AN ORDINANCE relating to jail services; authorizing the Mayor to execute an extension to the Interlocal Agreement with King County for the Provision of Jail Services.

WHEREAS, in 2002 the City of Seattle entered into an interlocal agreement with King County for the provision of jail services; and

WHEREAS, this 2002 interlocal agreement with King County will end December 31, 2012; and

WHEREAS, King County is the primary provider of jail services for the City of Seattle; and

WHEREAS, this amendment to the 2002 interlocal agreement will extend the agreement to December 31, 2015; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Mayor is authorized to execute, for and on behalf of the City of Seattle, an agreement with King County substantially in the form attached, entitled "AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND CITY OF SEATTLE FOR JAIL SERVICES." (Exhibit 1).

Section 2. 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 Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2010, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2010

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2010.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2010.

____________________________________

City Clerk

(Seal)

Exhibit 1: Amendment to Interlocal Agreement Between King County and the City of Seattle for Jail Services

Catherine Cornwall

OPM King County Jail ILA ORD

December 18, 2009

Version #1

Amendment to Interlocal Agreement Between

King County and the City of Seattle

for Jail Services

THIS AGREEMENT is dated effective as of the 1st day of February, 2010, and, with respect to the parties hereto, amends and restates the November 1, 2002 Original Agreement. 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 Seattle a Washington municipal corporation (the "City").

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).

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 "Booking" means registering, screening and examining inmates for confinement in the Jail; inventorying and safekeeping inmates' personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate.

1.2 "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except holidays and County-designated furlough days.

1.3 "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 City charge is the principal basis for booking or confining a person where one or more of the following applies, whether pre-trial or posttrial:

1.3.1 The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross misdemeanor offense within the City's jurisdiction, whether filed under state law or city ordinance;

1.3.2 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;

1.3.3 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,

1.3.4 The person is booked or confined by reason of subsections 1.3.1 through 1.3.3 above, in combination with charges, investigation of charges, and/or warrants of other governments, and the booking or confinement by reason of subsections 1.3.1 through 1.3.3 above is determined to be the most serious charge in accordance with Exhibit I.

1.3.5 A City charge is not the principal basis for confining a person where the person is booked or confined exclusively or in combination with other charges by reason of a felony charge or felony investigation.

1.3.6 A City charge is not the principal basis for confining a person where 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.

1.4 "Contract Cities" means cities that are signatory to the Original Agreement. The Contract Cities are listed in Exhibit VII.

1.5 "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.

1.6 "County Inmate" means any inmate that is not a City Inmate.

1.7 "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.

1.8 The first "Inmate Day" means confinement for more than six (6) hours measured from the time such inmate is first presented to and accepted by the Jail until the inmate 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 DUI sentences, "Inmate Day" means confinement in accordance with Exhibit II.

1.9 "JAG" means the Jail Agreement Administration Group created pursuant to Section 10 of this Agreement.

1.10 "Jail" means a place primarily designed, staffed, and used for the housing of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders charged or convicted of a criminal offense; or for confinement during a criminal investigation or for civil detention to enforce a court order. Upon the date of the execution of the Original Agreement, Jail included the King County Correctional Facility, the detention facility at the Regional Justice Center, the North Rehabilitation Facility; and any Community Corrections Facility and/or Program, such as Work Release, Electronic Home Detention, Work Crews, Day Reporting, and Evening Reporting operated by the County directly or pursuant to contract.

1.11 During the Initial Fee Period, "Medical Inmate" means a City Inmate or County 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 or other medical facility that the County may choose to send a Medical Inmate. During the Revised Fee Period, a "Medical Inmate" means a City Inmate or County 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. During both the Initial Fee Period and the Revised Fee Period, if an inmate is moved to the general population then the inmate is no longer considered a Medical Inmate.

1.12 "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.

1.13 "PARP" means the Population Alert and Reduction Plan attached as Exhibit IV.

1.14 During the Initial Fee Period, "Psychiatric Inmate" means a City Inmate or County Inmate clinically determined by the Seattle-King County Department of Public Health, or its successors charged with the same duties, as needing the level of services provided in the Jail's psychiatric housing units or other medical facility that the County may choose to send a Psychiatric Inmate. If an inmate is moved to the general population then the inmate is no longer considered a Psychiatric Inmate. During the Revised Fee Period, "Psychiatric Inmate" means either an Acute Psychiatric Inmate or a Non-Acute Psychiatric Inmate, as defined below.

1.14.1 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 III-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.

1.14.2 A "Non-Acute Psychiatric Inmate" is an inmate clinically determined by the Seattle-King County Department of Public Health, or its successor charged with the same duties, as needing Psychiatric Care Services (as further described in Exhibit III, Attachment III-2) and housed outside the Jail's acute psychiatric housing units.

1.15 "Agreement" means the Interlocal Agreement by and Between King County and the City for Jail Services in 2002 as amended by the Amendment.

1.16 "Amendment" means this Amendment to the Interlocal Agreement by and Between King County and the City for Jail Services in 2002.

1.17 "Amendment JAG" means the Amendment Jail Administration Group created pursuant to Section 10.

1.18 "DAJD" means the King County Department of Adult and Juvenile Detention or its successor agency.

1.19 "Extension Cities" means the City and other cities that are signatory to this Amendment or to an agreement in substantially identical form to this Amendment.

1.20 "Extension Period" means the calendar years 2013 through 2015.

1.21 "Non-Extension Cities" means Contract Cities that are not Extension Cities.

1.22 "Extension City Inmate" means a City Inmate that is the responsibility of an Extension City.

1.23 "Initial Fee Period" means the period from the effective date of the Original Agreement until the commencement of the Revised Fee Period.

1.24 "Revised Fee Period" means the period from and after the date the Revised Fees and Charges are first imposed on the City, (which date is June 1, 2010 for the City of Seattle and November 1, 2010 for all other Extension Cities) through the expiration of this Agreement on December 31, 2015 or its earlier termination.

1.25 "Revised Fees and Charges" are the Fees and Charges imposed during the Revised Fee Period as described in Section 3 and Exhibit III.B.

1.26 "Surcharge" means any of the following special charges, defined at Exhibit III.B.3 and further described in Attachment III-2: Infirmary Care Surcharge; Non-Acute Psychiatric Care Surcharge; Acute Psychiatric Care Surcharge; 1:1 Guarding Surcharge.

1.27 "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.B.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 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).

1.28 "Original Agreement" means the interlocal agreement for jail services between King County and the City as originally executed between the County and the City effective November 1, 2002. The Contract Cities each signed a separate agreement with the County in form substantially similar to the Original Agreement.

1.29 "WER Charge" is the daily housing charge incurred for City Inmates housed in the Work and Education and Release program as further described in Exhibit III.B.

2. Jail and Health Services. The County shall accept City Inmates for confinement in the Jail, except as provided in Sections 4.5 and 11 of this Agreement. The County shall also furnish the City with Jail facilities, booking, transportation among County 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. The County shall furnish to City Inmates 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 as expeditiously as possible after the County has received notification of a court order to release.

3. City Compensation. The City will pay the County a booking fee and a maintenance charge as follows:

3.1 Booking Fee. The booking fee shall be assessed for the booking of City Inmates by or on behalf of the City into the Jail. The booking fee shall be as provided in Exhibit III. During the Revised Fee Period, two different booking fees will be available to the City on the terms and conditions described in Exhibit III.B. The effective date of each annual adjustment for booking fee(s) will be January 1st. In both the Initial Fee Period and the Revised Fee Period:

3.1.1. The County will maintain its program of contacting 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 and will result in no maintenance charges if the City Inmate is released to the City within six hours of booking. The parties agree that the issue of providing earlier notice to the Contract Cities of booking of City Inmates shall be immediately referred to JAG for resolution.

3.1.2. The County will maintain its program to notify the City of the status of its inmates in cases where confinement is the result of multiple warrants from two or more jurisdictions. This program will 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.

3.2 Maintenance Charge. The maintenance charge shall be assessed for a City Inmate for each Inmate Day. The effective date of each annual adjustment will be January 1st. During the Initial Fee Period, the maintenance charge shall be as provided in Exhibit III.A. Also during the Initial Fee Period, the City will be billed the daily maintenance charge for Medical and Psychiatric Inmates, except as provided for in Section 11.7 of this Agreement. During the Revised Fee Period, the maintenance charge shall be assessed for a City Inmate for each Inmate Day as provided in Exhibit III.B. During the Revised Fee Period, the City may qualify for a WER Charge in lieu of the maintenance charge as described in Exhibit III.B.3.

3.3 Surcharges and Offsite Medical Charges. During the Revised Fee Period, in addition to the booking fee, maintenance charge and WER charge, the City will be charged for Offsite Medical Charges and Surcharges as detailed in Exhibit III.B.

3.3.1 Proposed Notice of Certain Surcharges. The County intends to provide or make available to the City timely information of occurrences when a City Inmate is admitted to Harborview or other offsite medical institution, or is receiving infirmary care or psychiatric care that will subject a City to Surcharges. Information 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 information within 2 business days following the day in which the chargeable event occurs and will make good faith efforts to provide information sooner if practicable. The County will make good faith efforts to try to institute a means to inform the City within 24 hours of the admittance of a City Inmate to Harborview or other offsite medical institution. The County's failure to provide or make available information or develop quicker means to provide information 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.

3.4 Proportional Billing. The parties intend to develop a system of proportional billing which will divide the costs of incarceration between two or more jurisdictions where multiple jurisdictions have a hold on a City Inmate. The parties agree to negotiate, in good faith, in an attempt to develop such a system.

4. Billing and Dispute Resolution Procedures.

4.1 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 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, during the Revised Fee Period, 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. This may or may not occur on a monthly basis. Such Offsite Medical Charges shall be due within such time and subject to such withholding and dispute resolution procedures as otherwise provided in this Section 4.

4.2 Withholding of any amount billed or alleging that any party is in violation of any provision of this Agreement shall constitute a dispute, which shall be resolved as follows:

4.2.1 The County shall respond in writing to billing disputes within 60days 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 rather than 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 5th Avenue

Seattle, WA 98104 FAX Number: 206-296-0570

4.2.2 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. For disputes involving fees and charges incurred during the Revised Fee Period or otherwise solely arising under the terms and conditions of the Amendment, the dispute shall be referred to the Amendment JAG. In the event JAG or Amendment JAG, as applicable, is unable to resolve the dispute within 30-days of referral, either party may appeal. All appeals shall be referred to the Chief Executive Officer of the City, or designee, and the County Executive, or designee, for settlement. If not resolved by them within thirty (30) days of the referral, the Chief Executive Officer and the County Executive by mutual written consent may seek arbitration or mediation of the matter. Each party shall pay one-half of the arbitrator's or mediator's fees and expenses. If mutual written consent to apply for the appointment of an arbitrator or mediator is not reached, or the dispute is not resolved through arbitration or mediation, either party may seek court action to decide the dispute. If either party prevails in a court action to enforce any provision of this Agreement, it shall be awarded reasonable attorney's fees to be based on hourly rates for attorneys of comparable experience in the community.

4.3 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.

4.4 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. This provision shall not limit a City's ability to challenge or dispute any billings that have been paid by the City.

4.5 If the City fails to pay a billing within 45-days of receipt, the County will notify the City of its failure to pay and the City shall have ten (10) days to cure non-payment. In the event the City fails to cure its nonpayment, the City shall be deemed to have voluntarily waived its right to house City Inmates in the Jail and, at the County's request, will remove City Inmates already housed in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may accept no further City Inmates until all outstanding bills are paid.

4.6 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.

4.7 Each party many 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 4.2.

5. Term. This Agreement shall commence on November 1, 2002 and shall supersede all previous contracts and agreements between the parties relating to the Jail and jail services. This Agreement shall extend to December 31, 2015.

6. Termination. Either party may initiate a process to terminate this Agreement as follows:

6.1 Ten-Day Notice of Intent to Terminate. Any party wishing to terminate this Agreement shall issue a written notice of intent to terminate, not less than ten (10) days prior to issuing a ninety (90) day termination notice under Section 6.2 of this Agreement. Upon receipt of the written notice 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 notice under section 6.2 of this Agreement.

6.2 Ninety-Day Termination Notice. After the ten (10) day period has run under Section 6.1 of this Agreement, the party desiring to terminate this Agreement may provide the other party ninety (90) days written termination notice, as provided in RCW 70.48.090.

7. [Section number reserved].

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 Section 8 "Indemnification" shall survive the termination or expiration of this Agreement.

9. Most Favored Treatment. The County represents and assures the City that no other city or town has or will receive more favored treatment under a contract with the County covering the Jail or jail services. If advantages are provided inmates of another city or town, like advantages shall be extended to City Inmates; and if lower rates are provided in any contract with another city or town, such reduced charges shall be extended to the City under this Agreement. This Section shall not apply to a) temporary service contracts 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; c) any agreement among the County and any city or town related to additional jail capacity at a new or expanded Jail; and d) any agreements for services among the County and any city or town for additional services not provided for in this Agreement.

Notwithstanding anything in this section to the contrary, the City waives its rights under this section with respect to the date on which Extension Cities other than the City will begin paying rates and charges per the Revised Rates described in Exhibit III.B. Other than the waiver described in the preceding sentence, the parties agree that this Section 9 is otherwise not triggered by execution of the Amendment.

10. Jail Agreement Administration Group (JAG). JAG is hereby established to work together to assure the effective implementation of this Agreement and resolve any Agreement or PARP 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 fee, referrals of disputes under Section 4 and issues related to the expedient transfer of City Inmates into or out of alternative facilities within or outside of King County. JAG shall also negotiate any reopener of the provisions described in Section 7 of this Agreement. JAG shall be initially established by November 1, 2002.

The committee shall be composed of eight persons as follows:

County Executive Representative (1)

City of Seattle Representative (1)

City of Bellevue Representative (1)

Director of the Department of Adult and Juvenile Detention (1)

Suburban Cities Representatives (4)

The City of Seattle representative will be appointed by the Mayor of Seattle. The City of Bellevue representative will be appointed by the City Manager. The Suburban Cities Association (SCA) shall select four (4) representatives through a process defined by the SCA. The Mayor of Mayor/Council cities or the City Manager of Council/Manager cities shall appoint the representative of each city selected by the SCA. Notice of the city representatives and any changes thereto shall be provided to the County Executive. The Committee shall meet at least quarterly. A Chair shall be selected from among the members.

For issues arising solely under this Amendment that are otherwise within the same scope of issues that are the purview of the JAG, there is created an Amendment JAG which shall serve the function of the JAG as described herein. The Amendment JAG shall be composed of up to seven persons as follows:

County Executive Representative (1)

Director of the Department of Adult and Juvenile Detention (1)

City of Seattle Representative (1)

Extension City Representatives: (one per city, not to exceed 4 in total)

The extension cities will determine who their representatives are to the Amendment JAG. The parties agree that Amendment JAG has no authority to make a final decision with regard to any matter related to the Agreement and Amendment. If any Extension City, or the County, is not satisfied with status of a matter after discussion in the Amendment JAG, that party retains all rights to seek further legal redress as provided for the Agreement and Amendment.

11. Jail Capacity. The parties understand that the number of beds available in King County may not meet the demands for those beds in the future. The following items attempt to address the needs of the local criminal justice system for adequate secure bed space and the County's ability to prevent excessive and unmanageable crowding conditions within capacity.

11.1 PARP. The parties agree to make a good-faith effort to cooperatively implement all provisions of the PARP. Additionally, King County agrees to be bound to the Population Alert Notification section of the PARP with the caveat that King County will not be held to the Population Alert Notification section of the PARP in the event of force majeure or computer or telecommunications failure. The parties have also prepared a Table set forth in Exhibit V. This Exhibit represents a good faith effort by the parties to estimate Jail bed demand and supply for the years 2002 through 2005. However, the King County supply scenarios contained in Exhibit V are not binding on the County.

11.2 Capacity for City Inmates. When necessary, King County will double bunk the Regional Justice Center up to 65% to accommodate City Inmates. The parties understand that the County's commitment to double bunk up to 65% at the Regional Justice Center to accommodate City Inmates means that the County will not set a budgetary constraint that will prevent the County from performing under the terms of this Agreement.

11.3 The Contract Cities agree to the following population reduction schedule for the aggregate number of City Inmates.

A) By December 31, 2003, at the time of the Jail's Official Daily Population Count the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 380.

B) By December 31, 2004, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 250.

C) By July 1, 2005, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 220.

D) By December 31, 2012, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 0, with the exception that inmates whose status has changed to City Inmate will not be included in the calculation of the aggregate number of City Inmates if the inmate is removed from the Jail within 72-hours of such change in status; provided that this subsection (D) shall not apply to Extension Cities.

For the purpose of determining the aggregate number of City Inmates only, and not for billing purposes, inmates held on multiple warrants by the County which include one or more city warrants in addition to a County and/or state warrant and City Inmates that have been booked into the Jail and the Contract Cities have not been notified of such booking shall not be considered a City Inmate. Also, City Inmates housed in the Jail pursuant to a reciprocal bed-use agreement will not be considered City Inmates for the purpose of determining the aggregate number of City Inmates.

11.4 The City agrees to be bound by the population reduction schedule listed in Section 11.3. Accordingly, in the event the aggregate City Inmate population:

A) Exceeds 380 on any given day from December 31, 2003, through December 31, 2004; or

B) Exceeds 250 on any given day from December 31, 2004, through June 30, 2005; or

C) Exceeds 220 on any given day from July 1, 2005 to December 31, 2012; or

D) Exceeds 0 on any given day after January 1, 2013, except as provided in Sections 11.3 and 11.5.1;

then the County will have the right to take the actions outlined in Section 11.5.

11.5 The County will notify the Contract Cities by phone or electronic mail, if the Contract Cities have exceeded the population reduction schedule described in Sections 11.3 and 11.4. The County may then decide to continue to house City Inmates in excess of the population reduction schedule listed in Sections 11.3 and 11.4. Alternatively, the County may refuse to accept bookings from the City until such time as the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4. If the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4, through removal of City Inmates from the Jail, then the County will be obligated to accept new City bookings. The notification required by the first sentence of this Section, 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 City Inmates in excess of the population reduction schedule listed in Sections 11.3 and 11.4, or whether the County will refuse to accept bookings from the City until such time as the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4.

11.5.1 The Extension Cities are not required to reduce the aggregate number of Extension City Inmates to 0 by December 31, 2012. Rather, the Extension Cities agree to the following:

A) By December 31, 2012, at the time of the Jail's Official Daily Population Count the Extension Cities agree to reduce the aggregate number of Extension City Inmates in the Jail to 330.

B) By December 31, 2014, at the time of the Jail's Official Daily Population Count, the Extension Cities agree to reduce the aggregate number of Extension City Inmates in the Jail to 250.

C) By December 31, 2015, at the time of the Jail's Official Daily Population Count, the Extension Cities agree to reduce the aggregate number of Extension City Inmates in the Jail to 0, with the exception that inmates whose status has changed to City Inmate will not be included in the calculation of the aggregate number of Extension City Inmates if the inmate is removed from the Jail within 72-hours of such change in status.

For the purpose of determining the aggregate number of Extension City Inmates only, and not for billing purposes, inmates held on multiple warrants by the County which include one or more city warrants in addition to a County and/or state warrant and City Inmates that have been booked into the Jail and the Extension Cities have not been notified of such booking shall not be considered an Extension City Inmate. Also, Extension City Inmates housed in the Jail pursuant to a reciprocal bed-use agreement will not be considered Extension City Inmates for the purpose of determining the aggregate number of Extension City Inmates.

11.5.2 The City agrees to be bound by the population reduction schedule listed in Section 11.5.1. Accordingly, in the event the aggregate Extension City Inmate population:

A) Exceeds 330 on any given day from December 31, 2012, through December 31, 2014; or

B) Exceeds 250 on any given day from December 31, 2014, through December 31, 2015; or

C) Exceeds 0 on any given day after January 1, 2016, except as provided in Section 11.51;

then the County will have the right to take the actions outlined in Section 11.5.3.

11.5.3 The County will notify the Extension Cities by phone or electronic mail, if the Extension Cities have exceeded the population reduction schedule described in Sections 11.5.1 and 11.5.2. The County may then decide to continue to house Extension City Inmates in excess of the population reduction schedule listed in Sections 11.5.1 and 11.5.2. Alternatively, the County may refuse to accept bookings from the City until such time as the aggregate number of Extension City Inmates is reduced below the population reduction schedule listed in Sections 11.5.1 and 11.5.2. If the aggregate number of Extension City Inmates is reduced below the population reduction schedule listed in Sections 11.5.1 and 11.5.2, through removal of Extension City Inmates from the Jail, then the County will be obligated to accept new City bookings. The notification required by the first sentence of this Section 11.5.3, will be made to the person designated in Section 13.11 of this Agreement, and will inform the City whether the County intends to continue to house Extension City Inmates in excess of the population reduction schedule listed in Sections 11.5.1 and 11.5.2, or whether the County will refuse to accept bookings from the City until such time as the aggregate number of Extension City Inmates is reduced below the population reduction schedule listed in Sections 11.5.1 and 11.5.2.

11.5.4 The parties agree to confer not less than quarterly during the Extension Period (2013-2015) to determine in good faith whether any of the beds reserved for Extension City Inmates are not likely to be needed by those cities in the near term and may thus be reassigned to third parties (including, but not limited to the state department of corrections) on a short term basis (30 day minimum). The purpose of this provision is to maximize county revenue recovery without impacting the Extension Cities' ability to access needed beds.

11.5.5 The County will review inmate population information and forecasts periodically during the Extension Period and increase the maximum number of beds available to cities as the County determines is reasonably practicable.

11.5.6 During the extension period Extension Cities can collectively access up to a maximum of 15 Work and Education Release (WER) beds, subject to availability, on a first come, first serve basis; provided further that these beds will not be held in reserve for the Extension Cities.

11.6 The Jail's capacity limit for Medical Inmates is twenty-six (26). 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 1.11 and 1.14 at the time of the Jail's Official Daily Population Count.

11.7 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set forth in Section 11.6, the County will notify the City by phone or electronic mail. Such notification will be made to the person designated in Section 13.11 of this Agreement. At the time this notification is made the County may request that the City take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 11.6, or the County may inform the City that it is willing to continue to house these inmates. During the Initial Fee Period, the premium maintenance day charge in Exhibit III may only be charged when 1) the capacity limit is exceeded, 2) additional staff are assigned and compensated to serve these excess Medical or Psychiatric Inmates, 3) additional medical or psychiatric bed capacity is created, and 4) notice is provided as detailed above in this Section. The premium maintenance day charge is not applicable in the Revised Fee Period.

11.8 County requests under Section 11.7 will be made as follows. The billable City with the most recent City Inmate admitted as Medical or Psychiatric Inmate will be asked to take custody of that inmate. During the Initial Fee Period, 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 continue to house these inmates at the premium maintenance day charge as detailed in Exhibit III. During the Revised Fee Period, this process will be repeated until such time as the Medical and Psychiatric populations are reduced to below capacity limits, or the Jail is willing to continue to house these inmates.

11.9 If the County, pursuant to Sections 11.7 and 11.8, 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 its1 Medical or Psychiatric Inmates by picking them up within 24-hours of the County's request, or by notifying 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 dropoff 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.

11.10 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-ofstate.

12. Transfer of Property. The parties agree that prior to July 1, 2004 the County will convey, pursuant to the terms of the Land Transfer Agreement attached as Exhibit VI, to the City of Bellevue, Washington, to hold on behalf of all Contract Cities, as third party beneficiaries, certain real property located at 1440 116th Avenue N.E. and 1412 116th Avenue N.E., Bellevue, Washington (Property). The Contract Cities may at their sole discretion enter into an agreement with other King County cities for the purpose of providing for the disposition of the Property. The Property will be used to contribute to the cost of building secure capacity, or contracting for secure capacity, and, at the sole discretion of the Contract Cities, building or contracting for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not build secure capacity, or contract for secure capacity, and, at the sole discretion of the Contract Cities build or contract for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement the City of Bellevue shall transfer title to the Property back to the County if such Property has not been sold; or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned; or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MIA appraiser selected by mutual agreement of King County and the City of Bellevue, plus investment interest earned. This section shall survive any termination of this Agreement prior to December 31, 2015.

12.1 The deadline of December 31, 2012, in the paragraph above is extended to December 31, 2015 for Extension Cities only. As of the date of this Extension Agreement, the Property has been sold and the proceeds (the "Property Proceeds") distributed to cities per the allocation in Exhibit VIII, attached.

12.2 The County waives any right it may have otherwise asserted, under this Extension Agreement or the Original Agreement or the Land Transfer Agreement between Bellevue and the County, to seek recovery of Property Proceeds from any City to which Property Proceeds have been allocated that has in good faith expended the Property Proceeds for the purposes prescribed in this Section. Except as otherwise expressly provided below, in the event any City receiving Property Proceeds expends such proceeds for purposes inconsistent with this Section, the County shall only seek to recover those misspent Property Proceeds.

12.3 With respect to Property Proceeds allocated to the City that remain unexpended as of December 31, 2015:

12.3.1 If the City has removed all its Inmates from the County jail facilities by January 1, 2016, the County waives the right to recover Property Proceeds remaining unexpended as of December 31, 2015, unless such Property Proceeds are later spent for purposes inconsistent with the purposes prescribed in Section 12.

12.3.2 If the City fails to remove its inmates from County jail facilities by January 1, 2016, in addition to other rights and remedies it may have, the County may seek recovery of those Property Proceeds allocated to the City, which were unexpended as of December 31, 2015.

12.4 The parties agree that nothing in any provision of this Agreement shall be interpreted to allow the Extension Cities to use the proceeds from the sale of the Property to subsidize any payments owed to the County under the terms of the Agreement or Amendment. The parties further agree that the intent of this Section 12 is to provide financial assistance to cities to contribute to the cost of building secure capacity, or contracting for secure capacity, and, at the sole discretion of the Extension Cities, building or contracting for alternative corrections facilities, sufficient to enable the Extension Cities to meet the final step (occurring on December 31, 2015) of the population reduction schedule as detailed in Section 11.5.2 of this Agreement.

12.5 The parties agree that, for the purposes of this Section 12, "alternative corrections facilities" means facilities in which work release, electronic home detention, work crews, day reporting, evening reporting or other community programs are operated by the Contract Cities or Extension Cities. This definition of "alternative corrections facilities" is not intended to alter in any way the definition of "Jail" found in section 1.10 of the Agreement.

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 [Section number reserved].

13.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby.

13.5 Remedies. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance of 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 notice of a deficiency in performance constitute an acquiescence thereto. The parties are entitled to all remedies in law or equity.

13.6 Exhibits. This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth:

Exhibit I Method of Determining Billable Charge and Agency

Exhibit II Exception to Billing Procedure

Exhibit III Maintenance Charge, Premium Maintenance Charge, Booking Fee, Surcharges and Offsite Medical Charges

Exhibit IV Population Alert and Reduction Plan

Exhibit V Comparison of Estimated King County Jail Bed Demand and Supply 2002 to 2005 Table

Exhibit VI Land Transfer Agreement

Exhibit VII List of Cities

Exhibit VIII Distribution of Property Proceeds

Exhibit IX 2008 City Average Daily Population

13.7 Not Binding on Future Agreements. This Agreement does not bind the parties as to the terms, fees, or rate formulas to be included in any future jail services agreements.

13.8 Entire Agreement. This Agreement as amended represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions.

13.9 Modifications. All provisions of this Agreement may be modified and amended with the mutual written consent of the parties hereto.

13.10 Force Majeure. In the event either party's performance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored.

13.11 Notices. Except as otherwise provided in this Agreement, any notice 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:

For the County:

13.12 [Section number reserved].

13.13 Council Approval. The parties' obligations under this Agreement are subject to official City or County Council approval.

13.14 Information. The parties further agree to share data and information for the purpose of assisting the Contract Cities in the planning and construction of secure capacity, contracting for secure capacity or alternative correction facilities.

14. Terms to Implement Amendment:

14.1. Amendment Offered and Minimum ADP Required. The County will offer this Amendment to the cities listed in Exhibit VII. Such offer is open to those cities until February 1, 2010 or such later date as may be approved by King County. The County's offer is a conditional offer that may be withdrawn if the Amendment is not executed on or prior to February 1, 2010 by cities which in 2008 cumulatively housed not less than 70% of the total 2008 Cities Average Daily Population (ADP) (a 2008 ADP of 199.49) in the County jail system. 2008 ADP for each Contract City, to be used to determine the total ADP of cities executing this amendment, is set forth in Exhibit IX.

14.2. Effective Date. The effective date of this Amendment is February 1, 2010.

14.3. Latecomers. Any Contract City not party to this Amendment which seeks jail services from the County during the period from January 1, 2012 through December 31, 2015 must reach agreement as to the terms of such "latecomer contract" through negotiation with the County, and any latecomer contract as so negotiated shall be subject to the concurrence (meaning a statement of willingness to allow the County and the city to enter into such contract) of all Extension Cities. In recognition of the risks assumed and costs incurred by both the County and the Extension Cities as a result of entering into this Amendment, any such latecomer contract will include a latecomers charge as further defined below.

14.3.1 Except as provided in Section 3.2 below, the latecomers charge shall equal 400% of the cumulative increase in surcharge revenue that the County would have received from the latecomer city had that city signed this Amendment effective January 1, 2010, based on the latecomer city's actual jail usage under the Original Agreement over the period from November 1, 2010 through December 31, 2012 or the date the latecomer agreement takes effect, whichever is earlier. The calculation of the latecomers charge shall thus exclude consideration of booking fee, maintenance charge and WER charge revenues that would have been incurred, but shall include all other services provided by the County that would have resulted in imposition of surcharges to the latecomer city had the latecomer city signed this Amendment effective January 1, 2010 (e.g., Infirmary Care Surcharge, Acute Psychiatric Care Surcharge, Non-Acute Psychiatric Care Surcharge, and 1:1 Guarding Surcharge). In addition, any Offsite Medical Charges that were incurred by the County on behalf of the latecomer city after January 1, 2010, will be added to the latecomer penalty but shall not be subject to the 400% multiplier.

14.3.2 Notwithstanding the foregoing, the latecomer charge will be 250% of the cumulative surcharge revenue increase calculated per Section 3.1 above if the Extension Cities signatory to this Amendment together represent not less than 75% of the 2008 Cities Average Daily Population (ADP) (a 2008 ADP of 213.74). 2008 ADP for each Contract City, to be used to determine the whether this lower 250% fee increase is applicable, is set forth at Exhibit IX. In addition, any Offsite Medical Charges that were incurred by the County on behalf of the latecomer city after January 1, 2010, will be added to the latecomer penalty but shall not be subject to the 250% multiplier.

14.3.3 The latecomer charge will be budgeted as DAJD revenue and applied to reduce costs on a one-time basis for the County and all Extension Cities. Proceeds of the latecomer charge will be allocated between the County and the Extension Cities based on the ratio of County responsible inmate ADP to the Extension Cities aggregate responsible inmate ADP for the immediately preceding calendar year, with each Extension City receiving a pro rata share of the total Extension Cities allocation based on its ADP for the immediately preceding calendar year.

14.4. City Efforts Towards Additional/Future Detention Capacity. The City confirms that it is engaged in planning to finance and construct or otherwise secure additional jail capacity to be available to the City, or to the City and other parties, by the end of the term of this Agreement. Also, if the City had an Average Daily Population of 2 or more in 2008 at King County facilities, the City has entered or will enter into a contract or contracts with third parties for jail bed capacity for City misdemeanor offenders, or will add capacity to its own jail facilities, in order to supplement the jail bed capacity available to the City for the entire term of this Agreement.

14.5. Filing. As provided by RCW 39.34.040, this Amendment shall be filed with the King County Department of Records and Elections.

14.6. Council Approval. The parties' obligations under this Amendment are subject to official City and City Council approval of the Amendment.

14.7. Assignment/Subcontracting. The City may not assign or subcontract any portion of this Amendment or transfer or assign any claim arising pursuant to this Amendment.

14.8. Severability. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby.

14.9. No-Third Party Beneficiaries. There are no third-party beneficiaries to this Amendment. No person or entity other than a party to this Amendment 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 Amendment.

14.10. Execution in Counterparts. This Amendment and any amendments thereto, shall be executed on behalf of each Party by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. The Amendment 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 City of Seattle

________________________________________

King County Executive _______________________________________

Mayor

________________________________________

Date _______________________________________

Date Approved as to Form Approved as to Form

________________________________________

King County

Deputy Prosecuting Attorney ________________________________________

City Attorney

_______________________________________

Date _______________________________________

Date

EXHIBIT I

Method of Determining Billable Charge and Agency

Daily the billing program examines the open charges for each active booking and applies a uniform set of rules to select the billable charge. Then the billable agency is determined from the billable charge. Under these rules, the most serious charge, as determined by type of charge (felony, investigation, misdemeanor), pretrial or sentenced status and bail amount, is considered the principal basis for incarceration, pursuant to Section 1 of this Agreement.

The procedure for selecting the billable charge is as follows. The program will proceed in sequence through the series of procedures only as far as needed to isolate one charge as billable.

1. Select the only felony or investigation of felony charge. If there are more than one, go to Rule 2. If there are no felony or investigation of felony charges, proceed to Rule 3.

2. Select the charge with charge status other than Federal or Immigration. If there are no other charge statuses, determine if the charge is Federal or Immigration and bill accordingly.

3. Select the only misdemeanor charge. If there are more than one, continue to Rule 4.

4. Select the sentenced charge. Find the agency with the longest sentence. If there are no sentenced charges, go to Rule 6.

5. If there is no longest sentence, or if all are sentences of equal length, select the charge with the earliest sentence date.

6. Select the charge for the arresting agency. If there is no arresting agency or charges, select the earliest charge entered and set the billable agency of that charge.

7. If there are no sentenced charges, and if the arresting agency has no charge, then find the agency having the highest total accumulated bail amount and select the first charge entered for that agency.

8. If bail is equal among jurisdictions and no charges are sentenced, or if all charges are sentences of equal length, select the charge having the earliest charge number.

EXHIBIT II

Exception to Billing Procedure between King County

and Cities Signing the Agreement for Jail Services

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 1.8 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

Number of Inmate days = 2 Released 7/9/90 0700

The Department of Adult and Juvenile Detention will apply this definition of inmate day to the City's direct DUI one and two-day inmates by adjusting the City's monthly bill before it is sent to the City. If the changes are not made for some reason, the City will notify the Department of Adult and Juvenile Detention, which will make the necessary adjustments.

EXHIBIT III

Maintenance Charge, Premium Maintenance Charge, Booking Fee, Surcharges and Offsite Medical Care Charges

A. INITIAL FEE PERIOD

1. MAINTENANCE CHARGE.

The maintenance charge for 2002 is $77.37. For each calendar year (or partial year) thereafter during the Initial Fee Period the maintenance charge will be increased by 5.8 percent.

In addition to the 5.8 percent increase, King County will increase the maintenance charge to capture the cost of Capital Expenditures. Capital Expenditures are defined as the cost of repairing and renovating current jail capacity and support and administrative facilities that benefit Jail operations. Capital Expenditures include the Integrated Security Project (ISP) and the Courthouse Seismic Stabilization Project (CSSP). Additional Capital Expenditures will be included in the maintenance charge if such expenditures benefit City Inmates. Any Capital Expenditure that solely benefits County Inmates will not be charged to the City.

Capital Expenditures 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. DAJD will estimate the total number of inmate days for a given year. By April 30th of the following year DAJD will reconcile this capital expenditure number and adjust the City's next billing accordingly.

The County shall provide its 6-year CIP and its 6-year major maintenance plan to the City on an annual basis. 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 JAG as described in Section 4 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. King County will provide the City with a sample calculation of the maintenance charge for the years 2002-2005, which will include a rough estimate of Capital Expenditures.

Capital Expenditure charges shall begin, if debt financed, 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 cities 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.

2. PREMIUM MAINTENANCE CHARGE.

The premium maintenance charge for 2002 for Medical and Psychiatric Inmates is $205.35 and may only be charged consistent with the conditions in Section 11.7 of the Agreement. For each calendar year (or partial year) thereafter during the Initial Fee Period, the premium maintenance charge will be increased by 5.8 percent.

3. BOOKING FEE.

The booking charge for 2002 is $148.78. For each calendar year (or partial year) thereafter during the Initial Fee Period the booking charge will be increased by 5.8 percent.

B. REVISED FEE PERIOD

During the Revised Fee Period, the City shall pay the fees, charges, surcharges and Offsite Medical Charges with such annual adjustments for inflation or other re-sets as described below.

1. MAINTENANCE CHARGE

a. The maintenance charge starting June 1, 2010 (for Seattle) [November 1, 2010 (for other Extension Cities)] and for the remainder of the calendar year 2010, excluding any adjustments for Capital Expenditure Charges, will be $105.93. The maintenance charge shall be annually adjusted as described in Subsection 5 below.

b. In lieu of the maintenance charge, the City will be charged a Work and Education Release (WER) Charge for each Inmate Day in which a City Inmate is in the WER program. Starting June 1, 2010 (for Seattle) [November 1, 2010 (for other Extension Cities)] and for the remainder of the calendar year 2010, excluding any adjustments for Capital Expenditure Charges, the WER Charge will be $78.58. The WER Charge shall be annually adjusted as described in Subsection 5 below.

i. There are a limited number of WER beds available to cities. The Contract Cities and Extension Cities may collectively access up to 15 WER beds. The availability of these beds to Cities is further subject to availability on a first-come, first-serve basis: these beds will not be held in reserve for cities and no more than 15 WER beds will be made available for all Contract Cities and Extension Cities Inmates at any time.

ii. A City responsible for an Inmate admitted directly to WER will continue to be charged a booking fee for that Inmate,

c. During the Revised Fee Period, 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 in a manner consistent with that provided for the Initial Fee Period as restated in this subparagraph (c) and subsections (i) (iii) below. Capital Expenditures are defined as the cost of repairing and renovating current jail capacity and support and administrative facilities that benefit Jail operations. Capital Expenditures include 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. Any Capital Expenditure that solely benefits County Inmates will not be charged to the City.

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. DAJD will estimate the total number of inmate days for a given year. By April 30th of the following year DAJD will reconcile this capital expenditure number and adjust the City's next billing accordingly.

ii. The County shall provide its 6-year CIP and its 6-year major maintenance plan to the City on an annual basis. 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 Amendment JAG as described in Section 4 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 Expenditure charges shall begin, if debt financed, 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 cities 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.

2. BOOKING FEES

a. The booking fee in the Revised Fee Period shall be based on whether or not the Extension 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 June 1, 2010 (for Seattle) [November 1 2010 (for other Extension Cities)] and for the remainder of the calendar year 2010 will be initially set as follows, as illustrated in Exhibit III-1:

i. The Reduced Booking Fee shall be $288.93. This is the booking fee payable by Extension Cities that are not using the County's PR screeners.

ii. The Standard Booking Fee shall be $341.82. This is the booking fee payable by Extension Cities using the County's PR screeners.

b. Extension Cities with a court order on file as of September 1, 2009, confirming that the City and not the County will have authorization to provide PR screening for City inmates, will be qualified for the Reduced Booking Fee in 2010 from and after the beginning of the Revised Fee Period. To qualify for the Reduced Booking Fee in subsequent years, the City must either provide a court order not later than July 1 of the preceding calendar year confirming the City's responsibility for PR screening, 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 Reduced Booking Fee. Notwithstanding the foregoing, the City of Seattle qualifies for the Reduced Booking Fee and shall remain so qualified unless and until the County is provided with a Court order to the contrary.

3. SURCHARGES

In addition to payment of the maintenance charge or WER Charge and the booking fee, 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 commencement of the Revised Fee Period through December 31, 2010 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 $160.89 for each Surcharge Day.

b. Non-Acute Psychiatric Care. For Non-Acute Psychiatric Inmates, the City shall pay a Psychiatric Care Surcharge of $65.90 for each Surcharge Day.

c. Acute Psychiatric Care. For Acute Psychiatric Inmates, the City shall pay an Acute Psychiatric Care Surcharge of $220.54 (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 $154.64.

ii. The Psychiatric Care Surcharge for each Surcharge Day of $65.90 is added to the Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of $220.54.

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 $54.95 per guard for each hour or portion thereof, and as further described in Attachment III-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 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.

5. INFLATORS AND RE-SETS OF FEES AND CHARGES

a. All fees and charges, excluding Offsite Medical Care Charges and 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, 2011, in order to determine the final rates and charges for said calendar year, subject further to re-set of the underlying "base rates" periodically as described in subsection 5.b below.

Non-Medical Charges: the following fees and charges are subject to an annual inflator of 5% (except for calculations requiring inflation of 2009 costs for purposes of determining 2010 costs, 2009 non-medical costs shall be subject to an annual inflator of 3%):

i. Maintenance Charge

ii. WER Charge

iii. Reduced Booking Fee and Standard 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 6.5% (except for calculations requiring inflation of 2009 costs for purposes of determining 2010 costs, 2009 medical costs shall be subject to an annual inflator of 5%):

i. Infirmary Care Surcharge

ii. Psychiatric Care Surcharge

b. Attachment III-1 shows the allocation of 2007 Actual Jail Costs to derive the 2007 fees and charges. As indicated on Attachment III-1, these 2007 fees and charges were then inflated as described in subsection 5.a above in order to calculate the fees and charges applicable in 2010 as set forth above in Sections B.1, Maintenance Charge, B. 2, Booking Fees, B.3, Surcharges, and B.4, Offsite Medical Care Charges (excluding the Capital Expenditure Charge which will be a periodically adjusted component added to the maintenance charge and WER Charge).

Fees and charges payable by the City shall be re-calculated each year based on Actual Jail Costs periodically recalculated, using the same allocation methodology as illustrated in Attachment III-1, and applying the inflators described in subsection 5.a, as follows (excluding the Capital Expenditure Charge which will be a periodically adjusted component added to the maintenance charge and WER Charge):

i. Fees and Charges in 2011 shall be based on Actual Jail Costs for 2009, inflated per subsection 5.a above. Thus, the 2009 Actual Jail Costs will be used to derive the set of 2009 base charges and fees in a manner consistent with the calculations in Exhibit III-1. These charges and fees will be inflated by the 2009 inflators (3% for non-medical fees and charges, 5% for medical charges) described in subsection 5.a above to derive the 2010 charges and fees, and then these charges and fees will be inflated again at the rates described in subsection 5.a (5% for nonmedical fees and charges, 6.5% for medical charges) to determine the 2011 fees and charges.

ii. Fees and Charges in 2012 shall be determined by inflating the 2011 charges and fees by the inflators described in subsection 5.a above (5% for non-medical fees and charges, 6.5% for medical charges).

iii Fees and Charges in 2013 shall be based on Actual Jail Costs for 2011, inflated per subsection 5.a above (e.g., the 2011 Actual Jail Costs will be used to derive the set of 2011 base charges and fees in a manner consistent with the calculations in Exhibit III-1; these charges and fees shall be inflated by 5%, or 6.5% , per paragraph a above, to derive the 2012 charges and fees, and those charges and fees will be inflated again by 5% or 6.5% (per subsection 5.a) to determine the 2013 fees and charges).

iv. Fees and Charges in 2014 shall be determined by inflating the 2013 charges and fees by the inflators described in subsection 5.a above.

v. Fees and Charges in 2015 shall be based on Actual Jail Costs for 2013, inflated per subsection 5.a above (e.g., the 2013 Actual Jail Costs will be used to derive the set of 2013 base charges and fees in a manner consistent with the calculations in Exhibit III-1; these charges and fees shall be inflated by 5% or 6.5% per subsection 5.a above, to derive the 2014 charges and fees, and those charges and fees will be inflated by 5% or 6.5% per subsection 5.a above to determine the 2015 fees and charges).

Actual Jail Costs means the direct and indirect costs related to operating the Jail, including without limitation health services, as determined by the County's budget reconciliation completed after the end of each calendar/budget year.

Exhibit III-2 Summary Description of Cost Model Surcharges and Pass-Through Charges

JHS Psychiatric Care

JHS Infirmary Care

EXHIBIT IV Population Alert and Reduction Plan This Population Alert and Reduction Plan (PARP) attempts to balance the needs of the local criminal justice system for adequate secure bed space and the County's ability to prevent excessive and unmanageable crowding conditions. Periodic reports (at least quarterly) will be provided by the County and the Cities to the Jail Agreement Administration Group established in the Agreement on PARP implementation efforts.

I. Reduction Plan: Initial Steps It is the goal of King County and the Contract Cities to avoid reaching population levels that trigger population alerts. To this end the parties will examine current practices and to the extent available use population reduction strategies and alternatives to secure detention programs to reduce reliance on secure jail beds. In addition, during 2002 and 2003 the following actions will be undertaken to prepare for the possibility of a mismatch between capacity and demand for secure jail beds.

1. Development and implementation of the notification system outlined below by November 15, 2002.

2. The Contract Cities will sign a contract to be effective no later than third quarter 2003 with Yakima County or another jurisdiction to achieve the population reduction schedule listed in Sections 11.3 and 11.4 of the Agreement.

3. King County Executive will make best efforts to obtain funding and implement community corrections pilot programs (Day Reporting and Work Crews) which are expected to reduce the utilization of secure capacity by 60 beds.

4. The County agrees to seek participation by the King County Prosecutor, Superior Court and District Court to develop a plan for reducing the use of secure beds. The goal would be to reduce the use of non-city secure beds based on seriousness of offense and risk to public safety, and/or risk of flight to avoid prosecution. The County agrees to make a goodfaith effort to implement court approved plans for which funding has been approved.

5. The Contract Cities agree to seek participation by City prosecutors and courts to develop a plan incorporating the elements described below for reducing the use of secure beds. The goal would be to reduce the use of secure beds based on seriousness of offense and risk to public safety, and/or risk of flight to avoid prosecution. The City agrees to make a good-faith effort to implement court approved plans for which funding has been approved.

6. The JAG will discuss and provide advice on an implementation plan for all reduction plans. II. Definitions "Operational capacity" is the number of secure jail beds that can be operated by DAJD within annual adopted budget appropriation and within legal limitations including, but not limited to, limitations outlined in the Hammer settlement agreement and the Agreement with the Contract Cities. Vacancy rates at 5% for the Regional Justice Center and 21/2% for the King County Correctional Facility will also be factored into operational capacity. In the event the County changes such vacancy rates, the County agrees to notify JAG. III. County Population Alert Notifications The County will provide the Contract Cities with a Population Alert Notification covering three categories: total population, Medical Inmates, and Psychiatric Inmates (PAN-TMP), and a Population Alert Notification for City Inmates (PAN-CI)

A. Timing The PAN-TMP and the PAN-CI will be updated daily. The PAN-CI will be updated monthly with a lag time of two weeks until such time as the County is able to provide more frequent notice to the Contract Cities.

B. Format The County will develop a format for the PAN-TMP and PAN-CI that has an easily understood visual element. A visual "meter" type notice graphic will be developed that will be sent to Contract Cities by automated e-mail and/or appear on the County's web site.

C. Contents 1) The PAN-TMP will provide a snap shot of short-term secure bed population status by the following status groups: Total secure population Medical Inmates Psychiatric Inmates The PAN-TMP will have three levels. Alert Level I/Yellow Greater than or equal to 95 percent operational capacity by category at the daily official count. Alert Level II/Orange The jail population is between 95 percent and 100 percent of operational capacity and has maintained that level for three consecutive days. Alert Level III/Red The jail population exceeds total operational capacity. The PAN-TMP will contain a "notes" section where the County can inform the cities of events that may affect jail population. 2) The PAN-CI will be a count of the number of City Inmates. IV. [reserved] V. Other General Notification or Information Requirements Notice or information will be provided to the other party through the County or cities representative on the JAG as soon as it is available as follows: ISP -County o Transmittal of project budget to the King County Council o Council approval of funding o Project schedule o Bid notice o Notice to proceed o Construction schedule and inmate transfer schedule Status of contracting for secure jail beds in other jurisdictions Cities Signature of Contracts Financing approval o Bid notice o Notice to proceed o Construction schedule o Prisoner transfer schedule Alternatives to Secure Detention Programs County The County will provide to the JAG a description of all alternative programs to secure detention (including program capacity) either directly operated by the County or operated by another entity under contract. Notice of plans to initiate or expand alternatives and notice that plans have been implemented, including program capacity. Copies of program placement criteria and operating protocols, including any agreements with courts. Alternatives to Secure Detention Programs City The City agrees to participate in some form(s) of alternatives to detention program(s). The City shall choose which such programs to participate in, and may operate such programs itself. VI. Additional Process for Addressing Jail Overcrowding in 2013-2015

1. Population alert levels reduced beginning in 2013: Alert Level I/Yellow trigger dropped from 95% to "greater than or equal to 85% operational capacity by category and has maintained that level for fourteen (14) consecutive days." Alert Level II/Orange trigger dropped to "between 92% and 100% of operational capacity and has maintained that level for three consecutive days." 2. Process upon issuance of Yellow or higher level alert for Total Secure Population: a. Within 7 days, each city with a municipal court will meet with its court, police, prosecutor representatives to identify any immediate/near term actions it can and will take to reduce population. b. Within 7 days, County will convene a meeting with superior court, district court, prosecutor, DAJD, and client city representatives to identify any immediate/near term actions it can and will take to reduce population. c. Within 10 days, each Extension City with a municipal court and the County will share with all other Extension Cities their respective lists of action items. d. County may thereafter convene a meeting(s) with all Parties to the contract to discuss results, propose additional steps. Parties agree to consider housing inmates in alternate detention facilities on a short-term basis as one potential option to address overcrowding. If the County determines that due to a population alert it is necessary to temporarily relocate inmates, it may provide notice to the cities and then do so: if City inmates are re-located, the responsible City will be charged during such relocation on the same basis as if the inmate remained in a County facility, unless the Parties reach agreement on an alternate temporary relocation process and charging arrangement. EXHIBIT V

EXHIBIT VI: Land Transfer Agreement (1.3 MB PDF document)

EXHIBIT VII List of Cities Algona Auburn Beaux Arts Bellevue Black Diamond Bothell Burien Carnation Clyde Hill Covington Des Moines Duvall Federal Way Hunts Point Issaquah Kenmore Kirkland Lake Forest Park Maple Valley Medina Mercer Island Milton Newcastle Normandy Park North Bend Pacific Redmond Renton Sammamish Sea Tac Seattle Shoreline Skykomish Snoqualmie Tukwila Woodinville Yarrow Point EXHIBIT VIII DISTRIBUTION OF PROPERTY PROCEEDS Distribution Methodology Approved by the Jail Oversight Assembly on March 26, 2008 Total Proceeds Distributed: $13,000,116.20

EXHIBIT IX 2008 City Average Daily Population (ADP)by Billing Responsibility based on Daily Morning Headcount