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HomeMy WebLinkAbout3552RESOLUTION NO. 3 5 5 2 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 BENTON COUNTY, WASHINGTON FOR HOUSING OF INMATES IN THE BENTON COUNTY JAIL. WHEREAS, Auburn City Detention Facility is over capacity and the Yakima County Jail Facilities are at capacity; and WHEREAS, the City of Auburn has identified the need to provide additional detention facilities; and WHEREAS, the City of Auburn has negotiated fair terms for this service with Benton County. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor of the City of Auburn is herewith authorized to execute an Agreement between the City of Auburn and Benton County for providing inmate housing. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. Resolution No. 3552 November 25, 2002 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signature hereon. DATED AND SIGNED this Zv,-L day of December, 2002 CITY OF AUBURN P TER B. LEWIS MAYOR ATTEST: Da ' Ile E. Daskam, City Clerk APPROVED AS TO FORM: [Jar(iel B. Hel City Attorney Resolution No. 3552 November 22, 2002 Page 2 AGREEMENT FOR USE OF JAIL FACILITIES THIS AGREEMENT is made and entered into by and between BENTON COUNTY, a political subdivision of the State of Washington hereinafter "County"), and the City/County of Auburn , a municipal corporation under the laws of the State of Washington/political subdivision of the State of Washington (hereinafter "Contract Agency"). RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County=s custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows: 1. PIIRPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Benton County Justice Center, 7320 W. Quinault Ave., Kennewick, Washington 99336. 2. MAILING AND CONTACT ADDRESS: Al1 written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: Resolution No. 3552 Exhibit "A" County: Benton County Jail, Attn.: Jail Administrator 7320 West Quinault Ave. Kennewick, Washington 99336-7665 Facsimile: (509) 783-5852 Tel. No. (509) 735-6555 ext.3290 Contract Agency: City Of Auburn Police Department 101 North Division Street Auburn, WA 98001 Facsimile:(253) 288-3161 Tel No. (253) 931-3088 4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contact Agency, unless in the sole discretion of the County, its inmate population is at capacity or so near capacity that there is a"risk that the reasonable operational capacity limits of the County=s jail might be reached or exceeded if the County does not begin to refuse or request removal of inmates. The Contract Agency will only submit inmates for confinement under this Agreement that the sentencing court has deemed eligible only for 24 hours a day jail confinement and not for participation in work crew, work release, home monitoring or any other programs in which inmates serve all or part of their sentences outside the confines of a jail. 5. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate. In return for the County=s housing of an inmate of the Contract Agency, the Contract Agency shall pay the County fifty-five Dollars 55.00) for every 24-hour period, or portion thereof, that said inmate is in the custody of the County. Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody. (b) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 6. (c) Billing. The County will bill the Contracting Agency on the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Payment shall be due from the Contract Agency by the 15th day of - 2 - the following month. Account balances overdue 30 days or more will be subj ect to a service charge of 1% per month (12 °s per annum) . Should it become necessary, the Contract Agency will pay all collection costs associated with late payments. (d) Booking Fee. The collection of a booking fee from the Contract Agency's inmates pursuant to RCW 70.48.390 shall be subject to the discretion of the Contract Agency and shall not be collected by the County from such inmates. 6. MEDICAL COSTS AND TREATMENT: (a) Services Provided. Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency=s inmates to receive such medical, psychiatric and dental services as may be necessary to safeguard their health while confined, in accordance with the provisions of Chapter 289-20 WAC, as now in effect or hereinafter amended, and the policies and rules of the County jail. (b) Cost Responsibility. The Contract Agency shall be r.esponsible for the cost of all medication prescribed for one of its inmates. The Contract Agency shall also be responsible for all costs associated with the delivery of inedical, psychiatric and dental services provided to an inmate that are not available from the health care program within the County jail and for all emergency medical services, wherever provided. These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County. (c) Notice. Except in case of situations deemed an emergency by the County, the County shall notify the Contract Agency=s contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency=s inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused any medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide to the County all written verification of any authorization of or refusal to authorize care or treatment for such inmate(s). (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured inmate by picking such inmate up for transfer at the County jail; provided, in situations the County deems that an inmate requires emergency medical care, the County shall have the right to arrange - 3 - for emergency medical services (at the Contract Agency=s expense) notwithstanding a request from the Contract Agency to retake custody of the inmate. (f) Records. The County shall keep records of all medical, psychiatric or dental services it provides to an inmate. Upon resumption of custody by the Contract Agency and in accordance with WAC 289-20-250, the Contract Agency shall receive a copy or summary of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency. 7. TRANSPORTATION OF CONTRACT PRISONERS: (a) Regular Transport. The County agrees to perform, at no additional charge, one (1) round-trip transport per calendar week of inmates to and from the County jail and Auburn , Washington, in order to transport inmates of the Contract Agency to and from the County jail. The County shall have sole discretion to set the day and time of such transport. (b) Additional Transport Without Costs. The County agrees to perform one (1) additional round-trip transport per calendar week, at no additional charge, when the number of inmates ready and waiting to be transported to or from the County jail for the Contract Agency constitutes a minimum of three (3) inmates. The day and time of such transports are within the sole discretion of the County. (c) Additional Transport with Costs. For any additional transports by the County required by court order or made at the Contract Agency=s request, the Contract Agency shall reimburse the County for all costs associated with such transport; provided, this Agreement shall not be deemed to create an obligation of the County to provide any transports other than those set forth in Section 7 (a) or (b) above. (d) Contract Agency Transport. In the event either party requests that custody of an inmate be transferred back to the Contract Agency, in accordance with any such right set forth in this Agreement, the County shall transport such inmate in accordance with the guidelines set forth in this Section 7(a) or (b) above. If the Contract Agency desires to take custody of such inmate earlier than the next County transport without cost and the County does not agree to a transport by the County at the expense of the Contract Agency under Section 7(c) above, the Contract Agency shall take custody of the inmate at the County jail and handle all transport responsibility. The Contract Agency shall cause written notice of any such expected transport by the Contract Agency to be - 4 - received by the County at least 24 hours before the time of such transport. 8. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. The Contract Agency=s inmates shall be deemed transferred to the custody of the County when deputies from the Benton County Sheriff=s Department take physical control of an inmate. The County will not take such control of'an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate=s incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contracting Agency or its agent. If additional information is requested by the County regarding a particular inmate, the parties shall mutually cooperate to obtain such information. In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency=s inmate for confinement. County shall not be required to take custody of or assume control of or responsibility for any property of the inmate, except for such property that the County allows inmates to keep in their cell. The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and that all property allowed to be transported with the inmate is properly packaged. At such time, and only at such time, as all paperwork and property are in order will the County take physical control of and assume custody of and responsibility for the Contract Agency's inmate to be confined. (b) Further Transfer of Custody. Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction. (c) Responsibilities Upon Assumption of Custody. Upon transfer of custody to the County, it shall'be the County=s responsibility to confine the inmate; to supervise, discipline and control said inmate; and to administer the inmate=s sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 6 of this Agreement. (d) Resumption of Custody by Contractin Agency. The Contract Agency shall be deemed to have resumed custody of an inmate it transferred to the County upon either presentation of such inmate to the Contracting Agency at Auburn , Washington, or upon the - 5 - Contract Agency's officers taking physical control of an inmate at any other location. 9. RIGHT TO REFIISE/RETIIRN AN INMATE: The County shall have the right to refuse to accept or to return any of the Contract Agency=s inmates under any one of the following circumstances. (a) Pending Medical Needs. The County shall have the right to refuse to accept any Contract Agency inmate who, at the time of presentation for transportation to the County jail for confinement, appears in need of inedical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County. b) Problematic Physical History or Behavior and New Medical Conditions. The County shall have the right to refuse to accept or to return any Contract Agency's inmate that, in the sole judgment of the County, has a history of serious medical problems, presents a risk of escape, presents a risk of injury to other persons or property, or develops an illness or injury that may adversely affect or interfere with the operations of the County Jail. Any special transport costs, medical or otherwise, incurred in the return of Contract Agency's inmate under this subsection will be the responsibility of the Contract Agency. (c) Pending Charges. The County shall further have the right to refuse to accept or return any inmate from the Contract Agency for confinement that has misdemeanor, gross misdemeanor or felony charges pending. (d) Claims/Litigation. The County shall have the right to refuse to accept or to return any Contract Agency inmate that files a claim or lawsuit against the County. (e) Return for Release. The County shall have the right to return any Contract Agency inmate at anytime within five (5) days of the scheduled completion of a sentence of confinement by such inmate. (f) Return Due to Upcoming Expiration. The County shall have the right to begin returning Contract Agency's inmates during the thirty days preceding expiration of this Agreement so that all inmates may be transported pursuant to the regular transports under Section 7 (a) and (b) above. (g) Notice of Return and Transport. The County shall provide written notice, via facsimile or mail, of the anticipated return of an inmate under this Section 9 to the contact person identified herein for the Contract Agency. The County shall transport the - 6 - inmate(s) authorized for return under this Section 9 in accordance with Section 7(a) or (b) and within seven days of such notice, unless the Contract Agency transports such inmate(s) at the Contract Agency=s expense. 10. REMOVAL FROM JAIL - OTHER GROIINDS: The Contract Agency's inmates may be removed from the County jail for the following reason(s): (a) R_equest by Contract Agency. Upon written request of the Contract. Agency for transfer of custody back to the Contract Agency. In such case, the inmate will either be transported by the Contract'Agency or by the County pursuant to Section 7 above. (b) Court Order. By order of a court having jurisdiction over a Contract Agency=s inmate. In such case, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 7 above. (c) Treatment Outside of Jail. For medical, psychiatric or dental treatment or care not available within the County jail. (d) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an eminent danger to the safety of the inmate(s) or personnel of the County. In such case, the County will inform the Contract Agency, at the earliest practicable time, of the whereabouts of the inmate(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such inmate(s). 11. TRANSFLR OF INMATLS IIPON TLRMINATION/LXPIR.ATION OF AGREEMENT: (a) Termination by County. In the event of a notice of termination from the County in accordance with Section 21 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at Auburn , Washington, at no expense to the Contract Agency. Such transports shall be made as if the Agreement were expiring and in accordance with the terms of Section 9 above, subsections (f) and (g). (b) Termination by Contract Agency. In the event of a notice of termination from the Contract Agency in accordance with Section 21 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination. Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s). With respect to any inmate(s) not removed in accordance with this Section 11, the - 7 - Contract Agency shall pay the base rate set forth in Section 5(a) above plus an additional Five Dollars ($5) per inmate for every 24 hour period or part thereof that said inmate(s) remains in the County jail; and the County shall retain all rights hereunder, notwithstanding such termination, until all of the Contract Agency's inmates are removed from the County jail. 12. INMATE RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early'Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its inmates than is allowed by the County under its policies. The Contract Agency=s inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all inmates at the County jail. With respect to the Contract Agency=s inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules. No discipline prohibited by federal or state law will b'e permitted. The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otHerwise confined. (b) Inmate Accounts. The County shall establish and maintain an account for each inmate received from the Contract Agency and shall credit to such account all money received from an inmate or from the Contract Agency on behalf of an inmate. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. At termination or expiration of this Agreement, an inmate=s return to the Contract Agency, or death or escape of an inmate, the County shall submit a check to the Contract Agency in the name of each inmate eligible for reimbursement in order to transfer an inmate=s money to an inmate account administered by the Contract Agency. (c) Programs. The County shall provide the Contract Agency=s inmates with access to all educational, recreational and social service programs offered at the C.ounty jail under the terms and conditions applicable to all other inmates at the jail. (d) Inability to Serve Time Outside of Facility. In accordance with Section 4 of this Agreement, the Contract Agency=s inmates will not be allowed to leave the jail for participation in correctional work crews, work release programs, home monitoring or any other program in which other inmates sometimes are allowed to leave the physical confines of the jail as part of serving their - s - sentence. 13. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility. Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and that its inmates are treated appropriately. The County agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at any reasonable time within the jail. Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Benton County Sheriff's Department. 14. $SCAPES AND DEATHS : (a) Escapes. In the event of an escape by a Contract Agency=s inmate from the County jail, the Contract Agency will be notified in writing as soon as practical. The County will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return the Contract Agency=s escaped inmates from outside of the County. (b) Deaths. (1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified in writing. Benton County Sheriff=s Office Bureau of Law Enforcement and the Benton County Coroner will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of all records and documents in connection with the investigation. (2) The County shall, subject to the authority of the Benton County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency. With written consent from the Contract Agency, the County may arrange - 9 - burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses. This paragraph deals with relations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 15. POSTING OF BAIL: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's inmate with the County, and any such bonds or monies will be promptly forwarded to the Contract Agency. 16. RECORD RE$PING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency=s inmates consistent with the record keeping by the County for all other inmates. The County shall make copies of said records available to the Contract Agency upon its request. 17. INDEbNIFICATION AND, INSiTRANCE : (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney=s fees, arising from the County=s performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County=s indemnification obligation hereunder shall be limited to the County=s proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney=s fees, arising from the Contract Agency=s performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency=s indemnification obligation hereunder shall be limited to the Contract Agency=s proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability - 10 - exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy(ies) shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. 18. NON-DISCRIMINATION POLICY: The County and the .Contract Agency agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 19. ADMINISTR.ATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Benton County Sheriff shall be responsible for administering the confinement of inmates hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 20. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. 21. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective ninety (90) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected inmates, if any. 22. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge agree that they are familiar 39.34.180(3), as now in effect, with the provisions of and that of their own free - 11 - and RCW will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 23. DURATION: This Agreement shall be effective upon execution by both parties and shall continue through December 31, 2003, unless terminated earlier under the terms set forth in Section 21 above. This Agreement may be renewed for successive periods of one year by written addendum executed by all parties hereto under such terms as the parties agree in writing. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County. 24. 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 this Agreement and an inmate=s confinement under this Agreement. 25. MISCELLANEOUS: In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, or employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation. [REMAINDER OF PAGF3 INTENTIONALLY LEFT BLANK] - 12 - DATE: BENTON COUNTY, WASHINGTON Chairman DATE : Decieniber 10, 2002 CITY OF AUBURN, WASHINGTON ~ r. Pete Lewis, Mayor Member Member Constituting the Board of County Commissioners of Benton County, Washington DATED: Attest: Dan lle Daskam, City Clerk Attest: Clerk of the Board Approved as to Form and Content: Benton County Sheriff Reviewed by: Prosecuting Attorney Ag71el as Form: Da . Ci y Atto N:\MY DOCUMENTS\CONTRFT-7 SOUSZNG\SENTON COUNTY\INMATE CONTRACT TEXT.DOC