ORDINANCE _________________

AN ORDINANCE authorizing the Mayor to execute an amendment to the interlocal agreement with Yakima County for jail services to clarify the responsibilities of the parties with respect to billing and payment, the annual reconciliation, the daily fee for unused beds, and the medical premium.

WHEREAS, the City of Seattle ("City") and 34 other cities ("Cities") in King County have executed a long-term agreement with Yakima County for the housing of City inmates by Yakima County; and

WHEREAS, the City of Seattle and the Cities in King County have executed an Addendum to the Interlocal Agreement with Yakima County for the housing of City inmates by Yakima County; and

WHEREAS, Yakima County and the Cities desire to amend the Interlocal Agreement and the Addendum to further clarify the responsibilities of the respective parties;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Mayor is authorized to execute, for and behalf of the City of Seattle, an agreement substantially in the form attached hereto with thirty-four other cities in King County entitled "SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE, AND TOWN OF YARROW POINT, WASHINGTON FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY" (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. 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 _________, 2004, and signed by me in open session in authentication of its passage this _____ day of __________, 2004.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2004.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2004.

____________________________________

City Clerk

(Seal)

Attachment A: Second Amendment to the Interlocal Agreement between Yakima County and the Cities

Catherine Cornwall

Ordinance Yakima amendment.doc

November 16, 2004

version # 1

SECOND AMENDMENT TO

INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHNGTON AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE, AND TOWN OF YARROW POINT, WASHINGTON FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY

THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY ("Second Amendment") is entered into and is effective the 31st day of December 2004 by and between the Cities of Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and Town of Yarrow Point, Washington ("Cities"), and Yakima County, Washington ("Yakima County").

Whereas, Yakima County and the Cities above named have entered into an Interlocal Agreement for housing of City inmates by Yakima County on August 27, 2002 (Agreement); and

Whereas Yakima County and the Cities entered into an addendum to the Interlocal Agreement for Housing of Inmates by Yakima County effective October 31, 2002 (Addendum) and

Whereas, the parties desire to amend the Agreement and Addendum to further clarify the responsibilities of the respective parties;

NOW THEREFORE, the Parties agree as follows:

1. Section 3 of the Addendum is amended in its entirety as follows:

DURATION: The term of this Agreement shall commence upon the Effective Date and shall end at 11:59 p.m. on December 31, 2010, subject to earlier termination as provided by Section 4 of the Agreement. Yakima County agrees to extend the Agreement, as amended, for an additional two years if mutually agreeable to Yakima County and the Cities and the Cities notify Yakima County at least 18 months prior to December 31, 2010. Thereafter, this Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to all of the parties.

2. Section 7c of the Agreement is amended in its entirety as follows:

(c) Billing and Payment. Yakima County shall provide each of the Cities with individual monthly statements itemizing the names of each City Inmate who is receiving care from Yakima County, the case or citation number, and the number of days of care, including the date and time booked into the Yakima County jail facilities and the date and time released from the Yakima County jail facilities. Yakima County shall pro-rate the Bed Maintenance Fee and the Medical Premium (hereinafter "Daily Fee") of any City Inmate that has multiple charges among the Cities by dividing the Daily Fee pro-rata among those Cities with such multiple charges. Each City's individual monthly statement shall also include a statement showing the number of bed days used by all other Cities. Yakima County agrees to provide said statement for each month on or about the 10th day of the following month. Payment shall be due to Yakima County within thirty (30) days from the date the statement is received. Payments not received by the 30th day shall bear interest at the rate of 1 % per month until payment is received.

3. A new Section 7d of the Agreement is added as follows:

a. Reconciliation: Effective October 1, 2003, Yakima will bill each city quarterly for unused beds (the difference between the City's minimum daily bed commitment as provided in Attachment A to this Second Addendum and the City's actual Average Daily Population (ADP) for the quarter). The rate for the unused beds will be the Bed Maintenance Fee as provided in Section 6 (a) of this Second Amendment below, except a portion of the unused beds shall be charged at the Reduced Rate Fee. The number of each city's unused beds that will be charged at the Reduced Rate Fee are as provided in Attachment B (Unused Bed Allocation Chart created by the Cities).

b. Yakima County will annually reconcile each City's unused beds (the difference between the City's Minimum Bed Commitment and the City's actual ADP per quarter) on a calendar year basis. Through the annual reconciliation process, Yakima County will provide credits in the fourth quarter bill to each city to the extent that the actual annual ADP paid exceeds the City's Minimum Bed Commitment up to the fee paid by said city per quarter for unused beds. If a City's annual ADP exceeds the annual minimum daily bed commitment ( hereinafter "net overage") Yakima County will allocate the total net overage as a credit on a pro rata basis to those Cities whose annual ADP did not meet their annual minimum daily bed commitment. If a City did not fully use their share of the Reduced Rate Fee beds as specified in Attachment B, those beds will be allocated on a pro rata basis to Cities that did not meet their Minimum Bed Commitment. The Cities will provide Yakima County with the appropriate allocation to each city of credits and division of the annual reconciliation bill for unused beds based on separate agreement among the Cities. Attachment C shows a method for this annual reconciliation. Reconciliation payments, both quarterly and annual will be due 30 days from the date the billing is received. There will be no interest payments charged on any 2003 or 2004 Reconciliation bills issued prior to the effective date of this addendum.

c. 2003 Reconciliation:

The 2003 reconciliation will be based on Section 7 (d) of the Agreement and Section 6 (a) of the Addendum. Under this agreement, Cities will pay $568,391to Yakima for the fourth quarter 2003 reconciliation pursuant to Cities Allocation Agreement. (Attachment C shows the method for the payment by individual cities of the unused beds for the 2003 Reconciliation). There will be no interest payments charged on the 2003 Reconciliation, provided 2003 reconciliation is paid within 30 days of receipt of billing.

Section 6 of the Addendum is hereby amended in its entirety to provide as follows:

a. Daily Fee. In consideration of Yakima County's commitment to provide care for City Inmates, the Cities agree to pay Yakima County fees for the housing and care of each City Inmate, as provided in this Amendment as follows:

Year Bed Medical Reduced Rate Fee Maintenance Premium Fee

2002 $51.00 $5.00

2003 $53.55 $5,25 $27.75

2004 $56.23 $5.51 $27.75

2005 $59.04 $5.79 $28.45

2006 $61.99 $6.08 $29.19

2007 $65.09 $6.38 $29.96

2008 $68.34 $6.70 $30.77

2009 $71.76 $7.04 $31.62

2010 $75.35 $7.39 $32.51

1. Yakima County shall not charge a booking fee or any other fees in connection with the care of City Inmates except as specifically provided in the Interlocal Agreement between Yakima County and Cities, as amended.

2. Effective October 1, 2003, the Cities shall pay the Bed Maintenance Fee set forth in Paragraph 2 above on 340 beds, even if they are unused and for all inmates exceeding the 340 bed Cities Inmate population.

3. Effective October 1, 2003, the Cities shall pay the Reduced Rate Fee in Paragraph 2 above for each unused bed exceeding 340 up to a maximum of the 440 bed commitment. Provided however, that payment for unused beds exceeding 340 shall not be required for any period of time when the total Yakima County jail population (including all contract inmates) exceeds 1,500. At such time, Yakima County shall not charge Cities for unused beds. Yakima County intends to use the Reduced Rate Fees solely for debt service payments and operational costs related to Yakima County Department of Corrections and Security. At the end of each year, Yakima County will provide an annual report which shows the cost of debt service payments and operational costs for Yakima County Department of Corrections and Security exceeds the total Reduced Rate Fees collected.

4. Medical Premium:

A. Yakima County shall pay for all medical, dental and psychiatric (including therapeutic) costs as authorized in this Addendum of the City's Inmates in exchange for the above listed Medical Premium.

B. Effective October 1, 2003, Cities will pay the Medical Premium per City Inmate only on used beds. The Medical Premium shall not be paid on unused beds.

C. Yakima County shall be permitted to use the Medical Premiums for psychiatric services including in-custody therapeutic services which 1) are court ordered, or 2) a) meet a Diagnostic Statistical Manual IV Diagnosis, and b) are deemed medically necessary by a Mental Health Professional and c) for which the inmate agrees to treatment. Medical Premiums shall not be used for psychiatric services which do not meet the conditions above except where such services are approved by the City in writing prior to the service being rendered.

D. Yakima County shall provide monthly reports with its billing statement describing its medical, psychiatric, and dental account balance(s) and payments made from each such account, including provider name, inmate name, name of City being charged for such inmate, dollar amount paid, and description of medical, psychiatric or dental service provided. Yakima County will provide detailed information regarding the description and total cost of therapeutic services and the approximate proportionate share of use of the services consumed by Cities inmates. In-custody therapeutic costs for Cities will be calculated by applying the percentage of the Cities' inmates proportionate share of use of the services provided by Yakima County's behavioral health service provider, which is currently Central Washington Comprehensive Mental Health, to the actual cost of the total contract for Yakima County's behavioral health service provider.

E. Each quarter Yakima County shall send to the Cities an accounting of the Medical Premium Fund.

F. In the event Yakima County's actual authorized medical, psychiatric, and dental costs for a quarter exceed the funds available in the Medical Premium fund at the close of the quarter, the Cities agree to compensate Yakima County for all said costs exceeding the funds available at the end of the quarter within 30 days following receipt of said medical billing.

G. Upon the effective date of this Second Amendment, Yakima County shall have and shall maintain a Pharmacy Agreement or in-house pharmacy.

H. An ongoing review process will be established between Yakima County and the Cities to address concerns about accountability for costs and services.

BOARD OF YAKIMA COUNTY ATTEST: COMMISSIONERS

By: Carla Ward, Clerk of the Board of Ronald F. Gamache, Chairman Yakima County Commissioners

By: Approved as to Form: James M. Lewis, Commissioner

By: Ronald S. Zirkle Jesse S. Palacios, Commissioner Yakima County Prosecuting Attorney

CITY OF ALGONA, WA Approved as to Form:

By: Glenn Wilson, Mayor George Kelley, Algona City Attorney Estimated ADP:

CITY OF AUBURN, WA Approved as to Form:

By: Pete Lewis, Mayor Daniel B. Heid, Auburn City Attorney Estimated ADP:

TOWN OF BEAUX ARTS VILLAGE, WA Approved as to Form:

By: Charles R. Lowry, Mayor Wayne Stewart, Town Attorney Estimated ADP:

CITY OF BELLEVUE, WA Approved as to Form:

By: Steve Sarkozy, City Manager Lori Riordan, Acting City Attorney Estimated ADP:

CITY OF BLACK DIAMOND, WA Approved as to Form:

By: Howard Botts, Mayor Loren D. Combs, City Attorney Estimated ADP:

CITY OF BOTHELL, WA Approved as to Form:

By: Jim Thompson, City Manager Michael E. Weight, Bothell City Estimated ADP: Attorney

CITY OF BURIEN, WA Approved as to Form:

By: Gary P. Long, City Manager Lisa Marshall, Burien City Attorney Estimated ADP:

CITY OF CARNATION, WA Approved as to Form:

By: Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Estimated ADP: Attorney

CITY OF CLYDE HILL, WA Approved as to Form:

By: George S. Martin, Mayor Clyde Hill City Attorney Estimated ADP:

CITY OF COVINGTON, WA Approved as to Form:

By: Andy Dempsey, City Manager Duncan C. Wilson, Covington City Estimated ADP: Attorney

CITY OF DES MOINES, WA Approved as to Form:

By City Manager Des Moines City Attorney Estimated ADP:

CITY OF DUVALL, WA Approved as to Form:

By: Becky Nixon, Mayor John L. O'Brien, Duvall City Attorney Estimated ADP:

CITY OF FEDERAL WAY, WA Approved as to Form:

By: David H. Moseley, City Manager Federal Way City Attorney Estimated ADP:

CITY OF ISSAQUAH, WA Approved as to Form:

By: Ava Frisinger, Mayor Wayne D. Tanaka, Issaquah City Attorney Estimated ADP:

CITY OF KENMORE, WA Approved as to Form:

By: Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Estimated ADP: Attorney

CITY OF KIRKLAND, WA Approved as to Form:

By: David Ramsay, City Manager Gail Gorud, Kirkland City Attorney Estimated ADP:

CITY OF LAKE FOREST PARK, WA Approved as to Form:

By: David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park Estimated ADP: City Attorney

CITY OF MAPLE VALLEY, WA Approved as to Form:

By: John F. Starbard, City Manager Maple Valley City Attorney Estimated ADP:

CITY OF MEDINA Approved as to Form:

By: Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney Estimated ADP:

CITY OF MERCER ISLAND, WA Approved as to Form: By: Richard M. Conrad, City Manager Estimated ADP: Londi K. Lindell, Mercer Island City Attorney

CITY OF NEWCASTLE, WA Approved as to Form:

Andrew J. Takata, City Manager Newcastle City Attorney Estimated ADP:

CITY OF NORMANDY PARK, WA Approved as to Form:

By: Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park Estimated ADP: City Attorney

CITY OF NORTH BEND, WA Approved as to Form:

By: Joan Simpson, Mayor Michael R. Kenyon, North Bend City Estimated ADP: Attorney

CITY OF PACIFIC, WA Approved as to Form:

By: Howard Erickson, Mayor Bruce Disend, Pacific City Attorney Estimated ADP:

CITY OF REDMOND, WA Approved as to Form:

Rosemarie Ives, Mayor Redmond City Attorney Estimated ADP:

CITY OF RENTON, WA Approved as to Form:

By: Jesse Tanner, Mayor Lawrence J. Warren, Renton City Estimated ADP: Attorney

CITY OF SAMMAMISH, WA Approved as to Form:

By Ben Yazici, City Manager Bruce Disend, Sammamish City Attorney Estimated ADP:

CITY OF SEATAC, WA Approved as to Form:

By: _____________, City Manager Robert L. McAdams, SeaTac City Attorney Estimated ADP:

CITY OF SEATTLE, WA Approved as to Form:

By: Gregory J. Nickels, Mayor Thomas A. Carr, Seattle City Attorney Estimated ADP:

CITY OF SHORELINE, WA Approved as to Form:

By: Steven Burkett, City Manager Ian Sievers, Shoreline City Attorney Estimated ADP:

CITY OF SKYKOMISH, WA Approved as to Form:

By: Skip Mackner, Mayor Skykomish City Attorney Estimated ADP:

CITY OF SNOQUALMIE, WA Approved as to Form:

By: Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney Estimated ADP:

CITY OF TUKWILA, WA Approved as to Form:

By: Steve Mullet, Mayor Robert F. Noe, City Attorney Estimated ADP:

CITY OF WOODINVILLE, WA Approved as to Form:

By: Pete Rose, City Manager Wayne D. Tanaka, Woodinville City Estimated ADP: Attorney

TOWN OF YARROW POINT Approved as to Form:

By: Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Estimated ADP: Attorney

STATE OF WASHINGTON )

) ss.

COUNTY OF ____________ )

On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, ____________________________, to me known to be the City Manager/Mayor of the City/Town of __________________________, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument.

Given under my hand and official seal this _____ day of _______________, 2002.

(notary signature)

(typed/printed name of notary)

Notary Public in and for the State of Washington

My commission expires:

Interlocal to be filed with the Yakima County Auditor

Attachment A

Minimum Daily Bed Commitment by City

Yakima

City

Commitment

Algona

3.0

Auburn

88.5

Bellevue

27.0

Bothell

2.0

Burien

4.0

Covington

2.4

Des Moines

17.0

Duvall

1.0

Federal Way

29.0

Issaquah

2.0

Kenmore

3.0

Kirkland

12.5

Lake Forest Park

2.5

Medina

0.7

Mercer Island

4.0

Normandy Park

0.4

North Bend

2.0

Redmond

20.0

Renton

27.0

Sammamish

1.5

SeaTac

4.1

Seattle

155.0

Shoreline

18.0

Snoqualmie

1.0

Tukwila

11.0

Woodinville

1.5

Total

440.1

Attachment B

Initial Allocation of 100 Reduced Rate Beds

Initial

Yakima

%

100 Bed

Agencies

Commitment

Share

Distribution

Algona

3.0

0.7%

0.7

Auburn

88.5

20.1%

20.1

Bellevue

27.0

6.1%

6.1

Bothell

2.0

0.5%

0.5

Burien

4.0

0.9%

0.9

Covington

2.4

0.5%

0.5

Des Moines

17.0

3.9%

3.9

Duvall

1.0

0.2%

0.2

Federal Way

29.0

6.6%

6.6

Issaquah

2.0

0.5%

0.5

Kenmore

3.0

0.7%

0.7

Kirkland

12.5

2.8%

2.8

Lake Forest Park

2.5

0.6%

0.6

Medina

0.7

0.2%

0.2

Mercer Island

4.0

0.9%

0.9

Newcastle

0.0

0.0%

0.0

Normandy Park

0.4

0.1%

0.1

North Bend

2.0

0.5%

0.5

Redmond

20.0

4.5%

4.5

Renton

27.0

6.1%

6.1

Sammamish

1.5

0.3%

0.3

SeaTac

4.1

0.9%

0.9

Seattle

155.0

35.2%

35.2

Shoreline

18.0

4.1%

4.1

Snoqualmie

1.0

0.2%

0.2

Tukwila

11.0

2.5%

2.5

Woodinville

1.5

0.3%

0.3

Total

440.1

100.0%

100.0

Note: as part of the annual reconciliation, reduced rate beds initially allocated to cities that only need part or none of their share will be reallocated to the remaining cities.

Attachment C

2003 Reconciliation and Payment of Unused Beds and Method for Annual Allocation and Reconciliation of Unused Beds

ATTACHMENT 1

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L:\LEGIS\PSAFETY\BILLS\115135a.doc