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HomeMy WebLinkAboutres1980-003ya I DATE Janunry_24, 1,980 INTRODUCED BY Johnson 2 PROPOSED BY Public Works Department 3 RESOLUTION NO. 80 -3 4 IN THE MATTER OF A MEMORANDUM OF UNDERSTANDING POR A INTERLOCAL COOPERATION AGREEMENT BY AND 5 BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM AND DESIGNATING THE COUNTY AS PRIMARILY RESPONSI- 6 BLE FOR THE CONSTRUCTION AND OPERATION OF JAIL FACILITIES IN ACCORDANCE WITH R.C.W. 70.48.090 7 AS AMENDED BY CHAPTER 232, LAWS OF 1979, FIRST EX. SESS., AND R.C.W. CHAPTER 39.34 ENTITLED, 8 " INTERLOCAL C'OOPERAT'ION ACT." 9 WHEREAS, R.C.W. provides that two or more contiguous governing units 10 may apply for State funding for a consolidated detention or correctional facil- 11 ity. Whenever any jail is operated by a governing unit which includes a combina- 12 tion of cities and /or counties, one such city or county shall be designated as 13 primarily responsible for the operation of said jail. An application for fund - 14 ing of a consolidated jail shall be submitted jointly by the governing units 15 involved. Such application shall include a draft of a jail services contract in 16 accordance with R.C.W. 70.48.090 as amended by Chapter 323, Laws of 1979, First 17 Ex. Sess. and a statement of, conditional intention to enter into such contract 18 executed by the governing units involved or a memorandum of understanding be- 19 tween the governing units involved and a statement by the chief elected official 20 of each joint applicant that on the basis of such agreement it has authorized 21 the applicant to seek funding for a facility which will accommodate its jail 22 population or an operation thereof specified in the application and is not 23 seeking such State funding to which it may otherwise be entitled; and 24 WHEREAS, Section 15, Section 9, Chapter 316 Laws of 1977, Ex. Sess., 25 and R.C.W. 48.090 as amended and reads, in part, as follows: 26 (1) Contracts for jail services may be made between a county and a 27 city located within the boundaries of a county. The contract shall be in writ - 28 ing, giving one governing unit the responsibility for the operation of the 29 jail, specifying the responsibility of each governing unit involved and includ- 30 ing the applicable charges for custody of the prisoners as well as the basis 31 for adjustment in charges. The contract may be terminated by written notice 32 to the governing units involved and to the Commission. The notice shall state Resolution - 1'. 9 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 13 19 20 j 21 1 22 23 24 25 25 27 23 I 29 � 30. 31 32 the grounds for termination and the specific plans for accommodating the affect -s I ed jail population. (2) The contract authorized in subsection (1) of this section shall be for a minimum of ten (10) years when State funds are provided to construct e. or remodel a jail in one governing unit that will be used to house prisoners of other governing units. The contract may not be terminated prior to end of the term without Commission's approval. If the contract is terminated, or upon the expiration and non - renewal of the contract, the governing unit whose jail facility was built or remodeled to hold the prisoners of other governing units I shall pay to the State Treasurer the amount set by the Commission when it authorizes disbursal of State funds for the remodeling or construction under R.C.W. 70.48.120. This amount shall be deposited in. the local jail improvement and construction account and shall fairly represent the construction costs in- curred in order to house prisoners from other governing units. The Commission may pay the funds to the governing units which have previously contracted for jail services under rules which the Commission may adopt. The acceptance of State funds for construction or remodeling consolidated jail facilities consti - -- tutes agreement to the proportionate amount set by the Commission. Notice of the proportionate amount shall be given to all governing units involved; and WHEREAS, it is determined by the Council of Whatcom County that such agreement shall. serve the mutual interests of Whatcom County and the City or Bellingham and the citizens therein by providing services and facilities in a manner that accords with the physical plant standards adopted pursuant thereto and :incorporated in Chapter 289 -12 W.A.C. and Chapter 70.48 R.C.W. to serve the population and other tractors influencing the needs of the people and governing units of the County and the City. NOW, THEREFORE, BE IT RESOLVED, that the Council of Whatcom County hereby agrees as follows: The Count shall be primarily responsible for the administration of. the construction and operation of a joint jail facility for the City of Bellingham and Whatcom County, and the County's chief law enforcement officer (Sheriff) shall be primarily responsible for the operation of the jail Resolution - 2. t X 2 3 4 5 6 7 8 9 10 11 12 13 14 ].5 16 1.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 facility and shall have charge of the jail and all persons confined therein and shall administer and operate such jail facility in conformance with the rules and regulations or ordinances adopted by the governing units and the laws of the State of Washington and other provisions will be provided in a joint e jail services contract between the County and the City. IT IS FURTHER RESOLVED, that the joint jail services contract between Whatcom County and the City of Bellingham shall provide jail -services to and for the City of Bellingham and shall be in writing designating the County with the responsibility for the operation of the jail facility, specifying the responsibility of the City and the County, the applicable charges for care and custody of the prisoners and providing a basis for adjustment in charges. IT IS FURTHER RESOLVED, that the contract shall be for a period of not less than ten (10) years and shall include method or methods to be employed in accomplishing the administration and partial or complete termination of the agreement and for disposal of assets upon such partial or complete termination of contract and other necessary and proper matters, and designating the County to be solely and entirely responsible for its acts and for the acts of its agents, employees, officers and servants during the performance of the term of the contractual agreement. IT IS FURTHER RESOLVED, that it is the intent of the Council of Whatcom County to enter into such agreement as designated herein within six months from the date of this resolution and upon receipt of approval of the jail facility application by the State Jail Commission of the State of Washington. The administration is hereby instructed to commence immediate negotiations in preparing such contract agreement for the Council's considera- tion. Resolution - 3. Y f• i 1 2 3 4 i 5J 6� 7{ 8 9 10 11 12 13 14 15 16 1.7 18 ` 19 20 21 22 2.3 24 25 26 27 28 29 <30 31 32 1 E I DATED this day o_- 1980. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Chairperson ` ATTEST: Joan O 'aden County Auditor and Ex- Officio, Clerk of the Council: sy Deputy APPROVED AS TO FORM: Deputy Prosecuting Attorney Resolution - 4.