2012/08/29 Council Agenda Packet

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 "Jail" means a COUNTY operated facility primarily designed, staffed, and used for the housing of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders convicted of a criminal offense; or for confinement during a criminal investigation or for civil detention to enforce a court order. Upon the date of the execution of this Agreement, Jail includes the Snohomish County Main Jail and all Community Corrections Programs for which CITY Trim ates may be eligible pursuant to this Agreement. 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 Jail. In return for payment as specified in Section 9,the COUNTY agrees to furnish its facilities and personnel for confinement of CITY Inmates based on the rules and conditions set forth in this Agreement and any attachments hereto. Section 3 Term This Agreement shall govern services from January 1, 2012, and shall continue in effect until December 31, 2015, or until terminated by either party in accordance with Section 4, PROVIDED that the COUNTY'S obligations are contingent upon local legislative appropriation of necessary funds for the purpose of funding this Agreement in accordance with applicable laws and the Snohomish County Charter. Section 4 Termination This Agreement may be terminated by either party for any reason at any time prior to its expiration upon ninety (90) calendar days, prior written notice provided pursuant to Section 18 hereof. The notice shall state the specific plans for accommodation of the affected jail population. Section 5 Population Level Limitation In the event that the cumulative maximum allowable population level is reached by all cities housing inmates at the Jail, inmates who are confined on Snohomish County charges or commitments will have first priority for continued incarceration. In the event the COUNTY determines that CITY Inmates must be removed from the Jail, in order to maintain the Jail's cumulative maximum allowable population level, out-of-county CITY Inmates shall be the first inmates removed from the Jail. Out-of-county CITY Inmates will be removed in the reverse order that the interlocal agreements for jail services were City of Everett Interlocal Agreement for Jail Services Page 2 of 17 2012-2017 13