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Home My WebLink About4731 Contract Number 4731 Vendor FORKS - CITY OF Sub�ect Prisoner Confinement Services Department Police File Class LEG 12-1 Begin Date 6/9/2008 End Date 5/31/2010 Review Date Vault Date 6/1/2012 Comments Renegotiated on 6/1/10, contract # 4954 CITY OF FORKS AGREEMENT FOR PRISONER CONFINEMENT SERVICES This Agreement is made and entered into this ~ day of a....., 1 2008, by and between the CITY OF FORKS, a municipal corporation (hereinaf~KS"), and the CITY OF BREMERTON, a municipal corporation (hereinafter "CITY"). REPRESENTATIONS: 1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and CITY may enter into an agreement, through their respective legislative bodies, whereby FORKS shall furnish jail facilities for CITY prisoners upon such terms as may be mutually agreed upon. 2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out this responsibility through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements to provide these services. Such contracts or interlocal agreements are required to take into account the anticipated costs of services as well as the anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state authorized sales tax funding levied for criminal justice purposes. 3. CITY and FORKS agree that the terms and conditions set forth herein are an acceptable basis for FORKS providing prisoner jail services to CITY for persons committing misdemeanor or gross misdemeanor offenses within CITY limits. AGREEMENTS: 1. Availabilitv and Fundinq of Adult Correctional Facilities and Services: FORKS agrees to furnish its facilities and personnel for the confinement, processing, and related services for CITY prisoners in the same manner and to the same extent as the FORKS furnishes said services for confinement, processing, and related activities of its own prisoners. FORKS jail facilities shall be made available and furnished for holding of CITY prisoners serving imposed jail terms, subject to the conditions herein. Said facilities and services shall meet the requirements of all applicable state and federal laws. 2. Definition of a CITY Prisoner: The term "CITY prisoner" as used in this Agreement shall mean a person arrested by CITY police and held and confined in the FORKS Jail, or otherwise held in detention as provided in this agreement, pursuant to a violation of a CITY ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. The term "CITY prisoner" shall not include a person arrested for a -1- felony offense by CITY police, a person arrested on a warrant issued by another jurisdiction or for charges initiated by a non CITY officer, or a person charged by the prosecutor with a felony or an attempt to commit a felony even if there is a plea to or conviction of a lessor offense. 3. Prisoner Confinement Dailv Fee: A. Beginning , 2008 CITY agrees to pay FORKS a daily per inmate fee for the housing of prisoners in the FORKS Jail. The daily confinement fee shall be charged per prisoner for each calendar day or portion thereof, excluding the release day when a prisoner has been confined for more than one day. The base daily rate shall be $45.00 each on a daily basis, FORKS will house any CITY prisoner who has a court commitment of 365 days at the special daily rate of $40.00 each day. B. This rate shall be adjusted annually, based on the Seattle CPI U. The first annual adjustment will be effective March 1, 2009 and each year thereafter. C.Prisoner fees shall be billed by FORKS each month and CITY shall pay said fees within 30 days of billing. In the event of an error, the next billing after the error was discovered, it will be adjusted appropriately. 4. Partial Confinement and Alternative Confinement Proqrams: CITY prisoners shall be considered for FORKS alternative and partial confinement programs on an equal basis with FORKS prisoners, and subject to the same rules and regulations, as well as potential sanctions, for program rule violations. Prisoner participation in such programs may be limited to an operational capacity as identified by FORKS. Alternative and partial confinement programs shall include, but not be limited to, Work Release and Work Crew. It is understood by the parties that the term alternative confinement programs shall not include electronic home monitoring. The City of Forks Jail, in cooperation with Peninsula Community College, offers a GED program to those inmates wishing to genuinely earn their GED. Where offenders pay a fee to FORKS for program participation, such fees shall be deducted from the confinement daily fee. Where CITY prisoners are in a FORKS Work Crew assignment, they shall be credited with five days "good time" for each 30 days that they are assigned to the Work Crew. "Good time" is earned, and not automatically "given". 5. Desiqnated Administrators: The FORKS Police ,Chief in consultation with the CITY Police Chief shall administer this agreement. Each administrator or designee may consult with each other quarterly regarding costs, fees and charges and regarding changes in policies, practices, or procedures, which may affect the responsibilities of the other, and will try to resolve disputes between themselves or through their designated representatives. -2- 6. Medical Costs: Medical costs for emergency or necessary health care for CITY prisoners shall be the responsibility of CITY. CITY retains the option to contract with medical providers to provide medical services to CITY prisoners. FORKS will not transport outside of FORKS city limits for medical appointments, this will be borne by CITY if such a medical transport is necessary. FORKS shall notify CITY prior to outside medical care being provided for a CITY prisoner; provided, however, that when emergency medical care is required in life- threatening circumstances, the notification may occur as soon as practicable. 7. Transportation: Transportation of CITY prisoners to the FORKS jail facilities will be provided by the FORKS Police Department as needed, but not to exceed one time per calendar week. FORKS Police Department, will travel to a mutually agreed upon location for the pick-up. The one-way rate for transportation shall be included in the daily prisoner rate. Upon release of CITY prisoners, FORKS shall transport the prisoner to the Forks Transit Center. A one-way ticket to the CITY area may be issued to the released prisoner. If the prisoner is needed for Court during incarceration in the FORKS jail, it will be the responsibility of CITY to transport the prisoner from FORKS jail to Court, and return. 8. Transfer of Custody: CITY law enforcement officers placing arrested persons in custody of the FORKS 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 FORKS booking officer audibly states that the prisoner is secured; at such time and only then, will FORKS come into custody of said prisoner. When custody of a CITY prisoner is transferred to FORKS, the CITY prisoner shall be subject to all applicable rules, regulations and standards governing operation of the FORKS jail, including any emergency security rules imposed by the FORKS Chief of Police or designee. Any CITY police officer delivering a prisoner to FORKS jail shall comply with reasonable rules and regulations of the FORKS jail. 9. Release of CITY Prisoner from FORKS Jail: No CITY prisoner confined in the FORKS jail subject to this agreement shall be released except: (a) when requested by a member of CITY Police Department; (b) in compliance with orders of the court in those matters in which the courts have jurisdiction; (c) for appearance in court; (d) for interviews by CITY police or attorneys; (e) if the prisoner has served his or her sentence or the charge pending against said prisoner has been dismissed; or (f) as determined by the FORKS Chief of Police as part of a plan to reduce prisoner population as a result of facility overcrowding. In the event that the FORKS Chief of Police determines that a prisoner needs to be released as part of a plan to reduce overcrowding, the FORKS Chief of Police will notify the CITY'S Chief of Police prior to the prisoner's release. -3- 10. Record Keepinq: A. FORKS agrees to maintain a system of record keeping relative to the booking and confinement of each CITY prisoner in such style and manner as equivalent to FORKS's records pertaining to its own prisoners. FORKS shall make available, upon request, to CITY or its authorized representatives, copies of said records. B. FORKS also agrees to maintain, and allow CITY to inspect, records of all revenue and expenditures pertaining to the confinement services provided for in this agreement. 11. CITY Access to Prisoners: All CITY police officers, investigators and the prisoner's assigned counsel shall have the right to interview the prisoners at any time inside the confines of the FORKS jail, subject only to necessary security rules. Interview rooms will be made available to CITY police officers in equal priority with those of any other department. 12. Equal Treatment of CITY Prisoners: CITY and FORKS prisoners will be treated equally for purposes of extradition, transportation, record keeping, and access to special detention programs. During situations where jail population exceeds maximum capacity, FORKS retains priority for the housing of FORKS prisoners. 13. Hold Harmless Aqreement: FORKS assumes full responsibility for the welfare, safety and safekeeping of all CITY prisoners while in the custody of FORKS. FORKS agrees to indemnify and defend CITY against and hold CITY harmless from any liability, claims or causes of action which may arise as a result of the performance by FORKS of its responsibilities under the terms of the Agreement. CITY agrees to defend, indemnify and hold harmless FORKS, its officials and employees against all demands and causes of action related to Fork's performance of its responsibilities under this Agreement resulting from any alleged illegality or negligence by CITY, its officials and employees, regarding any transportation of CITY prisoners to and from FORKS facility by CITY personnel, the lawfulness of housing any CITY prisoner in FORKS facility, including but not limited to, false arrest, unlawful imprisonment and writs of habeas corpus proceedings, and the performance by CITY of its responsibilities under this Agreement. 14. Duration of Aqreement: This Agreement shall be effective on , 2008, and said Agreement shall be in effect for a period of three years. This Agreement will be renegotiated every three years. The Agreement may be terminated upon written notice by either party with a minimum 90 days notice. The notice shall state the grounds for the termination and the specific plans for accommodating the affected jail population (per RCW 70.48.090 as amended) -4- 15. Disputes: Disputes relating to the interpretation or administration of this agreement that cannot be resolved by the representatives designated herein shall be referred to the FORKS Mayor and CITY Mayor or their designees for settlement. 16. Severability: If any provision of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. 17. Modification: This Agreement may only be modified by written instrument signed by both Parties. 18. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. CITY Address ~~:!!df~~-Jt73 FORKS Address "t' CQI9 /E.' D :1(,.J'""o/\ J... - - I, I F&!~ ( uHi, 1'833/ 19. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 20. Filing of Agreement: Prior to its entry into force, this agreement shall be filed with the Kitsap County Auditor or listed by subject on the CITY'S website. DATEDlhiSUdayot ~2008. . Y 0 Forks Ma or ';p ~ C//7?1~ Chief of Police Mayor 2008. G--, ~ APPROVED AS TO FORM: ~ ~?~-~ ,. - -5-