Drafter
Clerk 11/26/2013
Title
AN ORDINANCE ratifying the execution of agreements for jail services with the cities of Burien, Enumclaw and Federal Way.
Body
STATEMENT OF FACTS:
1. In 2002, King County entered into an interlocal agreement for jail services with most cities in the county ("the 2002 agreement").
2. In 2010, King County and twenty-four cities ("the extension cities") signed an amendment to the 2002 agreement that both improved cost recovery for the county and extended the term of the 2002 agreement to 2016 ("the 2016 agreement").
3. In the fall of 2010, the county and the cities that signed the 2016 agreement began negotiations on possible improvements to the model for calculating the jail fees and, for any interested cities, other provisions for creating a long-term, durable arrangement for misdemeanant jail services.
4. Working with a group of the extension cities on the jail agreement administration group, two new contracting options were developed to provide a range of choices. One option ("the 2030 agreement") has a term that runs through 2030 and is modeled after the long-term, durable agreement with the city of Seattle approved by the council in Ordinance 17199 on September 26, 2011. To date, no other city has expressed interest in signing the agreement.
5. The second option ("the 2020 agreement") has a term of January 1, 2012, through December 31, 2020. Use of the 2020 agreement with extension cities was approved by the council in Ordinance 17239 on December 16, 2011. The 2020 agreement is currently being utilized by twenty of the twenty-four extension cities.
6. After the 2020 agreement was signed with three cities, Burien, Enumclaw and Federal Way, which are not extension cities, expressed an interest in entering into an interlocal agreement with King County for jail services. Based on the belief that Ordinance 17239 authorized execution of the 2020 agreement with all cities in King County, the executive signed the 2020 agreement with those three cities.
7. The 2020 agreement with Burien has an effective date of January 1, 2013. It was signed by the Burien city manager on February 13, 2013, and the county executive on March 4, 2013. The agreement is attached as Attachment A to this ordinance.
8. The 2020 agreement with Enumclaw has an effective date of June 1, 2012. It was signed by the mayor of Enumclaw and then passed on to the county executive, who signed the agreement on May 17, 2012. The agreement is attached as Attachment B to this ordinance.
9. The 2020 agreement with Federal Way has an effective date of January 1, 2013. It was signed by the mayor of Federal Way on November 30, 2012, and the county executive on December 13, 2012. This agreement is attached as Attachment C to this ordinance.
10. The jail services agreements align with the county's commitment to work with King County jurisdictions to strengthen partnerships, improve services and identify opportunities to be more efficient as detailed in the King County Strategic Plan.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County council, having determined that the 2020 agreements already executed by the executive and the authorized representatives of the cities of Burien, Enumclaw and Federal Way are in the best interest of the public, hereby approves those 2020 agreements provided as Attachments A, B and C to this ordinance and authorizes the executive to take all actions necessary to implement the agreements. All actions up to now taken by county officials, agents and employees consistent with the terms and purposes of these agreements are hereby ratified, confirmed and approved.
SECTION 2. If any provision of this ordinance is declared by any court of competent jurisdiction to be contrary to law, then such provision is null and void and shall be deemed separable from the remaining provisions of this ordinance and in no way
affect the validity of the other provisions of this ordinance or of the three 2020 agreements.