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AG 23-017 - NISQUALLY JAILi I I RETURN TO: Kurt Schwan EXT: 6875 I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I 1. ORIGINATING DEPT./DIV: Police 2. ORIGINATING STAFF PERSON: Kurt Schwan 4 EXT: 6e75 3. DATE REQ. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) O ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): Id INTERLOCAL ❑ OTHER 5. PROJECTNAME: Jail Services Agreement between Nisqually Jail and Federal Way 6 NAME OF CONTRACTOR: Nisqually Jail ADDRESS: 11702 Yelm Highway SE, Olympia, WA. 98513 E-MAIL: smith.jeff@nisqually-nsn.gov SIGNATURE NAME: _TELEPHONE 360-459-9603 _ FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: 9 SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: January 1, 2023 COMPLETION DATE: until amended 9. TOTAL COMPENSATION $ $200,000.00 (facility will used for long term committals - amount will vary) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 1 01 0� " a �, DC'} ^ OCR i " �✓ 3 " �7 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW jrc 10/21/22 INITIAL / DATE APPROVED 11. COUNCILAPPROVAL (M APPLICABLE) COMMITTEE APPROVAL DATE: 1r� COUNCIL APPROVAL DATE: 12 CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED LAW DEPARTMENT bl �O<GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: 2/20I7 NISQUALLY JAIL SERVICE AGREEMENT THIS AGREEMENT is made _irid entered into on (Ills day of '! 2023, by and between the Nisqually Indian Tribe, a federally Recognize Indian Tribe, hereinafter referred to as "Nisqually" and the City of City of Federal Way, hereinafter referred to as "Federal Way." This agreement is for the housing of inmates of Federal Way in the Nisqually Detention and Corrections Center hereinafter referred to as "jail" pursuant to Chapters 39.34 and 70.48 RCW, THE PARTIES HEREBY AGREE as follows: SERVICE. Nisqually shall care for prisoners placed in the custody of officers of the Nisqually Jail and cooperate with the City to arrange for video hearings. The term "prisoner" shall include any person arrested, sentenced by the court or held under authority of any law or ordinance of Federal Way; 2. REFUSAL OFPR1SONERS.TheNisquallyPolice Chief ortheNisquallyCorrections Director shall have the right to refuse to accept custody if in their opinion the prisoner does not meet medical (or other) criteria for booking. The Nisqually Corrections Director may also refuse to accept custody of a prisoner if doing so would result in overcrowding of the jail, or health, safety or security risks, Nisqually similarly shall have no obligation to receive a Federal Way prisoner into custody absent proper documentation providing a legal basis for confining the prisoner. Federal Way shall immediately transport any prisoner that is refused booking off the Nisqually Reservation. The parties agree that dumping of inmates denied booking on or near the Nisqually Reservation shall be grounds for immediate for -cause termination of this Agreement. CARE. "Care" shall mean to provide room and board; to provide for the prisoner's physical needs; to retain the prisoner in custody; and to supervise and maintain proper discipline and control. In, addition, prisoners housed pursuant to this Agreement shall be subject to the same rules and regulations required of other prisoners housed in the Nisqually Jail. Such rules and regulations shall comport with Washington state law, and .federal law regarding issues of civil rights and due process of prisoners. 4, DURATION OF CONTRACT. The of this agreement shall be for five (5) years, beginning January 'l, 2023, which term shall automatically extend -for no more than two (2) additional five (5) year terims absent written notice provided in writing at least six months prior to the expiration of the current term. The agreement may be terminated without cause by either panty by providing the other party with sixty (60) days written notice. Notice shall be deemed proper when proyideoto:: Jail Services Agreement Between Nisqually and Federal Way Page 1 Federal Way: Chief of Police Federal Way Police Department 33325 811' Ave S, Suite ##101 Federal Way, WA 98003 Nisqually: Chief Executive Officer Nisqually Indian Tribe 4820 She-Nah-Num Dr, S.E. Olympia, WA 98513 5, RELEASE. Prisoners will only be released when they have served their full time unless release is authorized by any other provision of this Agreement or is ordered by a court of competent,jurisdiction. 6. NO GUARANTEEiD MINIiVIfUL4 BED SPACE. Nisqually does not guarantee bed space. Bed space will be provided on a space -available basis. Nisqually shall have sole and unfettered discretion in determining whether or.not space is available. Federal Way shall immediately transport any prisoner denied booking off the Nisqually Reservation. Dumping of inmates on or near the Nisqually Reservation shall be grounds for immediate termination of this Agreement. 7, RATI+�IPAYM1t3NT, Federal Way shall pay to Nisqually the amount of $130,00 per day (Basic Inmate Rate) per inmate for care. A 'day" is the twenty -four-hour period beginning at 12:00 a.m, and ending at 11:59 p.m. in the Pacific Time Zone, Basic Inmate Rate will increase by 5% annually on January 1, Federal Way shall pay such invoices within 30 days of receipt, Interest at the rate of 12% per annum shall be charged on all past due accounts. Without prejudice to any other contract rights available to it, if Federal Way does not pay the invoice within Sixty (60) days of receipt of invoice, Nisqually, acting through its Police Chief, will not accept prisoners until the delinquent amount is paid in full. 8. MEL)ICAL CARE. Each party shall be responsible for the medical care and medical expenses of prisoners housed pursuant to this agreement as listed in Exhibit A, attached hereto, and incorporated herein; provided that if the prisoner has his or her own medical coverage, Nisqually will coordinate with Federal Way so that such insurance may be utilized. In the event that a prisoner requests non -urgent medical care, Nisqually shall contact Federal Way for approval. Federal Way shall provide Nisqually with the names and telephone numbers of designated contact people who shall be available on a twenty - Jail Services Agreement Between Nisqually and Federal Way Page 2 four-hour basis. Failure of Federal Way to approve medical care shall relieve Nisqually of liability to Federal Way for any injury resulting therefrom the event that Nisqually deems a prisoner to be in need of urgent or emergency care, Nisqually shall make the best efforts to contact Federal Way, but may take any action it deems necessary to provide the prisoner with the needed care without obtaining prior approval, and said action(q) shall not affect Federal Way's responsibility for paying for such inedical care as required by this Agreement. Federal Way shall reimburse Nisqually promptly for all medical expenses incurred by Nisqually for services that are the responsibility of Federal Way under Exhibit A, "Medical Expenses." 9. TRANSPORTATION, Federal Way shall be solely responsiUle for furnishing transportation for prisoners housed pursuant to this Agreement. Federal Way may request that Nisqually provide necessary transportation and Nisqually shall make best efforts to provide such transportation, subject to staff availability, but shall not be obligated to provide such transportation. Federal Way shall reimburse Nisqually for costs incurred for transportation. Such costs shall include mileage at the rate of $1,00 per mile, plus labor and overhead (0.5 x labor). Nisqually shall not transport any prisoner without the express agreement of Federal Way unless such transportation is required by a court order or because of a medical emergency, 10. CUSTODY TRANSVER. Officers of Federal Way placing a prisoner in custody of Nisqually will be required to remain in the immediate presence of the prisoner at all times until relieved of custody by Nisqually Corrections Staff. Booking out and/or release of Federal Way's prisoners shall be the responsibility. of Federal Way Officers, Federal Way shall immediately transport any prisoner that is refused booking off the Nisqually Reservation. The parties agree that dumping of inmates denied booking on or near the Nisqually Reservation shall be grounds for immediate for -cause termination of this Agreement. l 1. CITY ACCESS TO PRI.SONE,RS. All Federal Way police officers and -investigators directed by the Federal Way City Attorney shall have the right to interview the prisoner inside the confines of the Nisqually Jail subject only to necessary security rules. Interview rooms will be made available to Federal Way police officers in equal priority with those of any other department, including the Nisqually law enforcement personnel. 12. RELEASE Or, FEDEPAL WAY PRISONERS FROM N I S Q UAI.,LY, No Federal Way Prisoner confined in the Nisqually Jail shall be removed therefrom except: a. When requested by Federal Way Police Department in writing; b. By Order of the Federal Way Municipal Court in those matters in which they have jurisdiction, or upon Order of the King County Jail Services Agreement Between Nisqually and Federal Way Page 3 District Court or the King County Superior Court in those matters in which said courts have jurisdiction; C. For appearance in the court in which a Federal Way prisoner is charged; d. In compliance with a writ of habeas corpus; e. For interviews by the Federal Way prosecuting attorney, Federal Way appointed public defender, or member Federal Way Police Department; f. If the prisoner has served his sentence or the charge pending against said prisoner has been dismissed or bail or other recognizance has been posted as required by the courts. 13. JXREMNIFICATIi)I . Federal Way shall protect, defend, save harmless and indemnify Nisqually, its officers, agents and employees, from and against all claims, suits and actions arising from intentional or negligent acts or omissions of .Federal Way in performance of this Agreement. Federal Way's indemnification obligation shall also extend to all claims, suits and actions relating to the medical care of prisoners housed under this Agreement which result from the failure of Federal Way to approve such care or for any reason other than injuries and harm resulting from the negligent or intentional acts or omissions of Nisqually or its officers. 14. NOTICE OF CLAIMS, In the event that.a claim or lawsuit is brought against Federal Way or Nisqually arising from or related to this Agreement, the party shall promptly notify the other party of said claim or. lawsuit. 15. TNSURANCr, Each party shall obtain and maintain occurrence -based insurance that provides liability coverage in the minimum liability limits of ten Million Dollars ($10,000,000,00) per occurrence and ten Million Dollars ($10,000,000.00) in the aggregate for Its conduct in creating liability exposure related to the confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for any liability occurrence during the policy period, regardless of when any claim or lawsuit is filed. Further, Federal Way will name the Nisqually Indian Tribe, its officers and.employees as Additional Insureds, for any acts or omissions by Federal Way creating liability or exposure in the performance of this Agreement. Nisqually will similarly list Federal Way as an Additional Insured. 14.1 CERTIFICATYOF IL4SIJRANCL. Federal Way agrees to provide Nisqually 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 Jail Services Agreement Between Nisqually and Federal Way Page 4 sufficient to address the insurance obligations set forth above, A copy of the certificate shall be provided annually and for the duration of this agreement. 16, CHOICE' OF LAW, This Agreement shall be interpreted under the laws of the state of Washington, ' 17, DISPVrEf RE, SOLUTIa1V, If either party disputes any portion of an invoice, they will provide the other party written notice within'thirty (30) days. The notice shall detail the amount in question and the grounds for withholdbig all or a portion of the amount billed or any other basis for the dispute, Authorized representatives of each party shall attempt to resolve the dispute by negotiation within thirty clays of notification. If such negotiation is unsuccessful the parties shall apply to Judicial arbitration and Mediation Service (JAMS) or such other alternate dispute resolution as the parties agree, for the appointment of an arbitrator whose decision shall be final and binding on the parties.. Each party shall be responsible for paying one-half of the arbitrator's fees. Each party will bear their own costs and legal fees. The arbitrator shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. This dispute resolution procedure shall only be available for disputes over amounts due for services provided under this agreement. 18. CONSENT TO JURISDICTION AND TRIBE IS EXPRESS LIMITED WAIVER OF SOVEREIGN IMMUNITY The Nisqually Indian Tribe is a Sovereign Nation with all immunities attenclant thereto WITH THE .FOLLOWING EXCEPTION THAT THE PARTIES TO THIS AGREEMENT HAVE SPECIFICALLY NEGOTIAT)sD; The Nisqually Indian Tribe does hereby expressly consent to jurisdiction of the courts of the State of Washington as having exclusive jurisdiction to hear, resolve and enter final judgment on any legal dispute by and between the parties to this agreement and/or their affected officers, officials, and employees, concerning the interpretation of this agreement, enforcement of any of its provisions, and any complaints or counterclaims for monetary damages and/or equitable relief for any alleged or actual breach of any provision of this agreement and/or for the enforcement of any such final judgment entered by any court of. the State of Washington regarding such matters. For this limited purpose only, the Nisqually Indian Tribe does hereby expressly waive its sovereign immunity from suit or defenses in the courts of the State of Washington for any such legal claim or complaint for the interpretation and/or enforcement of this agreement, and/or for any complaints or counterclaims for monetary damages or Jail Services Agreement Between Nisqually.and Federal Way Page 5 equitable relief for any breach of this agreement, and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters. 19. NO TI-IIRD-PARTY BENEFICIARIES. This Agreement is made for the sole benefit of Nisqually and Federal Way, and no other person or entity shall have any right, benefit, or interest under or because of this Agreement. No other parties are intended to be, or shall be determined to be, direct or incidental beneficiaries of this Agreement. 20. NO WAIVER. The failure to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provisions, Further, any express waiver by any party with respect to any breach of any provision hereunder by any other party shall not constitute a waiver of such party's right to thereafter fully enforce each and every provision of this Agreement, 21, ENTIRE AGREEMENT, This Agreement contains the entire understanding of the Parties and may be changed only by an agreement in writing signed by the Parties, 22. INVALID PROVISIONS. Should any provisions of this Agreement be held invalid, the remainder of the Agreement shall remain in effect [TIiIS SPACE INTENTIONALLY LEFT .BLANK, SIGNATURE PAGE TO FOLLOW] Jail Services Agreement Between Nisqually and Federal Way Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement on this date, the day of , 202_, CITY OF FEDERAL WAY: � I s Fri ell, Mayor 1 ❑ate Attest: Mu& cmj�- Sie D Courtney, City lei Date Approved as to legal form only: J Zyan Call, City Atlorne ate �f: Jail Services Agreement Between Nisqually and Federal Way Page 7 NISQUALLY TRIBE: EXHIBIT• A MEDICAL EXPENSES NISQUALLY TRI.B.E SHALL BE RESPONSIBLE FOR: Initial Screening _ Intake Screening Nurse Sick Call Physician Sick Call Physical if housed longer than 14 days Routine lab work that can be completed in the facility Routine medications, other than biologicals / non -formulary medications Mental health assessments and basic services that can be provided in -facility CITY OF FEDERAL WAY SHALL BE RESPONSIBLE FOR: Pre -booking medical K Urgent Care facility Visits .. Emergency Room Visits Hospitalizations, including the cost of security provided by Nisqually Personnel. Agency will reimburse Nisqually for each attending officer at the tune -and -one-half overtime rate of $48.50 per hour. Non -Formulary / Biological Medications Ultra Sounds Ambulance Services Body Cavity Collection of Evidence / Searches w OBGYN Care / Prenatal Care Vision Mental Health Long Term Care Auxiliary lab work and X-Rays _ Dental West Pierce Fire and Rescue Response Other Specialty and all services provided outside the facility Jail Services Agreement Between Nisqually and Federal Way Page 8 7d COUNCIL MEETING DATE: November 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES AGREEMENT — NISQUALLY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a multiyear agreement with the Nisqually Jail for jail services at the cost of approximately $200,000.00 annually? COMMITTEE: PRHS&PSC MEETING DATE: Nov 8, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. Nisqually Jail Services Agreement Options Considered: 1. Approve the proposed Jail Services Agreement with Nisqually Jail. 2. Do not approve the proposed Jail Services Agreement with Nisqually Jail and provide direction to staff MAYOR'S RECOMMENDATION: 1. Approve the proposed agreement. MAYOR APPROVAL: i1 llIRECTOR APPROVAL: C nmif a Covnci [nitia€1 a[c Initial/Datejov Inifial"Dale COMMITTEE RECOMMENDATION: I move to forward the Jail Services Agreement with Nisqually Jail to the November 15, 2022,`Council consent agenda for approval. —at-lc V CL, — V i 2w ►.•.� Committee Chair l Comtnittee 1Vlember Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Agreement with Nisqually Jail and authorize the Mayor to sign said agreement". BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTIO -�❑rr AVE I +�' COUNCIL BILL # PPRO DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 8, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor . FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Agreement — Nisqually Jail Financial Impacts: The Nisqually Jail is a new addition to Federal Way Police Department's (FWPD) jail services providers that will be utilized to house our inmates. The estimated annual cost to utilize the Nisqually Jail will be approximately $200,000.00. Background Information: On January 1, 2020, the Federal Way Police Department moved away from a sole source jail services provider and began utilizing multiple jail facilities to accommodate our jail services needs while also creating an overall annual savings of $2,085,672 to the jail budget. Since the transition, the department has operated within the allocated budget in part due to the reduction of jail services COVID pandemic The Nisqually Jail will be a new jail services provider that will be utilized to house inmates. It will replace the Yakima Jail, which is no longer accepting Western Washington inmates, and will be used for housing long term commitments. The projected annual cost to utilize the Nisqually Jail is approximately $200,000.00. This projection was made from FWPD's most recent Average Daily Population (ADP) numbers, as well as the monetary increases due to the contract expenses being directly related to local CPI, which is up approximately 9.0% from a year ago. As stated above, the Nisqually Jail will be a facility used for long term committals, not a primary booking location for FWPD officers when housing misdemeanor violators. The Nisqually Jail provides medical and mental health services that other contracted jail services providers do not offer. For these reasons, adding Nisqually Jail to our available inmate housing options would be in the best interest of the police department and the City of Federal Way. Rev. 7/18