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HomeMy WebLinkAbout5276Contract Number• Vendor: Sub�ect Department File Class Begin Date• End Date Review Date Vault Date Comments 5276 FORKS - CITY OF ILA Prisoner Confinement Services Police LEG 12-1 6/1/2013 5/31/2016 1/1/2016 2018 CITY OF FORKS INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES This Agreement is made and entered into this 1st day of June, 2013, by and between the CITY OF FORKS, a municipal corporation (hereinafter "FORKS"), and the CITY OF BREMERTON, a muniapal corporation (heremafter "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 �ail 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 mcarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective �urisdictions, 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 mterlocal 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, crimmal �ustice funding, and state authorized sales tax funding levied for criminal �ustice purposes 3 CITY and FORKS agree that the terms and cond�tions set forth herein are an acceptable basis for FORKS providing prisoner �ail 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 house, care for, and provide for the welfare and safekeepmg of CITY prisoners within its facilities In so doing, FORKS agrees to furnish its facilities and personnel for the confinement, processmg, and related services for CITY prisoners in the same manner and to the same extent as FORKS furnishes said services for confinement, processing, and related activities of its own prisoners FORKS �ail facilities shall be made available and furnished for holding of CITY prisoners serving imposed Jail terms, sub�ect 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 m 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 ord�ance or a violation of a state law which designates the crime for which the person ,is held to be a misdemeanor or gross misdemeanor. The term -1- "CITY prisoner" shall not include a person arrested for a felony offense by CITY police, a person arrested on a warrant issued by another �urisdiction or for charges initiated by a non CITY officer, or a person charged by the prosecutor with a felony or an a�ttempt to commit a felony even if there is a plea to or conviction of a lessor offense 3 Priso'ner Confin IJ 4 [=3 C Beginning 1 June 2013, 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 This rate shall be ad�usted annually, based on the Seattle CPI U The first annual ad�ustment will be effective June 1, 2014 and each year thereafter Prisoner fees shall be billed by FORKS each month and CITY shall pay said fees withm 30 days of billing In the event of an error, the next billing after the error was discovered, it will be adJusted appropriately. Partial Confinement and Alternative Confinement Proprams CITY prisoners shall be considered for FORKS alternative and partial confinement programs on an equal basis� with FORKS pnsoners, and sub�ect 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 Alter I ative 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 confi �nement programs shall not include electronic home morntoring 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 If the prisoner is not on a work crew or special program that prisoner is eligible for five days good time per thirty days senred "Good time" is earned, and not automatically "given", once housed in Forks 5. Desiqnated Administrators The FORKS Police Chief in consultation with the CITY Police Chief shall admmister this agreement Each administrator or designee may cons I It with each other quarterly regardmg 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 retams 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 pract�cable. No Waiver of Right to Seek Reimbursement The above paragraphs relating to medical costs are intended solely to define the obligations befinreen the parties to this agreement. Nothmg conta�ned withm the provisions of this agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the department of social and health services, or from the prisoner, or any other responsible third-party 7. Transportation Transportation of CITY prisoners to the FORKS �ail facilities will be provided by the FORKS Police Department as needed, but not to exceed one time per calendar week FORKS Police Department, wdl travel to a mutually agreed upon location for the pick-up. The one-way rate for transportation shall be included m the daily prisoner rate Upon release of CITY prisoners, FORKS may transport the prisoner to the Forks Transit Center A one-way ticket toward the CITY area may be issued to the released prisoner If the prisoner is needed for Court durmg mcarceratron in the FORKS �aif, �t w�ll be the responsibility of CITY to transport the prisoner from FORKS �ad to Court, and return 8 Transfer of Custodv When the CITY law enforcement officers are placing arrested persons �n custody of FORKS, at a designated meet point between the parties or at the Forks �ail, the City officer shall be required to remain in the immediate presence of the arrested person and shall be considered to have such person m their sole custody until the FORKS booking officer audibly states that the prisoner is secured, at such t�me and oniy then, will FORKS come into custody of said prisoner. When custody of a CITY prisoner is transferred to FORKS, the CITY prisoner shall be sub�ect to all applicable rules, regulations and standards governing operation of the FORKS �ad, inciuding any emergency security rules imposed by the FORKS Chief of Police or designee Any CITY police officer delivermg a prisoner to FORKS �ail shall comply with reasonable rules and regulations of the FORKS �ail 9 Release of C1TY Prisoner from FORKS Jail No CITY prisoner confined in the FORKS �ail sub�ect 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 m which the courts have Jurisdiction, (c) for appearance m 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 -3- determined by the FORKS Chief of Police as part of a plan to reduce prisoner population as a result of facility overcrowding 10. Record Keepmq FORKS agrees to maintam 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 11 CITY Access to Prisoners All CITY police officers, investigators and the prisoner's legal counsel shall have the right to interview the prisoners at any time inside the confines of the FORKS �ail, sub�ect 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 �ail population exceeds maximum capacity, FORKS retains priority for the housing of FORKS prisoners FORKS will notify CITY if prisoner(s) are to be released due to situations where �ail population exceeds maximum capacity and give CITY an opportunity to transport prisoner to another �aii facility When known, FORKS will notify CITY if the �ail population exceeds maximum capacity prior to the transportation of new prisoners to the facility pursuant to paragraph 7 above. 13 Hold Harmless Aareement. A FORKS assumes full responsibility for the welfare, safety and safekeepmg of all CITY prisoners while in the custody of FORKS FORKS agrees to hold harmless, indemnify, and defend CITY its elected officials, officers, employees and agents from and against any and all suits, actions, claims, liability, damages, �udgments, costs and expenses (including reasonable attorneys' fees) (also including but not limited to claims related to alleged mistreatment, in�ury, or death to any prisoner, or loss or damage to prisoner property while in FORKS' custody) which result from or arise out of the negligence of FORKS, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of FORKS' services, duties and obligations under this Agreement B The CITY agrees to hoid harmless, indemnify, and defend FORKS its elected officials, officers, employees and agents from and agamst any and all suits, actions, claims, liability, damages, �udgments, costs and expenses (including reasonable attorneys' fees) (also including but not limited to a claim of false arrest, unlawful imprisonment and writs of habeas corpus proceedings) which result from or arise out of the negligence of CITY, its elected officials, officers, employees, and agents in connection with or -4- incidental to the performance or non-performance of CITY's services, duties and obligations under this Agreement C In the event that the officials, officers, agents, and/or employees of both FORKS and the CITY are concurrently negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, �udgments, costs and expenses (mcluding reasonable attorneys' fees) D. Nothing contained in this section of this Agreement shall be construed to create a liabdity or a right of indemnification by any third party. E The provisions of this section shall survive the expiration or termmation of this Agreement with respect to any event occurring prior to such expiration or termination 14. Duration of Aqreement Sub�ect to the provisions of RCW 39.34 040, this Agreement shall be effective on 1 June 2013, 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 mmimum 90 days notice The notice shall state the grounds for the termination and the specific plans for accommodating the affected �ail population (per RCW 70.48 090 as amended) Pursuant to RCW 39.34 040, each party shall be responsible for recording a copy of this agreement with their County auditor and/or posting this agreement on the agency's web-site 15. Disputes Disputes relatmg 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 Joint Undertaking or Separate Entity Pursuant to the requirements of RCW 39 34.030(3), the parties specify the followmg 1) no new or separate legal or administrative entity is created by the provisions of this agreement, 2) the parties to this Agreement are each responsible for their own duties under this agreement, 3) no �oint financing or budget is required; and 4) and no real or personal property will be �ointly 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. 17. Non-DeleQation/Non-Assignment Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing Neither party may assign this agreement without the written consent of the other party 18 Each Agency's officers, agents, nor employees are employees of the individual 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 Agency under any applicable law, rule, or regulation. -5- 19 Severabilitv 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 ob�ectives of both parties DATED this�� day of 2013 City Of Forks / �---• � � /�• •- / �� / �� ; � . - DATED this � da of � 2013 � Y � � ��. �:�! ► . � � L,,' � • L:,�. _ .� -. �� � City of Bremerton APPROVED AS TO FORM Ci Attorney R\Legal\Legal\Fdes\Current Actrve Fdes\Jail Contracts\Forks Jad Contracts\Forks Jad Contract 2013 - Final doc �