentence start date.
3. Lowest sentence charge This rule selects the sentenced charge(s)with the lowest charge
number rule number as given on the Subject-in-Process(SIP)booking system.
4. Arresting agency rule This rule selects the charge(s)or hold(s)with a charge billable
agency that matches the arresting agency for the booking.
This rule selects the agency with the highest total bail summed
5. Accumulated bail rule for all of the charge(s)and hold(s)for which the agency is the
charge billable agency.
6. Lowest charge number This rule selects the charge or hold with the lowest charge
rule number as given on the Subject-in-Process(SIP)booking system.
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2012-20201nterlocal Agreement: Jail Services
Attachment I-1: City and County Jail Charges Clarification
This document contains several examples consistent with Section 1.6 of this Agreement.
• � ma " "�w
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 afelony investigation and County responsibility(including the
whose case is initially filed by the Prosecutor as a felony expedited cases to be filed under the
in District Court as part of a plea bargain effort(so new Prosecutor Filing Standards).
called"expedited cases")
3 Inmate booked by a city on a felony investigation whose County responsibility
case is initially filed by the County Prosecutor as a
misdemeanor in district court(i.e.,mental health,
domestic violence or in regular district court)
4 Inmate booked by a city on a felony investigation. The County responsibility prior to release of
County prosecutor declines to file the case and refers it felony investigation by County
to a city prosecutor or law enforcement for any further prosecutor;
action. City responsibility from and 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.
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2012-2020 Interlocal Agreement: Jail Services
Attachment I-2
Inmate Transfers:Transfer Request Exemption Criteria,Notice and Billing
(Relating to Section 1.6.9)
A. In the event of one or more of the following transfer exception criteria_are met,a transfer may be
denied by the County, in which case the person for whom the City has sought a transfer remains a
City Inmate:
(1) Inmate has medical/health conditions/treatments preventing transfer.
(2) Transfer location refuses Inmate.
(3) Inmate refuses to be transported and poses a security risk.
(4) Inmate misses transport due to being at court or other location.
(5) City refuses to sign transfer paperwork requiring the City to arrange transportation for
Inmate back to King County, if needed,when City sentence ends.
B. If the County has refused a transfer request and thereafter determines that it no longer needs to
detain the person and the person would as a result become a City Inmate,then the County will
provide notice to the City that it will become billable for the Inmate.The City will not incur a
Maintenance Charge on the day of notice. If the City transfers the Inmate during the six calendar
days immediately following the day of notice, it will not incur a Maintenance Charge for the first
calendar day following notice,but will incur a Maintenance Charge for each subsequent calendar
day until the Inmate is transferred. If the City does not transfer the Inmate from the Jail during
this six day period,the City is billable beginning the calendar day following the day of notice
from the County.
C. The terms of this Attachment I-2 may be amended by administrative agreement evidenced by
execution in writing by the Chief Executive Officer of the City and King County Executive.
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2012-2020 Interlocal Agreement: Jail Services
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 1.17 of the Agreement. Instead, Inmate day shall be defined as a twenty-four hour period
beginning at the time of booking. Any portion of a twenty-four hour period shall be counted as a full
Inmate day. The number of days billed for each sentence shall not exceed the sentence lengths specified
on the court commitment.
Two examples are provided for illustration:
Two-day sentence served on consecutive days:
John Doe Booked 7/1/90 0700 Released 7/3/90 0700
Number of Inmate days=2
Two-day sentence served on non-consecutive days:
John Doe Booked 7/1/90 0700 Temporary Release 7/2/90 0700
Return to Jail 7/8/90 0700 Released 7/9/90 0700
Number of Inmate days=2
The Department of Adult and Juvenile Detention will apply this definition of Inmate day to the City's
direct DUI one and two-day Inmates by adjusting the City's monthly bill before it is sent to the City. If
the changes are not made for some reason,the City will notify the Department of Adult and Juvenile
Detention,which will make the necessary adjustments.
•
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2012-2020 Interlocal Agreement: Jail Services
EXHIBIT III
Calculation of Fees,Charges and Surcharges
The City shall pay the fees,charges,surcharges and Offsite Medical Charges with such annual
adjustments for inflation and other re-sets as described below.
1. MAINTENANCE CHARGE, WER CHARGE AND CAPITAL EXPENDITURE CHARGE
The Maintenance Charge and WER Charge shall be calculated as shown in Attachment III-1 and as
described below.
a. The Maintenance Charge starting January 1,2012,and for the remainder of the
calendar year 2012,excluding any adjustments for Capital Expenditure Charges,will be$127.97. When
combined with the Capital Expenditure Charges,the Maintenance Charge for calendar year 2012 is
$132.01. The Maintenance Charge shall be annually adjusted as described in Section 5 below and shall
be annually inflated and/or re-set as described in Section 5 below. The Maintenance Charge calculation
shall include 70.56%of the total DAJD Budgeted Jail Costs associated with booking;this percentage of
booking costs to be included in the Maintenance Charge shall remain fixed through the term of this
Agreement.
i. 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 24 hours of a
Surcharge Day and subject to 1:1 Guarding Surcharge for the entirety of such 24
hour period.
b. WER Charge. In lieu of the Maintenance Charge,the City will be charged a WER
Charge for each Inmate Day in which a City WER Participant is in the WER program. Starting January
1,2012,and for the remainder of the calendar year 2012,excluding any adjustments for Capital
Expenditure Charges,the WER Charge will be$88.10. When combined with Capital Expenditure
Charges,the WER Charge for calendar year 2012 is$92.14. The WER Charge shall be annually adjusted
as described in Section 5 below and shall be annually inflated and/or re-set as described in Section 5
below.
c. In addition to the annual adjustments to the Maintenance Charge and WER Charge
described above, King County will increase the Maintenance Charge and WER Charge to capture the cost
of Capital Expenditures. Capital Expenditures are defined as the cost of repairing and renovating
current jail capacity and support and administrative facilities that benefit Jail or WER operations. Capital
Expenditures include,but shall not be limited to,the Integrated Security Project(ISP)and the Courthouse
Seismic Stabilization Project(CSSP). Additional Capital Expenditures will be included in the
Maintenance Charge and WER Charge if such expenditures benefit City Inmates or City WER
Participants. 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 as defined in Attachment III-1.
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 each year,DAJD will estimate the total
number of Inmate Days for the following calendar year and provide notice to the City of the Capital
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2012-2020 Interlocal Agreement: Jail Services
Expenditure Charge to be included in the Maintenance Charge and WER Charge in the following
calendar year.
ii. Upon request of the City,the County shall provide its 6-year CIP and its 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 referred to the JAG as described in Sections10 and 11 of this
Agreement. 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 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 1,2012 and continuing through calendar year 2012,the
Capital Expenditure Charge for ISP for the City is$336 and the Capital Expenditure Charge for the
CSSP is$0.68,for a combined total Capital Expenditure Charge of$4.04 to be added to the Maintenance
Charge and WER Charge amounts 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 1,2012 and for the remainder of the calendar year 2012 will be initially set
as follows,as illustrated in Exhibit III-1:
i. The Base Booking Fee shall be$150.00. 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$195.96. 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 January 1,2012,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 in 2012. To qualify for the Base Booking Fee in subsequent years,the
City must either provide a court order not later than July 1 of the preceding calendar year 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.
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2012-2020 Interlocal Agreement: Jail Services
3. SURCHARGES
In addition to payment of the Maintenance Charge, WER 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-2.
The initial Surcharge amounts described in paragraphs(a)—(d)below shall apply from the January 1,
2012 through December 31,2012 and shall thereafter be annually adjusted as described in Section 5
below.
a. Infirmary Care. For Medical Inmates,the City shall pay an Infirmary Care Surcharge
of$193.87 for each Surcharge Day.
b. Non-Acute Psychiatric Care. For Non-Acute Psychiatric Inmates,the City shall pay a
Psychiatric Care Surcharge of$61.00 for each Surcharge Day.
c. Acute Psychiatric Care. For Acute Psychiatric Inmates,the City shall pay an Acute
Psychiatric Care Surcharge of$231.11(which is the sum of the Psychiatric Care Surcharge plus the Acute
Psychiatric Housing Surcharge)for each Surcharge Day.
i. The Acute Psychiatric Housing Surcharge for each Surcharge Day shall be
$170.11.
ii. The Psychiatric Care Surcharge for each Surcharge Day of$61.00 is added to
the Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of$231.11.
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$57.67 per guard
for each hour or portion thereof,and as further described in Attachment I1I-2.
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 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 24-hour period(midnight to midnight),a
single Acute Psychiatric Care Surcharge will be imposed. Similarly, if an Inmate is placed in Acute
Psychiatric Care and then in Non-Acute Psychiatric Care within the 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 or WER Charge,the Booking Fee,and the Surcharges detailed
above,the City shall be responsible for payment of all Offsite Medical Care Charges incurred by a City
Inmate.
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2012-2020 Inter local Agreement: Jail Services
5. INFLATORS AND RE-SETS OF FEES AND CHARGES
a. Inflators. All fees and charges,excluding:(1)Offsite Medical Care Charges and(2)the
Capital Expenditure Charge components of the Maintenance Charge and WER Charge shall be annually
inflated by the percentage rates described below,effective January 1 of each calendar year starting
January 1,2013, in order to determine the fmal rates and charges for said calendar year,subject further to
re-set of the underlying"base rates"periodically as described in Subsection 5.e 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. WER Charge
iii. Booking Fee
iv. Acute Psychiatric Housing Surcharge
v. 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 12-month period ending in June)plus 3%,but shall in no
event be lower than 3%:
i. Infirmary Care Surcharge
ii. Psychiatric Care Surcharge
b. Final Fee and Charge Notice for Following Calendar Year. No later than August 15 of
each year,the County will provide notice to the City of the final fees and charges listed in this Subsection
5.a for the following calendar year 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 8%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.
d. 2012 Fees and Charges. Attachment III-1 shows the allocation of 2011 Budgeted Jail
Costs used to derive the 2012 fees and charges,applying the inflators in Subsection 5.a above in order to
calculate the fees and charges applicable in 2012 as set forth above in Sections 1,2,3 and 4.
e. Five-Year Base Re-set for Fees and Charges. After five years,the base costs on which
fees and charges are based will be updated, by applying the previous year's Budgeted Jail Costs to the
allocation methodology as illustrated in Attachment III-1. Thus,fees and charges in 2017 will be
determined using the model in Attachment III-1 incorporating 2016 Budgeted Jail Costs,and then
applying the annual inflators per Subsection 5.a. By March 1 of the calendar year before each Base Re-
set Year,the County will provide the City written notice including a detailed calculation of the re-set fees
and charges for the next occurring Base Year(excluding application of inflators,which will be provided
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2012-2020 Interlocal Agreement: Jail Services
by August 15 per Subsection 5.b above). The Parties shall promptly thereafter meet to review the
information and will work in good faith to resolve any questions or issues by May 1 of calendar year
preceding the Base Re-set Year. In the event that the County implements a new accounting system that
makes it impracticable to generate the same cost allocations shown in the cost model illustrated in
Attachment III-1,the Parties agree that technical adjustments may be made to the rate model in order to
recreate as nearly as practicable the original rate model.
By way of illustration and without limitation:
• Year 2013 fees and charges are determined by applying the inflators to 2012 fees and charges per
Subsection 5.a.
• Year 2014 fees and charges are determined by applying the inflators to 2013 fees and charges per
Subsection 5.a.
• Year 2015 fees and charges are determined by applying the inflators to 2014 fees and charges per
Subsection 5.a.
• Year 2016 fees and charges are determined by applying the inflators to 2015 fees and charges per
Subsection 5.a.
• Year 2017 fees and charges are determined by allocating the 2016 Budgeted Costs per the cost
model in Attachment III-1 and applying the inflators per Subsection 5.a.
• Year 2018 fees and charges are determined by applying the inflators to 2017 fees and charges per
Subsection 5.a.
Definition of Budgeted Jail Costs:
Budgeted Jail Costs means the direct and indirect costs related to operating the Jail,including without
limitation health services,per the adopted County Budget approved by the County Council.
•
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2012-2020 Interlocal Agreement: Jail Services
Attachment III-1
Illustration of Fee and Charge Calculations
MAINTENANCE(DAILY) CHARGE
PART I: CALCULATION OF THE MAINTENANCE(DAILY)CHARGE
Based on 2011 Adopted Budget Budgeted Costs
1 Total Department of Adult and Juvenile Detention 126,871,483
2 Plus County Admin for Detention 4,474,086
3 Remove 70%of court detail (5,545,872)
4 Less Juvenile Detention and Associated DAJD Admin (17,768,627)
5 Less CCD Division and Associated DAJD Admin (6,047,574)
6 Less WER Secure Detention Costs (1,553,522)
7 Less 1:1 Guarding Detention (2,335,103)
8 Less Psych Housing DAJD (3,050,414)
9 Less 29.44%of DAJD Booking Costs(Booking Fee line 3) (4,186,451)
10 SUBTOTAL DETENTION COSTS for Daily Maintenance 90,858,006
11 Total Jail Health Services(JHS)Costs 27,415,896
l la Less Off Site Medical -
11 b Less Psych Services JHS (3,325,962)
11c Less Infirmary JHS (1,665,769)
11d Less Booking Costs-JHS ONLY (2,744,549)
12 SUBTOTAL JAIL HEALTH COSTS for Daily Maintenance Charge 19,679,616
13 SUBTOTAL DAJD plus JHS for Daily Maint.Only 110,537,622
14 Less DAJD Cost Recoveries
14a SMC Transport (192,559)
14b Medical Reimbursement (19,000)
14c SSI Incentive (100,000)
14d Bulletproof Vest Reimbursement (5,000)
14e IWF CX Transfer (531,810)
14f SCAAP (883,136)
15 Subtotal DAJD Cost Recoveries (1,731,505)
16 NET Maintenance Costs 108,806,117
17 Total Maintenance Days 875,807
18 Average Maintenance Days 2,399
19 Cost per General Maintenance Day PRIOR to Capital Expenditure 124.24
Surcharge
PART II: 2011 Costs inflated to 2012
20 3%Increase 2012 127.97
21 2012 CSSP 0.68
22 2012 ISP 3.36
Total 2012 Daily Maintenance Charge including Debt Service $132.01
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2012-2020 Interlocal Agreement: Jail Services
NOTES:
1 Based on DAJD 2011 Adopted Budget in Essbase(the budget system).
2 Includes 100%of County Admin for Personnel,F/A Mgmt,Mail,State Auditor,and Budget. In addition,
includes$3.57 million of Major Maintenance. This amount is the 2009 County adopted contribution from
DAJD to the Major Maintenance Reserve Fund for the KCCF and MRJC facilities. It represents the
annualized amount necessary to fund major maintenance projects at these two facilities on a rolling 20
year-basis in effect a"depreciation payment,"applicable for each year of use/wear&tear.
3 70%of Court Detail costs are attributed directly to Superior Court,therefore not accessible to the cities
and are removed from calculation.
4 Remove Juvenile Detention Division low orgs(cost centers)and associated DAJD Admin.
5 Remove Community Corrections Division(CCD)low orgs(cost centers)and associated DAJD admin.
6 WER is a standalone rate therefore all CCD costs associated with WER including the cost recoveries were
removed in line 5. This line represents the removal of the costs from the detention operation that is used
to support WER and are now included in the standalone WER Charge.
7 Surcharge for 1:1 guarding is removed from the maintenance charge.
/ 8 Surcharge charge for services associated with housing the Acute Psychiatric Inmates is removed from the
maintenance charge.
9 Removal of 29.44% of DAJD's Booking Costs associated with Booking from the maintenance charge.
(See Exhibit III,Section la).
11 a-d All jail health services direct and indirect budgeted costs for: Offsite Medical Care, Psychiatric Care for
Acute-and Non-Acute Psychiatric Inmates,Infirmary Care,and intake health screening are removed from
the calculation of the maintenance charge and are instead established as separate surcharges or
components of separate charges. Other remaining direct and indirect Jail Health Services budgeted costs
are included in the jail health portion of the maintenance charge.
12 The subtotal of lines 11 through 1 Id.
13 The subtotal of lines 10 and 12.
14 a-f Removal of reimbursements received by DAJD.
17 Calculation of total Maintenance days in 2011 is a weighted average of Secure and WER days based on
the allocation of percentage of actual costs.
18 Calculation is Line 17 divided by number of days in year.
19 Cost per General Maintenance Day is PRIOR to the additional cost for capital expenditure charges(e.g. in
2012 seismic retrofit and ISP). See Exhibit III.c.i-III.c.iv.
20 This is the rate for 2012. For future years the inflator will be
calculated as described in Exhibit III,Section 5.
21 Debt service CSSP is the Courthouse Seismic Project;DAJD is responsible for 10%of the$84,747,000
that is financed over 20 years(2005-2024). The 2012 charge($.68)is calculated by taking the amount
apportioned for 2012($641,773)divided by the number of custodial maintenance days for 2012
(946,036).
22 Debt service ISP is the Integrated Security Project;DAJD is responsible for$42,921,801 that is financed
over 20 years(2010-2029). The 2012($3.36)charge is calculated by taking the amount apportioned for
2012($3,179,500)divided by the number of custodial maintenance days for 2012(946,036).
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2012-2020 Interlocal Agreement Jail Services
WORK EDUCATION RELEASE(WER)(DAILY)CHARGE
PART I: CALCULATION OF THE WER(DAILY)CHARGE
Based on 2011 Adopted Budget Budgeted Costs
1 Direct Detention Staffing Costs 1,389,308.98
2 Overhead-County and DAJD Admin 164,213.09
3 Subtotal Direct Detention 1,553,522.07
4 Work Release in Community Corrections 1,481,264.00
5 County,DAJD,and CCD Admin 418,844.34
6 Less WER Revenue (245.556.00)
7 Subtotal CCD WER 1,654,552.34
8 Subtotal Detention and CCD Costs 3,208,074.41
9 Detention Support Services 2,036,453.66
10 Total WER(Daily)Costs 5,244,528.07
11 Total WER Maintenance Days 61,320.00
12 WER Cost/Day 85.53
PART II: 2011 Costs inflated to 2012
13 3%Increase 2012 88.10
14 2012 CSSP 0.68
15 2012 ISP 3.36
Total 2012 WER Charge including Debt Service $92.14
NOTES:
1 Detention costs include staffmg,shift relief meal delivery,etc.
2 Overhead is allocated based on proportionate share of the adopted budget.
4 Community Corrections costs are for case managers,and administrative staff in WER.
6 WER Inmate payments for room and food charges are backed out of the total costs.
9 Additional services used to support WER include food preparation and food costs,janitorial costs,utilities,
supplies,command management,etc. Costs are added proportionately including overhead charges.
11 Budget ADP of 168 multiplied by 365=61,320.
12 Cost per WER is PRIOR to the additional cost for capital expenditure charges(e.g.in 2012 seismic retrofit
and 1SP). See Exhibit III.c.i-III.c.iv.
13 This is the rate for 2012,for future years the inflator will be calculated as described in Exhibit III,Section 5.
14 Debt service CSSP is the Courthouse Seismic Project;DAJD is responsible for 10%of the$84,747,000 that is
financed over 20 years(2005-2024). The 2012 charge($.68)is calculated by taking the amount apportioned
for 2012($641,773)divided by the number of custodial maintenance days for 2012(946,036).
15 Debt service ISP is the Integrated Security Project;DAJD is responsible for$42,921,801 that is financed over
20 years(2010-2029). The 2012($3.36)charge is calculated by taking the amount apportioned for 2012
($3,179,500)divided by the number of custodial maintenance days for 2012(946,036).
29
40
2012-2020 Interlocal Agreement: Jail Services
BOOKING FEE
PART I: CALCULATION OF THE BOOKING FEE
Based on 2011 Adopted Budget Base Booking Fee Standard Total
for those entities Booking Fee for Budgeted
that do not use those entities Costs
King County PR who do use King
Screeners County PR
Screeners
1 Detention Booking Costs-DAJD 12,715,934 12,715,934
2 Plus County and DAJD Overhead 1,502,994 1,502,994
3 Sub-total-DAJD Booking Cost Before Adjustments 14,218,928 14,218,928
Adjustments
4 Plus Jail Health Intake Services 2,744,549 2,744,549
5 Plus PR Screeners&Overhead - 1,683,055 1,683,055
6 Sub-total-Booking Cost Adjustments 2,744,549 1,683,055 4,427,604
7 Total Booking Costs 16,963,477 1,683,055 18,646,532
8 Less DAJD Booking Cost Recovered in Daily 10,032,477
Maint.
%of DAJD Booking Cost 70.56%
9 Total Book Cost included in Calculation 6,931,000
%of Base Booking Cost 40.86%
11 Bookings 47,594 37,717
12 Booking Fee 145.63 44.62
3%Increase 2012 150.00 45.96
PART II: 2011 Costs inflated to 2012 Base Booking Fee Standard
for those entities Booking Fee for
that do not use those entities
King County PR who do use King
Screeners County PR
Screeners
13 3%Increase 2012 $150.00 $195.96
30
41
2012-2020 Interlocal Agreement: Jail Services
NOTES:
1 Based on the DAJD 2011 Adopted Budget,in both the KCCF and RJC Cost Center(Orgs)from Essbase(the
budget system).
2 Overhead is allocated based on proportionate share of the adopted budget including allocating costs to the
booking charge.
3 Total of lines 1 and 2
4 Jail intake health screening costs are included in the booking fee,and removed from basic jail health(line l Id
on the general maintenance day comparison sheet).
5 PR Screeners are part of the Community Corrections Division(CCD). PR Screener costs are part of the
Standard Booking Fee charged to any cities using the County's PR Screeners. Refer to Exhibit III Section 2b
on how the City can qualify for the Base Booking Fee which does not include the costs for the County's PR
Screeners.
6 Total of lines4and5.
7 Total of lines 3 and 6.
8 Represents total amount$10,032,477 and percentage(70.56%)of DAJD Booking Costs recovered in the Daily
Maintenance Fee.The remaining 29.44%,$4,186,451(ties to Line 9 Daily Maintenance Calculation),is
included in Line 9 Total Booking Cost.
9 Represents the amount of total booking costs(including Jail Health Intake Services,line 4)and percentage
(40.86%)used to calculate the Base Booking Fee of$150.Calculation:Line 3$14,218,928 plus Line 6
$2,744,549 less Line 8($10,032,477). See Exhibit III Section 2.
11 Total budgeted Bookings are used to calculate the base and standard booking fees.
12 Calculated Fee prior to 2012 Inflation.
13 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 5.
31
42
2012-2020 Interlocal Agreement: Jail Services
INFIRMARY(DAILY)SURCHARGE JAIL HEALTH SERVICES
(JHS)
PART I: CALCULATION OF THE INFIRMARY(DAILY)SURCHARGE (JHS)
Based on 2011 Adopted Budget Budgeted Costs
1 JHS Infirmary Services Staffing Costs 1,332,615
2 JHS Infirmary Non-Staffing Costs 333,154
3 Total JHS Infirmary Costs 1,665,769
4 Average maintenance days for the Infirmary(Location: 24.60
Infirmary or successor location)
5 JHS Infirmary Fee per inmate/day 185.52
PAR T II: 2011 Costs inflated to 2012
6 4.5%Increase 2012 $193.87
NOTES:
1 2011 Budgeted wage and benefit costs for JHS staff who provided services to Inmates in the Infirmary.
Costs are allocated to the Infirmary Surcharge based upon the number of shifts scheduled in the Infirmary as
a percentage of all JHS shifts scheduled in the jails.Scheduled shifts are based upon the most current staffing
model designed and flexed to meet the needs of a changing population. The staffing model used for
calculation of the 2009 Amendment rate was in place in September,2008(at the time the cost model was
updated).
2 2011 Budgeted costs for pharmaceuticals(including intravenous medications and supplies),medical supplies
and medical equipment for Inmates in the Infirmary.
3 Ties to Line 11c of the General Maintenance Daily Charge.
4 Budgeted Maintenance Days for Infirmary Location or Successor Location as defined in"Maintenance Day
Population by Jurisdiction and Housing Type"-Infirmary-Total ADM.
6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 5.
32
43
2012-2020 Interlocal Agreement: Jail Services
PSYCHIATRIC CARE SERVICES DAILY JAIL HEALTH SERVICES(JHS)
PART I: CALCULATION OF THE PSYCHIATRIC (DAILY)SURCHARGE(JHS)
Based on 2011 Adopted Budget Budgeted Costs
1 JHS Psychiatric Services Staffing Costs 2,926,847
2 JHS Psychiatric Services Non-Staffing Costs 399,115
3 Total JHS Psychiatric Services Costs 3,325,962
4 Average maintenance days for Inmates receiving 156.10
Psychiatric Care Services
5 JHS Psychiatric Services Fee per inmate/day 58.37
PART II: 2011 Costs inflated to 2012
6 4.5%Increase 2012 $61.00
NOTES:
1 Budgeted wage and benefit costs for JHS staff who provided services to the Acute and Non-Acute Psychiatric
Housing units. Costs are allocated to the Psych Care Surcharge based upon the number of shifts scheduled in
psych housing units as a percentage of all JHS shifts scheduled in the jails. Scheduled shifts are based upon
the most current staffmg model designed and flexed to meet the needs of a changing population. The staffmg
model used for calculation of the 2009 Amendment rate was in place in September,2008(at the time the cost
model was updated).
2 Budgeted costs for pharmaceuticals and medical supplies for Inmates in Acute and Non-Acute Psychiatric
housing.
3 Ties to 11 b of the General Maintenance Daily Charge.
4 Budgeted Maintenance Days for 7North Location or Successor Location as defined in"Maintenance Day
Population by Jurisdiction and Housing Type"-(Acute Psych-Total ADM PLUS Non-Acute Psych-Total
ADM).
6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 5.
33
44
2012-2020 Interlocal Agreement: Jail Services
ACUTE PSYCHIATRIC HOUSING(DAILY) SURCHARGE
PART is CALCULATION OF THE ACUTE PSYCHIATRIC HOUSING(DAILY)
COMPONENT OF THE ACUTE PYSCHIATRIC SURCHARGE
Based on 2011 Adopted Budget Budgeted Costs
1 Direct Detention Staffmg Costs 2,727,974
2 Overhead-County and DAJD Admin 322,440
3 Total Acute Psych Jail Costs 3,050,414
4 Average Maintenance Days for Acute Psych Housing 50.60
(7North location or successor location)
S Acute Pysch Housing(Daily) 165.16
PART II: 2011 Costs inflated to 2012
6 3%Increase 2012 $170.11
NOTES:
1 Detention costs include staffing(salaries,benefits,meals).
2 Overhead allocated based on proportionate share of the budgeted costs.
3 Budgeted Maintenance Days for 7North Location or Successor Location as defined in"Maintenance Day
Population by Jurisdiction and Housing Type"—Acute Psych-Total ADM.
6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 5.
34
45
2012-2020 Interlocal Agreement: Jail Services
1:1 GUARDING(HOURLY) SURCHARGE
PART I: CALCULATION OF THE 1:1 GUARDING (HOURLY)SURCHARGE
2011 Est.Costs
1 Direct Detention Staffing Costs 2,088,274
2 Overhead-County and DAJD Admin 246,829
3 Total 1:1 Guarding Costs 2,335,103
4 Average Officers per day 4.76
5 1:1 Guarding Cost/Day 1,343.67
6 1:1 Guarding Cost/Hour 55.99
PART II: 2011 Costs inflated to 2012
7 3%Increase 2012 $57.67
NOTES:
1 Direct Detention Staffing Costs are determined using the following methodology
Actual 1:1 Guarding Hours X Avg.CO Hourly Overtime Rate=Direct Staffing Costs
Avg.CO Hourly Overtime Rates is derived from the 2011 Essbase PSQ Salary file,taking the average
Overtime hourly rate for a Corrections Officer,and increasing by 3%for Gun Qualification Premium.
2 Overhead is allocated based on proportionate share of the budgeted costs.
4 Calculation: 1:1 Guarding Hours/#of days in year/24 hours=Average Officers per day.
5 Calculation: Line 3/(Average Officers per day x#of days in year).
6 Calculation: Line 5/24hrs.
7 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,
Section 5.
35
46
2012-2020 Interlocal Agreement: Jail Services
Attachment III-2
Summary Description of Medical Cost Model Surcharges and Pass-Through Charges
- Surcharge Description
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 multi►le of: ards.
IIIAcute Psychiatric Care(two
components)—billed by location
7North in KCCF or successor location)
k �g g � .� � a g k .
b. Acute Psychiatric Housing Costs for additional officer staffing for: 15-minute checks,
Surcharge assistance with feeding,emergency responses,escorts,and
other necessary services to provide for an inmate who
►oses a 6otential dan:er to him or her self.
® Non-Acute Psychiatric Care(one
com►.vent
F,.. .. .
El Infirma Care Costs for JHS Infirm. 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 Housing Inmates with severe or unstable mental health conditions are
❖ Psychiatric Treatment&Management placed in psychiatric housing units and receive a level of
• Psychiatric Treatment Team 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
36
47
2012-2020 Interlocal Agreement: Jail Services
JHS Infirmary Care
Services Provided: Criteria:
• 24-hour Skilled Nursing Care Inmates who meet diagnostic criteria that require 24-hour
• Daily Provider Rounds skilled nursing care are housed in the KCCF Infirmary.
• Treatment and Management of Examples include but are not limited to:
Complex Disease States • Substance abusers requiring medical
• Medication Administration detoxification/withdrawal management(chronic
• Activities of Daily Living Assistance alcoholics and opiate addicted pregnant females);
• Alcohol Detoxification • Individuals with non-stable medical conditions such
as:need for kidney dialysis, wired jaws, newly
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.
37
48
COUNCIL MEETING DATE: November 20,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)GRANT -TARGET ZERO TEAMS MOU
POLICY QUESTION: Should the City Of Federal Way/Police Department accept grant funds in the amount of
$7,700.00? This funding would be used for overtime DUI Target Zero Team patrols and Seatbelt enforcement.
COMMITTEE: PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE:November 13,
SAFETY COUNCIL COMMITTEE(PRHS&PS) 2012
CATEGORY:
El Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Lt.Jim Nelson DEPT: Police •
Attachments:
1. PRHS&PS Memo
2. TZT Memorandum of Understanding 2012
Options Considered:
1. Accept Grant
2. Reject Grant
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: DIRECTOR APPROVAL: "3.1.d., /444 .�-�✓/its. ,r/) /4).
Commi Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the WTSC Target Zero Team MOU Agreement to the
•
November 20, 2012 Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Target Zero Team MOU Agreement, effective
October 1, 2012 through September 30, 2013 with a total compensation of$7,700.00, and authorize the Chief
of Police to sign such agreement"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading •
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
49
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 13,2012
TO: Parks, Recreation,Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for DUI and Seatbelt Enforcement patrols.
Background
The Washington Traffic Safety Commission(WTSC)and the City of Federal Way have an existing
partnership, focused on DUI and Seatbelt enforcement. WTSC funding has allowed Federal Way
Police to strengthen DUI and Seatbelt enforcement through overtime funded patrols. WTSC funding
has provided overtime patrols which have netted more than 30 DUI arrests within Federal Way in
2011 alone.
Proposal
That the City Of Federal Way accept a Memorandum of Understanding(MOU) for a term:
October 01, 2012 through September 30, 2013. This will provide the City of Federal Way Police
Department an additional $6,500.00 in funding to continue DUI patrols and an additional
$1,200.00 for Seatbelt enforcement in Federal Way.
Funding Source
Washington Traffic Safety Commission(WTSC).
1
50
4 I
I
S
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the FEDERAL WAY POLICE DEPARTMENT (Agency) and the Washington
Traffic Safety Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols (as outlined in Addendum A), in support of Target Zero
priorities. The Target Zero Manager and Law Enforcement Liaison assigned to
your county shall coordinate the Scope of Work as outlined below:
TERM: October 1, 2012-September 30, 2013
AMOUNTS
Impaired Driving: $6,500
CFDA#20.601
Seat Belts: $1,200
CFDA#20.602
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
SWV 0015957-00
Agency Statewide Vendor Number
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. GOAL:To reduce traffic related deaths and serious injuries by engaging in
multijurisdictional HVE patrols in the areas of impaired driving and occupant
protection.
2. SCOPE OF WORK:
Impaired Driving:
Agency will engage in multijurisdictional HVE patrols for all or part of the following:
Holiday DUI Patrols; November 21, 2012—January 1, 2013
St. Patrick's Day DUI Patrols; March 14, 2013 — March 18, 2013
Summer Kick-Off DUI Patrols; June 21, 2013—July 7, 2013
Drive Sober or Get Pulled Over Labor Day DUI Crackdown;
August 16, 2013—September 2, 2013.
Created:August 3,2012 Page 1 of 9
51
These patrols shall occur in locations where the highest rate of fatality and serious
injury collisions caused by impaired driving occur in your geographic area of the
state and will not begin before 4:00 pm. Patrols will occur Friday-Sunday, with the
exception of:
Wednesday and Thursday, November 21 and 22, to cover Thanksgiving;
Wednesday and Thursday, July 3&4, to cover the 4"'of July, and;
Monday, September 2 to cover the Labor Day Holiday
Seat Belts:
Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or
all of the following dates:
May 20—June 2, 2013; these shall occur where the lowest rates of occupant
protection use occur in your geographic area of the state. These patrols will not
begin before 4:00 pm.Agency agrees to take a zero tolerance approach to seat
belt and child car seat violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the seat
belt patrols.
3. CONDITIONS:
For each of the emphasis patrols listed above, Multiiurisdictional High Visibility
Enforcement Protocols, as outlined in Addendum A of this document will be
followed. These protocols are incorporated in their entirety to this document by
reference. Exceptions to these protocols may only be provided by the WTSC
Program Director.
These are enforcement activities intended to apprehend impaired drivers, and
unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation
(NOI/C's)will be issued at contact unless circumstances dictate otherwise.
Standardized Field Sobriety Testing (SFST)Training Requirement
Agency certifies that all of the officers participating in patrols under the terms of this
agreement are SFST trained. SFST training is required as follows:
• Officers who received SFST training prior to 2008 will need to pass SFST
refresher training before participating in these patrols or will have successfully
completed the Advanced Roadside Impaired Driving Enforcement(ARIDE) in 2010
or later. Current Drug Recognition Experts are exempt from the SFST refresher.
• Officers who received SFST training in 2008 or later will need to take the SFST
refresher training, which is offered with their BAC refresher, to stay current and be
Created:August 3,2012 Page 2 of 9
52
qualified to work these patrols. (BAC re-certification and SFST refresher training are
required every three years.)
Media Contacts:
All of these patrols are conducted as part of highly publicized efforts. As such,
publicity campaigns about these patrols are planned to alert the public to the fact
that extra patrols are targeting these violations. Therefore,Agency must provide the
names of at least two agency officers who can be available for media requests and
questions. *At least one of the individuals listed below must be available for
weekend media contacts, beginning at noon on Fridays before mobilizations:
C of 5c1co c ID
Name/Title Name/Title
5 S -. 6%50 GGt • SC)roC Q 67' 4.44-4 war Cenen
Z 3 � 3 Y
Office Phone &e-mail Office Phone &e-mail
t-
Cell Phone Cell Phone
I‘Available weekends per above?* ❑ Available weekends per above?*
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law
enforcement with appropriate equipment(vehicle, radar, etc.)and on an overtime
basis (not to exceed 1.5 times their normal salary and benefits)to participate in
these emphasis patrols.
5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours. (WTSC understands there may be instances when more than eight
hours are billed because of DUI processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for
work on this project providing Agency has received prior approval from the WTSC
Program Manager.
8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits.
The total cost of overtime and benefits shall not be exceeded in any one campaign
area and funds may not be commingled between campaign areas.
Upon agreement by the Agency and the local Target Zero Manager, the DUI or
Occupant Protection allocation may be increased or decreased without amending
this agreement PROVIDED THAT the increase in the allocation does not exceed
Created:August 3,2012 Page 3 of 9
53
50% of the original agreed amount for the specific emphasis area. Any increase in
allocation exceeding 50%will require an amendment to this document.
9. PERFORMANCE STANDARDS:
a. Participating law enforcement officers are required to have a minimum of 3
self-initiated contacts per hour of enforcement.
b. Some violator contacts may result in related, time-consuming activity. This
activity is reimbursable.
c. Other activities, such as collision investigation or emergency response that
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: •
a. Invoice Voucher(Al 9-1A Form).
1) Agency identified as the"Claimant"
2) Statewide Vendor Number(bottom of Claimant box)
3)A Federal Tax ID#,
4) Original signature of the agency head, command officer or
contracting officer.
b. Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The
Target Zero Manager will forward these documents to WTSC for processing and
payment.
11. DEADLINES FOR CLAIMS •
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from
October 1, to June 30, must be received by WTSC no later than August 15,
2013.
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2013.
Created:August 3,2012 Page 4 of 9
54
(NOTE: Two separate invoices may be necessary for the Summer Kick-off DUI
patrols if hours are worked in both June and July.)
Invoices submitted for reimbursement after the above dates,will not be paid.
WTSC will NOT accept faxed invoices.
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
13. TERMINATION: Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination.
14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
IN WITNESS THEREOF,THE PARTIES HAVE EXECUTED THIS AGREEMENT.
lf(
vi iA / c lefeliZA4.
Agency Signat Washington Traffic Safety
Commission Signature
(Date) (Date)
Agency Address (where fully executed copy of this document will be mailed):
33325 $ Av s
Str t
"JArY w,4 `0003 Aais&
City, State Zip Attn:
Please return this signed MOU (No later than October 24, 2012) to
your Target Zero Manager:
Sara Wood
Kent Police Department
220 4th Ave.S.
Kent,WA 98032
253-856-5851 swood(c kentwa.gov
Created:August 3,2012 Page 5 of 9
55
Target Zero Manager will forward this signed document to:
Angie Ward, WTSC
621 —8th Avenue SW, Suite 409
PO Box 40944
Olympia, WA 98504-0944
360.725.9860
No later than October 31, 2012
Created:August 3,2012 Page 6 of 9
56
Addendum A
Multijurisdictional High-Visibility Enforcement.Protocols
Purpose
This protocol is intended to guide Target Zero Managers, Law Enforcement
Liaisons, and law enforcement agencies in coordinating multijurisdictional
high visibility enforcement (HVE) mobilizations to address impaired driving
and seat belt use. These mobilizations are funded by federal highway
safety grants.
Goal
The goal of multijurisdictional high-visibility campaigns is to reduce fatal
and serious injury collisions through the coordination of:
• Publicity addressing increased enforcement, and
• Increased contacts and arrests of violators.
Method
Funding from the Washington Traffic Safety Commission (WTSC)will
support multijurisdictional HVE patrol activities to increase the number of
" officers working on impaired driving, and occupant protection enforcement.
Public education and media will be coordinated by the Target Zero
Manager and Law Enforcement Liaison. The law enforcement activity will
support the media effort by demonstrating to the public that the media
messages are true; i.e., that "extra enforcement patrols (with a particular
focus) are going on now" so that the public takes the media messages
seriously.
The media work will support the police effort by encouraging voluntary
compliance with the law. The objective of multijurisdictional HVE patrol
activities is to change driver behavior by raising the awareness of tougher
enforcement.
Definitions:
• HVE is enforcement of the law in conjunction with publicity that draws
the attention of the public to the enforcement activity.
Created:August 3,2012 Page 7 of 9
57
• Multijurisdictional enforcement is defined as a minimum of three law
enforcement agencies (LEA's) or patrol units participating at a
designated date and time, enforcing a specific activity, in a location
determined by fatality and serious injury collision data.
Responsibilities
WTSC:
• Provide Funding.
• Coordinate paid media at the state level.
• Lead earned media efforts for:
o Holiday DUI
o Click It or Ticket
o Drive Hammered Get Nailed.
• Summarize enforcement activity.
• Report results to the National Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
• Lead the development of Multijurisdictional High Visibility
Enforcement Mobilization Plans.
• Coordinate mobilization briefings.
• Lead earned media efforts for:
o St. Patrick's Day DUI
o Summer DUI
• Lead earned media efforts (optional) for all other mobilizations.
• Review and approve all MOUs, invoices, and other documentation
before submission to WTSC.
Law Enforcement Agencies:
•
• Provide commissioned police officer(s) (active or paid reserve) with
appropriate equipment (vehicle, radar, etc.)to participate in
multijurisdictional HVE patrols.
Created:August 3,2012 Page 8 of 9
58
• Ensure that officers assigned to the multijurisdictional HVE campaigns
are qualified to enforce the impaired driving laws as outlined on page 2,
section 3 of this document.
• Require all officers participating in multijurisdictional HVE patrols to
attend mobilization briefings.
• Ensure officers conduct a minimum of three (3) self-initiated contacts
per hour.
This is an enforcement activity that is intended to apprehend violators. It
is expected that a Notice of Infraction/Citation (NOI/C) will be issued at
contact unless circumstances dictate otherwise. It is understood that
violator contacts may result in related, time-consuming activity. Such
activity will be considered for reimbursement.
Activity other than that initiated through HVE patrol contact
(investigating collisions, emergency responses, etc.) will be the
responsibility of the contracting agency and may not be
considered for reimbursement.
• Require officers to complete and submit multijurisdictional HVE patrol
productivity on WTSC Emphasis Patrol Activity Log.
r 1# , 10 O
Agency 9 Si nature Date/
Created:August 3,2012 Page 9 of 9
59