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