HomeMy WebLinkAboutITEM VIII-B-2
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
AQreements for Jail Services June 27, 2006
Department: Attachments: Budget Impact:
Police Resolution No. 4053 with Attached
AQreements
Administrative Recommendation:
City Council Adopt Resolution No. 4053
Background Summary:
In order for the City to provide adequate jail services, it must consider various options, including the use
of services and facilities from outside sources. RCW 70.48.090 authorizes interlocal contracts between
cities and counties for this purpose. The Cities of Buckley, Fife, Issaquah, and Puyallup, as well as the
Counties of Okanogan and Pierce, currently maintain services and facilities that are available to the City
of Auburn. Pursuant to state law, Resolution No. 4053 will authorize the Mayor to execute respective
Agreements between the agencies above-listed for the use of jail services and facilities.
01.7
P0703-1
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
D Arts Commission COUNCIL COMMITTEES: o Building o M&O
D Airport X Finance o Cemetery D Mayor
D Hearing Examiner X Municipal Serv. o Finance D Parks
D Human Services o Planning & CD D Fire D Planning
D Park Board o Public Works X Legal X Police
o Planning Comm. o Other D Public Works D Human Resources
o Information Services
Action:
Committee Approval: DYes DNa
Council Approval: DYes DNa Call for Public Hearing _1-1-
Referred to Until ~_I-
Tabled Until _1_1-
Councilmember: Cerino I Staff: Kellv
Meetina Date: Julv 3, 2006 I Item Number: VIII.B.2
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO.4 0 5 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF BUCKLEY; CITY OF FIFE; CITY
OF ISSAQUAH; CITY OF PUYALLUP; OKANOGAN
COUNTY; AND PIERCE COUNTY FOR JAIL
SERVICES
WHEREAS, the City of Auburn is engaged in various municipal functions
including jail services; and
WHEREAS, in order to add to the options for jail services able to be
provided for by the City of Auburn, it is appropriate for the City of Auburn to
enter into agreements with other agencies, such as the cities of Buckley, Fife,
Issaquah, and Puyallup as well as the counties of Pierce and Okanogan, so that
the City of Auburn may send some of its prisoners to other jails and/or detention
centers; and
WHEREAS, each of the above-names cities and/or counties maintain
jails within their respective city and/or county; and
WHEREAS, it is in the public interest for the parties to enter into
agreements for jail services and facilities pursuant to 70.48.090; at a cost that is
acceptable to the City.
Resolution No. 4053
June 27, 2006
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and the cities of Buckley, Fife, Issaquah, and Puyallup as well as the counties
of Pierce and Okanogan for jail services which agreements shall be in
substantial conformity with the Agreements attached hereto, marked as Exhibits
"A" though "F" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as niay be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be In full force and affect upon
passage and signatures hereon.
Dated and signed this
day of
,2006.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 4053
June 27,2006
Page 2 of 3
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4053
June 27, 2006
Page 3 of 3
JAIL SERVICE CONTRACT
THIS AGREEMENT, made and entered into this I sl day of January, 2004, by and
between the CITY OF AUBURN, hereinafter called AUBURN, and the CITY OF
BUCKLEY, hereinafter called "BUCKLEY".
WITNESSETH:
WHEREAS, pursuant to Chapters 39.34 and 70.48 RCW, AUBURN and
BUCKLEY may enter into an agreement through their respective legislative bodies
whereby BUCKLEY shall furnish jail facilities for AUBURN prisoners upon such terms
as may be mutually agreed upon; and
WHEREAS, it is considered necessary and desirable in the public interest that
BUCKLEY and AUBURN exercise the rights and privileges afforded by said statute:
NOW, THEREFORE, it is mutually agreed by and between AUBURN and
BUCKLEY as follows:
1. A V AILABILITY OF JAIL FACILITIES
-
BUCKLEY agrees to furnish its facilities and personnel for the
confinement of AUBURN prisoners in the same manner and to the same
extent as BUCKLEY furnishes said services for confinement of its own
prisoners. BUCKLEY jail facilities shall be made available and furnished
for holding of AUBURN prisoners held upon arrest, awaiting trial and
service of imposed jail terms. It is understood and agreed that BUCKLEY
shall have no obligation to confine additional AUBURN prisoners when
the BUCKLEY facility is at its maximum capacity and in such events,
AUBURN will make diligent efforts to confine its prisoners elsewhere.
2. GUARANTEED BED SPACE
AUBURN agrees to pay BUCKLEY a daily rate for each day or portion of
a day for each AUBURN prisoner as set forth in this AGREEMENT.
a. The term AUBURN prisoner as used in this Agreement
shall mean persons confined in jail pursuant to a violation of a
AUBURN ordinance or regulation chargeable as a
misdemeanor or a gross misdemeanor.
b. The daily rate for lodging, in the Buckley City Jail, shall be
$52.00 per day plus medical expenses.
3. METHOD AND TIME OF PAYMENTS
The amounts under the terms of this Agreement shall be due and payable
within thirty days from and after receipt of an itemized invoice by each
party to the other, listing thereon the services rendered and itemized
billing therefore. BUCKLEY agrees to bill monthly for all sums described
hereunder.
4. COpy OF ARREST WARRANT OR CITATION
AUBURN law enforcement officers placing AUBURN misdemeanant-
charged prisoners in the BUCKLEY jail shall, in every instance, first
furnish an arrest warrant or citation to the BUCKLEY jail.
5. AUBURN LAW ENFORCEMENT OFFICER PRESENCE
AUBURN law enforcement officer placing arrested prisoners in custody
in the BUCKLEY jail shall be required to remain in the immediate
presence of the arrested person and shall be considered to have such
person in their sole custody until the BUCKLEY booking officer audibly
states that the AUBURN law enforcement officer may leave, and as such
time and only then, will BUCKLEY come into custody of said prisoner.
6. RECORDKEEPING
AUBURN agrees to maintain its own system of arrests and disposition
finger print cards.
7. JAIL RULES AND REGULATIONS
AUBURN agrees that when any AUBURN prisoner is being delivered to
the BUCKLEY jail, persons delivering said prisoners shall comply with
such reasonable rules and regulations as shall from time to time be
established. AUBURN prisoners in custody at the BUCKLEY jail will be
subject to all applicable rules, regulations and standards governing
operation of the BUCKLEY jail, including any emergency security rules
imposed by the Chief of Police.
8. AUBURN ACCESS TO PRISONERS
All AUBURN police officers and investigators shall have the right to
interview the prisoners inside the confines ofthe Buckley jail subject only
to necessary security rules. Interview rooms will be made available to
AUBURN police officers in equal priority with those of any other
department, including the Buckley Police Department.
9. RELEASE OF AUBURN PRISONERS FROM BUCKLEY JAIL
No AUBURN prisoners confined in the BUCKLEY jail shall be removed
except:
a. When requested by the AUBURN police department.
b. By order of the AUBURN court in those matters in which it has
jurisdiction, or upon order of the Pierce County District Court, or the
Pierce County Superior Court in those matters in which said courts
have jurisdiction.
c. For appearance in the court in which a AUBURN prisoner is
charged.
d. In compliance with a writ of habeas corpus.
e. For interviews by the AUBURN attorney or member of the
AUBURN Police Department.
f. If the prisoner has served his sentence of the charge pending against
said prisoner has been dismissed or bail or other recognizance has
been posted as required by the courts.
I O. HEALTH CARE
AUBURN shall be responsible for all medical, dental or mental health
costs incurred by or on behalf of a AUBURN prisoner including
prescriptions, appliances, supplies or other treatments ordered by the
practitioner, with the exception of the services currently provided within
the Jail. BUCLEY may refuse to accept a AUBURN prisoner in obvious
need of medical, dental or mental health attention.
Additionally, in the event a AUBURN prisoner's medical, dental or
mental condition in the judgment of the BUCKLEY Jail necessitates the
attention of a medical, dental or mental health professional, AUBURN
authorizes BUCKLEY to solicit such medical dental or mental health
services for the AUBURN prisoner. It is understood and agreed that prior
to soliciting said services BUCKLEY shall make a reasonable effort to
notify either orally or in writing the AUBURN Police Department of the
COPS intention. All emergency situations shall be handled according
with BUCKLEY policy, with AUBURN being notified the next business
day.
BUCKLEY shall only be responsible for a AUBURN prisoner's medical,
dental or mental health costs if it is determined that said costs were
incurred as a result of the negligence of BUCKLEY or its employees.
AUBURN shall first notify BUCKLEY Chief of Police as to medical or
mental health costs for AUBURN Prisoners. The parties shall make a
good faith effort to resolve any disagreement under this paragraph. If a
resolution cannot be reached, the parties shall refer the matter to an
independent arbitrator selected by the parties. The cost of arbitration shall
be the responsibili8ty of the losing party. Each party shall be responsible
for its costs and attorney fees.
11. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AUBURN agrees to indemnify and hold harmless BUCKLEY, its elected
and appointed officers, agents and employees from and against all claims,
demands and causes of action of any kind or character, including of
defense thereof arising from actions of AUBURN or its officers or
employees.
Similarly, BUCKLEY agrees to indemnify and hold harmless AUBURN,
Its elected and appointed officers and employees from and against all
claims, demands and causes of action of any kind or character, including
the cost of defense thereof arising from actions of BUCKLEY, its officers
or employees in conducting the jail activity.
12 DURATION AND TERMINATION OF AGREEMENT
The duration of this Agreement shall be for the initial term of one year,
commencing January 1,2004, and shall continue in effect for subsequent
calendar year terms provided that either party may terminate this
Agreement by giving 90 days written notice to the other party. Provided
further that the failure of any party to perform its obligations under this
Agreement, said failure amounting to a substantial breach of the terms and
conditions contained herein, shall constitute grounds for the withdrawal
from this Agreement by any party adversely affected by said breach.
DATE
CITY OF AUBURN
By:
By:
By:
Mayor
Administrator
Chief of Police
Approved as to fonn:
By:
City Attorney
DATE
CITY OF BUCKLEY
By:
By:
Mayor
By:
Administrator
Chief of Police
Approved as to fonn:
By:
City Attorney
CITY OF ISSAQUAH AND CITY OF AUBURN
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is dated for reference purposes the _ day of
_ 2006, or upon the first day of jail occupancy by the City of Auburn, and is agreed
to by and between the City of Auburn; hereinafter referred to as "City," and the City of
Issaquah; hereinafter referred to as "Issaquah".
WHEREAS, Issaquah has a jail facility, with supporting personnel; and
WHEREAS, the City has no jail facility for holding persons charged and/or convicted of
violations of City ordinances; and
WHEREAS, City is desirous of contracting with Issaquah in order to provide the City
with needed jail services, and Issaquah is contracting with the City to provide said jail
services;
NOW, THEREFORE, the parties have entered into this agreement in order to provide
needed jail services to the City, NOW, THEREFORE
The City and Issaquah have entered into this agreement under the terms and conditions
set forth herein.
1. Statement of Purpose. This agreement has been entered into in order to provide
jail services to the City.
2. Obli2ations of City of Issaquah:
2.1 Services. Issaquah shall book and hold in the Issaquah jail facilities City
prisoners charged and/or convicted of violation of City ordinances.
Issaquah shall be responsible for the prisoner from the time the prisoner is
screened and accepted into the Issaquah booking room until the prisoner is
released to a City official or released in accordance with the instructions
given to Issaquah by a City official or Court Order.
2.2 Displacement. Issaquah will notify the City of jail occupancy status when
contacted by City prior to booking. Prisoner bed space is offered on an as
available basis.
2.3 Price. Issaquah will bill the City the sum of $65.00 per day, per prisoner
for booking and incarceration.
2.4 Billing. Issaquah shall submit to City a monthly accounting of prisoners
booked and incarcerated in the previous month, along with an invoice for
payment.
2.5 Indemnification to City. Issaquah agrees to indemnify and hold City
harmless from any and all claims, lawsuits or other legal action and from
all costs including reasonable attorney's fees, which arises out of any
alleged wrongful or negligent act or omission by any officer, agent, or
employee of Issaquah occurring subsequent to any claimant's entry into
the Issaquah booking room and during any claimant's incarceration in the
Issaquah City Jail. City will accept Issaquah's membership in the Washington
Cities Insurance Authority as fulfilling the provisions of the insurance
policy requirement.
Memorandum of Understanding City of Auburn re Jail (2).docPage 1 of 3
2.6 Compliance with regulations. Issaquah shall maintain its jail facilities in
compliance with all state and federal regulations. Issaquah shall supply
City with a copy of their jail regulations.
2.7 Medical Expenses. Issaquah shall check with the designated official from
the City, as soon as practical, before any routine medical or dental
treatment is rendered beyond routine sick call. Issaquah shall be required
to check with the City when determining the need for medication of any
prisoner brought to Issaquah for incarceration under this Agreement.
3. Oblieations of the City of Auburn:
3.1 Services: City shall be responsible for the prisoner until the prisoner is
screened and accepted into the Issaquah Jail for booking.
3.2 Displacement. City understands and agrees that prisoners committed to
the Issaquah Jail facility, by the City, will be subject to being displaced at
any time if Issaquah finds that it does not have adequate facilities to house
pnsoners.
3.3 Price. City shall pay Issaquah the sum of $60.00 per day, per prisoner for
booking and incarceration.
3.4 Billing. City shall promptly remit payment for said services
3.5 Indemnification to City. City agrees to defend, indemnify and hold
Issaquah harmless from any and all claims, lawsuits, or other legal actions
and from all costs including reasonable attorney's fees, which arise out of
any alleged wrongful arrest, false imprisonment, or other wrongful or
negligent act or omission by any agent, officer or employee of City. In
addition, City agrees to maintain a policy ofliability insurance naming
Issaquah as an additional insured covering any risk of loss to City as
described in the foregoing sentence. The policy limits of such public
liability insurance shall be at least $1,000,000 per occurrence. A
certificate of insurance shall be supplied to Issaquah verifying such
coverage. City's membership in the Washington Cities Insurance
Authority will fulfill the provisions of the above insurance policy
requirement.
3.6 Compliance with regulations. City agrees to comply with the Issaquah
jail regulations relating to the booking, confinement and discharge of
prisoners, provided that it is City's duty to be aware of all pertinent
regulations and amendments thereto.
3.7 Medical Expenses. The City shall be solely responsible for any and all
medical, dental or emergency care beyond routine sick call, inclusive of
transportation, that must be provided to City prisoners housed in Issaquah
facilities when a non-emergency condition exists. City shall provide
Issaquah with any prescribed medication. If any renewal or additional
medication is necessary, and the prisoner is unable to pay for the same, the
City shall be responsible for that medication.
Memorandum of Understanding City of Auburn re Jail (2).docPage 2 of3
3.8 Prisoner Transportation. The City shaH be solely responsible for any
and all prisoner transportation needs to and from court appearances and/or
other corrections facilities.
4. Term: The term ofthis Agreement shall commence on the date first shown
above. This agreement shaH be of indefinite duration. Provided, however, either
party may elect to terminate this Agreement by giving written notice of
termination to the other party. Said tem1ination shall be effective thirty (30) days
from the date of receipt of said written notice.
CITY OF AUBURN
CITY OF ISSAQUAH
David Draveling,
Chief of Police
Dated:
Dated:
ENDI
Memorandum of Understanding City of Auburn re Jail (2).docPage 300
JAIL SERVICES AGREEMENT
Between
City of Fife and City of Auburn
1. Date and Parties. This Agreement, for reference purposes only, is dated the
_ day of ,200_, and is entered into by and between the City of Fife, hereinafter
referred to as "FIFE", and the City of Auburn, hereinafter referred to as "AUBURN", under and
pursuant to the provisions of Chapter 70.48.090 of the Revised Code of Washington. This
Agreement supersedes any prior agreements entered into between the parties herein with
regard to the terms and provisions set forth below.
2. Authority. This agreement is entered into by the parties hereto under the authority
of the Interlocal Cooperation Act, Chapter 39.34 RCW, and the Cities and Counties Jails Act,
Chapter 70.48 RCW. Fife is authorized to execute this agreement by the terms of Fife
Resolution Number 726. Auburn is authorized to enter into this agreement by action taken by
its governing body on the _ day of ,200_.
3. General Recitals. Fife currently owns and operates a jail (the "Jail"). In order to
assist other jurisdictions with their jail needs Fife is willing to house Auburn prisoners upon the
terms and conditions set forth herein.
4. Services to be Provided. Fife will furnish its facilities and personnel for the
confinement of Auburn prisoners in the same manner and to the same extent as Fife furnishes
said services for confinement of its own prisoners. The Jail shall be operated in accordance
with the Standards of Operating Procedures (SOP) enacted by Fife. A copy of the SOP will be
made available to Auburn upon request. A prisoner shall become the responsibility of Fife at
the point that the prisoner is booked into the Jail.
5. Prisoner Release. Fife will not release a prisoner from the Fife jail, except at the
end of the commitment term provided in the commitment order received at the time of booking,
unless he is released to a Auburn police officer, or unless a court order is received mandating
the release. Fife may utilize the prisoner on work details where the prisoner remains under the
direct supervision of a corrections officer. Fife may remove the prisoner for medical, dental, or
mental health care services, under the provisions of Paragraph 8, or in the case of an
emergency condition presenting an eminent danger to the safety of the prisoner, prison
population, or Fife personnel. In the event of such emergency removal Fife shall inform Auburn
of the prisoner's location at the earliest practicable time, and shall exercise all reasonable care
for the safe keeping and custody of the prisoner. Provided, however, if the prisoner requires
hospitalization. then Fife may request that Auburn provide security for the prisoner during the
time of hospitalization.
Jail Services Agreement
Between Fife and Auburn
Fife
Auburn
6. Term. The term shall commence on the date of this Agreement, and continue until
December 31, 2010. Provided, however, either party may terminate this agreement at any time
without penalty, by giving the other party written notice of termination at least 90 days prior to
the proposed termination date. Early termination shall not affect either parties' obligations
regarding payment for services, accounting, and defense and indemnity, for services provided,
and obligations incurred prior to the termination date.
7. Amendments. This agreement may be amended in writing at any time by mutual
consent of the parties hereto and such amendments shall take effect immediately. In the event
of any conflict between the provisions of this agreement and the provisions of the amendment,
the provisions of the amendment shall control.
8. Bed Space Availabilitv. Fife provides Jail space on a space-available basis. This
agreement does not provide for guaranteed bed space. Fife shall have sole and unfettered
discretion in determining whether or not space is available. No prisoner may be housed in the
Fife jail for a longer period of time than is authorized by state law. Fife reserves the right to
refuse to accept a prisoner, or to continue to house a prisoner if the prisoner, in the opinion of
Fife personnel, has an illness or injury which may adversely affect Jail operations, presents a
substantial risk of escape, or is a threat to the safety or general welfare of Fife personnel or
other prisoners. If Fife requests that a prisoner be removed then Auburn shall remove the
prisoner within one hour after being notified that the prisoner must be removed.
9. Health Care.
A. Fife will be responsible for arranging for such medical, mental and dental
treatment for prisoners as may be necessary to safeguard the prisoners' health while housed in
the Jail. Fife does not have medical health care workers on staff, thus, Fife will arrange for all
medical health care services to be provided by contract with an outside agency. Auburn shall
be responsible for all medical, dental or mental health costs incurred by or on behalf of a
Auburn prisoner, including but not limited to prescriptions, appliances, supplies, emergency
transport, hospitalization and health care professional service charges.
B. If Fife becomes aware that a Auburn prisoner is in need of medical health
care requiring the assistance of a medical health care services provider, then Fife shall make
reasonable effort to notify Auburn prior to obtaining said service. If Auburn is contacted and
does not authorize Fife to obtain the service, then Auburn shall within one hour pick up the
prisoner from the Jail. Provided, in the case of emergency, Fife may notify Auburn after the
service has been provided.
C. Upon payment to Fife by Auburn for the prisoner's health care expense, Fife
will assign to Auburn, if requested by Auburn, any and all right to reimbursement for medical
expenses authorized under RCW 70.48.130.
D. Fife shall keep adequate record of all services provided under the terms of
this paragraph and will allow Auburn to review those records upon request.
Jail Services Agreement
Between Fife and Auburn
Fife
Auburn
10. Cost for Services.
A. Auburn shall pay to Fife, within 30 days of being invoiced by Fife, the cost for
housing and providing health care to a Auburn prisoner. The cost for housing a Auburn
prisoner shall be $65.00 per day, or any po~ion thereof. A day shall be a calendar day. This
rate may be increased from time to time by Fife providing written notice to Auburn at least 90
days before the effective date of the proposed increase.
B. Auburn shall pay to Fife, within 30 days of being invoiced by Fife, a portion of
the booking fee authorized by RCW 70.48.390. The Auburn portion of the booking fee shall be
$20.00
C. The daily rate or the portion of the booking fee charged to Auburn may be
increased from time to 'time by Fife upon providing written notice to Auburn at least 90 days
before the effective date of the proposed increase.
11. Accountina. Fife shall provide a monthly summary to the appropriate officers of
Auburn, setting forth in detail the number of prisoner days and number of bookings for which
Auburn was responsible in the preceding month, including the prisoners and the costs incurred
for each prisoner pursuant to the terms of this agreement. Auburn, upon reasonable notice and
during regular business hours, shall have the right to review all books of accounts, dockets, and
records of Fife pertaining to the confinement of Auburn prisoners.
12, Defense and Indemnity Aqreement.
A. Fife agrees to indemnify and hold Auburn harmless, including attorneys fees
and other costs of defense, from any and all claims, of whatsoever kind or nature, arising from
acts or omissions of Fife, its officers, or employees in operating the Jail, provided said claim
does not arise out of or in any way result from any intentional, willful or negligent act or
omission on the part of Auburn or any officer, agent or employee thereof.
B. Auburn agrees to indemnify and hold Fife harmless, including attorneys fees
and other costs of defense, from any and all claims, of whatsoever kind or nature, arising from
acts or omissions of Auburn, its officers, or employees, including, but not limited to claims
alleging false imprisonment for any Auburn prisoner, unless said claim for false imprisonment
arises for imprisonment after Fife has been directed by Auburn to release a Auburn prisoner
and Fife fails to do so.
13. Insurance. Each party shall provide the other, upon request, with evidence of
insurance coverage, in the form of a certificate of insurance from a solvent insurance provider
and/or letter confirming coverage from a solvent insurance pool, which is sufficient to address
the insurance and indemnification obligations set forth in this Agreement. Each party shall
maintain coverage with minimum liability limits of two million dollars ($2,000,000.00) per
occurrence and two million dollars ($2,000,000.00) in the aggregate for its liability, errors and
omissions, motor vehicle liability and police professional liability. The insurance policy, or
insurance pool agreement shall provide for coverage on a "per occurrence" basis.
Jail Services Agreement
Between Fife and Auburn
Fife
Auburn
14. Remedies. No waiver of any right under this agreement shall be effective unless
made in writing by the authorized representative of the parties to be bound thereby. Failure to
assist upon full performance on anyone 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 notice of a deficiency in performance constitute an acquiescence thereto.
Disputes shall be referred to the Fife City Manager and Auburn's Chief Executive
Officer for mediation and/or settlement. If not resolved by them within sixty (60) days, either
party may apply to the presiding Judge of the Superior Court of Pierce County, Washington, for
appointment of a conciliator. The Conciliator shall assume the functions of an arbitrator of the
dispute after a reasonable effort at conciliation fails, should the amount involved in the dispute
and application of the principle at issue in future years entail expenditures or appropriations of
One Hundred Thousand Dollars ($100,000) or less. Each party shall pay one-half (1/2) of a
-conciliator's fee and expenses.
15. Written Notices. All Notices required by this Agreement shall be considered
properly delivered (1) when personally delivered, or (2) when transmitted by facsimile showing
date and time of transmittal, or (3) on the day following mailing, postage prepaid, certified mail,
return receipt requested, or (4) one (1) day after depositing in overnight carrier, e.g. Federal
Express to: FIFE: City Manager Steve Worthington
City of Fife
5411 23rd Street East
Fife, WA 98424
With a copy to:
Chief of Police
City of Fife Police Department
3737 Pacific Highway East
Fife, W A 98424
Loren D. Combs
McGavick Graves, P.S.
P.O. Box 1317
Tacoma, WA 98401-1317
AUBURN:
16. Entire Agreement. This agreement constitutes the entire agreement between the
parties and represents the entire understanding of the parties hereto. .It supersedes any oral
representations that are inconsistent with or modify its terms and conditions.
17. Invalid Provisions. Should any provisions of this agreement be held invalid, the
remainder of the agreement shall remain in effect.
Jail Services Agreement
Between Fife and Auburn
Fife
Auburn
18. Governina Law. Except where expressly provided otherwise, the laws and
administrative rules of the State of Washington shall govern in any matter relating to a
prisoner's confinement pursuant to this Agreement. Jurisdiction and venue shall be in Pierce
County Superior Court.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the _
day of I 200_.
FIFE
AUBURN
Title
City Manager
ATTEST:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Loren D. Combs, City Attorney
Jail Services Agreement
Between Fife and Auburn
Fife
Auburn
AGREEMENT BETWEEN OKANOGAN COUNTY,
WASHINGTON AND THE CITY OF
WASHINGTON, FOR THE HOUSING OF INMATES IN
THE OKANOGAN COUNTY JAIL
THIS AGREEMENT is made and entered into on this day of 2003 by and
between the City of , hereinafter referred to as "The City", and the Board of County
Commissioners of Okanogan County, Washington, hereinafter referred to as "Okanogan
County", each party having been duly organized and now existing under the laws of the State of
Washington.
WITNESSETH:
WHEREAS, Okanogan County is authorized by law to operate a jail and the City of
is authorized by law to operate ajail; and
WHEREAS, the City wishes to designate the Okanogan County jail as a place of
confinement for the incarceration of one or more inmates lawfully committed to the City's
custody; and
WHEREAS, the Director of the Corrections Facility of Okanogan County is desirous of
accepting and keeping in hislher custody such inmate(s) in the Okanogan County jail for a rate of
compensation mutually agreed upon by the parties hereto; and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any
county to contract with any city to perform any governmental service, activity or undertaking
which each contracting jurisdiction is authorized by law to perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter
into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington
law, as amended,
NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments
to be made, the mutual promises and covenants herein contained, and for other good and
valuable consideration, the parties hereto agree as follows:
Section 1.
GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter
relating to inmate confinement pursuant to this Agreement.
Section 2.
DURATION
This Agreement shall remain full force and effect from the effective date hereto until December
31, 2008, subject to earlier termination as provided by Section 3 herein. This Agreement may be
renewed for like successive periods by written addendum under such terms and conditions as the
{JBT544959.DOC; 1/00006.900 1601}
parties may determine. Nothing in this Agreement shall be construed to make it necessary for the
City to have inmates housed in Okanogan County continuously.
Section 3.
TERMINATION
(a) By either party. This Agreement may be terminated by written notice from
either party to the other party delivered by regular mail to the contact person identified herein,
provided that termination shall become effective ninety (90) days after receipt of such notice.
Within said ninety (90) days, the City agrees to remove its inmate(s) from the Okanogan County
jail.
(b) By the City due to lack of funding. The obligation of the City to pay
Okanogan County under the provision of this Agreement beyond the current fiscal year is
expressly made contingent upon the appropriation, budgeting, and availability of sufficient funds
by and from the City of . ill the event that such funds are not budgeted, appropriated or
otherwise made available for the purpose of payment under this Agreement at any time after the
current fiscal year, then the City shall have the option of terminating the Agreement upon written
notice to Okanogan County, except that all services provided to that point shall be compensated
at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to
be charged to the City.
(c) Compensation Due for Services Rendered. In the event of termination of
this Agreement for any reason, the City shall compensate Okanogan County in the same manner,
and at the same rates as if this Agreement had not been terminated, should any City inmates
remain housed by Okanogan County after notice of such termination.
Section 4.
MAILING ADDRESSES
(a) All notices, reports, and correspondence to the respective parties of this
Agreement shall be sent to the attention of the following people, except as set forth in (b) below:
Okanogan County:
Okanogan County Corrections
Street 149 4th Ave N
City Okanogan, W A 98840
Contact Person: Noah Stewart
City of:
City of , WA
(b) Contact Person: Notification related to the Medical, Removal, Escape, or
Death clauses herein shall be given by facsimile with a follow up telephone call to:
B
Section 5.
COMPENSATION
{JBT544959. DOC; 1/00006.900 160/}
(a) Rates. Except as provided in subsection (b), Okanogan County agrees to
perfonn at no transport cost to the City, one (I) transport per week between the Okanogan
County Corrections Facility and the City Jailor such other location as designated by the
City in order to transport Burlington inmates to and from the City, and to house the City inmates
for compensation per day per inmate, at the rate of forty dollars ($42.00) per day.
(b) Billing and payment. Okanogan County agrees to provide the City with an
itemized bill listing all names of inmates who are housed, the case or citation number, the
number of days housed including the date and time booked into Okanogan County's jail and the
date and time released from Okanogan County's jail, and the dollar amount due for each.
Okanogan County agrees to provide said bill on or about the 10th of each month. The City agrees
to make payment to Okanogan County on or about thirty (30) days from the date the bill is
received. '
Section 6.
RIGHT OF INSPECTION
The City shall have the right to inspect but not the duty of, at all reasonable times, all Okanogan
County jails in which inmates of the City are confined in order to determine if such jail maintains
standards of confinement acceptable to the City and that such inmates therein are treated equally
regardless of race, religion, color, creed or national origin. Okanogan County shall be obligated
to manage, maintain and operate its facilities consistent with all applicable federal, state and
local laws and regulations.
Section 7.
INMATE ACCOUNTS
Okanogan County shall establish and maintain an account for each inmate received from the City
and shall credit to such account all money which is received and shall make disbursements,
debiting such account in accurate amounts for the inmate's personal needs. Disbursements shall
be made in limited amounts as are reasonably necessary for personal maintenance. Okanogan
County shall be accountable to the City for such inmate funds. At either the termination of this
Agreement, the inmate's death, release from incarceration or return to either the City or indefinite
release to the court, the inmate's money shall be transferred to the inmate's account in care of the
City. If requested by the City, Okanogan County Corrections will return said inmate
reimbursement to the City in the form of a check in the name of each inmate eligible for said
reimbursement.
Section 8.
RESPONSIBILITY FOR INMATE'S CUSTODY
(a) It shall be the responsibility of Okanogan County to confine the inmate or
inmates; to provide treatment, including the furnishing of subsistence ~d all necessary medical
and hospital services and supplies; to provide for the inmates' physical needs; to make available
to them programs and/or treatment consistent with their individual needs; to retain them in said
custody; to supervise them; to maintain proper discipline and control; to make certain that they
receive no special privileges and that the sentence and orders of the committing court in the State
are faithfully executed; provided that nothing herein contained shall be construed to require
Okanogan County, or any of its agents, to provide treatment, facilities or programs for any
{JBT544959 .DOC; 1 /OOOO6.900160/f
inmates confined pursuant to this Agreement, which it does not provide for similar inmates not
confined pursuant to this Agreement.
(b) Except as provided in Section 12, it is expressly understood that Okanogan
County shall not be authorized to transfer custody of any inmate confined pursuant to this
Agreement to any party other than the City, or to release any inmate from custody without
written authorization from the committing court.
Section 9.
MEDICAL SERVICES
(a) Inmates from the City shall receive such medical, psychiatric and dental
treatment as may be necessary to safeguard their health while housed in the Okanogan County
jail. Okanogan County shall provide or arrange for the providing of such medical, psychiatric,
and dental services., the City shall pay directly or reimburse Okanogan County for all costs
associated with the delivery of medical services, or any emergency and/or major medical service,
provided to the City inmates.
(b) Okanogan County shall keep an adequate record of all such services. The
City will be able to review at its request any medical or dental services of major consequence, in
accordance with applicable law, including but not limited to HIPP A. Okanogan County will
report to the City any medical or dental services of a major consequence as soon as is practical.
(c) Should medical or dental services require hospitalization, the City agrees
to compensate Okanogan County dollar for dollar any amount expended or cost incurred in
providing the same; provided that, except in emergencies, the City will be notified either by
phone or fax prior to the inmate's transfer to a hospital and nothing herein shall preclude the City
from retaking the ill or injured inmates.
Section 10. DISCIPLINE
Okanogan County shall have physical control over and power to execute disciplinary authority
over all inmates of the City. However, nothing contained herein shall be construed to authorize
or permit the imposition of a type of discipline prohibited by state or federal law or the
imposition of a type of discipline that would not be imposed on an inmate who is not confined
pursuant to this contract.
Section 11. RECORDS AND REPORTS
(a) Before or at the time of delivery of each inmate, the City shall forward to
Okanogan County a copy of all inmate records pertaining to the inmate's present incarceration at
the Burlington City Jail. If additional information is requested regarding a particular inmate, the
parties shall mutually cooperate to provide any additional information.
(b) Okanogan County shall keep all necessary and pertinent records
concerning such inmates in the manner mutually agreed upon by the parties hereto. During an
inmate's confinement in Okanogan County, the City shall, upon request, be entitled to receive
and be furnished with copies of any report or record associated with said inmate's incarceration.
I JBT544959. DOC; I /00006.900 \60/1
Section 12. REMOVAL FROM THE JAIL
Except for eligible inmates for correctional work details and under the direct supervision of a
corrections officer, an inmate of the City legally confined in Okanogan County shall not be
removed therefrom by any person without written authorization from the City or by order of any
court having jurisdiction. Okanogan County agrees that no early releases or alternatives to
incarceration, including furloughs, passes, home detention, or Work Release shall be granted to
any inmate housed pursuant to this Agreement without written authorization by the committing
court. This paragraph shall not apply to an emergency necessitating the immediate removal of
the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an
eminent danger to the safety of the inmate or to the inmates or personnel of Okanogan County. In
the event of any such emergency removal, Okanogan County shall inform the City of the
whereabouts of the irini.ate or inmates so removed, at the earliest practicable time, and shall
exercise all reasonable care for the safe keeping and custody of such inmate or inmates.
Section 13. ESCAPES
In the event any City inmate shall escape from Okanogan County's custody, Okanogan County
will use all reasonable means to recapture the inmate. The escape shall be reported immediately
to the City. Okanogan County shall have the primary responsibility for and authority to direct the
pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection
therewith shall be chargeable to and borne by Okanogan County; however, Okanogan County
shall not be required to expend unreasonable amounts to pursue and return inmates from other
states or other counties.
Section 14. DEATH OF AN INMATE
(a) In the event of the death of a City inmate, the Okanogan County coroner
shall be notified. The City shall receive copies of any records made at or in connection with such
notification. Okanogan County will investigate any death within its facility and will allow the
City to join in on the investigation.
(b) Okanogan County shall immediately notify the City of the death of a City
inmate, furnish information as requested and, subject to the authority of the Okanogan County
coroner, follow the instructions of the City with regard to the disposition of the body. Written
notice shall be provided within three-week calendar days of receipt by the City of notice of such
death. All expenses relative to any necessary preparation of the body and shipment charges shall
be paid by the City. With the City's consent, Okanogan County may arrange for burial and all
matters related or incidental thereto, and all such expenses shall be paid by the City. The
provisions of this paragraph shall govern only the relations between or among the parties hereto
and shall not affect the liability of any relative or other person for the disposition of the deceased
or for any expenses connected therewith.
(c) The City shall receive a certified copy of the death certificate for any of its
inmates who have died while in Okanogan County custody.
Section 15. RETAKING OF INMATES
(JBT544959 .DOC; 1/00006.900 160/)
In the event the confinement of any City inmate is terminated for any reason by either party,
retaking of inmates shall be coordinated in the same manner and at the same rates as if this
Agreement had not been terminated, or in a manner as agreed in writing by the parties.
Section 16. HOLD HARMLESS AND INDEMNIFICATION
(a) The City shall defend, indemnify and hold harmless Okanogan County, its
officers, agents and employees from any claim, cost, judgment or damages, including attorneys'
fees, arising from any City action or proceeding involving the confinement of any inmates from
the City in Okanogan County: provided that'this subsection shall not apply to any such claim,
cost, judgment or damage that arises out of or in any way results from any allegations of any
intentional, willful or negligent act or omission on the part of Okanogan County or any officer,
agent or employee thereOf.
(b) Okanogan County shall defend, indemnify and hold harmless the City, its
officers, agents and employees from any claim, cost, judgments or damages, including attorneys'
fees, including third party claims, arising out of any action or omission of Okanogan County, its
officers, agents, independent contractors, or employees while City inmates are in the custody of
Okanogan County, or for any wrongful release of inmates placed in their custody, or for any
claim by its employees, agents or independent contractors that may be asserted against the City
in performing this Agreement.
(c) An inmate shall become the responsibility of Okanogan County at the
point that the inmate(s) is booked into Okanogan County jail or when the inmate(s) has been
released to the care, custody and control of Okanogan County, including without limitation the
point at which Okanogan County, or its agents, picks up inmates or transports inmates as in
Section 5, whichever occurs first. Okanogan County shall hold the City harmless under the
terms of this section for all claims arising out of the detention of the inmate(s). Accordingly,
Okanogan County shall be held harmless by the City under the terms of this Agreement, for
claims arising out of the arrest of the inmate(s), or arising out of any situation occurring prior to
the time that Okanogan County assumes responsibility for the inmate(s).
Section 17. INSURANCE
(a) Each party agrees to provide the other with evidence of insurance
coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a
letter confirming coverage from a solvent self insurance pool, which is sufficient to address the
insurance and indemnification obligations set forth in this Agreement.
(b) Each party shall obtain and maintain coverage in minimum liability limits
of one million dollars ($1,000,000) per occurrence and two million dol1ars ($2,000,000) in the
aggregate for its liability exposures, including comprehensive general liability, errors and
omissions, auto liability and police professional liability. The insurance policy shall provide
coverage for those events that occur during the term of the policy, despite when the claim is
made. For the purpose of this paragraph, membership in a self insurance risk pool that provides
coverage with limits that are no les than the police, and limits identified above shall satisfy the
requirements of this.
{JBT544959. DOC; 1/00006.900 160/}
Section 18. RIGHT TO REFUSE INMA TE(S)
(a) Okanogan County shall have the right to refuse to accept any inmate from
the City when, in the opinion of Okanogan County, its inmate census is at capacity or so near
capacity that there is a substantial risk that, through usual operation of the jail, the reasonable
operational capacity limits of the jail might be reached or exceeded.
(b) Okanogan County shall further have the right to refuse to accept any
inmate from the City who, in the judgment of Okanogan County, has a current illness or injury
which may adversely affect the operations of the Okanogan County jail, has a history of serious
medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to
other persons or property.
(c) Except as provided in Section 5 (a) and (b), Okanogan County shall
further have the right to refuse to keep any inmate from the City as provided in Section 18 of
subsection (b), and any transport returned to the City as a result of Section 18 shall be at the
expense of the City unless otherwise agreed upon in writing.
Section 19. MISCELLANEOUS
In providing services under this contract, Okanogan County is an independent contractor and
neither it nor its officers, agents or employees are employees of the City for any purpose,
including responsibility for any federal or state tax, industrial insurance or Social Security
liability. Neither shall the provision of services under this contract give rise to any claim of
career service or civil service rights, which may accrue, to an employee of the City under any
applicable law, rule or regulation.
Section 20. FINANCING
There shall be no financing of any joint or cooperative undertaking pursuant to this Interlocal
Agreement. There shall be no budget maintained for any joint or cooperative undertaking
pursuant to this Agreement.
Section 21. PROPERTY
This Interlocal Agreement does not provide for the acquisition, holding or disposal of real or
personal property.
Section 22. JOINT ADMINISTRATIVE BOARD
No separate legal or administrative entity is created by this Agreement. To the extent necessary,
this Interlocal Agreement shall be administered by the City Administrator for the City of
or his/her designee, and the Chainnan of the Okanogan County Board of Commissioners, or
his/her designee.
IN WITNESS WHEREOF, the above and foregoing Agreement as been executed in
duplicate by the parties hereto and made effective on the day and year first above written:
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DATED at Okanogan, Washington this _ day of
2004.
CITY OF
BOARD OF COUNTY COMMISSIONERS
OKANOGAN, WASHINGTON
By:
Mary Lou Peterson, Chairman
A TTESTI AUTHENTIC;A TED:
Andrew Lampe, Member
By:
Don Hover, Member
APPROVED AS TO FORM:
ATTEST:
City Attorney
Brenda J. Crowell, Clerk of the Board
OKANOGANCOUNTYSHERWF
APPROVED AS TO FORM:
By:
Frank Rogers, Sheriff
Heidi Appel, Civil Deputy
(JBT544959 .DOC; 1/00006.900 160/)
INTERLOCAL AGREEMENT BETWEEN THE CITY OF PUY ALL UP,
WASHINGTON AND CITY OF STEILACOOM, WASHINGTON, FOR
THE HOUSING OF INMATES IN THE PUY ALLUP CITY JAIL
This agreement is between the City of Puyallup, a municipal corporation of the
State of Washington (hereinafter "Puyallup") and City of Steilacoom, a municipal
corporation of the State of Washington (hereinafter "Steilacoom").
Recitals
WHEREAS, Pursuant to RCW 70.48.190, Puyallup is authorized by law to have charge
and custody of the Puyallup Jail inmates; and
WHEREAS, RCW 70.48.090, authorizes cities and counties to enter into interlocal
agreements for the provision of jail services; and
WHEREAS, RCW 39.34.080 and other Washington law, authorizes any public agency to
contract with any other county or city to perform any governmental service, activity or
undertaking which each contracting county or city is authorized by law to perform; and
WHEREAS, Steilacoom wishes to designate the Puyallup Jail as a place of confinement
for the incarceration of one or more inmates lawfully committed to its custody; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter
into this Agreement as authorized and provided for by RCW 39.34.080, RCW 70.48.090 and
other Washington law, as may be amended,
NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments
to be made, the mutual promises and covenants herein contained, and for other good and
valuable considerations, the parties hereto agree as follows:
Aereement
1. GOVERNll{G LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter
relating to inmate confinement pursuant to this Agreement.
2. DURATION
This Agreement shall be effective the date of execution and continue through December
31,2005. This Agreement shall automatically renew for one-year periods unless either Puyallup
or Steilacoom, provide notice of termination as provided in Section 3 of this Agreement.
3. TERMINATION
(a) By either party. This Agreement may be terminated by written notice from either
party to the other party delivered by regular mail to the contact person identified herein, provided
that termination shall become effective sixty (60) calendar days after receipt of such notice.
InterlocaI Agreement
For the Housing of Inmates in
the Puyallup City Jail - page I of?
Notice will be presumed received 3 working days after the notice is posted in the mail. Within
said sixty (60) days, Steilacoom agrees to remove its inmates(s) from the Puyallup Jail.
(b) In the event of tem1ination of this Agreement for any reason, Steilacoom shall
compensate Puyallup for inmates housed by the Puyallup Jail after notice of termination until
Steilacoom retakes its inmates in the same manner and at the same rates as if this agreement had
not been terminated.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall
be sent to the following:
City ofPuyallup:
Chief of Police
Puyallup Police Department
311 W Pioneer
Puyallup, Washington 98055
Contact:
Correction Lieutenant Edward K. Shannon
City of Steilacoom
Mayor/City Manager
Print Name:
Contact:
Print Name and Title:
5. COMPENSATION
(a) Rates. Puyallup agrees to accept and house inmates at the rate of $65.00 per day
in 2005. The parties agree that Puyallup shall charge a separate booking fee in addition to such
rate that is charged to the inmate at the time of booking. If any balance of the booking fee
remains due at the time the inmate is discharged, Steilacoom agrees to pay such amount.
(b) Minimum Daily Rate. Steilacoom agrees that the daily rate will be consistent
with the daily rate charged by Yakima County plus any additional charges that Puyallup may
assess based upon total correctional and insurance costs.
(c) Billing and Payment. Puyallup agrees to provide Steilacoom with an itemized bill
listing all names of inmates who are housed, the number of days housed (including date of
booking and date of releases), and the dollar amount due for each. Puyallup agrees to provide
said bill by the 30th of each following month. Steilacoom agrees to make payment to Puyallup
within 30 days of receipt of such bill for the amount billed for the previous calendar month.
6. SERVICES PROVIDED
(a) Puyallup agrees to provide jail services and alternative incarceration programs for
gross misdemeanor/misdemeanor inmates for those offenses that have been committed by adults
within Steilacoom.
(b) Steilacoom inmates will automatically be screened for Home Detention unless
expressly prohibited by the sentencing court.
Interlocal Agreement
For the Housing of Inmates in
the Puyal1up City Jail - page 2 of 7
(c) Inmates will be billed directly for Home Detention services and Steilacoom will
not be obligated to pay Home Detention fees.
7. RESPONSIBLIILTY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Puyallup to confine the inmate or irunates; to provide
treatment, including the furnishing of subsistence and all necessary medical and hospital services
and supplies; to provide for inmates' physical needs; to retain them in said custody; to supervise
them; to maintain proper discipline and control; to make certain that they receive no special
privileges and that the sentence and orders of the committing court in the State are faithfully
executed; provided that nothing herein contained shall be construed to require Puyallup, or any
of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to
this Agreement, which it does not provide for similar inmates not confined pursuant to this
Agreement. It shall also be the responsibility of Puyallup to calculate "good time" accrued in
and subsequent release of the inmate in accordance with the Puyallup's standard practice and
procedure. Steilacoom agrees to be bound by Puyallup's standard practice and procedures
related to inmates housed at the Puyallup Jail.
8. RIGHT TO REFUSAL
(a) Puyallup shall have the right to refuse to accept any inmate from Steilacoom
when, in the opinion of Puyallup, its inmate population is at capacity or so near capacity that
there is a substantial risk that, through usual operation of the jail, the reasonable operational
capacity limits of the jail might be reached or exceeded.
(b) Puyallup shall further have the right to refuse. to accept any inmate from
Steilacoom who, in the judgment of Puyallup, has a current illness or injury which may
adversely affect the operations of the Puyallup Jail, has history of serious medical problems,
presents a substantial risk of escape, or presents a substantial risk of injury to other persons or
property or themselves.
9. HOUSING DECISIONS
In order to manage its jail population, Puyallup reserves the right to decide where
Steilacoom's inmate(s) will be housed. In the event that Steilacoom's inmate is transferred to
any county jail facility, Steilacoom's obligation to pay the daily rate to Puyallup will cease and
Steilacoom's obligation to pay the daily rate to holding county will be governed by Steilacoom's
contract with that county.
10. RETAKING OF INMATES
Upon request from Puyallup, Steilacoom shall, at its expense, retake any Steilacoom"s
inmate within twelve (12) hours after receipt of such request. In the event the confinement of
any Steilacoom inmate is terminated for any reason, Steilacoom, shall, at its expense, retake such
inmate from Puyallup.
11. COpy OF ARREST WARRANT OR CIT AnON AND BAIL SCHEDULE
Steilacoom law enforcement officers placing Steilacoom misdemeants charged inmates in
the Puyallup Jail shall, in every instance, first furnish an arrest warrant or citation to the Puyallup
Jail upon booking of an inmate. Steilacoom is also responsible for providing Puyallup Jail with a
complete bail schedule no later than January I of each year.
12. TRANSPORTATION
Interlocal Agreement
For the Housing of Inmates in
the Puyallup City Jail - page:} of 7
Steilacoom's inmates incarcerated in Puyallup pursuant to this Agreement shall be
transported to Puyallup by and at the expense of Steilacoom and shall be returned, if necessary,
to Steilacoom by Steilacoom personnel and at Steilacoom's expense. Puyallup is not responsible
for transportation of Steilacoom's inmates under this Agreement and shall be reimbursed by
Steilacoom for any actual expense incurred in transport of an irunate if, in fact, transportation of
an irunate by Puyallup becomes necessary including if the transport was a result of a warrant, or
medical appointment.
13. RECORDS AND REPORTS
(a) Steilacoom shall forward to Puyallup before or at the time of delivery of each
inmate a copy of all inmate records pertaining to the inmate's present incarceration at other
correctional facilities. If additional information is requested regarding a particular inmate, the
parties shall mutually cooperate to provide any additional information.
(b) Puyallup'shall keep all necessary and pertinent records concerning such inmates
incarcerated in Puyallup Jail. During an inmate's confinement in Puyallup, Steilacoom shall
upon request, be entitled to receive and be furnished with copies of any report or record
associated with said inmates(s) incarceration, as may be permitted by law.
14. MEDICAL TREATMENT
(a) Inmates from Steilacoom shall receive such medical, psychiatric and dental
treatment as may be necessary to safeguard their health while housed in the Puyallup Jail and
Steilacoom will be responsible for payment of such in accordance with Puyallup's standard
practices and procedures. Any amount left owing, not paid by inmate, shall be paid by
Steilacoom. Puyallup shall provide or arrange for the provision of such medical, psychiatric and
dental services. Routine minor medical services, which includes those health care services
routinely delivered at normal cost by Puyallup staff, contracted physicians, or nursing staff and
delivered within the facility, Steilacoom shall pay directly or reimburse Puyallup for all costs
associated with the delivery of any additional medical services including prescriptions,
diagnostic testing, emergency and/or major medical service provided to Steilacoom inmates.
(b) An adequate record of all such services shall be kept by Puyallup in accordance
with HIP AA regulations for Steilacoom's review at its request. Any medical or dental services
of major consequence shall be reported to Steilacoom as soon as time permits.
(c) Should medical or dental services require hospitalization, Steilacoom agrees to
compensate Puyallup dollar for dollar any amount expended or cost incurred in providing the
same; provided that, except III emergencies, Steilacoom will be notified by
contacting at prior to the inmate's transfer to a hospital and
nothing herein shall preclude Steilacoom from retaking the ill or injured inmate. Steilacoom is
responsible for providing security during any period of hospitalization.
15. DISCIPLINE
Puyallup shall have physical control over and power to exercise disciplinary authority
over all inmates of Steilacoom. However, nothing contained herein shall be construed to
authorize or permit the imposition of any type of discipline prohibited by the laws of the State of
Washington.
16. REMOVAL FROM THE JAIL
An inmate from Steilacoom legally confined in Puyallup shall not be removed therefrom
by any person except:
Interlocal Agreement
For the Housing of Inmates in
the Puyallup City Jail- page 4 of7
(a) When requested by Steilacoom Police Department in writing authorizing such
release.
(b) By order of Steilacoom court in those matters in which it has jurisdiction, or upon
order of the Pierce County District Court or the Pierce County Superior Court in those matters in
which said courts have jurisdiction.
(c) For appearance in the court in which a Steilacoom inmate is charged.
(d) In compliance with a Writ of Habeas Corpus.
(e) For interviews by Steilacoom Attorney or member of Steilacoom Police
Department.
(f) If the prisoner has served his sentence, or the charge pending against said inmate
has been dismissed, or bailor other recognizance has been posted as required by the courts.
(g) For other scheduled court appearances, including those for which they are not
being held.
17. ESCAPES
In the event any Steilacoom inmate shall escape from Puyallup's custody, Puyallup will
use all reasonable means to recapture the inmate. The escape shall be reported immediately to
Steilacoom. Puyallup shall have the primary responsibility for and authority to direct the pursuit
and retaking of the inmate or inmates within its own jurisdiction. Any cost in connection
therewith shall be chargeable to and borne by Puyallup, however, Puyallup shall not be required
to expend unreasonable amounts to pursue escaped inmates beyond their jurisdiction.
18. DEATH OF AN INMATE
(a) In the event of the death of a Steilacoom inmate, Puyallup shall notify the Pierce
County Medial Examiner. Steilacoom shall receive copies of any records made at or in
connection with such notification.
(b) Puyallup shall immediately notify Steilacoom of the death of a Steilacoom
inmate, furnish information as requested and follow the instructions of Steilacoom with regard to
the disposition of the body. The body shall be released to the Medical Examiner. All expenses
relative to any necessary preparation of the body and shipment charges shall be paid by
Steilacoom. With Steilacoom's consent, Puyallup may arrange for burial and all matters related
or incidental thereto, and all such expenses shall be paid by Steilacoom. The provisions of this
paragraph shall govern only the relations between or among the parties hereto and shall not
affect the responsibility or liability of any relative or other person for the disposition of the
deceased or any expenses connected therewith.
(c) Steilacoom shall receive a certified copy of the death certificate for any of its
inmates who have died while in Puyallup custody.
19. DISPUTE BETWEEN STEILACOOM AND PUY ALLUP
Should a dispute arise as to the levels of compensation between Steilacoom and Puyallup, such
dispute shall be progressively resolved in the following manner:
1) Through negotiations between Steilacoom and Puyallup's respective contacts;
2) Through negotiations between the Mayors; or
3) In the event that Steilacoom and Puyallup do not reach agreement within 90 days
of commencing negotiations, the matter will be submitted to a mediator and an arbitrator as
detailed below.
Interlocal Agreement
For the Housing of Inmates in
the Puyallup City Jail. page 5 of?
Puyallup and Steilacoom may mutually agree to extend the negotiation period. However, if a
dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle
the dispute in an amicable manner by mediation administered by a mediator under JAMS
Alternative Dispute Resolution service rules or policies before resorting to arbitration. The
mediator may be selected by agreement of the parties or through JAMS. Following mediation,
or upon written contract of the parties to waive mediation, any unresolved controversy or claim
arising from or relating to this Agreement or breach thereof shall be settled through arbitration
which shall be conducted under JAMS rules or policies. The arbitrator may be selected by
agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration
shall be borne by the parties equally. However, each party shall bear the expense of its own
counsel, experts, witnesses, and preparation and presentation of evidence.
20. INSURANCE'
(a) Each party agrees to provide the other with evidence of insurance coverage, in the
form of a certificate of insurance from a solvent insurance provider and/or a letter confirming
coverage from a solvent insurance pool, which is sufficient to address the insurance and
indemnification obligation set forth in the Agreement;
(b) Each party shall obtain and maintain coverage in minimum liability limits of one
million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the
aggregate for its liability exposures, including comprehensive general liability, errors and
omissions, auto liability and police professional liability. The insurance policy shall provide
coverage for those events that occur during the term of the policy, despite when the claim is
made.
21. HOLD HARMLESS AND INDEMNIFICATION
Puyallup will assume the liability for the custody and care of Steilacoom's inmates once
they have been delivered to Puyallup and Steilacoom's officer has left the "sally port." Puyallup
shall defend, indemnify and hold Steilacoom, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney
fees, arising out of or in connection with the performance of this Agreement, except for injuries
and damages caused by the sole negligence of Steilacoom. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of Puyallup and Steilacoom, its officers, officials,
employees, and volunteers, Puyallup's liability hereunder shall be only to the extent of
Puyallup's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes Puyallup's waiver of immunity under fudustrial
Insurance, Title 51 RCW, solely for the purpose of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination ofthis Agreement.
22. INDEPENDENT CONTRACTOR
In providing services under this Agreement, Puyallup is an independent contractor and
neither it, nor its officers, officials, agents or employees are employees of Steilacoom for any
purpose, including responsibility for any federal or state tax, industrial insurance, or Social
Security liability. Neither shall the provision of services under this agreement give rise to any
Interlocal Agreement.
For the Housing of Inmates in
the Puyallup City Jail - page 6 of 7
claim or career service or civil service rights, which may accrue to an employee of Steilacoom
under any applicable law, rule or regulation.
23. PROPERTY DISTRIBUTION UPON DISSOLUTION
The terms of this Agreement do not contemplate the acquisition of any property.
However, in the event any property is acquired for the performance of this Agreement, upon
termination of this Agreement said property will be sold and the proceeds will remain with
Puyallup.
24. CONCURRENT ORIGINALS
This Agreement may be executed in any number of counterparts, which counterparts
shall collectively constitute the entire Agreement.
25. ENTIRE AGREEMENT
The written provisions and terms of this Agreement, together with any attachments,
supersede all prior verbal statements by any representative of the parties, and those statements
shall not be construed as forming a part of or altering in any manner this Agreement. This
Agreement and any attachments contain the entire Agreement between the parties. Should any
language in any attachment conflict with any language contained in this Agreement, the terms of
this Agreement shall prevail.
26. SEVERABILITY
Should any provision of this Agreement be determined to be unenforceable by a court
of law, such provision shall be severed from the remainder of the Agreement, and such action
shall not affect the enforceability of the remaining provisions herein.
IN WITNESS WHEREOF, the parties below have executed this Agreement, and by
doing so, acknowledge that they have read this Agreement understand its terms, and enter
this Agreement in a knowing, intelligent, and voluntary manner.
CITY OF STEILACOOM
CITY OF PUY ALLUP
[Signature of authorized representative]
James C. Bacon Jr., City Manager
DATE:
[Print Name and Title]
DATE:
APPROVED AS TO FORM:
ATTEST:
Gary N. McLean, City Attorney
Barbara J. Price, City Clerk
F:\LEGAL\CIVIL\Police\Jail Contracts\Puyallup and Steilacoom Jail Contract.doc
Interlocal Agreement
For the Housing of Inmates in
the PuyaJlup City Jail - page 7 of7
AGREEMENT PROVIDING FOR THE PROVISION OF
JAIL SERVICES
BETWEEN THE CITY OF AUBURN
AND
PIERCE COUNTY
THIS AGREEMENT, made and entered into by and between the CITY OF
AUBURN, hereinafter referred to as the "CITY", and the COUNTY OF PIERCE,
heremafter referred to as the "COUNTY", under and pursuant to the provisions of
Chapter 70.48.090 of the Revised Code of Washington. This agreement supersedes any
prior agreements entered into between the parties herein with regard to the terms and
provisions set form below.
WITNESSETH:
WHEREAS, the COUNTY presently maintains the Pierce County Jail within the
County-City Building in the City of Tacoma; and
WHEREAS, it is in the best interests of the citizens of the CITY and the COUNTY
that services and facilities of the Pierce County Detention and Corrections CenteTbe
made available by the COUNTY pursuant to RCW 70.48.090; .
NOW THERFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
1) Purpose: The COUNTY will undertake and does hereby covenant and agree
that, as to each person presented for booking in the County Jail by the City, the
County will perform all necessary services incident in the confinement,
detention, booking and safekeeping of such persons.
2) Term: This agreement shall be in force for ten (10) years beginning January 1,
2006e. It shall be extended automatically for a one-year period on the
anniversary date unless the parties have provided notice of intent to abandon the
agreement. If either party desires to terminate the relationship created by this
agreement, they must provide not less than six months written notice to the other
party prior to the beginning of the calendar year.
3) Amendments: All provisions of this agreement, may be amended in writing at
any time by the mutual consent of the parties hereto and such amendments shall
take effect immediately. In the event of any conflict, mconsistency, or
incongruity between the provisions of this agreement and the provisions of the .
amendment, the provisions of the amendment shall in all respects govern and
control.
4) Services to be Provided by County: The COUNTY will provide detention and
corrections services equal to those provided to COUNTY inmates including
routine medical, pharmacy, mental health and dental treatment for all prisoners
within the Pierce County Jail. Such routine costs are included in the prisoner day
charge. Routine treatment is defined as those services which can be obtained
through health care providers within the Jail Clinic facility.
a. Any extraordinary or emergency medical expenses shall be the financial
responsibility of the City who delivered the inmate to the Pierce County Jail for booking.
The City will retain responsibility for the extraordinary medical costs (regardless of
misdemeanor or felony) until the individual booked in on felony charges are convicted
and then the County will be responsible for the costs. Extraordinary or emergency
medical expense is any expense beyond that \vhich is normally provided by the health
care providers and/or security staff within the Jail facility. This includes prescription
costs in excess of $1000 per City inmate booking. Extraordinary or emergency medical
expenses \-""ould include costs for transporting the City inmate by ambulance to a
hospital emergency room for medical care. Except in emergencies, the County shall
notify the City as far in advance as practicable prior to the City incurring costs as a result
of extraordinary medical, mental health or dental care.
b. The COUNTY shall be responsible for taking fingerprints and pictures of all
prisoners booked into the Pierce County Jail.
c. The County snail be responsible for guarding all prisoners, other than "CITY
PRISONERS" at outside medical facilities.
d. Tne CITY's police department prosecutors, and Municipal Court shall be
guaranteed reasonable access to jail detainees arrested by the City's Police
department.
e. Eacn party to this agreement retains the right to establish a temporary
holding facility during times of extreme emergency, and to contract with
other agencies for the provision of jail services.
5) CITY Prisoner: For tne purpose of this agreement, those prisoners considered to
be the responsibility of the CITY shall be defined as follows:
a) "CITY prisoner" means a person housed in fue jail following arrest by a CITY
police officer for a CITY ordinance violation, misdemeanor, or under a
CITY's Municipal Court warrant. The term "CITY Prisoner" shall apply
retroactively to those persons arrested by CITY Police Officers for violations
of State law who are detained in jail for violation of a Municipal Ordinance or
misdemeanor. It excludes a prisoner held under warrants of other
governments, and a prisoner detained after a CITY "hold" has been released.
b) The term "prisoner day" cost, for purposes of this agreement, shall include
all costs connected with the maintenance, care and custody, and health of the
inmate (excluding emergency and/or extraordinary care see section 4),
including meals, housing, clothing, insurance, administration, rent, personal
services for jail personnel, supplies, kitchen services, debt service, and any
other related services, including indirect costs, charges, capital reserve, Or
capital outlay, for the detention and corrections of said inmates.
c) Court escort services to appropriate court shall be separately charged. .
d) The "prisoner day" charge for the confinement and detention of a CITY
prisoner shall be applicable after said prisoner has been confined in jail for
five (5) hours within any twenty-four (24) hour period.
6) CITY Compensation: The CITY shall pay the COUNTY a booking fee, court
escort fee, extraordinary medical costs and a prisoner day cost as follows:
~ A booking fee (or SIP) shall be the amount established for the ensuing
calendar year by the County effective January 1, for all the functions with
booking and releasing a prisoner. It shall compensate the County for
registering, fingerprinting, photographing and initial screening of persons
presented for confinement, for inventorying and safekeeping their personal
property, for maintaining the jail register (book of arrests) and such other
booking functions as may be established by the State.
b) A Court Escort fee charge shall be that amount established for the ensuing
calendar year by the County effective January 1, for transporting the
prisoners to and from District Court 1.
c) A prisoner day fee shall be that amount established for the ensuing calendar
year by the County effective January 1, for the care and custody of prisoners.
d) The extraordinary medical costs are defined in Section 4)a. and will be billed
on a monthly basis.
e) The City will make payments within 30 days of the day in which it receives
the invoice.
f) As part of the monthly billing the County shall detail the number of prisoner
days, bookings, and escorts, an~medical costs for which the City was
responsible the previous month. The City Manager or his authorized
representative shall have the right to review all supporting records of the
County pertaining to the confinement of City prisoners.
g) The City shall be advised in writing 90 days in advance of any date a
fee/charge increase is to become effective.
7) Alternative site for incarceration of City Prisoners:
The City reserves the right to separately contract with another entity for the provision of
jail beds. In the event that the City contracts for such services the City will only pay to
the County for those services actually provided by the County (booking fees, actual
prisoner day costs, etc.). For example, should a City prisoner be booked into the County
Jail for transit to another jail, the County will charge only the booking fee unless the
prisoner otherwise incurs an actual prisoner day cost or other cost as provided herein.
8) Indemnification - Litigation:
a) The CITY 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, casts, expenses and damages of any nature whatsoever, by
reason of or arising out of any act or omission of the CITY, its officers, agents
and employees, or any of them, in arresting, detaining, charging or
transporting persons before presentment to and acceptance by the Jail or
thereafter while said persons are in custody of the CITY outside the Jail.
In the event that any suit based upon such a claim, action, loss or damage is
brought against the COUNTY, the CITY 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 government of public law is involved, and if final
judgment be rendered against the count, and its officers, agents and
employees, or any of them, or jointly against the county and the CITY and
their respective officers, agents and employees, or any of them, the CITY
shall satisfy the same.
b) The county shall indemnify and hold harmless the CITY 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 action or omission of the county, its officers, agents, and
employees, or any of them, in confining persons who have been presented to
and accepted by the jail from the CITY, its officers, agents and employees,
while said persons are in the Jail or in custody of the county outside the jail.
In the event that any suit based upon such a claim, action, loss or damage is
brought against the CITY, the COUNTY shall defend the same at its sole cost
and expense; provided, that the CITY retains the right to participate in said suit
if any principle of government or public law is involved, and if final judgment
be rendered against the CITY, and its officers, agents and employees, or
respective officers, agents and employees, or any of them, the county shall
satisfy the same.
9) Remedies: No waiver of any right under this agreement shall be effective unless
made in writing by the authorized representative of the parties to be bound
thereby. Failure to assist upon full performance on anyone 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 notice of a deficiency in
performance constitute an acquiescence thereto.
Disputes shall be referred to the City Manager and the County Executive for
mediation and/or settlement. If not resolved by them within sixty (60) days,
either the City Manager or the County Executive, or both of them, may apply to
the presiding Judge of the Superior Court of Pierce County, Washington, for
appointment of a conciliator. The Conciliator shall assume the functions of an
arbitrator of the dispute after a reasonable effort at conciliation fails, should the
amount involved in the dispute and application of the principle at issue in future
years entail expenditures or appropriations of One Hundred Thousand Dollars
($100,000.00) OR LESS. Each party shall pay one-half (1/2) of a conciliator's fee
and expenses.
10) Entire agreement: This agreement constitutes the entire agreement between the
parties and represents the entire understanding of the parties hereto. It
supersedes any oral representations that are inconsistent with or modify its
terms and conditions.
11) Invalid Provisions: Should any provisions of this agreement be held invalid, the
remainder of the agreement shall remain in effect.
12) Courts: Unless otherwise contracted for, the City is solely responsible for
assuring that all city prisoners are promptly taken to necessary court hearings.
City agrees that County has no responsibility to assure any city prisoner is in city
court unless otherwise provided by contract. City will indemnify and hold
harmless County for any claim, action, suit, liability, loss, costs or other expense
or damage resulting out of any act or omission relative to the responsibility of
assuring court appearance for any inmate unless that duty is solely contracted by
County.
END OF AGREEMENT. Signature page immediately following.
PIERCE COUNTY
CONTRACT SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
20 .
CITY OF AUBURN:
Mayor
Attest:
Dani Daskam
City Clerk
Approved as to Form:
Daniel B. Heid
Auburn City Attorney
UBI No.
Date
Date
Date
Address:
25 West Main Street
Auburn WA 98001
Contact
Name:
Phone:
Fax:
PIERCE COUNTY:
Reviewed:
Prosecuting Attorney (as to form only) Date
Budget and Finance
Approved:
Department Director
(less than $250,000)
County Executive (over $250,000)
Date
Date
Date