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
�