ORDINANCE __________________

AN ORDINANCE authorizing the Director of the Department of Finance to execute an agreement with the Yakima County Board of Commissioners for the provision of jail services for prisoners convicted of misdemeanor crimes and sentenced to a period of incarceration under the Seattle Municipal Code.

WHEREAS, the City of Seattle ("City") pays for the confinement of individuals who are convicted of committing misdemeanor crimes under the Seattle Municipal Code; and

WHEREAS, the King County Department of Juvenile and Adult Detention, which is currently the City's sole provider of jail services, projects that it will not be able to fully provide for the City's needs in the coming years; and

WHEREAS, the Yakima County Department of Corrections and Security ("Yakima County") currently has sufficient jail capacity and services to house convicted misdemeanants from outside its jurisdiction, is considering a significant expansion of its presently available capacity and services, and is actively seeking to house convicted misdemeanants from areas outside Yakima County; and

WHEREAS, a contract with Yakima County for jail services will not be a substitute for the City's continued investments in improving and expanding programs that offer alternatives to incarceration and alternative sentencing programs, including electronic home monitoring, work crew, community service, probation services and "problem solving" court calendars, such as the Mental Health Court and the Driving While License Suspended calendar; and

WHEREAS, City Council Resolution 30444, passed on April 8, 2002, directed the Executive to work with the Municipal Court and Council staff to develop and implement an interim contract with Yakima County for the provision of jail services as an initial step towards a possible long-term contractual agreement with Yakima County for the provision of jail services,

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Director of Finance is authorized to execute, for and on behalf of The City of Seattle, a short-term agreement substantially in the form attached hereto with the Yakima County Board of County Commissioners for the provision of misdemeanant jail services entitled "AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND CITY OF SEATTLE, WASHINGTON, FOR THE HOUSING OF INMATES IN THE YAKIMA COUNTY JAIL" (Attachment 1).

Section 2. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 3. The Executive, working cooperatively with Council Central Staff, will monitor and evaluate the short-term contract and will report back to the City Council within two weeks of the conclusion of the pilot program. The Executive will work to address any problems that arise during the pilot program and will incorporate program improvements into any future long-term agreements with Yakima County. As part of the evaluation, the Executive will obtain information and feedback from the Municipal Court, Law Department, Police Department, City-contracted public defense agencies, local social service agencies, and from a survey of Seattle inmates sent to Yakima.

Section 3. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 2002, and signed by me in open session in authentication of its passage this _____ day of _______________, 2002.

___________________________________

President of the City Council

Approved by me this _____ day of _______________, 2002.

___________________________________

Greg Nickels, Mayor

Filed by me this _____ day of _______________, 20____.

___________________________________

City Clerk

(SEAL)

AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND CITY OF SEATTLE, WASHINGTON, FOR THE HOUSING OF INMATES IN THE YAKIMA COUNTY JAIL

THIS AGREEMENT is made and entered into on this ___ day of June, 2002 by and between the City of Seattle ("City") and the Board of County Commissioners of Yakima County, Washington, by and through its Department of Corrections and Security ("Yakima County"), each party having been duly organized and now existing under the laws of the State of Washington.

WITNESSETH:

WHEREAS, Yakima County is authorized by law to operate a jail and the City is authorized by law to operate a jail; and

WHEREAS, the City wishes to designate the Yakima County Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the City's custody ("City Inmates"); and

WHEREAS, the Director of the Yakima County Department of Corrections and Security wishes to accept and keep in his/her custody such City Inmate(s) in the Yakima County Jail in exchange for a rate of compensation from the City mutually agreed upon by the parties hereto; and

WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes any county to contract with any city to perform any governmental service, activity or undertaking which each contracting jurisdiction is authorized by law to perform; and

WHEREAS, the City and County Jails Act, Chapter 70.48, as amended, further authorizes the City to contract with Yakima County for jail services; and

WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act and the City and County Jails Act, as amended,

NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows:

1. GOVERNING LAW

The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to the confinement of City Inmates by Yakima County pursuant to this Agreement.

2. DURATION

This Agreement shall be in full force and effect from the effective date hereof and shall terminate at midnight on December 31, 2002, subject to earlier termination as provided by Section 3 herein. This Agreement may be renewed for successive periods of one year each through the execution of amendments hereto reflecting mutually approved billing rates for each such successive year.

3. TERMINATION

(a) By Either Party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that such termination shall become effective ninety (90) days after receipt of such notice. Within said ninety (90) days, the City agrees to remove all City Inmate(s) from the Yakima County Jail.

(b) By the City Due to Lack of Funding. The obligation of the City to pay Yakima County under Section 5 of this Agreement beyond any current fiscal year during the term of this Agreement is expressly made contingent upon the appropriation, budgeting and availability of sufficient funds by the City. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time beyond any current fiscal year, then the City shall have the option of immediately terminating the Agreement upon written notice to Yakima County; provided, however, that all services provided to the City by Yakima County prior to such termination and the costs necessarily incurred in connection with the removal of all City Inmates from the Yakima County Jail shall be compensated at the agreed upon rate; provided further, however, that any such termination will not cause any penalty to be charged to the City.

(c) Compensation Due for Services Rendered. In the event of termination of this Agreement for any reason, the City shall compensate Yakima County in the same manner, and at the same rates, as if this Agreement had not been terminated should any City Inmates remain housed by Yakima County after notice of such termination.

4. MAILING ADDRESSES

All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following:

Yakima County: Kenneth A. Ray, Director Yakima County Department of Corrections and Security 111 No. Front Street Yakima, WA 98901 Telephone: (509) 574-1704 Facsimile: (509) 574-1701 E-Mail: ken.ray@co.yakima.wa.us

City of Seattle: Elise Downer City of Seattle Department of Finance 600 4th Avenue, Suite 340 Seattle, WA 98104 Telephone: (206) 684-8076 Facsimile: (206) 233-0022 E-Mail: elise.downer@ci.seattle.wa.us

and to

Mary Lewis Seattle Municipal Court Public Safety Building, Room 114 610 Third Avenue Seattle, WA 98105 Telephone: (206) 684-5621 Facsimile: (206) 684-8705 E-Mail: mary.lewis@ci.seattle.wa.us

5. COMPENSATION

(a) Transports and Housing Rates. Yakima County agrees to perform (at no transport or other cost to the City) a minimum of four (4) transports per week between the Yakima County Department of Corrections and (i) the Renton City Jail, (ii) the King County Correctional Facility, 500 5th Avenue, Seattle, WA., (iii) the Regional Justice Center ("RJC"), 401 4th Avenue N., Kent, WA, and/or (iv) such other location as designated by the City in order to transport Seattle Inmates to and from the City, and to house the City inmates for compensation per day per inmate without a booking fee, at the rates provided in the table below.

In addition, Yakima County agrees to house such City Inmates at the per day per inmate rates provided in the table below, and without any booking costs, and the City agrees to pay for such housing from the date the City Inmate is taken into custody and control by Yakima County to the date such inmate or inmates is released there from.

Calendar Year 2002 Daily Rates

Monthly Average Daily Population Daily (City Inmates in Yakima County Jail) Rate Per City Inmate As Agreed Up to 5 $ 50 6 25 $ 49 26 45 $ 48 46 84 $ 47 85 + $ 46

The City estimates that its MADP during the term of this Agreement will be approximately fifty (50) City Inmates. However, the City makes no minimum City Inmate population commitment of any kind under this Agreement, and nothing herein shall be construed as requiring the City to have City Inmates, or any particular number of them, housed in the Yakima County Jail continuously or at any particular time during the term of this Agreement.

For purposes of determining the appropriate MADP for City billing purposes, the City will be allowed to combine its MADP with the MADPs of other King County jurisdictions with respect to all inmates from those jurisdictions who are transported by Yakima County to the Yakima County Jail from the Renton City Jail, King County Correctional Facility, RJC or other appropriate location. (Thus, for example, if the City's MADP in combination with the MADPs of other King County jurisdictions in any month is between 46 and 84, the City would be billed at the rate of $47 per day per City Inmate for that month.)

(b) Additional Transports. Yakima County agrees to perform one (1) additional weekly transport at no additional charge to the City when the number of inmates ready and waiting to be transported to Yakima County for the cities of Seattle, Renton, Des Moines, Auburn, Federal Way, Tukwila, Bellevue or another South King County jurisdiction from the Renton City Jail, the King County Correctional Facility, 500 5th Avenue, Seattle, WA., or the Regional Justice Center ("RJC"), 401 4th Avenue N., Kent, WA, constitutes a minimum of 3 (three) inmates or other jurisdictions housing inmates constitutes a minimum of 3 (three) inmates.

(c) Billing and Payment. Yakima County agrees to provide the City with an itemized monthly bill listing (i) the names of all City Inmates who are housed at the Yakima County Jail, together with their case or citation numbers, (ii) the number of days each City Inmate is housed at the Yakima County Jail, including the date and time the City Inmate is taken into custody and control by Yakima County and the date and time released there from, and (iii) the dollar amount due for each City Inmate. Yakima County agrees to provide said bill on or about the 10th of each month following the delivery of services hereunder. The City agrees to make payment to Yakima County on or about thirty (30) days from the date the bill is received.

6. RIGHT OF INSPECTION

The City shall have the right to inspect the Yakima County Jail at all reasonable times.

7. CITY INMATE ACCOUNTS

Yakima County shall establish and maintain an account for each City Inmate, and shall credit to such account all monies received therefrom. Yakima County shall make disbursements to City Inmates from their accounts from time to time for personal maintenance needs, accurately debiting each such account in connection with such disbursements. Yakima County shall maintain a satisfactory procedure to accept and deposit into individual City Inmate accounts additional funds from family members and friends for such personal maintenance needs. Such procedure shall include the acceptance of certified and government checks and cash. Yakima County shall be accountable to the City for all such City Inmate funds. Upon release from incarceration, the funds in each City Inmate's account shall be transferred to the City Inmate. For each City Inmate that has not been released from incarceration, at the earlier of either (a) the termination of this Agreement or (b) the return of the City Inmate to the City or indefinite release to the court, the funds in each City Inmate's account shall be transferred to the City, which shall maintain such funds in an account for such City Inmate until such Inmate's release from incarceration by the City.

8. RESPONSIBILITY FOR CUSTODY OF CITY INMATES

It shall be the responsibility of Yakima County to confine the City Inmates; to provide for their treatment, including the furnishing of all necessary medical, dental, psychiatric, and hospital services and supplies; to provide for their subsistence and physical needs; to make available to them programs and/or treatment consistent with their individual needs; to retain them in said custody; to supervise them; to treat them on a nondiscriminatory basis in accordance with all applicable federal, state and local laws; to maintain proper discipline and control over them; and to make certain that they receive no special privileges and that the sentence and orders of the committing court in Washington State are faithfully executed; provided, however, that nothing contained herein shall be construed to require Yakima County, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement which it does not provide for similar inmates not confined pursuant to this Agreement. Yakima County shall not eliminate or reduce any medical or dental, mental health, treatment, therapy or rehabilitation facilities or programs available to Yakima County Jail inmates as of the date of the execution of this Agreement without the prior approval of the City.

Yakima County shall provide City Inmates with reasonable access to their attorneys, spouses, families and friends during their period of incarceration at the Yakima County Jail. Yakima County. Subject to reimbursement by the City, Yakima County shall also provide City Inmates with confidential, toll-free telephone access to their attorneys during their period of incarceration at the Yakima County Jail. Yakima County will provide City Inmates with video visitation capabilities for attorneys, spouses, families and friends no later than June 17, 2002, according to procedures that are mutually developed and acceptable to Yakima County and the City.

Except as provided in Section 12, it is expressly understood that Yakima County shall not be authorized to transfer custody of any City Inmate confined pursuant to this Agreement to any party other than the City, or to release any City Inmate from custody without prior written authorization from the committing court or another governmental entity with jurisdiction over such City Inmate.

9. MEDICAL, PSYCHIATRIC AND DENTAL SERVICES

(a) City Inmates shall receive such medical, dental, psychiatric and hospital treatment and related services, as may be necessary to safeguard their health while incarcerated at the Yakima County Jail. Yakima County shall provide or arrange for the providing of such medical, dental and psychiatric services. Except for routine minor medical services, the City shall pay directly or reimburse Yakima County for all costs associated with the delivery of any emergency and/or major medical service provided to City Inmates.

(b) Yakima County shall keep an adequate record of all such services. The City will be able to review at its request any medical, dental or psychiatric services of major consequence. Yakima County will report to the City any medical, dental or psychiatric services of a major consequence as soon as is practical.

(c) Should medical, dental or psychiatric services require hospitalization, the City agrees to compensate Yakima County dollar for dollar for any amount expended or cost incurred in providing the same; provided that, except in emergencies, the City will be notified either by phone or fax prior to the City Inmate's transfer to a hospital and nothing herein shall preclude the City from retaking the ill or injured City Inmates.

10. DISCIPLINE

Yakima County shall have physical control over and power to execute disciplinary authority over all City Inmates; provided, however, that nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by federal or state law or the imposition of a type of discipline that would not be imposed on a similarly situated non-City inmate incarcerated at the Yakima County Jail.

11. RECORDS AND REPORTS

(a) Before or at the time of delivery of each City Inmate, the City shall forward to Yakima County a copy of all inmate records in Seattle's and King County's possession wherein King County is acting on behalf of the City, pertaining to the City Inmate's present custody or detention at the Renton City Jail, King County Correctional Facility, RJC or other facility. If additional information is requested regarding a particular City Inmate, the parties shall mutually cooperate to provide such additional information.

(b) Yakima County shall keep all necessary and pertinent records concerning such City Inmates in a manner mutually agreed upon by the parties hereto. During a City Inmate's confinement in the Yakima County Jail, the City shall, upon request, be entitled to receive and be furnished with copies of any report or record associated with such City Inmate's incarceration.

12. REMOVAL OF CITY INMATES FROM THE JAIL

Except for City Inmates eligible for correctional work details while under the direct supervision of a Yakima County corrections officer, a City Inmate shall not be removed from the Yakima County Jail by any person without written authorization from the City, another governmental entity with jurisdiction over such Inmate, or by order of any court having such jurisdiction. Yakima County agrees that no early releases or alternatives to incarceration, including furloughs, passes, home detention, or Work Release shall be granted to any City Inmate housed pursuant to this Agreement without written authorization by the committing court; provided, however, that this section shall not apply to an emergency necessitating the immediate removal of the City Inmate for medical, dental or psychiatric treatment or service, or other catastrophic condition presenting an eminent danger to the safety of the City Inmate or to the other inmates or personnel of Yakima County. In the event of any such emergency removal, Yakima County shall inform the City of the whereabouts of all City Inmates so removed at the earliest practicable time, and shall exercise all reasonable care for the safe keeping and custody of such City Inmates.

13. ESCAPES

In the event any City Inmate shall escape from Yakima County's custody, Yakima County will use all reasonable means to recapture the City Inmate. The escape shall be reported immediately to the City. Yakima County shall have the primary responsibility for and authority to direct the pursuit and retaking of the City Inmate within its own territory. Any cost in connection therewith shall be chargeable to and borne by Yakima County; provided, however, that Yakima County shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries.

14. DEATH OF A CITY INMATE

(a) In the event of the death of a City Inmate, the Yakima County Coroner shall be promptly notified. The City shall receive copies of any records made at or in connection with such notification. Yakima County will investigate any death of a City Inmate within its facility and will allow the City to participate in the investigation.

(b) Yakima County shall immediately notify the City of the death of a City Inmate, furnish information as requested and, subject to the authority of the Yakima County Coroner, follow the instructions of the City with regard to the disposition of the City Inmate's body. Written notice shall be provided within three (3) weekdays of receipt by the City of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by the City. With the City's consent, Yakima County may arrange for burial or other disposition and all matters related or incidental thereto, and all such expenses shall be paid by the City. The provisions of this subsection shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith.

(c) The City shall receive a certified copy of the death certificate for any of its City Inmates who have died while in Yakima County custody.

15. HOLD HARMLESS AND INDEMNIFICATION

(a) The City shall defend, indemnify and hold harmless Yakima County, its officers, agents and employees, from any claim, cost, judgment or damages, including attorneys' fees, arising out of any City act or omission related to the confinement of any City Inmate in the Yakima County Jail; provided, however, that any such claim, cost, judgment or damage does not arise out of or in any way result from any allegations of any intentional, willful or negligent act or omission on the part of Yakima County or any officer, agent or employee thereof.

(b) Yakima County shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any claim, cost, judgments or damages, including attorneys' fees, including third party claims, arising out of any act or omission of Yakima County, its officers, agents, independent contractors, or employees, related to the custody or confinement of any City Inmate by Yakima County, or for any wrongful release of City Inmates placed in Yakima County's custody, or for any claim by its employees, agents or independent contractors that may be asserted against the City in performing this Agreement.

(c) A City Inmate shall become the responsibility of Yakima County in either of the two following events, whichever occurs earlier: (i) when the City Inmate is booked into the Yakima County Jail, or (ii) when such City Inmate has been released to the care, custody and control of Yakima County by the City or a third party, including without limitation the point at which Yakima County or its agents picks up a City Inmate for transport to and from the Yakima County Jail pursuant to Section 5. Yakima County shall indemnify, hold harmless and defend the City as provided hereunder for all claims arising after it has assumed responsibility for a City Inmate. Similarly, the City shall indemnify, hold harmless and defend Yakima County as provided hereunder for all claims related a City Inmate before Yakima County has assumed responsibility for such City Inmate as provided for in this subsection.

(d) Yakima County agrees that its obligations under this Section 15 extend to any claim, demand or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, Yakima County, by mutual negotiation with the City, hereby waives, as to the City only, any immunity it might otherwise have against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the City incurs any judgment, award and/or costs arising therefrom, including attorney's fees to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from Yakima County.

(e) The City agrees that its obligations under this Section 15 extend to any claim, demand or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City, by mutual negotiation with Yakima County, hereby waives, as to Yakima County only, any immunity it might otherwise have against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event Yakima County incurs any judgment, award and/or costs arising therefrom, including attorney's fees to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from the City.

16. INSURANCE

(a) Each party agrees to provide the other with evidence of insurance coverage in the form of a certificate of insurance from a solvent insurance provider. Each party further agrees to provide the other with copies of its policies of insurance providing coverage hereunder. The insurance coverage maintained by the parties hereunder shall be sufficient to address the insurance and indemnification obligations set forth in this Agreement, and each party shall notify the other party in advance and in writing of any material changes to such coverage.

(b) Without in any way limiting the obligations of the parties pursuant to subsection (a), above, each party shall obtain and maintain coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made.

(c) As an alternative to the specific coverage provisions of subsection (b), above, either party may provide a satisfactory statement of self-insurance to the other party.

(d) Nothing contained in this Section 16 shall be construed as in any way limiting the hold harmless, indemnification and other obligations of the parties set forth in Section 15 of this Agreement.

17. RIGHT TO REFUSE INMATE(S)

(a) Yakima County shall have the right to refuse to accept any City Inmate when, in the opinion of Yakima County, the Yakima County Jail's inmate population is at or so near capacity that there is a substantial risk that the operational capacity limits of the jail might be reached.

(b) Yakima County shall have the right to refuse to accept any inmate from the City and to return to the City any City Inmate, which City Inmate, in the reasonable judgment of Yakima County, has a current illness or injury which may adversely affect the operations of the Yakima County jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. If a City Inmate is being returned to the City pursuant to this subsection (b), the cost of transport shall be paid by the City unless the transport can be made by Yakima County within the terms set forth in Section 5 of this Agreement.

18. MISCELLANEOUS

(a) In providing services under this Agreement, Yakima County is an independent contractor and neither it nor its officers, agents or employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue, to an employee of the City under any applicable law, rule or regulation.

(b) This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral.

(c) This Agreement may be amended, modified or added to only by written instrument signed by both parties hereto.

IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written:

CITY OF SEATTLE, WA BOARD OF YAKIMA COUNTY COMMISSIONERS By: By: _____________________________ ____________________________________ Gregory J. Nickels, Mayor Ronald F. Gamache, Chairman Date:______________________

Approved as to Form: By:_____________________________ Thomas A. Carr, City Attorney Jesse S. Palacios, Commissioner Assistant City Attorney Date:___________________________

By:_____________________________ James M. Lewis, Commissioner

Attest:____________________________ Carla M. Ward Clerk of the Board

Date: ___________________________

Approved as to form: By:____________________________ RONALD S. ZIRKLE, Yakima County Prosecutor Date: ___________________________ ta