PRHSPSC PKT 06-09-2003
~~
City of FcdcraJ Way
CITY COUNCIL. .
t)ARKS, JU:CnEATION, HUMAN SI~'RVJCES& l)lJULIC SAFKfV COJ\1MITTI~E
Monday, June 9, 2003
4:00 p.m.
City Hall
Mt. Baker Conference Room
1.
2.
3.
CALL TO ORDER
PUBLIC FORUM
COMMISSION COMMENTS
APPROVAL OF MAY 12, 2003 SUMMARY
COMMITTEE BUSINESS
4.
5.
A. Update on Kenneth Jones Pool
B. Code Amendment Updating Chapter 6, Criminal Code
C. Benton County Jail Services lnterlocal Agreement
D. Hylebos State Park
Infoffi1ation Hutton/Feldman
Action Jorgensen
Action Jorgensen
Update Reuter
6.
PENDING ITEMS
. Internet Safety
. Voice Stress Analysis
. DigitaVVideo Analysis Equipment
. Pea Patch
. Celebration Park Art Sculpture Program
. Federal Way Coalition ofPerfoffi1ing Arts
. Community Center
. Kenwood Pit Property Transfer
7.
8.
NEXT MEETING -JULY 14, 2003
ADJOURNMENT
Committee Members:
Linda Kochmar, Chair
Mary Gates
Jack Dovey
Staff:
Jennifer Schroder, Director
Mary Jaenicke, Administrative Assistant
661-4041
City of Federal Way
City Council
PARKS. RECREA TIaN. HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Monday, May 12,2003
4:00 p.m.
SUMMARY
In attendance: Council Committee members Chair Linda Kochmar, Jack Dovey and Mary Gates, Mayor Jean
Burbidge, Staff: David Moseley, City Manager, Anne Kirkpatrick Director of Public Safety, Pat Richardson, City
Attorney, Karen Jorgenson, Assistant City Attorney, Kelli O'Donnell, CDBG Coordinator, Maryanne Zukowski, Sr.
Traffic Engineer, Steve Ikerd, Property Services Manager, Mary Faber Recreation & Cultural Services
Superintendent, Craig Feldman, Aquatics Manager, Jennifer Schroder, Director Parks and Recreation, Mary
Jaenicke, Administrative Assistant.
Guests: c.T. Purdom, Chair Parks & Recreation
Chair Kochmar called the meeting to order at 4:03 p.m.
PUBLIC FORUM
None
COMMISSION COMMENT
None
APPROY AL OF SUMMARY
Council members Dovey and Gates approved the April meeting minutes as written. Motion passed.
BUSINESS ITEMS
Update on Kenneth Jones Pool
Faber provided the Committee an updated timeline for the re-opening of the Kenneth Jones Pool. Faber introduced
Craig Feldman. Craig was recently hired by the City of Federal Way as the Aquatics Coordinator 11 at the Kenneth
Jones Pool. Bryce Jensen the Aquatics Assistant Coordinator will start May 14. The first day ofregistration for
classes is scheduled to start May 19. Pool improvements will take place from May 15 - June 15, 2003. The pool
will be closed on June 21-22, 2003 for staff training, and to complete last minute repairs. The opening day
celebration will take place June 25, 2003.
Cancellation of Westway Townhouses Renovation Project a 2002 CDBG Capital Project of $34,680; and,
Allocation $160,000 from the Cancelled Project and Additional 2003 CDBG Capital Funds to Westway Street
Lil!:htinl!: Prol!:ram
O'Donnell reported that this item is before the committee due to excess funding in 2003. This excess is due to the
Multi-Service Center stating they would be unable to utilize their 2002 Community Development Block Grant award
of$34,680 for the Westway Townhouse Renovation Project, and the City of Federal Way received an additional
$231,155 in 2003 due to the 2000 Census Figures. O'Donnell reported that staff brought four options for allocating
the money to the Humans Services Commission. Those options are: 1) Westway Street Lighting Program. 2) Multi-
Service Center - Employment Project for Remainder of 2004. 3) Fèderal Way Housing Repair Program. 4) Allocate
Funds as Part of the 2004 Process. Street lighting in Westway has been identified as a high priority for Public Safety
and the Community. Dovey asked how often people apply for CDBG money, and then return it? O'Donnell stated
this occurs too often. Dovey stated that the issue of concern is people apply for money and turn it back, making the
City unable to give it to somebo-dyelse, and there is not a penalty for people who do this. O'Donnell stated that
because it is Federal money, it comes with a lot of Federal regulations. Applicants don't fully understand what the
process entails, and as they get further into the project they discover how difficult it is. Dovey stated there needs to
be a policy that will penalize people who apply for the money and then return it. If the City continues to have money
turned back in, the County could penalize the City of Federal Way for not using the money that was given to them.
Dovey requested that the commission bring back to the committee, stricter policies that would penalize an applicant
that requests money, and then turns it back in. Gates stated Council needs to understand why the money isn't being
used. An organization should not be penalized if there is an issue that is not allowing the money to be used.
O'Donnell stated that the commission will be discussing the consolidation plan at their May meeting. Dovey moved
that the Committee recommends cancellation of the Westway Townhouses Renovation Project, a 2002 CDBG
PARKS, RECREA nON, HUMAN SERYICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday, May 12,2003 Summary
Page 2
capital project of $34,680; and, Allocation of $160,000 from the cancelled project and additional 2003 CDBG
capital funds to the Westway Street Lighting Program with final design to be approved by Council. Any
unallocated 2003 CDBG capital funds will be carried forward to the 2004 CDBG program year. This
recommendation is forwarded to the full City Council for consideration at the June 3, 2003 meeting following
a public hearing on the allocation of CDBG funds. Gates seconded. Motion passed.
Washine:ton Conservation Corps Interlocal Aereement
Schroder stated that this is an Interlocal Agreement with the Washington Conservation Corps (WCC) to pull the
Scot's broom to maintain the mitigated areas. They will provides a full crew of six people that includes a supervisor,
transportation, equipment, tools and experience. The department has been using seasonal maintenance workers, that
need to be supervised, and it is a task that the seasonal workers do not like to do. Schroder stated that the department
is recommending having an agreement with WCC in the amount of $35,000. We are not obligated to use the full
amount. Ikerd stated that the supervisor is estimating that they can get the Scot's broom under control in three to
four weeks. Ikerd stated that he is starting to have a difficult time finding volunteers to pull the Scot's broom. Chief
Kirkpatrick stated this would be a great inmate work crew project. Ikerd said there are 4 miles of the BPA trail that
would benefit from this. Schroder stated that she would follow-up with Kirpatrick. Schroder reported that we are
under requirement to make the mitigation area successful. It will be more efficient to contract the work with the
WCC. Gates moved to place this item on Council's May 20 consent agenda with a "do pass" recommendation
to accept the interlocal agreement with the Department of Ecology, Washington Conservation Corps for the
amount of $35,000 for a one-year period. Dovey Seconded. Motion Passed.
Interlocal Cooperative Ae:reement to Provide Law Enforcement Mutual Aid and Mobilization Between the
Cities of Kine: County, University of Washine:ton Police. and Kine County
Kirkpatrick reported that the Washington Association of Sheriffs and Police Chiefs (WASPC) has proposed
legislation to establish a regional and statewide law enforcement mobilization plan. This is required so that all the
agencies can work together if there is an emergency. In order to use Federal Funds there needs to be a statewide and
regional mobilization plan. The agreement is between the Cities of King County, University of Washington Police
and King County. Dovey moved to authorize the City Manager to enter onto and Interlocal cooperative
Agreement to Provide Law Enforcement Mutual aid and Mobilization between the Cities of King County,
University of Washington Police, and King County. Gates seconded. Motion passed.
Westwav Liehts Proposal
Moseley reported that the police department has identified three intersections in Westway that are in need of light.
There are high incidents of activities that call for services. The department would like to install the lights quickly
where the need is very high, knowing that working through the CDBG regulations, installation of the lights wouldn't
be until 2004. Moseley stated that Puget Sound Energy has agreed to put in the three lights at no cost to the City.
This item was removed as an action item on the agenda.
West Hvlebos State Park
Schroder stated that Washington State Parks held a meeting on April 2. They wanted to know what the City of
Federal Way's vision was for the Hylebos. At the April 2 meeting staff was asked to discuss some of the options to
continue the relationship with Washington State Parks. The options discussed were: 1) State Parks continues their
current role. 2) Turnover to Federal Way. 3) Partnership. The City owns 40 acres that surrounds West Hylebos State
Parks. Schroder stated that there is no commitment on funds for Capital. The Marckx house is being used for the
residence of the Ranger. The repairs needed at the Park were also discussed at the April 2 meeting. The Friends of
the Hylebos continue to play an ongoing role in the stewardship of the park. They would want to have access to the
Marckx house as a place to have their office and provide public information about the West Hylebos. State Parks
will be holding a meeting with their Commission on May 15 in Walla Walla. They will be discussing the different
options. Our Legislatures have placed $250,000 for the repair of the boardwalk and $106,000 for the completion of
the City's Hylebos Cabins Parking Lot project in the Capital Budget for consideration. Gates asked iftbere would
be anybody attending the meeting. The committee discussed whether or not this is something that committee wants
to pass on to Council to discuss if the City wants to take it over if the State gives it to the City of Federal Way.
Moseley stated that this question has been asked in the past. The response has been that the City does not want to
take over a large capital liability. Kochmar directed Schroder to attend the meeting in Walla Walla. Discussion was
held regarding what Schroder's role should be at the meeting. Kochmar stated Schroder should attend the meeting
on behalf of the City and report back the results.
PENDING ITEMS
PARKS, RECREATION, HUMAN SERYICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday, May 12,2003 Summary
Page 3
The community center advisory group will meet on Wednesday May 21 in Council Chambers at 4:00pm. On May
22 the City will hold the Community Center design workshop. That meeting will take place in Council Chambers at
7:00pm.
The online survey is now available on the City's website.
The Kenwood Pit Property Transfer is continuing. This item will be on the agenda either May 19 or May 26 with
King County.
The Advisory group is going to tour the Tukwila Community Center, Kent Senior Center, and Puyallup YMCA.
Those tours will take place on Friday May 16. Gates requested that when they are touring the Tukwila and Puyallup
sites that the difference in the size of th.e population be noted.
NEXT MEETING
June 9, 2003, 4:00 p.m. in the Mt. Baker Conference Room
ADJOURNMENT - Meeting adjourned at 5:15p.m.
S.A
CITY 0 F FEDERAL WAY
CITY COUNCIL PARKSIRECREATIONIHUMAN SERVICES!
PUBLIC SAFETY COMMITTEE
June 2, 2003 Meeting
Date:
Subject:
June 2,2003
Patricia A. Richardson, City Attorney f f>1L
David H. M~nager
Code Amendme~~p~ati~g Chapter 6, Criminal Code
From:
Via:
Back2round:
The Law Department is requesting adoption of an ordinance to amend the City of Federal Way
Code under Criminal Code Chapter 6.
When the Criminal Code Chapter 6 was previously amended the crime of stalking was
inadvertently deleted. The proposed amendment authorizes and ensures the enforcement of the
stalking laws in the Municipal Court.
The adoption of this amendment is in the best interest ofthe City of Federal Way, the Public Safety
Department, the Law Department, and the Federal Way Citizens, as well as ensuring enforcement of
the law.
Staff Recommendation: Staff recommends that the Parks Recreation Human Services and Public
Safety Council Committee approve the proposed amendment to Chapters 6 ofthe Federal City Code
and forward to full Council for consideration.
Committee Recommendation:
Move approval of the amendment to the Federal Way City Code, Chapter 6, Criminal Code, and
forward to full Council for consideration at the June 17,2003 City Council meeting.
K:\AGNDITEM\PRHSPSCOMMIlTEE\Stalking - crim code update .{\..- \
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL
WAY CITY CRIMINAL CODE TO INCLUDE THE CRIME OF
STALKING (AMENDING ORDINANCE NO. 91-89).
WHEREAS, a prior modification of the Federal Way City Code inadvertently
deleted the crime of stalking in the Criminal Code, and
WHEREAS, the Federal Way City Council finds that it is in the best interest of
its citizens to include the crime of stalking in the Criminal Code in order to ensure effective
enforcement and prosecution of criminal activity within the City,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Chapter 6, Article VIII, Section 6-189 of the Federal Way City
Code is hereby amended to read as follows:
6-189 Harassment.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9A.46.020, Definition -.: Penalties.
(2) RCW 9A.46.030, Place where committed.
(3) RCW 9A.46.040, Court-ordered requirements upon person charged with
crime - Violation.
(4) RCW 9A.46.050, Arraignment - No-contact order.
ORD#
,PAGEl
f\-L
(5) RCW 9A.46.060, Crimes included in harassment.
(6) RCW 9A.46.070, Enforcement of orders restricting contact.
(7) RCW 9A.46.080, Order restricting contact - Violation.
(8) RCW 9A.46.090, Nonliability of peace officer.
(9) RCW 9A.46.1 00, "Convicted," time when.
f1QLRCW 9A.46.110, StalkinQ.
SECTION 2. Severability. The provisions of this ordinance are declared
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance or the invalidity of the application thereof to any person
or circumstance, shall not affect the validity of the remainder of the ordinance, or the
validity of its application to other persons or circumstances.
SECTION 3. Ratification. Any act consistent with the authority and prior to
the effective date of this ordinance is hereby ratified and affirmed.
SECTION 4. Effective Date. This ordinance shall take effect and be
in force five (5) days from the time of its final passage, as provided by law.
of
PASSED by the City Council of the City of Federal Way this
,2003.
day
CITY OF FEDERAL WAY
Jeanne Burbidge, MAYOR
ORD#
, PAGE 2
A-5
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: \ord inance \stal kingO6020 3
ORD#
, PAGE 3
\\~~
S.B
CITY OF FEDERAL WAY
CITY COUNCIL P ARKS/RECREA TIONIHUMAN SERVICES!
PUBLIC SAFETY COMMITTEE
June 11, 2002 Meeting
Subject:
June 3, 2002
Pat Richardson, City Attorney ~~
David H. ~anager
Benton County Jail Services Interlocal Agreement
Date:
From:
Via:
Back2round:
The language in the proposed Benton County Jail Service lnterlocal Agreement is similar to the
other county interlocal agreements with Okanogan and Chelan counties. This proposed
agreement provides the City another venue to house inmates, which may become more important
as other municipalities in the Puget Sound area tfansport inmates to Okanogan, Chelan and
Yakima counties. The agreement does not affect the current jail services contracts.
Staff recommends that the Parks RecreationIHÚInan- ServiceslPublic Safety Council Committee
approve the proposed Benton County Agreement.
Committee Recommendation:
Approve the Benton County Jail Services Interlocal Agreement and forward to full Council for
consideration at the June 17,2003, Council meeting.
K: \A GND lTEM\P RHS PS co MMITIE E\0602 03 Benton jail
ß,-\
AGREEMENT FOR USE OF JAIL FACILITIES
THIS AGREEMENT is made and entered into by and between BENTON
COUNTY, a political subdivision of the State of Washington
hereinafter ("County"), and the City of Federal Way, a municipal
corporation under the laws of the State of Washington/political
subdivision of the State of Washington (hereinafter "Contract
Agency") .
RECITALS
WHEREAS, the County is authorized by law to operate a jail for
misdemeanants and felons and the Contract Agency is authorized by
law to operate a jail for misdemeanants and felons;
WHEREAS, the Contracting Agency wishes to designate the County jail
as a place of confinement for the incarceration of one or more
inmates lawfully committed to the Contract Agency's custody;
WHEREAS, the County is amenable to accepting and keeping inmates
received from the Contract Agency in the County's custody at its
jail for a rate of compensation mutually agreed to herein;
WHEREAS, RCW 39.34.080 and other Washington laws autþorize any
public agency to contract with another public agency to perform
services and activities that each such public agency is authorized
by law to perform; and
WHEREAS, the County and Contract Agency have considered the
anticipated costs of incarceration services and potential revenues
to fund such services and determined it is in each of their best
interests to enter into this Agreement as authorized and provided
for by RCW 39.34.080 and other Washington law.
AGREEMENT
For and in consideration of the conditions, covenants
agreements contained herein the parties agree as follows:
and
1. PURPOSE: It is the purpose of this Agreement to provide for the
use by the Contract Agency of the County IS j ail facilities and
services at the County's jail located at the Benton County Justice
Center, 7320 W. Quinault Ave., Kennewick, Washington 99336.
2. MAILING AND CONTACT ADDRESS: All written notices, reports and
correspondence required or allowed by this Agreement shall be sent
to the following:
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County:
Benton County Jail,
Attn.: Jail Administrator
7320 West Quinault Ave.
Kennewick, Washington 99336-7665
Facsimile: (509) 783-5852
Tel. No. (509) 735-6555 ext.3290
Contract Agency:
City of Federal Way, City Manager
P.O. Box 9718
Federal Way, WA 98063-9718
Facsimile: (253) 661-4024
Tel No. (253) 661-4013
4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights
with respect to certain inmates set forth in Sections 8 and 9
herein, the County will accept and keep inmates at the request of
the Contact Agency, unless in the sole discretion of the County,
its inmate population is at capacity or so near capacity that there
is a risk that the reasonable operational capacity limits of the
County's jail might be reached or exceeded if the County does not
begin to refuse or request removal of inmates; provided however,
that the County shall give the Contract Agency at least twenty-four
(24) hours notice for refusal of inmates and seventy-two (72) hours
notice for removal of inmates. The Contract Agency will only submit
inmates for confi~ement under this Agreement that the sentencing
court has deemed eligible only for 24 hours a day jail confinement
and not for participation in work crew, work release, home
monitoring or any other programs in which inmates serve all or part
of their sentences outside the confines of a jail.
5.
COMPENSATION FROM CONTRACT AGENCY:
(a) Base Rate. In return for the County's housing of an inmate of
the Contract Agency, the Contract Agency shall pay the County
fifty-five Dollars ($ 55.00) for every 24-hour period, or portion
thereof, that said inmate is in the custody of the County. Such
time period shall be measured from the time said inmate is
transferred to the custody of the County and ends when the Contract
Agency resumes custody.
(b) Other Costs. The Contract Agency shall also pay such other
costs to the County or third parties as set forth herein, including
but not limited to any medical costs required by Section 6.
(c) Billing. The County will bill ~he Contracting Agency on the
15th day of each month for all amounts due to the County under this
Agreement for the services rendered in the prior calendar month.
Payment shall be due from the Contract Agency by the 15th day of
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the following month. Account balances overdue 30 days or more will
be subject to a service charge of 1% per month (12% per annum).
Should it become necessary, the Contract Agency will pay all
collection costs associated with late payments.
(d) Booking Fee. The collection of a booking fee from the Contract
Agency's inmates pursuant to RCW 70.48.390 shall be subject to the
discretion of the Contract Agency and shall not be collected by the
County from such inmates.
6.
MEDICAL COSTS AND TREATMENT:
(a) Services Provided. Upon transfer of custody to the County, the
County will provide or arrange for the Contract Agency's inmates to
receive such medical, psychiatric and dental services as may be
nec~ssary to safeguard their health while confined, in accordance
with the provisions of Chapter 289-20 WAC, as now in effect or
hereinafter amended, and the policies and rules of the County jail.
(b) Cost Responsibility. The Contract Agency shall be responsible
for the cost of all medication prescribed for one of its inmates.
The Contract Agency shall also be responsible for all costs
associated with the delivery of medical, psychiatric and dental
services provided to. an inmate that are not available from the
health care program within the County jail and for all emergency
medical services, wherever provided. These costs shall be paid
directly to the provider or as a reimbursement to the County, as
directed by the County.
(c) Notice. Except in case of situations deemed an emergency by
the County, the County shall notify the Contract Agency's contact
person in writing, by mail or facsimile, prior to transfer of a
Contract Agency's inmate to a medical, dental or psychiatric
provider outside of the County jailor to a hospital for medical,
psychiatric or dental services.
(d) Pre-Confinement Consents or Refusals. If a Contract Agency
inmate has received or refused any medical, psychiatric or dental
treatment from the Contract Agency before confinement in the County
jail, the Contract Agency shall provide to the County all written
verification of any authorization of or refusal to authorize care
or treatment for such inmate(s).
(e) Return for Medical Services. Nothing herein shall preclude the
Contract Agency from retaking custody of an ill or injured inmate
by picking such inmate up for transfer at the County jail;
provided, in situations the County deems that an inmate requires
emergency medical care, the County shall have the right to arrange
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for emergency medical services (at the Contract Agency's expense)
notwithstanding a request from the Contract Agency to retake
custody of the inmate.
(f) Records. The County shall keep records of all medicaL,
psychiatric or dental services it provides to an inmate. Upon
resumption of custody by the Contract Agency and in accordance with
WAC 289-20-250, the Contract Agency shall receive a copy or summary
of the medical, psychiatric or dental records held by the County
for an inmate of the Contract Agency.
7. TRANSPORTATION OF CONTRACT PRISONERS:
(a) Regular Transport. The County agrees to perform, at no
additional charge, one (1) round-trip transport per calendar week
of inmates to and from the County jail and agreed upon location in
Federal Way, Washington, in order to transport inmates of the
Contract Agency to and from the County jail. The County shall have
sole discretion to set the day and time of such transport, but will
notify the contract agency of the schedule at least thirty (30)
days in advance.
(b) Additional Transport Without Costs. The County agrees to
perform one (1) additional round-trip transport per calendar week,
at no additional charge, when the number of inmates ready and
waiting to be transported to or from the County jail for. the
Contract Agency constitutes a minimum of three (3) inmates. The
day and time of such transports are within the sole discretion of
the County.
(c) Additional Transport with Costs. For any additional transports
by the County required by court order or made at the Contract
Agency's request, the Contract Agency shall reimburse the County
for all costs associated with such transport; provided, this
Agreement shall not be deemed to create an obligation of the County
to provide any transports other than those set forth in Section
7(a) or (b) above.
(d) Contract Agency Transport. In the event either party requests
that custody of an inmate be transferred back to the Contract
Agency, in accordance with any such right set forth in this
Agreement, the County shall transport such inmate in accordance
with the guidelines set forth in this Section 7 (a) or (b) above.
If the Contract Agency desires to take custody of such inmate
earlier than the next County transport without cost and the County
does not agree to a transport by the County at the expense of the
Contract Agency under Section 7 (c) above, the Contract Agency
shall take custody of the inmate at the County jail and handle all
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transport responsibility. The Contract Agency shall cause written
notice of any such expected transport by the Contract Agency to be
received by the County at least 24 hours before the time of such
transport.
8. TRANSFER OF CUSTODY:
(a) Commencement of Custody by County. The Contract Agency's
inmates shall be deemed transferred to the custody of the County
when deputies from the Benton County Sheriff's Department take
physical control of an inmate. The County will not take such
control of an inmate until the Contract Agency has delivered copies
of all inmate records pertaining to the inmate's incarceration by
the Contract Agency or its agent, including a copy or summary of
each inmate's medical records held by the Contracting Agency or its
agent. If additional information is requested by the County
regarding a particular inmate, the parties shall mutually cooperate
to obtain such information. In the absence of documentation and
information satisfactory to the County, the receiving officer may
refuse to accept the Contract Agency's inmate for confinement.
County shall not be required to take custody of or assume Control
of or responsibility for any property of the inmate, except for
such property that the County allows inmates to keep in their cell.
The Contract Agency's officers delivering an inmate to the
transportation location shall be responsible for ensuring that all
paperwork is in order and that all property allowed to be
transported with the inmate is properly packaged. At such time,
and only at such time, as all paperwork and property are in order
will the County take physical control of and assume custody of and
responsibility for the Contract Agency's inmate to be confined.
(b) Further Transfer of Custody. Except as otherwise allowed by
Section 10 of this Agreement, the County will not transfer custody
of any inmate confined pursuant to this Agreement to any agency
other than to the Contract Agency without the written authorization
from a court of competent jurisdiction.
(c) Responsibilities Upon Assumption of Custody. Upon transfer of
custody to the County, it shall be the County's responsibility to
confine the inmate; to supervise, discipline and control said
inmate; and to administer the inmate's sentence pursuant to the
order of the committing court in the State of Washington. During
such confinement, the County shall provide and furnish or arrange
for all necessary medical and hospital services and supplies in
accordance with Section 6 of this Agreement.
(d) Resumption of Custody by Contracting Agency. The Contract
Agency shall be deemed to have resumed custody of an inmate it
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transferred to the County upon either presentation of such inmate
to the Contracting Agency at Federal Way, Washington, or upon the
Contract Agency's officers taking physical control of an inmate at
any other location.
9. RIGHT TO REFUSE/RETURN AN INMATE: The County shall have the
right to refuse to accept or to return any of the Contract Agency's
inmates under anyone of the following circumstances.
(a) Pending Medical Needs. The County shall have the right to
refuse to accept any Contract Agency inmate who, at the time of
presentation for transportation to the County jail for confinement,
appears in need of medical, psychiatric or dental attention, until
the Contract Agency has provided medical, psychiatric or dental
treatment to the inmate to the satisfaction of the County.
(b) Problematic Physical History or Behavior and New Medical
Conditions. The County shall have the right to refuse to accept or
to return any Contract Agency's inmate that, in the sole judgment
of the County, has a history of serious medical problems, presents
a risk of escape, presents a risk of injury to other persons or
property, or develops an illness or injury that may adversely
affect or interfere with the operations of the County Jail. Any
special transport costs, medical or otherwise, incurred in the
return of Contract Agency's inmate under this subsection will be
the responsibility of the Contract Agency.
(c) Pending Charges. The County shall further have the right to
refuse to accept or return any inmate from the Contract Agency for
confinement that has misdemeanor, gross misdemeanor or felony
charges pending.
(d) Claims/Litigation. The County shall have the right to refuse
to accept or to return any Contract Agency inmate that files a
claim or lawsuit against the County.
(e) Return for Release. The County shall have the right to return
any Contract Agency inmate at anytime within five (5) days of the
scheduled completion of a sentence of confinement by such inmate.
(f) Return Due to Upcoming Expiration. The County shall have the
right to begin returning Contract Agency's inmates during the
thirty days preceding expiration of this Agreement so that all
inmates may be transported pursuant to the regular transports under
Section 7 (a) and (b) above.
(g) Notice of Return and Transport. The County shall provide
written notice, via facsimile or mail, of the anticipated return of
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an inmate under this Section 9 to the contact person identified
herein for the Contract Agency. The County shall transport the
inmate(s) authorized for return under this Section 9 in accordance
with Section 7 (a) or (b) and within seven days of such notice,
unless the Contract Agency transports such inmate (s) at the
Contract Agency's expense.
10. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's
inmates may be removed from the County jail for the following
reason(s) :
(a) Request by Contract Agency. Upon written request of the
Contract Agency for transfer of custody back to the Contract
Agency. In such case, the inmate will either be transported by the
Contract Agency or by the County pursuant to Section 7 above.
(b) Court Order. By order of a court having jurisdiction over a
Contract Agency's inmate. In such case, transport will be
according to the terms expressed in the court order, or by the
Contract Agency or the County pursuant to Section 7 above.
(c) Treatment Outside of Jail. For medical, psychiatric or dental
treatment or care not available within the County jail.
(d) Catastrophe. In the event of any catastrophic condition
presenting, in the sole discretion of the County, an eminent danger
to the safety of the inmate(s) or personnel of the County. In such
case, the County will inform the Contract Agency, at the earliest
practicable time, of the whereabouts of the inmate(s) so removed
and shall exercise all reasonable care for the safekeeping and
custody of such inmate(s).
11.
TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT:
(a) Termination by County. In the event of a notice of termination
from the County in accordance with Section 21 below, it shall be
the County's obligation to transport the Contract Agency's inmates
to the Contract Agency at Federal Way, Washington, at no expense to
the Contract Agency. Such transports shall be made as if the
Agreement were expiring and in accordance with the terms of Section
9 above, subsections (f) and (g).
(b) Termination by Contract Agency. In the event of a notice of
termination from the Contract Agency in accordance with Section 21
below, it shall be the Contract Agency's obligation to transport
the Contract Agency's inmates at its own expense, on or before the
effective date of such termination. Until such removal, the
Contract Agency shall pay the compensation and costs set forth
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herein related to the housing of such inmate(s). With respect to
any inmate(s) not removed in accordance with this Section 11, the
Contract Agency shall pay the base rate set forth in Section 5(a)
above plus an additional Five Dollars ($5) per inmate for every 24
hour period or part thereof that said inmate(s) remains in the
County jail; and the County shall retain all rights hereunder,
notwithstanding such termination, until all of the Contract
Agency's inmates are removed from the County jail.
12.
INMATE RIGHTS, ACCOUNTS AND PROGRAMS:
(a) Early Release Credit and Discipline. The Contract Agency
agrees that its policies if any, for early release credits shall
allow no more credit for its inmates than is allowed by the County
under its policies. The Contract Agency's inmates confined under
this Agreement shall earn early release credits under the policies
and rules prescribed by the county and state law for all inmates at
the County jail. With respect to the Contract Agency's inmates,
the County shall maintain and manage disciplinary issues and will
administer sanctions, including removal of earned early release
credit, as per facility rules. No discipline prohibited by federal
or state law will be permitted. The disciplinary policies and
rules of the County jail will apply equally to inmates confined
pursuant to this Agreement and to those otherwise confined.
(b) Inmate Accounts. The County shall establish and maintain an
account for each inmate received from the Contract Agency and shall
credit to such account all money received from an inmate or from
the Contract Agency on behalf of an inmate. The County shall make
disbursements from such accounts by debiting such accounts in
accurate amounts for items purchased by the inmate for personal
needs. Disbursements shall be made in limited amounts as are
reasonably necessary for personal maintenance. At termination or
expiration of this Agreement, an inmate's return to the Contract
Agency, or death or escape of an inmate, the County shall submit a
check to the Contract Agency in the name of each inmate eligible
for reimbursement in order to transfer an inmate's money to an
inmate account administered by the Contract Agency.
(c) Programs. The County shall provide the Contract Agency's
inmates with access to all educational, recreational and social
service programs offered at the County jail under the terms and
conditions applicable to all other inmates at the jail.
(d) Inability to Serve Time Outside of Facility. In accordance
with Section 4 of this Agreement, the Contract Agency's inmates
will not be allowed to leave the j ail for participation in
correctional work crews, work release programs, home monitoring or
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any other program in which other inmates sometimes are allowed to
leave the physical confines of the jail as part of serving their
sentence.
13.
ACCESS TO FACILITY AND PRISONERS:
(a) Access to Facility. Contract Agency shall have the right to
inspect, at mutually agreeable times, the County jail in order to
confirm such jail maintains standards acceptable to the Contract
Agency and that its inmates are treated appropriately. The County
agrees to manage, maintain and operate its facilities consistent
wíth all applicable federal, state and local laws.
(b) Access to Inmates. Contract Agency personnel shall have the
right to interview inmates from .the Contract Agency at any
reasonable time within the jail. Contract Agency officers shall be
afforded equal priority for use of jail interview rooms with other
departments, including the Benton County Sheriff's Department.
14.
ESCAPES AND DEATHS:
(a) Escapes. In the event of an escape by a Contract Agency's
inmate from the County jail, the Contract Agency will be notified
in writing as soon as practical. The County will have the primary
authority to direct the investigation and to pursue the prisoner
within its jurisdiction. Any costs related to the investigation
and pursuit within its jurisdiction will be the responsibility of
the County. The County will not be required to pursue and return
the Contract Agency's escaped inmates from outside of the County.
(b) Deaths.
(1)
In the event of a death of a Contract Agency inmate in
the County jail, the Contract Agency shall be promptly
notified in writing. Benton County Sheriff's Office
Bureau of Law Enforcement and the Benton County Coroner
will investigate the circumstances. The Contract Agency
may, if it wishes, join in the investigation and receive
copies of all records and documents in connection with
the investigation.
(2 )
The County shall, subject to the authority of the Benton
County Coroner, follow the written instructions of the
Contract Agency regarding the disposition of the body.
Such written instructions shall be provided within three
working days of receipt by the Contract Agency of notice
of such death. All expenses related to necessary
preparation of the body and transport charges shall be
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the responsibility of the Contract Agency. With written
consent from the Contract Agency, the County may arrange
burial and all matters related or incidental thereto, and
the Contract Agency shall pay all such expenses. This
paragraph deals with relations between the parties to
this Agreement and shall not affect the liability of any
relative or other person for the disposition of the
deceased or any expenses connected therewith.
15. POSTING OF BAIL: The County shall serve as agent for the
Contract Agency in receipt of any bail bonds or any monies posted
for or by a Contract Agency's inmate with the County, and any such
bonds or monies will be promptly forwarded to the Contract Agency.
16. RECORD KEEPING: The County agrees to maintain a system of
record keeping relative to the booking and confinement of each of
the Contract Agency's inmates consistent with the record keeping by
the County for all other inmates. The County shall make copies of
said records available to the Contract Agency upon its request.
17.
INDEMNIFICATION AND INSURANCE:
(a) Indemnification of Contract Agency. The County shall indemnify
the Contract Agency, its officers, agents and employees, from and
against any claim, damages, losses and expenses, including but not
limited to reasonable attorney's fees, arising from the County's
performance under this Agreement i provided, to the extent the
claim, damages, losses and expenses are caused by intentional acts
of or by the concurrent negligence of the Contract Agency, its
officers, agents, or employees, the County's indemnification
obligation hereunder shall be limited to the County's proportionate
share of liability as agreed to by the parties to this Agreement or
determined by a court of competent jurisdiction.
(b) Indemnification of County. The Contract Agency shall indemnify
the County, its officers, agents and employees, from and against
any claim, damages, losses and expenses, including but not limited
to reasonable attorney's fees, arising from the Contract Agency's
performance under this Agreement i provided, to the extent the
claim, damages, losses and expenses are caused by intentional acts
of or by the concurrent negligence of the County, its officers,
agents, or employees, the Contract Agency's indemnification
obligation hereunder shall be limited to the Contract Agency's
proportionate share of liability as agreed to by the parties to
this Agreement or determined by a court of competent jurisdiction.
(c) Insurance Requirement. Each party shall obtain and maintain
liability coverage in minimum liability limits of Two Million
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5-1\
Dollars ($2,000,000) per occurrence and Three Million Dollars
($3,000,000) in the aggregate for its conduct creating liability
exposures related to confinement of inmates, including general
liability, errors and omissions, auto liability and police
professional liability. The insurance policy(ies) shall provide
coverage for those events that occur during the term of the policy,
despite when the claim is made.
(d) Certificate of Insurance. Each party to this Agreement agrees
to provide the other with evidence of insurance coverage in the
form of a certificate from a solvent insurance provider confirming
coverage from a sol vent insurance pool which is sufficient to
address the insurance obligations set forth above.
18. NON-DISCRIMINATION POLICY: The County and the Contract Agency
agree not to discriminate in the performance of this Agreement
because of race, color, national origin, sex, age, religion, creed,
marital status, disabled or Vietnam era veteran status, or the
presence of any physical, mental, or sensory handicap.
19. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is
executed in accordance with the authority of Chapter 39.34 RCW, the
Interlocal Cooperation Act. Pursuant to the provisions of RCW
39.34.030, the Benton County Sheriff shall be responsible for
administering the confinement of inmates hereunder. No real or
personal property will be jointly 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.
20. WAIVER OF RIGHTS: No waiver of any right under this Agreement
shall be effective unless made in writing by an authorized
representative of the party to be bound thereby. Failure to insist
upon full performance on any occasion shall not constitute consent
to or waiver of any continuation of nonperformance or any later
nonperformance; nor does payment of a billing or continued
performance after notice of a deficiency in performance constitute
an acquiescence thereto.
21. TERMINATION: This Agreement may be terminated prior to
expiration by written notice from either party delivered by regular
mail to the contact person at address set forth herein.
Termination by said notice shall become effective ninety (90) days
after receipt of such notice. The notice shall set forth the
reason the party wishes to terminate the Agreement and the specific
plan for accommodating the affected inmates, if any.
22.
WAIVER OF ARBITRATION RIGHTS:
Both parties acknowledge and
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ß-)L
agree that they are familiar with the provisions of RCW
39.34.180(3), as now in effect, and that of their own free will
they hereby expressly waive any and all rights under RCW
39.34.180 (3), as now in effect or as hereinafter amended, to
arbitrate the level of compensation for incarceration services
charged under this Agreement, or any renewal thereof, that either
party may posses. The parties further agree that such level of
compensation and all other issues related to the purpose of this
Agreement will only be as agreed to herein or as otherwise agreed
to in a writing executed by the parties.
23. DURATION: This Agreement shall be effective upon execution by
both parties and shall continue through December 31, 2003, unless
terminated earlier under the terms set forth in Section 21 above.
This Agreement may be renewed for successive p~riods of one year by
written addendum executed by all parties hereto under such terms as
the parties agree in writing. Nothing in this Agreement shall be
construed to make it necessary for the Contracting Agency to
continuously house inmates with the County.
24. 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 this Agreement and an inmate's confinement under this
Agreement.
25. MISCELLANEOUS: In providing these services to the Contract
Agency, the County is an independent contractor and neither its
officers, agents, or employees are employees of the Contract 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 Contract Agency under any applicable law, rule,
or regulation.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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DATE:
BENTON COUNTY, WASHINGTON
Chairman
Member
"Member
" .
Constituting the Board of
County Commissioners of Benton
County, Washington
DATED:
Attest:
Clerk of the Board
Approved as to Form and
Content:
"}{ea cuLwell
Deputy Prosecuting Attorney
'Larry 1). TayluL
Benton County Sheriff
DATE:
FEDERAL WAY, WASHINGTON
By:
David H. Moseley
City Manager
.
...
Approved as to Form:
"
Patricia A. Richardson
City Attorney
--...&
...
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K:\JAIL\BENTON COUNTY AGREEMENT.DOC
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