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Interlocal Agreement Between King County and the Port of Seattle for Jail Services THIS AGREEMENT is dated effective as of the 1st day of January 2013. The Parties to this Agreement are King County, a Washington municipal corporation and legal subdivision of the State of Washington (the "County") and the Port of Seattle, a Washington municipal corporation (the "Port"). WHEREAS, this Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34); NOW THEREFORE, in consideration of the promises, payments, covenants and agreements contained in this Agreement, the parties agree as follows: 1. Definitions: Unless the context clearly shows a nother usage is intended, the following terms shall have these meanings in this Agreement: 1.1 "Agreement" means this Interlocal Agreement by and between King County and the Port for Jail Services and any amendments to this Agreement. 1.2 "Booking" means registering, screening and examining persons for confinement in the Jail or assignment to Work and Education Release (WER); inventorying and safekeeping personal property of such persons; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing a person for confinement in Jail or assignment to WER. 1.3 "Booking Fee" means the fee incurred for booking Port Inmates, as further described in Section 4 and Exhibit III, Section 2. 1.4 "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except holidays and County-designated furlough days. 1.5 "Port Detainee" means a person booked into or housed in a Secure Detention facility such as the Jail but also including any other Secure Detention facility not operated by or on behalf of the County, which individual would, if housed in the Jail, qualify as a Port Inmate. 1.6 "Port Inmate" means a person booked into or housed in the Jail when a Port charge is the principal basis for booking or confining that person. A. A Port charge is the principal basis for booking or confining a person where one or more of the following applies, whether pre-trial or post-trial. (See Exhibit I for further billable charge rules.): 1.6.1 The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross misdemeanor offense within the Port's jurisdiction. 1.6.2 The person is booked or confined by reason of subsection 1.6.1 abovein combination with charges, investigation of charges, and/or warrants of other governments, and the booking or confinement by reason of subsection 1.6.1 above is determined to be the most serious charge in accordance with Exhibit I. 1.6.3 The person has been booked or confined for reasons other than subsections 1.6.1 through 1.6.2 and would be released or transferred but for the Port having requested that the County continue to confine the person. 2012-2020 Interlocal Agreement: Jail Services ________________________________________ B. A Port charge is not the principal basis for confining a person where: 1.6.4 The person is booked or confined exclusively or in combination with other charges by reason of a felony charge or felony investigation. 1.6.5 The person is confined exclusively or in combination with other charges by reason of a felony charge or felony investigation that has been reduced to a State misdemeanor or gross misdemeanor. 1.6.6 The Port has requested the transfer of the person to another jail facility not operated by King County and the County denies the request, unless one or more of the transfer exception criteria listed in Attachment I-2 are met, in which case the person remains a Port Inmate. The billing status of the person will change to no longer be the Port's responsibility effective the calendar day following the day that the County denies the transfer request. If the County thereafter determines that it no longer needs to detain the person and the person would as a result become a Port Inmate, then the County will provide notice to the Port that it will become billable for the Inmate. For details on notice and billing, see Attachment I-2. 1.6.7 The person is booked or confined by reason of committing a misdemeanor or gross misdemeanor offense, within the Port's jurisdiction and the case is filed by the County prosecutor as a misdemeanor in the mental health court (or successor) for so long as the operations of such court are substantially funded by special regional funds (for example, Mental Illness and Drug Dependency sales tax levy) or other regional funding as the County may determine. The County shall provide the Port thirty (30) days Notification before changing the status of a regionally-funded mental health court to local funding status. The Port is not billable for cases filed by the County prosecutor into mental health court prior to changing to local funding status. 1.7 "Port WER Participant" means a person ordered to WER by the court with jurisdiction on the case. 1.8 "Community Corrections Programs" means programs designed as alternatives to, or as rehabilitative or treatment in lieu of, Secure Detention, operated by or on behalf of the King County Department of Adult and Juvenile Detention (DAJD) Community Corrections Division, or its successor. Upon the date of the execution of this Agreement, Community Corrections Programs include WER, Electronic Home Detention, Community Work Program and Community Center for Alternative Programs (CCAP). 1.9 "Continuity of Care Records" means an Inmate's diagnosis, list of current medications, treatments, PPD (tuberculosis screening test) results and scheduled appointments or follow-ups. 1.10 "County Inmate" means any Inmate that is not a Port Inmate. 2 2012-2020 Interlocal Agreement: Jail Services ________________________________________ 1.11 "DAJD" means the King County Department of Adult and Juvenile Detention or its successor agency. 1.12 "Fees and Charges" are the Fees and Charges imposed as described in Section 4 and Exhibit III. 1.13 "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. 1.14 "Inmate" means a person booked into or housed in the Jail. 1.15 The first "Inmate Day" means confinement for more than six (6) hours measured from the time such Inmate or Port WER Participant is first presented to and accepted by the Jail for housing in the Jail or WER until the person is released, provided that an arrival on or after six (6) o'clock p.m. and continuing into the succeeding day shall be considered one day. The second and each subsequent Inmate Day means confinement for any portion of a calendar day after the first Inmate Day. For persons confined to the Jail for the purpose of mandatory Driving Under the Influence (DUI) sentences, "Inmate Day" means confinement in accordance with Exhibit II. 1.16 "Jail" means a place owned or operated by or under contract to the County primarily designed, staffed, and used for the housing, in full confinement, of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders charged or convicted of a criminal offense; for confinement during a criminal investigation or for civil detention to enforce a court order, all where such place is structured and operated to ensure such individuals remain on the premises 24-hours a day (excluding time for court appearances, court approved off-premises trips, or medical treatment). Upon the date of the execution of the Agreement, Jail includes the King County Correctional Facility and the detention facility at the Maleng Regional Justice Center. 1.17 "Maintenance Charge" is the daily housing charge incurred for Port Inmates housed in Jail as further described in Section 4 and Exhibit III, Section 1.a. 1.18 "Medical Inmate" means an Inmate clinically determined by the Seattle-King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's infirmary. If an Inmate is moved to the general population then the Inmate is no longer considered a Medical Inmate. 1.19 "Notification" means provision of written alert, confirmation of information or request meeting the requirements of Section 13.10. In contrast, a "notice" means providing alert or confirmation of information or request in writing to the individuals identified in Section 13.10, or their designee (as may be specified through a formal Notification) through means less formal than required by Section 13.10 including but not limited to electronic mail or facsimile. 3 2012-2020 Interlocal Agreement: Jail Services ________________________________________ 1.20 "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. 1.21 "Offsite Medical Care Charges" means those pass through charges for treatment of a Port Inmate where that Inmate is clinically determined by the Seattle-King County Department of Public Health, or its successor charged with the same duties, as needing a level of services provided from offsite medical institutions, as further defined in Exhibit III Section 4 and Attachment III-2. An Inmate may receive Offsite Medical Care that triggers an Offsite Medical Care Charge without being otherwise classified as a Medical Inmate or Psychiatric Inmate (e.g., some Inmates held in the general population receive offsite medical care that will result in Offsite Medical Care Charges being incurred). 1.22 "Psychiatric Inmate" means either an Acute Psychiatric Inmate or a Non-Acute Psychiatric Inmate, as defined below. 1.22.1 A "Non-Acute Psychiatric Inmate" is an Inmate clinically determined by the Seattle-King County Department of Public Health, or its successor charged with 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. 1.22.2 An "Acute Psychiatric Inmate" is an inmate clinically determined by the Seattle- King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's acute psychiatric housing units (as further described in Exhibit III, Attachment 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. 1.23 "Parties" mean the Port and County, as parties to this Agreement. 1.24 "Surcharge" means any of the following special charges, defined in Exhibit III, Section 3 and further described in Attachment III-2: Infirmary Care Surcharge; Non -Acute Psychiatric Care Surcharge; Acute Psychiatric Care Surcharge; and 1:1 Guarding Surcharge. 1.25 "WER" means the County's Work and Education Release Program, operated by the Community Corrections Division of DAJD, or its successor. 1.26 "WER Charge" is the daily housing charge incurred for Port WER Participants as further described in Section 4 and Exhibit III, Subsection 1.b. 2. Term. This Agreement shall commence on January 1, 201 3, and shall extend through December 31, 2020. This Agreement shall supersede all previous contracts and agreements between the Parties relating to the Jail, WER, and any other jail services, except that any obligations contained 4 2012-2020 Interlocal Agreement: Jail Services ________________________________________ in these previous contracts or agreements which expressly survived termination or expiration of these previous contracts or agreements shall remain in effect. 3. Jail and Health Services. The County shall accept Port Inmates for confinement in the Jail and Port WER Participants for assignment to WER, except as provided in Section 5.4 of this Agreement. The County shall also furnish the Port with Jail facilities, booking, transportation among facilities, as determined necessary in the County's sole discretion, including the various Jail facilities, Harborview Medical Center and Western State Hospital, and custodial services, and personnel for the confinement of Port Inmates at least equal to those the County provides for confinement of County Inmates. However, the County reserves the right to operate specific programs and/or facilities exclusively for County Inmates or persons sentenced or assigned to Community Corrections Programs. The County shall furnish to Port Inmates in Secure Detention all Jail medical, dental and other health care services required to be provided pursuant to federal or state law. Also, the County shall make every reasonable effort to release a Port Inmate or Port WER Participant as expeditiously as possible after the County has received notice of a court order to release. Nothing in this section shall be deemed to limit the County's right to refuse to accept Port Detainees for confinement in Jail or sentencing to WER when they are deemed by the County to be in need of urgent medical care. 4. Port Compensation. The Port will pay the County a Booking Fee, Maintenance Charge, WER Charge, Surcharges and Offsite Medical Charges as follows (together with such other charges as may be applicable in accordance with this Agreement): 4.1 Booking Fee. The Booking Fee shall be assessed for the booking of Port Inmates by or on behalf of the Port into Secure Detention in the Jail, and for the booking of Port WER Participants directly reporting to WER, as further described in Exhibit III, Section 2. The Booking Fee will be annually adjusted effective each January 1st. 4.2 Maintenance Charge. The Maintenance Charge shall be assessed for a Port Inmate for each Inmate Day as provided in Exhibit III, Subsection 1.a. The Maintenance Charge will be annually adjusted effective each January 1st. 4.2.1 The County will maintain its program to provide notice to the Port after booking a Port Inmate in order to give notice that the Port Inmate has been booked and to provide the opportunity for release to the Port if the Port so desires. Such action will take place as soon as reasonably possible but no later than the next business day after booking. A Port Inmate released within six hours of booking will result in no Maintenance Charges. 4.2.2 The County will maintain its program to provide notice to the Port of the billing status of its Inmates for the prior calendar day in cases where confinement is the result of multiple warrants or sentences from two or more jurisdictions. As of the date of this Agreement, this notice is provided to the Port once each business day when applicable. The intent of this program is to allow the Port to take custody of a Port Inmate if it so desires after the other jurisdictional warrants are resolved and thereby prevent unnecessary Maintenance Charges. 5 2012-2020 Interlocal Agreement: Jail Services ________________________________________ 4.2.3 The Parties may amend the notice requirements of Sections 4.2.1 and 4.2.2 by administrative agreement signed by both the Chief Executive Officer of the Port of Seattle and the King County Executive. 4.3 WER Charge. The WER Charge shall be assessed for a Port WER Participant for each Inmate Day as provided in Exhibit III, Subsection 1.b. The WER charge will be annually adjusted effective each January 1st. 4.3.1 Access to and Charges for Port Inmate Use of Community Corrections Programs. The Parties agree to discuss in good faith the ability for the Port to access Community Corrections Programs in addition to WER, and to negotiate charges for such access. Any agreement between the Parties with respect to access and charges for Community Corrections Programs in addition to WER shall be enacted through an amendment to this Agreement. 4.4 Surcharges and Offsite Medical Charges. In addition to the Booking Fee, Maintenance Charge, WER Charge, and any other charges agreed to per Section 4.3.1, the Port will be charged for Offsite Medical Charges and Surcharges as detailed in Exhibit III, Section 3 and 4. 4.4.1 Proposed Notice of Certain Surcharges. The County intends to provide or make available to the Port timely notice of occurrences when a Port Inmate is admitted to Harborview Medical Center or other offsite medical institution, or is receiving infirmary care or psychiatric care that will subject a Port to Surcharges. Notice provided or made available will be based on information known to DAJD at the time (since billing status of an Inmate may be changed retroactively based on new information or other factors). The County intends to provide or make available this notice within 2 business days following the day in which the chargeable event occurs and will make good faith efforts to provide notice sooner if practicable. The County will make good faith efforts to try to institute a means to provide notice to the Port within 24 hours of the admittance of a Port Inmate to Harborview Medical Center or other offsite medical institution. The County's failure to provide or make available notice or develop quicker means to provide notice to the Port as detailed above shall not excuse the Port from financial responsibility for related Offsite Medical Charges or Surcharges, and shall not be a basis for imposing financial responsibility for related Offsite Medical Charges or Surcharges on the County. 5. Billing and Billing Dispute Resolution Procedures. 5.1 The County shall transmit billings to the Port monthly. Within forty-five (45) days after receipt, the Port shall pay the full amount billed or withhold a portion thereof and provide the County written notice meeting the requirements of Section 5.2.1 specifying the total amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). Notwithstanding the foregoing, the County shall bill the Port for Offsite Medical Charges as such charges are periodically received by the County from third party medical institutions or other offsite medical providers. Offsite Medical Charges shall be due within such time and subject to 6 2012-2020 Interlocal Agreement: Jail Services ________________________________________ such withholding and dispute resolution procedures as otherwise provided in this Section 5. 5.2 Withholding of any amount billed or alleging a violation related to billing provisions of this Agreement shall constitute a dispute, which shall be resolved as follows: 5.2.1 The County shall respond in writing to billing disputes within 60-days of receipt of such disputes by the DAJD billing offices. To ensure the soonest start to the 60-day timeline, the Port should send billing disputes directly to the DAJD billing office by fax or U.S. mail, rather than to any other County office or officer. The DAJD billing office address as of the date of this Amendment is: KC DAJD Attn: Finance Inmate Billing 500 5th Avenue Seattle, WA 98104 FAX Number: 206-296-0570 5.2.2 Thereafter, the County and the Port shall attempt to resolve the dispute by negotiation. 5.3 Any amount withheld from a billing, which is determined to be owed to the County pursuant to the dispute resolution procedure described herein, shall be paid by the Port within thirty (30) days of the date of the negotiated resolution or appeal determination. 5.4 If the Port fails to pay a billing within 45-days of receipt, the County will provide the Port with a notice of its failure to pay and the Port shall have ten (10) days from receipt of such notice to cure non-payment. Any undisputed billing amount not paid by the Port 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 Port, shall be binding on the Parties and shall not be subject to legal question either directly or collaterally. In the event the Port fails to cure its nonpayment, the Port shall be deemed to have voluntarily waived its right to house Port Inmates in the Jail or be assigned to WER and, at the County's request, will remove Port Inmates already housed in the Jail or assigned to WER within thirty (30) days. Thereafter, the County, at its sole discretion, may accept no further Port Inmates or Port WER Participants until all outstanding bills are paid. This provision shall not limit the Port's ability to challenge or dispute any billings that have been paid by the Port. 5.5 The County may charge an interest rate equal to the interest rate on the monthly County investment earnings on any undisputed billing amount not paid by the Port within fortyfive (45) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure. 5.6 Each Party may examine the other's books and records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. Disputes on matters related to this Agreement which are revealed by an audit shall be resolved pursuant to Section 5.2. 7 2012-2020 Interlocal Agreement: Jail Services ________________________________________ 6. Indemnification. 6.1 The County shall indemnify and hold harmless the Port 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 Port, the County shall defend the same at its sole cost and expense; provided, that, the Port 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 Port and its officers, agents, and employees, or any of them, or jointly against the Port and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 6.2 The Port 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 Port, 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 Port 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 Port and their respective officers, agents, and employees, or any of them, the Port 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 Port from any liability or responsibility, which arises in whole or in part from the existence or effect of Port 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 Port ordinance, rule or regulation is at issue, the Port shall defend the same at its sole expense and if judgment is entered or damages are awarded against the Port, the County, or both, the Port shall satisfy the same, including all chargeable costs and attorney's fees. 8.4 The terms of this Section 8 "Indemnification" shall survive the termination or expiration of this Agreement. 7. Termination. Either Party may initiate a process to terminate this Agreement as follows: 12.1 Ten-Day Notification of Intent to Terminate. Any Party wishing to terminate this Agreement shall issue a written Notification of intent to terminate, not less than ten (10) days prior to issuing a ninety (90) day termination Notification under Section 12.2 of this 8 2012-2020 Interlocal Agreement: Jail Services ________________________________________ Agreement. Upon receipt of the written Notification of intent to terminate, the parties will meet to confer on whether there are steps that the non-terminating party can take in order to avoid a ninety (90) day termination Notification notice under Section 12.2 of this Agreement. 12.2 Ninety-Day Termination Notification. After the ten (10) day period has run under Section 12.1 of this Agreement, the party desiring to terminate this Agreement may provide the other party ninety (90) days written termination Notification. 13. General Provisions. 13.1 Other Facilities. This Agreement reserves in each party the power to establish a temporary holding facility during a riot, civil disobedience or natural disaster, to establish group homes or other care or rehabilitation facilities in furtherance of a social service program, to temporarily transfer Inmates to alternative detention facilities in order to respond to Jail overcrowding, and to comply with a final order of a federal court or a state court of record for the care and treatment of Inmates. 13.2 Grants. Both Parties shall cooperate and assist each other toward procuring grants or financial assistance from the United States, the State of Washington, and private benefactors for the Jail, the care and rehabilitation of Inmates, and the reduction of costs of operating and maintaining Jail facilities. 13.3 Severability. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 13.4 Remedies. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after Notification of a deficiency in performance constitute an acquiescence thereto. The Parties are entitled to all remedies in law or equity. 13.5 Exhibits. This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth: Exhibit I Method of Determining Billable Charge and Agency Exhibit II Exception to Billing Procedure Exhibit III Calculation of Fees, Charges and Surcharges 13.6 Not Binding on Future Agreements. This Agreement does not bind the Parties as to the terms, fees, or rate formulas to be included in any future jail services agreements. 13.7 Entire Agreement. This Agreement, including all exhibits an d attachments hereto, represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9 2012-2020 Interlocal Agreement: Jail Services ________________________________________ 13.8 Modifications. The provisions of this Agreement may only be modified and amended with the mutual written consent of the King County Executive and the Chief Executive Officer of the Port and the approval of their respective legislative bodies, excepting that certain modifications to the fee re-sets and the notice requirements in Sections 4.2.2, 4.2.3 and Attachment I-2 may be approved administratively by signature of both the Chief Executive Officer of the Port and King County Executive as specified herein. 13.9 Force Majeure. In the event either party's performance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 13.10 Notifications. Except as otherwise provided in this Agreement, any Notification required to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested or by personal service to the following person: For the Port: _________________________ _________________________ _________________________ Or his/her successor, as may be designated by written Notification from the Port to the County. For the County: Chief of Administration Dept. of Adult and Juvenile Detention 500 Fifth Avenue Seattle, WA 98104 Or his successor, as may be designated by written Notification from the County to the Port. As defined in Section 1.22, written notices delivered to the individuals identified above, or their designee (as may be specified through a formal Notification) through alternate means including but not limited to electronic mail are intended to meet the requirements of this Agreement when the term "notice" rather than "Notification" is used. 13.11 Council Approval. The Parties' obligations under this Agreement are subject to official Port Commission and County Council approval. 13.12. Filing. As provided by RCW 39.34.040, this Agreement shall be filed with the King County Department of Records and Elections. 13.13. Assignment/Subcontracting. The Port may not assign or subcontract any portion of this Agreement or transfer or assign any claim arising pursuant to this Agreement. 10 2012-2020 Interlocal Agreement: Jail Services ________________________________________ 13.14. No-Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement. No person or entity other than a party to this Agreement shall have any rights hereunder or any authority to enforce its provisions, and any such rights or enforcement must be consistent with and subject to the terms of this Agreement. 13.15. Termination of 2002 Agreement. The Parties by execution of this Agreement terminate the 2002 Agreement effective as of 12:00 A.M. January 1, 2013, to coincide with the effective date of this Agreement. 13.16 Execution in Counterparts. This Agreement and any amendments thereto, shall be executed on behalf of each party by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. The Agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. King County Port of Seattle ________________________________________ _______________________________________ King County Executive ________________________________________ _______________________________________ Date Date Approved as to Form: Approved as to Form: ________________________________________ ________________________________________ King County Assistant City Attorney Deputy Prosecuting Attorney _______________________________________ _______________________________________ Date Date 11 2012-2020 Interlocal Agreement: Jail Services ________________________________________ EXHIBIT I Method of Determining Billable Charge and Agency Process Overview The application of all billing rules in conjunction with Section 1.6 of this Agreement comprises the method for determining the principal basis for booking or confining a person. The County's billing system examines all open and active charges and holds for each calendar day and applies the Billing Priority Rules and Tie Breaker Rules as set forth below. Then the charge billable agency is determined from the billable charge(s) or hold(s) and the application of exception rules, for example, the special DUI sentencing rule or the special six hour rule. Billing Priority Rules The Billing Priority Group is determined in the following order: 1. Local felony charge(s) A local felony charge is filed by the King County Prosecuting Attorney into a King County court. 2. Investigation holds from King County An investigation hold is one that has been referred agencies or pursuant to a contract to the King County Prosecutor and includes King County investigation holds. 3. Department of Corrections (DOC) Felony and misdemeanor charges adjudicated by charge(s) pursuant to contract with DOC hearing examiner. Cases heard by a local DOC court are considered local misdemeanors even if DOC is the originating agency. 4. Local misdemeanor charge(s) and city Includes King County misdemeanors. court appearance orders 5. Other holds (contract and non-contract) Tie Breaker Rules Tie breaker rules are applied in the following order to the Local Misdemeanor Priority Group (Number 4 under Billing Priority Rules) when there are charges with multiple charge billable agencies. The first rule that applies determines the billable charge(s). The charge billable agency for the selected charge(s) is the billable agency. This rule selects the charge(s) with an active sentenced charge or, 1. Longest or only sentenced if there is more than one active sentenced charge, the rule selects charge rule the charge with the longest imposed sentence length. 2. Earliest sentence rule This rule selects the charge(s) with the earliest sentence start date. 3. Lowest sentence charge This rule selects the sentenced charge(s) with the lowest charge number rule number as given on the Subject-in-Process (SIP) booking system. This rule selects the charge(s) or hold(s) with a charge billable 4. Arresting agency rule agency that matches the arresting agency for the booking. This rule selects the agency with the highest total bail summed 5. Accumulated bail rule for all of the charge(s) and hold(s) for which the agency is the charge billable agency. 6. Lowest charge number This rule selects the charge or hold with the lowest charge rule number as given on the Subject-in-Process (SIP) booking system. 12 2012-2020 Interlocal Agreement: Jail Services ________________________________________ Attachment I-1: Port and County Jail Charges Clarification This document contains several examples consistent with Section 1.6 of this Agreement. # Situation Jail Costs associated with these cases are: 1 Inmate booked by the Port on a felony investigation, County responsibility whose case is filed by the Prosecutor initially as a felony in Superior Court but subsequently amended to a misdemeanor charge (for evidentiary reasons, or entry into mental health court, or for other reasons) 2 Inmate booked by the Port on a felony investigation and County responsibility (including the whose case is initially filed by the Prosecutor as a felony expedited cases to be filed under the in District Court as part of a plea bargain effort (so new Prosecutor Filing Standards). called "expedited cases") 3 Inmate booked by the Port on a felony investigation County responsibility whose case is initially filed by the County Prosecutor as a misdemeanor in district court (i.e., mental health, domestic violence or in regular district court) 4 Misdemeanor or felony cases originated by state County responsibility agencies ( i.e., WSP ) 5 Inmates booked by the Port on a juvenile charge who are County responsibility held in adult detention or become adults during the pendency of their charge or sentence. 13 2012-2020 Interlocal Agreement: Jail Services ________________________________________ Attachment I-2 Inmate Transfers: Transfer Request Exemption Criteria, Notice and Billing (Relating to Section 1.6.9) A. In the event of one or more of the following transfer exception criteria are met, a transfer may be denied by the County, in which case the person for whom the Port has sought a transfer remains a Port Inmate: (1) Inmate has medical/health conditions/ treatments preventing transfer. (2) Transfer location refuses Inmate. (3) Inmate refuses to be transported and poses a security risk. (4) Inmate misses transport due to being at court or other location. (5) Port refuses to sign transfer paperwork requiring the Port to arrange transportation for Inmate back to King County, if needed, when Port sentence ends. B. If the County has refused a transfer request and thereafter determines that it no longer needs to detain the person and the person would as a result become a Port Inmate, then the County will provide notice to the Port that it will become billable for the Inmate. The Port will not incur a Maintenance Charge on the day of notice. If the Port transfers the Inmate during the six calendar days immediately following the day of notice, it will not incur a Maintenance Charge for the first calendar day following notice, but will incur a Maintenance Charge for each subsequent calendar day until the Inmate is transferred. If the Port does not transfer the Inmate from the Jail during this six day period, the Port is billable beginning the calendar day following the day of notice from the County. C. The terms of this Attachment I-2 may be amended by administrative agreement evidenced by execution in writing by the Chief Executive Officer of the Port and King County Executive. 14 2012-2020 Interlocal Agreement: Jail Services ________________________________________ EXHIBIT II Exception to Billing Procedure For persons serving the one and two day commitments pursuant to the mandatory DUI sentence grid who report directly from the community to the Jail for incarceration, Inmate day shall not be defined according to Section 1.15 of the Agreement. Instead, Inmate day shall be defined as a twenty-four hour period beginning at the time of booking. Any portion of a twenty -four hour period shall be counted as a full Inmate day. The number of days billed for each sentence shall not exceed the sentence lengths specified on the court commitment. Two examples are provided for illustration: Two-day sentence served on consecutive days: John Doe Booked 7/1/90 0700 Released 7/3/90 0700 Number of Inmate days = 2 Two-day sentence served on non-consecutive days: John Doe Booked 7/1/90 0700 Temporary Release 7/2/90 0700 Return to Jail 7/8/90 0700 Released 7/9/90 0700 Number of Inmate days = 2 The Department of Adult and Juvenile Detention will apply this definition of Inmate day to the Port's direct DUI one and two-day Inmates by adjusting the Port's monthly bill before it is sent to the Port. If the changes are not made for some reason, the Port will notify the Department of Adult and Juvenile Detention, which will make the necessary adjustments. 15 2012-2020 Interlocal Agreement: Jail Services ________________________________________ EXHIBIT III Calculation of Fees, Charges and Surcharges The Port shall pay the fees, charges, surcharges and Offsite Medical Charges with such annual adjustments for inflation and other re-sets as described below. The following fees, charges surcharges were developed and agreed upon, during the negotiations with the cities in 2011 for city contracts which started January, 2012, and are the basis for the years 2013, 2014, 2015 and 2016 by applying the inflators to 2012 fees and charges per Subsection 5.a. Years 2017, 2018, 2019 and 2020 will be determined by allocating the 2016 Budgeted Costs per the cost model in Attachment III-1 and applying the inflators per Subsection 5.a. Starting January 1, 2013, the Port shall pay the fees, charges, surcharges and Offsite Medical Charges with such annual adjustments for inflation and other re-sets as described below. The parties understand that during 2012 the Port shall pay fees as detailed in the 2002 contract. 1. MAINTENANCE CHARGE, WER CHARGE AND CAPITAL EXPENDITURE CHARGE The Maintenance Charge and WER Charge shall be calculated as shown in Attachment III-1 and as described below. a. The Maintenance Charge starting January 1, 2012, and for the remainder of the calendar year 2012, excluding any adjustments for Capital Expenditure Charges, will be $127.97. When combined with the Capital Expenditure Charges, the Maintenance Charge for calendar year 2012 is $132.01. The Maintenance Charge shall be annually adjusted as described in Section 5 below and shall be annually inflated and/or re-set as described in Section 5 below. The Maintenance Charge calculation shall include 70.56% of the total DAJD Budgeted Jail Costs associated with booking; this percentage of booking costs to be included in the Maintenance Charge shall remain fixed through the term of this Agreement. i. The Port will not be charged a Maintenance Charge for a Port Inmate where the Inmate has been offsite (e.g. housed outside of the Jail) for all 24 hours of a Surcharge Day and subject to 1:1 Guarding Surcharge for the entirety of such 24 hour period. b. WER Charge. In lieu of the Maintenance Charge, the Port will be charged a WER Charge for each Inmate Day in which a Port WER Participant is in the WER program. Starting January 1, 2012, and for the remainder of the calendar year 2012, excluding any adjustments for Capital Expenditure Charges, the WER Charge will be $88.10. When combined with Capital Expenditure Charges, the WER Charge for calendar year 2012 is $92.14. The WER Charge shall be annually adjusted as described in Section 5 below and shall be annually inflated and/or re-set as described in Section 5 below. c. In addition to the annual adjustments to the Maintenance Charge and WER Charge described above, King County will increase the Maintenance Charge and WER Charge to capture the cost of Capital Expenditures. Capital Expenditures are defined as the cost of repairing and renovating current jail capacity and support and administrative facilities that benefit Jail or WER operations. Capital Expenditures include, but shall not be limited to, the Integrated Security Project (ISP) and the Courthouse 16 2012-2020 Interlocal Agreement: Jail Services ________________________________________ Seismic Stabilization Project (CSSP). Additional Capital Expenditures will be included in the Maintenance Charge and WER Charge if such expenditures benefit Port Inmates or Port WER Participants. Any Capital Expenditure that solely benefits County Inmates will not be charged to the Port. Capital Expenditures do not include Jail Bed Expansion Projects. Capital Expenditures do not include Major Maintenance as defined in Attachment III-1. i. Capital Expenditures will be calculated in proportion to the square footage that benefits adult detention, then added to the rate calculations based on a proportionate share of the total number of Inmate Days (as defined in Section 1.17). By August 15 of each year, DAJD will estimate the total number of Inmate Days for the following calendar year and provide notice to the Port of the Capital Expenditure Charge to be included in the Maintenance Charge and WER Charge in the following calendar year. ii. Upon request of the Port, the County shall provide its 6-year CIP and its 6-year major maintenance plan to the Port. The County will provide a detailed line item budget of each Capital Expenditure. Capital Expenditures will not be charged to the Port to the extent such Capital Expenditures are covered by federal grants, state grants, insurance proceeds, capital maintenance reserves or voter approved capital funding for jail related improvements. iii. Capital Expenditures, if debt financed, shall begin being charged when debt service payments begin for the permanent financing of the Capital Expenditure and shall continue until the end of the debt amortization unless the debt amortization is less than fifteen (15) years, in which case the charges to the Port will be amortized over fifteen (15) years. If the Capital Expenditure is not debt financed, Capital Expenditure charges shall be based on actual expenditures. The County will make available documentation evidencing such expenditures. iv. Beginning January 1, 2012 and continuing through calendar year 2012, the Capital Expenditure Charge for ISP for the City is $3.36 and the Capital Expenditure Charge for the CSSP is $0.68, for a combined total Capital Expenditure Charge of $4.04 to be added to the Maintenance Charge and WER Charge amounts set forth in subparagraphs a and b above. 2. BOOKING FEE a. The booking fee shall be based on whether or not the Port is using the County's Personal Recognizance (PR) screeners for individuals it brings to a County jail facility to be booked. The two booking fees starting January 1, 2012 and for the remainder of the calendar year 2012 will be initially set as follows, as illustrated in Exhibit III-1: i. The Base Booking Fee shall be $150.00. Th is is the booking fee payable by contracting agencies that are not using the County's PR screeners. This Booking Fee shall include 40.86% of the total Budgeted Jail Costs associated with booking (including Jail Health Intake Services); this percentage of booking costs to be included in the Booking Fee shall remain fixed through the term of this Agreement. ii. The Standard Booking Fee shall be $195.96. This is the booking fee payable by contracting agencies using the County's PR screeners. This booking fee is composed of the Base Booking Fee plus the fee associated with the County's PR screeners. 17 2012-2020 Interlocal Agreement: Jail Services ________________________________________ b. If the Port has a court order on file as of January 1, 2013, confirming that the Port and not the County will have authorization to provide PR screening for Port Inmates, then the Port will be qualified for the Base Booking Fee in 2012. To qualify for the Base Booking Fee in subsequent years, the Port must either provide a court order not later than July 1 of the preceding calendar year confirming that the Port and not the County will have authorization to provide PR screening for Port Inmates, or a previously issued court order must remain in effect. If an authorizing court order is revoked or expires and is not renewed, the Port will no longer qualify for the Base Booking Fee. 3. SURCHARGES In addition to payment of the Maintenance Charge, WER Charge and the Booking Fees, the Port shall pay Surcharges associated with services provided to Port Inmates as described below. The types of services provided to an Inmate associated with each Surcharge, and a general description of each Surcharge, is set forth in Attachment III-2. The initial Surcharge amounts described in paragraphs (a) (d) below shall apply from the January 1, 2012 through December 31, 2012 and shall thereafter be annually adjusted as described in Section 5 below. a. Infirmary Care. For Medical Inmates, the Port shall pay an Infirmary Care Surcharge of $193.87 for each Surcharge Day. b. Non-Acute Psychiatric Care. For Non -Acute Psychiatric Inmates, the Port shall pay a Psychiatric Care Surcharge of $61.00 for each Surcharge Day. c. Acute Psychiatric Care. For Acute Psychiatric Inmates, the Port shall pay an Acute Psychiatric Care Surcharge of $231.11 (which is the sum of the Psychiatric Care Surcharge plus the Acute Psychiatric Housing Surcharge) for each Surcharge Day. i. The Acute Psychiatric Housing Surcharge for each Surcharge Day shall be $170.11. ii. The Psychiatric Care Surcharge for each Surcharge Day of $61.00 is added to the Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of $231.11. d. 1:1 Guarding Surcharge. The 1:1 Guar ding Surcharge is the charge imposed when the County dedicates an individual officer to guard a Port Inmate. The Surcharge shall be $57.67 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 one (1) charge may be imposed within the 24-hour period for a single inmate, and the charge imposed shall be the highest applicable charge. For example, if an inmate is placed in Acute Psychiatric Care, released to the general population, and then again placed in Acute Psychiatric Care all within the same 24-hour period (midnight to midnight), a single Acute Psychiatric Care Surcharge will be imposed. Similarly, if an Inmate is placed in Acute Psychiatric Care and then in Non-Acute Psychiatric Care within the 24-hour midnight to midnight period, then a single Acute Psychiatric Care charge will be imposed. 18 2012-2020 Interlocal Agreement: Jail Services ________________________________________ 4. OFFSITE MEDICAL CARE CHARGES In addition to the Maintenance Charge or WER Charge, the Booking Fee, and the Surcharges detailed above, the Port shall be responsible for payment of all Offsite Medical Care Charges incurred by a Port Inmate. 5. INFLATORS AND RE-SETS OF FEES AND CHARGES a. Inflators. All fees and c harges, excluding: (1) Offsite Medical Care Charges and (2) the Capital Expenditure Charge components of the Maintenance Charge and WER Charge shall be annually inflated by the percentage rates described below, effective January 1 of each calendar year starting January 1, 2013, in order to determine the final rates and charges for said calendar year, subject further to re-set of the underlying "base rates" periodically as described in Subsection 5.e below. Non-Medical Charges: the following fees and cha rges are subject to an annual inflator of the Seattle-Tacoma-Bremerton CPI-W (covering the 12-month period ending in June) plus 1.5%, but shall in no event be lower than 1.5%.: i. Maintenance Charge ii. WER Charge iii. Booking Fee iv. Acute Psychiatric Housing Surcharge v. 1:1 Guarding Medical Charges: the following fees and charges are subject to an annual inflator of the Seattle- Tacoma-Bremerton CPI-W (covering the 12-month period ending in June) plus 3%, but shall in no event be lower than 3%: i. Infirmary Care Surcharge ii. Psychiatric Care Surcharge b. Final Fee and Charge Notice for Following Calendar Year. No later than August 15 of each year, the County will provide notice to the Port of the final fees and charges listed in this Subsection 5.a for the following calendar year reflecting the application of the June-June CPI index in the manner prescribed in Subsection 5.a above. c. Inflation Re-sets. Notwithstanding the terms of Subsections 5.a and 5.b to the contrary, in the event the Seattle-Tacoma-Bremerton CPI-W (June-June) exceeds 8% then, as part of the August 15 final fee and charge notice, the County will include information demonstrating whether, based on factors affecting the DAJD Budgeted Jail Costs including but not limited to personnel costs, food, utilities and pharmaceuticals, the County's reasonably expected inflation experience for the DAJD Budgeted Jail Costs in the next calendar year (the "Expected Inflation Rate") is less than or greater than said CPI-W (June-June) rate. If the Expected Inflation Rate is lower than the CPI-W (June-June) rate, the County will apply the lower of the two rates to the fees and charges listed in this Subsection 5.c for the following calendar year. d. 2012 Fees and Charges. Attachment III -1 shows the allocation of 2011 Budgeted Jail Costs used to derive the 2012 fees and charges, applying the inflators in Subsection 5.a above in order to calculate the fees and charges applicable in 2012 as set forth above in Sections 1, 2, 3 and 4. 19 2012-2020 Interlocal Agreement: Jail Services ________________________________________ e. Five-Year Base Re-set for Fees and Charges. After five years, the base costs on which fees and charges are based will be updated, by applying the previous year's Budgeted Jail Costs to the allocation methodology as illustrated in Attachment III-1. Thus, fees and charges in 2017 will be determined using the model in Attachment III-1 incorporating 2016 Budgeted Jail Costs, and then applying the annual inflators per Subsection 5.a. By March 1 of the calendar year before each Base Reset Year, the County will provide the Port written notice including a detailed calculation of the re-set fees and charges for the next occurring Base Year (excluding application of inflators, which will be provided by August 15 per Subsection 5.b above). The Parties shall promptly thereafter meet to review the information and will work in good faith to resolve any questions or issues by May 1 of calendar year preceding the Base Re-set Year. In the event that the County implements a new accounting system that makes it impracticable to generate the same cost allocations shown in the cost model illustrated in Attachment III-1, the Parties agree that technical adjustments may be made to the rate model in order to recreate as nearly as practicable the original rate model. By way of illustration and without limitation: Year 2013 fees and charges are determined by applying the inflators to 2012 fees and charges per Subsection 5.a. Year 2014 fees and charges are determined by applying the inflators to 2013 fees and charges per Subsection 5.a. Year 2015 fees and charges are determined by applying the inflators to 2014 fees and charges per Subsection 5.a. Year 2016 fees and charges are determined by applying the inflators to 2015 fees and charges per Subsection 5.a. Year 2017 fees and charges are determined by allocating the 2016 Budgeted Costs per the cost model in Attachment III-1 and applying the inflators per Subsection 5.a. Year 2018 fees and charges are determined by applying the inflators to 2017 fees and charges per Subsection 5.a. Definition of Budgeted Jail Costs: Budgeted Jail Costs means the direct and indirect costs related to operating the Jail, including without limitation health services, per the adopted County Budget approved by the County Council. 20 2012-2020 Interlocal Agreement: Jail Services ________________________________________ Attachment III-1 Illustration of Fee and Charge Calculations MAINTENANCE (DAILY) CHARGE PART I: CALCULATION OF THE MAINTENANCE (DAILY) CHARGE Based on 2011 Adopted Budget Budgeted Costs 1 Total Department of Adult and Juvenile Detention 126,871,483 2 Plus County Admin for Detention 4,474,086 3 Remove 70% of court detail (5,545,872) 4 Less Juvenile Detention and Associated DAJD Admin (17,768,627) 5 Less CCD Division and Associated DAJD Admin (6,047,574) 6 Less WER Secure Detention Costs (1,553,522) 7 Less 1:1 Guarding Detention (2,335,103) 8 Less Psych Housing DAJD (3,050,414) 9 Less 29.44% of DAJD Booking Costs (Booking Fee line 3) (4,186,451) 10 SUBTOTAL DETENTION COSTS for Daily Maintenance 90,858,006 11 Total Jail Health Services (JHS) Costs 27,415,896 11a Less Off Site Medical - 11b Less Psych Services JHS (3,325,962) 11c Less Infirmary JHS (1,665,769) 11d Less Booking Costs - JHS ONLY (2,744,549) 12 SUBTOTAL JAIL HEALTH COSTS for Daily Maintenance Charge 19,679,616 13 SUBTOTAL DAJD plus JHS for Daily Maint. Only 110,537,622 14 Less DAJD Cost Recoveries 14a SMC Transport (192,559) 14b Medical Reimbursement (19,000) 14c SSI Incentive (100,000) 14d Bulletproof Vest Reimbursement (5,000) 14e IWF CX Transfer (531,810) 14f SCAAP (883,136) 15 Subtotal DAJD Cost Recoveries (1,731,505) 16 NET Maintenance Costs 108,806,117 17 Total Maintenance Days 875,807 18 Average Maintenance Days 2,399 19 Cost per General Maintenance Day PRIOR to Capital Expenditure 124.24 Surcharge PART II: 2011 Costs inflated to 2012 20 3% Increase 2012 127.97 21 2012 CSSP 0.68 22 2012 ISP 3.36 Total 2012 Daily Maintenance Charge including Debt Service $132.01 21 2012-2020 Interlocal Agreement: Jail Services ________________________________________ NOTES: 1 Based on DAJD 2011 Adopted Budget in Essbase (the budget system). 2 Includes 100% of County Admin for Personnel, F/A Mgmt, Mail, State Auditor, and Budget. In addition, includes $3.57 million of Major Maintenance. This amount is the 2009 County adopted contribution from DAJD to the Major Maintenance Reserve Fund for the KCCF and MRJC facilities. It represents the annualized amount necessary to fund major maintenance projects at these two facilities on a rolling 20 year-basis in effect a "depreciation payment," applicable for each year of use/wear & tear. 3 70% of Court Detail costs are attributed directly to Superior Court, therefore not accessible to the cities and are removed from calculation. 4 Remove Juvenile Detention Division low orgs (cost centers) and associated DAJD Admin. 5 Remove Community Corrections Division (CCD) low orgs (cost centers) and associated DAJD admin. 6 WER is a standalone rate therefore all CCD costs associated with WER including the cost recoveries were removed in line 5. This line represents the removal of the costs from the detention operation that is used to support WER and are now included in the standalone WER Charge. 7 Surcharge for 1:1 guarding is removed from the maintenance charge. 8 Surcharge charge for services associated with housing the Acute Psychiatric Inmates is removed from the maintenance charge. 9 Removal of 29.44% of DAJD's Booking Costs associated with Booking from the maintenance charge. (See Exhibit III, Section 1a). 11 a-d All jail health services direct and indirect budgeted costs for: Offsite Medical Care, Psychiatric Care for Acute- and Non-Acute Psychiatric Inmates, Infirmary Care, and intake health screening are removed from the calculation of the maintenance charge and are instead established as separate surcharges or components of separate charges. Other remaining direct and indirect Jail Health Services budgeted costs are included in the jail health portion of the maintenance charge. 12 The subtotal of lines 11 through 11d. 13 The subtotal of lines 10 and 12. 14 a-f Removal of reimbursements received by DAJD. 17 Calculation of total Maintenance days in 2011 is a weighted average of Secure and WER days based on the allocation of percentage of actual costs. 18 Calculation is Line 17 divided by number of days in year. 19 Cost per General Maintenance Day is PRIOR to the additional cost for capital expenditure charges (e.g. in 2012 seismic retrofit and ISP). See Exhibit III.c.i-III.c.iv. 20 This is the rate for 2012. For future years the inflator will be calculated as described in Exhibit III, Section 5. 21 Debt service CSSP is the Courthouse Seismic Project; DAJD is responsible for 10% of the $84,747,000 that is financed over 20 years (2005-2024). The 2012 charge ($.68) is calculated by taking the amount apportioned for 2012 ($641,773) divided by the number of custodial maintenance days for 2012 (946,036). 22 Debt service ISP is the Integrated Security Project; DAJD is responsible for $42,921,801 that is financed over 20 years (2010-2029). The 2012 ($3.36) charge is calculated by taking the amount apportioned for 2012 ($3,179,500) divided by the number of custodial maintenance days for 2012 (946,036). 22 2012-2020 Interlocal Agreement: Jail Services ________________________________________ WORK EDUCATION RELEASE (WER) (DAILY) CHARGE PART I: CALCULATION OF THE WER (DAILY) CHARGE Based on 2011 Adopted Budget Budgeted Costs 1 Direct Detention Staffing Costs 1,389,308.98 2 Overhead - County and DAJD Admin 164,213.09 3 Subtotal Direct Detention 1,553,522.07 4 Work Release in Community Corrections 1,481,264.00 5 County, DAJD, and CCD Admin 418,844.34 6 Less WER Revenue (245,556.00) 7 Subtotal CCD WER 1,654,552.34 8 Subtotal Detention and CCD Costs 3,208,074.41 9 Detention Support Services 2,036,453.66 10 Total WER (Daily) Costs 5,244,528.07 11 Total WER Maintenance Days 61,320.00 12 WER Cost/Day 85.53 PART II: 2011 Costs inflated to 2012 13 3% Increase 2012 88.10 14 2012 CSSP 0.68 15 2012 ISP 3.36 Total 2012 WER Charge including Debt Service $92.14 NOTES: 1 Detention costs include staffing, shift relief, meal delivery, etc. 2 Overhead is allocated based on proportionate share of the adopted budget. 4 Community Corrections costs are for case managers, and administrative staff in WER. 6 WER Inmate payments for room and food charges are backed out of the total costs. 9 Additional services used to support WER include food preparation and food costs, janitorial costs, utilities, supplies, command management, etc. Costs are added proportionately including overhead charges. 11 Budget ADP of 168 multiplied by 365 = 61,320. 12 Cost per WER is PRIOR to the additional cost for capital expenditure charges (e.g. in 2012 seismic retrofit and ISP). See Exhibit III.c.i-III.c.iv. 13 This is the rate for 2012, for future years the inflator will be calculated as described in Exhibit III, Section 5. 14 Debt service CSSP is the Courthouse Seismic Project; DAJD is responsible for 10% of the $84,747,000 that is financed over 20 years (2005-2024). The 2012 charge ($.68) is calculated by taking the amount apportioned for 2012 ($641,773) divided by the number of custodial maintenance days for 2012 (946,036). 15 Debt service ISP is the Integrated Security Project; DAJD is responsible for $42,921,801 that is financed over 20 years (2010-2029). The 2012 ($3.36) charge is calculated by taking the amount apportioned for 2012 ($3,179,500) divided by the number of custodial maintenance days for 2012 (946,036). 23 2012-2020 Interlocal Agreement: Jail Services ________________________________________ BOOKING FEE PART I: CALCULATION OF THE BOOKING FEE Based on 2011 Adopted Budget Base Booking Fee Standard Total for those entities Booking Fee for Budgeted that do not use those entities Costs King County PR who do use King Screeners County PR Screeners 1 Detention Booking Costs - DAJD 12,715,934 12,715,934 2 Plus County and DAJD Overhead 1,502,994 1,502,994 3 Sub-total - DAJD Booking Cost Before Adjustments 14,218,928 14,218,928 Adjustments 4 Plus Jail Health Intake Services 2,744,549 2,744,549 5 Plus PR Screeners & Overhead - 1,683,055 1,683,055 6 Sub-total - Booking Cost Adjustments 2,744,549 1,683,055 4,427,604 7 Total Booking Costs 16,963,477 1,683,055 18,646,532 8 Less DAJD Booking Cost Recovered in Daily 10,032,477 Maint. % of DAJD Booking Cost 70.56% 9 Total Book Cost included in Calculation 6,931,000 % of Base Booking Cost 40.86% 11 Bookings 47,594 37,717 12 Booking Fee 145.63 44.62 3% Increase 2012 150.00 45.96 PART II: 2011 Costs inflated to 2012 Base Booking Fee Standard for those entities Booking Fee for that do not use those entities King County PR who do use King Screeners County PR Screeners 13 3% Increase 2012 $150.00 $195.96 24 2012-2020 Interlocal Agreement: Jail Services ________________________________________ NOTES: 1 Based on the DAJD 2011 Adopted Budget, in both the KCCF and RJC Cost Center (Orgs) from Essbase (the budget system). 2 Overhead is allocated based on proportionate share of the adopted budget including allocating costs to the booking charge. 3 Total of lines 1 and 2 4 Jail intake health screening costs are included in the booking fee, and removed from basic jail health (line 11d on the general maintenance day comparison sheet). 5 PR Screeners are part of the Community Corrections Division (CCD). PR Screener costs are part of the Standard Booking Fee charged to any cities using the County's PR Screeners. Refer to Exhibit III Section 2b on how the City can qualify for the Base Booking Fee which does not include the costs for the County's PR Screeners. 6 Total of lines 4 and 5. 7 Total of lines 3 and 6. 8 Represents total amount $10,032,477 and percentage (70.56%) of DAJD Booking Costs recovered in the Daily Maintenance Fee. The remaining 29.44%, $4,186,451(ties to Line 9 Daily Maintenance Calculation), is included in Line 9 Total Booking Cost. 9 Represents the amount of total booking costs (including Jail Health Intake Services, line 4) and percentage (40.86%) used to calculate the Base Booking Fee of $150. Calculation: Line 3 $14,218,928 plus Line 6 $2,744,549 less Line 8 ($10,032,477). See Exhibit III Section 2. 11 Total budgeted Bookings are used to calculate the base and standard booking fees. 12 Calculated Fee prior to 2012 Inflation. 13 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III, Section 5. 25 2012-2020 Interlocal Agreement: Jail Services ________________________________________ INFIRMARY (DAILY) SURCHARGE JAIL HEALTH SERVICES (JHS) PART I: CALCULATION OF THE INFIRMARY (DAILY) SURCHARGE (JHS) Based on 2011 Adopted Budget Budgeted Costs 1 JHS Infirmary Services Staffing Costs 1,332,615 2 JHS Infirmary Non-Staffing Costs 333,154 3 Total JHS Infirmary Costs 1,665,769 4 Average maintenance days for the Infirmary (Location: 24.60 Infirmary or successor location) 5 JHS Infirmary Fee per inmate/day 185.52 PART II: 2011 Costs inflated to 2012 6 4.5% Increase 2012 $193.87 NOTES: 1 2011 Budgeted wage and benefit costs for JHS staff who provided services to Inmates in the Infirmary. Costs are allocated to the Infirmary Surcharge based upon the number of shifts scheduled in the Infirmary as a percentage of all JHS shifts scheduled in the jails. Scheduled shifts are based upon the most current staffing model designed and flexed to meet the needs of a changing population. The staffing model used for calculation of the 2009 Amendment rate was in place in September, 2008 (at the time the cost model was updated). 2 2011 Budgeted costs for pharmaceuticals (including intravenous medications and supplies), medical supplies and medical equipment for Inmates in the Infirmary. 3 Ties to Line 11c of the General Maintenance Daily Charge. 4 Budgeted Maintenance Days for Infirmary Location or Successor Location as defined in "Maintenance Day Population by Jurisdiction and Housing Type" - Infirmary - Total ADM. 6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III, Section 5. 26 2012-2020 Interlocal Agreement: Jail Services ________________________________________ PSYCHIATRIC CARE SERVICES DAILY JAIL HEALTH SERVICES (JHS) PART I: CALCULATION OF THE PSYCHIATRIC (DAILY) SURCHARGE (JHS) Based on 2011 Adopted Budget Budgeted Costs 1 JHS Psychiatric Services Staffing Costs 2,926,847 2 JHS Psychiatric Services Non-Staffing Costs 399,115 3 Total JHS Psychiatric Services Costs 3,325,962 4 Average maintenance days for Inmates receiving 156.10 Psychiatric Care Services 5 JHS Psychiatric Services Fee per inmate/day 58.37 PART II: 2011 Costs inflated to 2012 6 4.5% Increase 2012 $61.00 NOTES: 1 Budgeted wage and benefit costs for JHS staff who provided services to the Acute and Non-Acute Psychiatric Housing units. Costs are allocated to the Psych Care Surcharge based upon the number of shifts scheduled in psych housing units as a percentage of all JHS shifts scheduled in the jails. Scheduled shifts are based upon the most current staffing model designed and flexed to meet the needs of a changing population. The staffing model used for calculation of the 2009 Amendment rate was in place in September, 2008 (at the time the cost model was updated). 2 Budgeted costs for pharmaceuticals and medical supplies for Inmates in Acute and Non-Acute Psychiatric housing. 3 Ties to 11b of the General Maintenance Daily Charge. 4 Budgeted Maintenance Days for 7North Location or Successor Location as defined in "Maintenance Day Population by Jurisdiction and Housing Type" - (Acute Psych - Total ADM PLUS Non-Acute Psych - Total ADM). 6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III, Section 5. 27 2012-2020 Interlocal Agreement: Jail Services ________________________________________ ACUTE PSYCHIATRIC HOUSING (DAILY) SURCHARGE PART I: CALCULATION OF THE ACUTE PSYCHIATRIC HOUSING (DAILY) COMPONENT OF THE ACUTE PYSCHIATRIC SURCHARGE Based on 2011 Adopted Budget Budgeted Costs 1 Direct Detention Staffing Costs 2,727,974 2 Overhead - County and DAJD Admin 322,440 3 Total Acute Psych Jail Costs 3,050,414 4 Average Maintenance Days for Acute Psych Housing 50.60 (7North location or successor location) 5 Acute Pysch Housing (Daily) 165.16 PART II: 2011 Costs inflated to 2012 6 3% Increase 2012 $170.11 NOTES: 1 Detention costs include staffing (salaries, benefits, meals). 2 Overhead allocated based on proportionate share of the budgeted costs. 3 Budgeted Maintenance Days for 7North Location or Successor Location as defined in "Maintenance Day Population by Jurisdiction and Housing Type" Acute Psych - Total ADM. 6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III, Section 5. 28 2012-2020 Interlocal Agreement: Jail Services ________________________________________ 1:1 GUARDING (HOURLY) SURCHARGE PART I: CALCULATION OF THE 1:1 GUARDING (HOURLY) SURCHARGE 2011 Est. Costs 1 Direct Detention Staffing Costs 2,088,274 2 Overhead - County and DAJD Admin 246,829 3 Total 1:1 Guarding Costs 2,335,103 4 Average Officers per day 4.76 5 1:1 Guarding Cost/Day 1,343.67 6 1:1 Guarding Cost/Hour 55.99 PART II: 2011 Costs inflated to 2012 7 3% Increase 2012 $57.67 NOTES: 1 Direct Detention Staffing Costs are determined using the following methodology Actual 1:1 Guarding Hours X Avg. CO Hourly Overtime Rate = Direct Staffing Costs Avg. CO Hourly Overtime Rates is derived from the 2011 Essbase PSQ Salary file, taking the average Overtime hourly rate for a Corrections Officer, and increasing by 3% for Gun Qualification Premium. 2 Overhead is allocated based on proportionate share of the budgeted costs. 4 Calculation: 1:1 Guarding Hours / # of days in year / 24 hours = Average Officers per day. 5 Calculation: Line 3 / (Average Officers per day x # of days in year). 6 Calculation: Line 5 / 24hrs. 7 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III, Section 5. 29 2012-2020 Interlocal Agreement: Jail Services ________________________________________ Attachment III-2 Summary Description of Medical Cost Model Surcharges and Pass-Through Charges Surcharge Description 1. 1:1 Guarding Cost to guard an inmate in a 1:1 situation. Most common occurrence is at hospital or at off-site medical appointments. If more than one guard is required, then the rate would be the multiple of guards. 2. Acute Psychiatric Care (two components) billed by location (7North in KCCF or successor location) a. Psychiatric Care Surcharge Costs for Jail Health Services (JHS) treatment team for services listed below for Psychiatric Care. b. Acute Psychiatric Housing Costs for additional officer staffing for: 15-minute checks, Surcharge assistance with feeding, emergency responses, escorts, and other necessary services to provide for an inmate who poses a potential danger to him or her self. 3. Non-Acute Psychiatric Care (one component) a. Psychiatric Care Surcharge Costs for JHS Psychiatric treatment team for services listed below for Psychiatric Care. 4. Infirmary Care Costs for JHS Infirmary care, services listed on reverse. Pass-Through Charge Description 5. Off-Site Medical Charges Costs for inmates to receive services from outside medical providers (services not available from JHS). Examples include: Hospital care Dialysis Cancer treatment (chemotherapy, radiation) Specialized transport to medical appointments (wheelchair bound inmates) JHS Psychiatric Care Services Provided: Criteria: Psychiatric Housing Inmates with severe or unstable mental health conditions are Psychiatric Treatment & Management placed in psychiatric housing units and receive a level of Psychiatric Treatment Team monitoring and care based on the acuity of their mental Monitoring illness. Inmates in psychiatric housing are evaluated upon Medication Administration admission and then re-evaluated on a regular basis by a Mental Health Crisis Counseling multi-disciplinary treatment team. Psychiatric Therapy Groups 30 2012-2020 Interlocal Agreement: Jail Services ________________________________________ JHS Infirmary Care Services Provided: Criteria: 24-hour Skilled Nursing Care Inmates who meet diagnostic criteria that require 24-hour Daily Provider Rounds skilled nursing care are housed in the KCCF Infirmary. Treatment and Management of Examples include but are not limited to: Complex Disease States Substance abusers requiring medical Medication Administration detoxification/withdrawal management (chronic Activities of Daily Living Assistance alcoholics and opiate addicted pregnant females); Alcohol Detoxification Individuals with non-stable medical conditions such as: need for kidney dialysis, wired jaws, newly started on blood thinning medication; Individuals who are mobility impaired and/or not independent in activities of daily living; Individuals requiring IV therapy or with central lines in place; Individuals who are acutely ill, post surgical, who require convalescent care, and those with conditions requiring extensive treatment and frequent monitoring; and Individuals with severe respiratory problems requiring nebulizer treatments, oxygen and close observation. Inmates are formally admitted to infirmary care following assessment by a physician or nurse practitioner and then monitored daily by provider and nursing staff. Discharge from the infirmary occurs either at the time of release from jail or as the patient's condition improves and can be safely managed in general population housing. Some individuals remain in infirmary care for the duration of their incarceration. 31
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