2005/01/26 Council Agenda Packet

9 Agreements for Jail Services with the COUNTY in substantially the same form as this Agreement. (j) The term "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. (k) The term "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m. excluding COUNTY recognized holidays. (1) The term "maximum allowable population level" means the greatest allowable number of inmates that can be held in the Jail in a safe, secure humane manner. The maximum allowable population level shall be determined by the County Executive and the County Council with consideration given to input from the Jail Advisory Board. Section 2. Purpose Under the authority of Chapter 70.48 RCW,the COUNTY maintains a Jail. The CITY from time to time desires to confine CITY inmates in the COUNTY Jail. In return for payment as specified in Section 10, the COUNTY agrees to furnish its facilities and personnel for confinement of CITY prisoners subject to the terms of Section 3. Section 3. Level of Service The COUNTY offers three different levels of service that the CITY may choose from for Jail services. Certain of the subsequent terms of this agreement are dependant on the Service Level that the CITY elects to utilize. Upon signing, the CITY will indicate the Service Level by placing a mark following the appropriate paragraph and inserting the Service Level number in the appropriate blank at the end of this Agreement. (a). Service Level I — The CITY may Book and house as many inmates as the CITY presents. The CITY agrees not to use any other entity to house persons who would otherwise be CITY inmates with the following exceptions. 1. If the CITY maintains its own jail or detention facility,persons housed in its own facilities are exempt from this requirement. 2. The CITY may also book and house inmates in the City of Marysville and the City of Lynnwood jails by separate agreement with those cities. CITY Elects Service Level I (b). Service Level II — The CITY agrees to use and pay for a certain number of CITY inmate days annually. The CITY may Book and house inmates up to the agreed number of days. If space is available, the CITY may use and pay for more than the agreed number. If the CITY uses less than the agreed number of days, the CITY will pay for days not used. The specific method used is explained in Exhibit B, attached, and Interlocal Agreement for Jail Services Page 2 of 20 2005-2009 59