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Contract Number 4257
YAKIMA COUNTY
Inmates - Housing of
Muni Court
GOV File Class
LEG 12-1
$
03/06/2002
12/31/2005
02/15/2007
GL $
AL $
E&O
Insurance Total $
Insurance Review Date
See Contract for Compensation
Extension 1/04 & 2/05
Vault 01/01/2007
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+Found: 10 Record(s) MAINTAIN Contract Transactions +
+ Contract Number 4257 +
+ +
+Vendor Name YAKIMA COUNTY +
+Subject INMATES - HOUSING OF +
+Department MUNI COURT +
+Status Code GOV +
+ Amount +
+ Begin Date 03/06/2002 +
+ Insurance End Date 12/31/2002 +
+ Type Amount Review Date 11/01/2002 +
+ +
+ +
+ +
+ Insurance Total $0.00 +
+ Insurance Review Date +
+ +
+ Comments SEE CONTRACT FOR COMPENSATION +
+ +
+ +
PROFESSIONAL SERVICES CONTRACT
CITY OF BREMERTON/YAKIMA COUNTY/CONTRACT AMENDMENT
This CONTRACT AMENDMENT is made and entered into between CITY OF BREMEI~TON, a municipal
corporation, with its principal ofrmes at 239 Fourth St., Bremerton, WA 98337, and Y.a~IMA COUNTY, located at 111
N. Front Street, Yakima, WA 98901,
In consideration of the mutual benefits and covenants contained herein, the parties agree that their Contract
agreement/addendum executed on 26 Mamh, 2002 shall be amended as follows:
1. Section 2: DURATION shall be amended effective January 1, 2003 through December 31, 2003 to read
as follows:
This Agreement shall enter into full force and effect from the effective date hereto and end December 31,
2003, subject to eadier termination as provided by Section 3 herein. This agreement may be renewed for like
successive periods by written addendum under sach terms and conditions as the par'des may determine.
Nothing in this Agreement shall be construed to make it necessary for the City to have inmates housed in
Yakima County continuously.
2. Section 5(a): COIJ~.NSATION (RATE~) shall be amended effective January 1, 2003 through
December 31, 2003 to read as follows;
Calendar Year 2003 Dall~ Rat~
Monthly Average Daily
Population (BREMERTON Daily
inmates in Yakima County Rate
Jail)
As Agreed Up to 5 $58,55
8 - 25 $55.55
26 - 45 $54.55
46+ $53.55
3. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original
Contract and its subsequent amendments remain in full force and effect.
Executed this / 6 day of.~~-2002.
Cary Bozeman, Mayor
DIRECT~)R OF COI;J~I~O.NS
(Authorized by resolution.~ -2002)
By ~ ~ : RONALDs..7~II~-~-~-~K~_E '
Roger Lubovich, City Attorney
Prosecuflng(~ey
CONTRACT AMENDMENT - 2003 RATES 1 of I
AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON
AND CITY OF BREMERTON, WASHINGTON, FOR THE HOUSING OF INMATES
IN THE YAKIMA COUNTY JAIL
THIS AGREEMENT is made and emered into on t,~.c~ ~r day of .... 2002
by and between the City of Bremerton, bereinaf~er referred to as "The City", and the Board of
County Commissioners of Yakima, County, Washington, hereinafter referred to as "Yakima
County" for the department of corrections, each party having been duly organized and now
existing under the laws of the State of Washington.
WITNESSETH:
WHEREAS, Yakima County is authorized by law to operate a jail and the City of
Bremerton is authorized by law to operate a jail:
WHEREAS, the City wishes to designate the Yakima County jail as a place of
confinement for the incarceration of one or more inmates lawfully eorrunitted to the City's
custody; and
WHEREAS, the Director of the Corrections of Yakima County is desirous of accepting
and keeping in his/her custody such inmate(s) in the Yakima County jail for a rote 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:
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's confinement pursuant to this Agreement.
Agreement Between Yakima County/City of Bremerton Page I of 9
2. DURATION
This Agreement shall enter into full force and effect fi.om the effective date hereto and end
December 31, 2002, 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 parties may determine. Nothing in tNs Agreement shall be construed to make it
necessary for the City to have inmates housed in Yakima County continuously.
3. TERMINATION
(a) By either party. TNs Agreement may be terminated by written notice fi:om either
party to the other party delivered by regular mail to the contact person idenfrfied herein, provided
that termination shall become effective sixty (60) days at~er receipt of such notice. Within said
sixty (60) days, the City agrees to remove its inmate(s) fi:om the Yakima County jail.
(b) By the City due to lack of funding. The obligation of the City to pay Yakima
County under the provision of this Agreement beyond the current fiscal year is expressly made
eomingent upon the appropriation, budgeting availability of suffieiem funds by the City of
Bremerton. In 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
Yakima 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.
(e) Compensation Due for Services Rendered. In the event of termination of this
agreement for any reason, the City shall compensate Yakima County in the same manner, and at
the same rates as if this agreement had not been terminated should any City inmates rema'm
housed by Yakima County, after notice of such termination.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall
be sent to the following:
Yak'ana County: Yakima County Dept. of Corrections and Security
111 North Front Street
Yakima, WA 98901
Contact Person: Kenneth A. Ray, Dkector 509-574-1704
Agreement Between Yakima County/City of Bremerton Page 2 of 9
City of Bremerton: City of Bremerton Court Administrator
239 Fourth Street
Bremerton, WA 98337
Contact Person: Penny Hill, Court Administrator 360-478-5989
5. COMPENSATION
(a) Rates. Yakima County agrees to perform one (1) transport per week between the
Yakima County Department of Corrections and the City of Bremerton, or such other location as
designated by the City in order to transport Bremerton inmates to and fi:om the City, and, accept
and house the City inmates for compensation per day per inmate without a booking fee, at the
rotes provided in the table below
Calendar Year 2002 Daily Rates
Monthly Average Daily Daily
Population (City of Rate Per
Bremerton inmates in Inmate
Yakima Count~ Jail)
As Agreed Up to 5 $50
6 - 25 $49
26 - 45 $48
46 - 84 $47
85 + $46
The City of Bremerton will be allowed to combine their monthly average daily population
(MADP) with that of other jurisdiction's inmates picked up at Bremerton, Port Orchard or the
Kitsap County Jail, to determine the MADP for the purposes ofb'flling.
(b) Additional Transports. Yakima County agrees to perform one (1) additional
weekly transport at no additional charge to the City when the number of inmates ready and
waiting to be transported to Yakima County for the City of Bremerton or another Kitsap County
jurisdiction, constitutes a minimum of 3 (three) inmates or other jurisdictions housing inmates at
the Kitsap County Jail constitutes a minimum of 3 (three) inmates.
(c) Billing and payment. Yakima County agrees to provide the City with an itemized
bill listing all names of inmates who are housed, the case or citation number, the nmber of days
housed including the date and time booked into Yakima County and the date and time released
fi.om Yak/ma County, and the dollar amount due for each. Yaklma County agrees to provide said
bill on or about the 10th of each month. The City agrees to make payment to Yakirna County on
or about thirty (30) days fi.om the date the bill is received.
Agreement BetweenYakimaCounty/CityofBremerton Page3 of 9
6. RIGHT OF INSPECTION
The City shall have the fight to inspect, at all reasonable times, all Yakima 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. Yakima County shall be obligated to manage,
maintain and operate its facilities consistent with all applicable federal, state and local laws and
regulations.
7. INMATE ACCOUNTS
Yak'rrna 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. Yakima 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, Yakima County Department of Corrections will remm said inmate
reimbursement to the City in the form of a check in the name of each inmate eligible for said
reimbursement.
8. RESPONSIBILITY FOR INMATE'S CUSTODY
It shall be the responsibility of Yakima County to confine the inmate or inmates; to
provide treatment, including the furnishing of subsistence and all necessary medical and hospital
services and supplies; to provide for the inmates' physical needs; to make ava'flable 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
faithfiffiy executed; provided that nothing herein contained shall be construed to require Yakima
County, 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.
Except as provided in Section 12, it is expressly understood that Yakima 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.
Agreement Between Yak'una County/City of Bremerton Page 4 of 9
9. MEDICAL SERVICES
(a) Inmates f~om the City shall receive such medical, psychiatric and dental treatment
as may be necessary to safeguard their health while housed in the Yakima County jail. Yakima
County shall provide or arrange for the providing of such medical, psychiatric and dental services.
Except for routine minor medical services, the City shall pay directly or reimburse Yaldma County
for all costs associated with the delivery of any emergency and/or major medical service provided
to the City inmates.
(b) Yakima County shall keep an adequate record of all such services. The City will
be able to review at its request any medical or demal services of major consequence. Yakima
County will report to the City any medical or dental services cfa major consequence as soon as is
practical.
(c) Should medical or dental services require hospitalization, the City agrees to
compensate Yakima 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 or the administrating of major medical services and
nothing herein shall preclude the City fi.om retaking the ill or injured inmates.
10. DISCIPLINE
Yakima 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 cfa 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.
11. RECORDS AND REPORTS
(a) Before or at the time of delivery of each inmate, the City shall forward to Yakima
County a copy of all inmate records pertaining to the inmate's present incarceration at the
Bremerton City Jail, or the Kitsap County Correctional Facility. If additional information is
requested regarding a particular inmate, the parties shall mutually cooperate to provide any
additional information.
(b) Yaklma 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 Yakima County, the City shall, upon request, be entitled to receive and be
furnished with copies of any report or record associated wkh said inmate(s) incarceration.
Agreement Betwee~YakimaCotmty/CityofBremerton Page5 of 9
12. REMOVAL FROM THE JAIL
Except for eligible inmates for correctional work details and under the direct supervision
ora corrections officer, an inmate of the City legally confined in Yakima County shall not be
removed therefrom by any person without written authorization from the City or by order of any
court having jurisdiction. Yakima 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 mediate 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 Yakima County. In
the event of any such emergency removal, Yakima County shall inform the City of the
whereabouts of the inmate 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.
13. ESCAPES
In the event any City inmate shall escape from Yakima County's custody, Yakima County
will use all reasonable means to recapture the inmate. The escape shall be reported immediately
to the City. Yakima 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 Yatdma County; however, Yakima County shall not
be required to expend unreasonable amounts to pursue and return inmates from other states or
other counties.
14. DEATH OF AN INMATE
(a) In the event of the death of a City inmate, the Yakima County Coroner shall be
notified. The City shall receive copies of any records made at or in connection with such
notification. Yakima County will investigate any death within its facility and will allow the City to
join in on the investigation.
(b) Yakima Cotmty shall immediately notifij the City of the death of a City inmate,
furnish information as requested and, subject to the authority of the Yakima County coroner,
follow the instructions of the City with regard to the disposition of the body. Written notice shall
be provided within three-week 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, Yakima 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.
Agreement Between Yakima County/City of Bremerton Page 6 of 9
(c) The City shall receive a certified copy of the death certificate for any of its inmates
who have died while in Yakima County custody.
t 5. RETURN OF INMATES
In event the confinement of any City inmate is terminated for any reason by either party,
return 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.
16. HOLD HARMLESS AND INDEMNIFICATION
(a) The City shall defend, indemnify and hold harmless Yakima County, its officers, agents
and employees from any claim, cost, judgment or damages, including attorneys' fees, arising from
the City's performance under this agreement: provided that any such claim, cost, judgment or
damage does not arise out of or in any way result from any allegations of any intentional, willful
or negligent act or omission on the part of Yakima County or any officer, agent or employee
thereof.
(b) Yakima 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 Yakima Cotmty's performance under this agreement
including any action or omission of Yakima County, its officers, agents, independent contractors,
or employees while said persons are in the custody of Yakima 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.
(c) Inmates shall become the responsibility of Yakima County at the point that the
inmate(s) is booked into Yakima County jail (or) when the inmate(s) has been released to the
care, custody and control of Yakima County, including without limitation the point at which
Yakima County or its agents picks up inmates or transports inmates as in Section 5, whichever
occurs first. Yakima 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, Yakima 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 Yakima County assumes
responsibility for the inmate(s).
17. iNSURANCE
(a) Each party agrees to provide the other with evidence of insurance coverage, in the
form of a certificate of insurance t~om a solvent insurance provider and/or a letter confirming
coverage from a solvent insurance pool, which is sufficient to address the insurance and
indemnification obligations set forth in this Agreement;
Agreement Between Yakima County/City of Bremerton Page 7 of 9
(b) Each party shall obtain and maintain coverage in minimum liability limits of one
mill/on 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.
18. RIGHT TO REFUSE INMATE (S)
(a) Yakima County shall have the right to refuse 4o accept any inmate from the City
when, in the opinion of Yakima 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 oporational
capacity limits of the jail might be reached or exceeded.
(b) Yakima County shall further have the right to refuse to accept any inmate from the
City who, in the judgment of Yakima County, has a em'rem illness or injury which nmy adversely
affect the operations of the Yakima 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), Yakima County shall further have the
fight to refuse to keep any inmate fi.om 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.
19. MISCELLANEOUS
(a) In providing services under this contract, Yakima 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 acme, to an employee of the City under any
applicable law, nde or regulation.
Agreement Between Yak'una County/City of Bremerton Page 8 of 9
1N WITNESS WHEREOF, the above and foregoing Agreement has been executed in
duplicate by the parties hereto and made effective on the day and year first above written:
CITY OF BREMERTON, WA BOARD OF YAKIMA COUNTY
COMMISSIONERS
Cary Bozeman/Ma-yor Ronald F. Gamache, Chairman
Approved as to Form:
i james M. Lewis, ~/~' sioner
Attest:
Carla M. Ward
~ ~-: ;qil~ ~..; g [ Approved as to Form:
%~,. I. Slt~.~,i-~ RONALD S. ZIRKLE, yakima County
'"'n""""v~°~ Chief Deputy Prosecutor
Date:
Mad fin Rimion/Blain~/l%r t Orchard mod 122101
Agreemea~t Between Yakima County/City of Bremerton Page 9 ot u