HomeMy WebLinkAboutC20130315 Contract Modification 1 - A20140026 SKAGIT COUNTY
Amendment# A20140026
Page 1 of 8
FIRST AMENDMENT TO THE JAIL FACILITY USE AGREEMENTAMONG
SKAGIT COUNTY, THE CITY OF MOUNT VERNON, THE CITY OF SEDRO-
WOOLLEY, THE CITY OF ANACORTES,AND THE CITY OF BURLINGTON
COLLECTIVELY KNOWN AS "THE PARTIES"
ADDING TERMS AND CONDITIONS GOVERNING TAX DISBURSEMENTS AND
COUNTY REIMBURSEMENT FOR JAIL OUTSOURCING CONDUCTED BY
CITIES.
RECITALS
WHEREAS, the cities of Mount Vernon, Anacortes, Sedro-Woolley, Burlington (the "Cities)
and Skagit County entered into an agreement known as the Jail Facility Use Agreement (the
"Agreement") executed in various counterparts attached hereto; and
WHEREAS, upon voter approval of the Sales Tax Measure set forth in the Agreement, the
Parties contracted for the allocation of funds received from the Sales Tax Measure including
certain adjustments set forth in Part I Section 3 of the Agreement; and
WHEREAS, pursuant to RCW 82.14.450 (6), revenues generated pursuant to the Sales Tax
Measure are to be distributed to the County and to cities in the County (including, but not limited
to the cities that are party to this agreement); and
WHEREAS, the Parties jointly approached the Washington State Departments of Revenue and
Treasury seeking state approval to distribute the funds received from the Sales Tax Measure in
accordance with the Agreement and were denied; and
WHEREAS, as a condition of satisfying the terms and conditions of Part I Section 3 it is
necessary to add additional terms and conditions to the Agreement governing how the Parties
intend to implement the distribution of funds received from the Sales Tax Measure; and
WHEREAS, the Parties wish to add additional terms allowing for reimbursement from the Jail
Fund for costs borne by Cities that outsource the housing of city inmates when the County Jail
Facility cannot adequately accommodate the housing of such inmates.
NOW, THEREFORE, the Parties hereby amend the Jail Facility Use Agreement,
pursuant to Washington law including but not limited to the Chapter 70.48 RCW and
Chapter 39.34 RCW as follows:
A. A new subsection "f" is added to Part 1, Section 3,which shall read as follows:
First Addendum to the Jail Facility Use Agreement Page 1 of
f. INTERPARTY DISTRIBUTION OF SALES TAX FUNDS. The Cities
receive Sales Tax Measure funds ("Funds") from the State by the last business day of
every month. Anacortes, Burlington, and Mount Vernon shall deliver to the County the
full amount of the Funds no later than the twentieth day of the following month in a
manner to be determined by each City. Funds shall be paid by the City of Sedro-Woolley
to the County in two manners: for the first 1/10`" of 1% sales tax, in accordance with Part
I—JAIL FINANCING, Sections 3c—e; and for the additional 2/10`" of 1% sales tax, the
City shall deliver to the County the funds no later than the twentieth day of the following
month in a manner to be determined by the City. Rebates shall be paid by the County to
the Cities of Burlington and Anacortes in accordance with Part I—JAIL FINANCING,
Sections a-b and Part I—JAIL FINANCING Sections d-e.
B. Subsection "e. ii." of Part 1, Section 3, is amended which shall read as follows:
ii. For the first calendar year in which revenue is received from DOR, the
Burlington Rebate and Anacortes Rebate will be prorated for the number
of months revenue is received in the calendar year, and paid out 60 days
after the end of the first month that the County receives revenue from each
city. In future years, payments will be made within 90 days of the end of
the measurement period (the" Payment Date").
C. A new subsection "d" is added to Part II, Section 7,which shall read as follows:
d. INMATE OUTSOURCING REIMBURSEMENT. Until such time as the new
jail facility is constructed and the Sheriff notifies the cities that the County has room to
house City Inmates, the County will reimburse the Cities for costs of outsourcing housing
of inmates to other appropriate jail facilities of each city's choosing. The County will
reimburse each city that is a party to this Agreement for such costs upon invoice and
receipt of requested documentation through the County's normal voucher process,
provided that such reimbursement shall not be made for additional personnel costs
incurred by a city to transport an inmate to another facility. Outsourced contracts should
include the cost of transport to and from Skagit County to the contracted jail facility and
such integrated costs will be reimbursed by the County. Reimbursement shall be made
from the Jail Fund.
D. If any provision of this addendum conflicts with any of the provisions of the Agreement,
the provisions of this addendum shall control. All other terms and conditions of the original
Agreement shall remain in effect.
FIRST AMENDMENT OF THE JAIL FACILITY Page 2 of 8
USE AGREEMENT
THIS FIRST AMENDMENT HAVING BEEN APPROVED BY THE PARTIES AND
EXECUTED IN COUNTERPARTS AS FOLLOWS:
FIRST AMENDMENT OF THE JAIL FACILITY Page 3 of 8
USE AGREEMENT
DATED this ' day of /UM Ai2014
CITY OF MOUNT VERNON
d1i) .
Mayor Jill Boudreau
ATTEST:
LeZ--
Alicia D.Huschka,Finance Director
APPROVED AS TO FORM:
Kevin Rogerson, City Attorney
FIRST AMENDMENT OF THE JAIL FACILITY Page 4 of 8
USE AGREEMENT
Dated this_t day of PI A 2 C4 ,2014.
CITY OF ANACORTES
2v---
Mayor Lauri Gere
Approved as to budget:
6 (LQ
Steven D.Hoglund,Finance Director
Approved as to form:
Brad E. urlong,City ey
FIRST AMENDMENT OF THE JAIL FACILITY Page 5 of 8
USE AGREEMENT
Dated this 13 day of m4e ci , 2014.
CITY OF BURLINGTON
Mayor Steve
Approved as to budget:
Crystil Rn, Finance Director
Approved as to form:
Scott Thomas, ity Attorney
FIRST AMENDMENT OF TIIE JAIL FACILITY Page 6 of 8
I'SE AGREEMENT
Dated this W�t^41ay of DitaAil, ,2014.
CITY OF SEDRO-WOOLLEY
M r eAnd n
Approved as to budget:
Patsy N 4 on,Finance Director
Approv d as to form:
Eron Berg, City ttorney
FIRST.ANIENDl1ENT OF THE JAIL FAC1LIT1 Page 7 of 8
USE AGREEMENT
•
Dated this Zj day of 7 4 (,I1 ,2014.
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
&/-N)1/V&O
Ron)Wesen,Chair
2„.,,,„,„,JA. 0. bcm/...,A
Kenneth A. Dahlstedt,Commissioner
ABSENT
Sharon D.Dillon,Commissioner
Attest:
I`�-4k `
4iam:I=arucuu Cl f the Board
Recommen •
ii.)--),-0\
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Sheriff Will Reichardt Tim Hollbrsn, County Administrator
Approved as to form:
AQ�' -s-\__ L31 (Q.(z.)-41 (-A)
Will Honea,Chief eputy Pros.Attorney
Approved as to budget:
-diA.61,4_,-
Trisha Logue, Budg and Finance Director
FIRST AMENDMENT OF THE JAIL FACILITY Page 8 of 8
USE AGREEMENT