Loading...
AG 23-064 - ISSAQUAH JAILRETURN TO: Kurt Schwan EXT: 6875 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Police 2. ORIGINATING STAFF PERSON: Kurt Schwan EXT: 6875 3. DATE REQ. BY: ASAP 4. 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) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): R INTERLOCAL ❑ OTHER 5. PROJECTNAME: Jail Services Agreement between Issaquah Jail and Federal Way 6. NAME OF CONTRACTOR: Issaquah Jail ADDRESS: 130 E. Sunset 130 E. Sunset Way, Issaquah, Washington 98027 TELEPHONE 425-837-3200 E-MAIL: FAX: SIGNATURE NAME: 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: upon signature COMPLETION DATE: on -going 9. TOTAL COMPENSATION $ $401,500.00 annually (estimate based on guaranteed bed rate for one year) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES A NO 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 ElRETAINAGE BOND PROVIDED ElPURCHASING: PLEASE CHARGE TO: I a A -a a oG -0 & L .5 013 - ej d � 14 a. 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) VLAW JRC 10/3/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: I COUNCIL APPROVAL DATE: t S oZ 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.) INTTIALI DATE SIGNED W DEPARTMENT NATORY (MAYOR OR DIRECTOR) ")I ❑ CITY CLERK ❑ ASSIGNED AG# AG# 23-664 COMMENTS: 2/2017 DocuSign Envelope ID: F82E3AAO-DBOA-43A1-98EF-E344B7F8BDBC INTERAGENCY AGREEMENT BETWEEN THE CITY OF ISSAQUAH, WASHINGTON AND FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE ISSAQUAH CITY JAIL This agreement is between the City of Issaquah, a municipal corporation of the State of Washington (hereinafter "Issaquah") and the City of Federal Way, a municipal corporation of the State of Washington (hereinafter "Federal Way") Recitals Whereas, RCW 39.34 and RCW 70.48, allows local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter into agreements with each other for providing jail services; and Whereas, Federal Way wishes to designate the Issaquah Jail as a place of confinement for incarceration through the use of 10 (ten) guaranteed beds; and Whereas, in an effort to streamline administrative procedures and ensure that the daily rate charge for ten guaranteed non-gendered specific beds to house inmates at Issaquah's jail is consistent with the current operating costs, it is necessary to enter into a standardized interagency agreement; and Whereas, the governing bodies of each of the parties hereto have decided to enter into,this Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be 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 considerations, the parties hereto agree to the terms and conditions set forth herein: 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 confinement pursuant to this Agreement. 2. EFFECTIVE DATE This Agreement shall be effective when both parties have executed this contract and this document has been listed on Issaquah's website in accordance with RCW 39.34,040 3. TERMINATION (A) This agreement shall be of indefinite duration. Provided, however, either party may elect to terminate this Agreement by giving written notice of termination to the other party. Said termination shall be effective ninety (90) days from the date of receipt of said written notice. Page 1 of 9 DocuSign Envelope ID: F82E3AAO-DBOA-43A1-98EF-E344B7F8BDBC (B) In the event of termination of this Agreement for any reason, Federal Way shall compensate Issaquah for inmates housed by the Issaquah Jail after notice of termination until Federal Way retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated and the provisions of this Agreement, including by way of illustration and not limitation, Indemnity, shall remain in force until such time as all inmates from Federal Way have been retaken. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Issaquah: Chief of Police Issaquah Police Department 130 E. Sunset Way Issaquah, Washington 98027 Contact. Issaquah Jail Manager City of Federal Way: Chief of Police Federal Way Police Department 33325 $th Ave S, Suite 101 Federal Way, Washington 98003 Contact: Federal Way Administrative Commander 5. COMPENSATION (A) Guaranteed Bed Rate. Issaquah agrees to accept and house non-gendered specific inmates at the daily ten 10 guaranteed bed rate of $110.00 per bed day. The $110.00 per bed per day rate shall be assessed for each day the contract is in effect regardless of occupancy by a Federal Way inmate. (B) Non -Guaranteed Bed Rate. Federal Way may purchase additional beds, as available, at the daily rate of $110.00 per bed day. However, Issaquah shall have the right to refuse to accept custody or house Federal Way inmates in excess of ten (10) bed guaranteed commitment. (C) 8illin and Payment. Issaquah agrees to provide a monthly invoice for the ten guaranteed beds by the 30th of each following month. Federal Way agrees to make payment to Issaquah within 30 days of receipt of the undisputed portion of such bill for the amount billed for the previous calendar month. Issaquah agrees to provide Federal Way with an itemized bill for inmates housed in addition to the Guaranteed Bed Rate listing all names of inmates who are housed, the number of days housed (including date of booking and date of releases), and Page 2 of 9 DocuSign Envelope ID: F82E3AA0-DBOA-43A1-98EF-E344B7F8BDBC the dollar amount due for each. Issaquah agrees to provide said bill by the 30th of each following month. Federal Way agrees to make payment to Issaquah within 30 days of receipt of the undisputed portion of such bill for the amount billed for the previous calendar month. (D) Rate Increases. Issaquah may increase guaranteed and non -guaranteed rates from time -to - time but no more frequently than once per year, in order to reflect increased costs. Issaquah will give Federal Way at least ninety (90) days advance written notice of the increased rate prior to implementation. 6. AGREEMENT AMMENDMENTS (A) Guaranteed beds. Federal Way may cancel the reserved beds, in whole or in part, at any time by providing written notice to the Jail Manager for the City of Issaquah. The notice shall be provided at least ninety (90) days in advance of the effective date of the cancellation. Issaquah may cancel the reserved beds, in whole or in part; at anytime by providing written notice to Federal Way at least ninety (90) days in advance of the effective date of the cancellation. (B) Changes in law or regulations-. Any changes in law or regulations governing jail operations impacting this Agreement will be addressed in an amendment to the Agreement. 7. SERVICES PROVIDED Issaquah agrees to provide jail services for gross misdemeanor/misdemeanor inmates for those offenses that have been committed by adults within Federal Way's jurisdiction. 8. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Issaquah 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 inmates' physical 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 faithfully executed; provided that nothing herein contained shall be construed to require Issaquah, 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. Issaquah shall provide facilities for consultation and communication between inmates and their legal counsel or public defender. It shall also be the responsibility of Issaquah to calculate "good time" accrued in and subsequent release of inmates in accordance with the Issaquah Jail's standard practice and procedures related to inmates housed in the Issaquah Jail. 9. RIGHT TO REFUSAL Issaquah shall have the right to refuse to accept any inmate from Federal Way who, in the judgment of Issaquah, has a current illness or injury which may adversely affect the operations of the Issaquah 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 or themselves. Page 3 of 9 DocuSign Envelope ID: F82E3AA0-DBOA-43A1-98EF-E344B7F8BDBC 10, HOUSING DECISIONS In order to manage its jail population, Issaquah reserves the right to decide where Federal Way inmate(s) will be housed. In the event that Federal Way inmate is transferred to another jail facility. Federal Way's obligation to pay the daily rate to Issaquah will cease and Federal Way obligation to pay the daily rate to the jail facility will be governed by Federal Way's contract with that other agency operating the jail facility. This section only applies to those inmates housed at Issaquah Jail under the non -guaranteed bed rate. 11. RETAKING OF INMATES Upon request from Issaquah, Federal Way shall, at its expense, retake any Federal Way inmate within twelve (12) hours after receipt of such request. In the event the confinement of any Federal Way is terminated for any reason, Federal Way, shall, at its expense, retake such inmate from Issaquah. 12, COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE Federal Way law enforcement officers placing Federal Way misdemeanants in the Issaquah Jail shall, in every instance, first furnish an arrest warrant, citation, court order, or judgement and sentence, to the Issaquah Jail upon booking of an inmate. Federal Way is also responsible for providing Issaquah Jail with a complete bail schedule ho later than January 1 of each year. 13. NON -ASSIGNABILITY Federal Way agrees to not sublet any of their guaranteed beds to any jurisdictions. This Agreement may not be assigned by either party. 14. TRANSPORTATION Federal Way inmates incarcerated in Issaquah pursuant to this Agreement shall be transported to Issaquah by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Issaquah is not responsible for transportation of Federal Way inmates under this agreement and shall be reimbursed by Federal Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an inmate by Issaquah becomes necessary including if the transport was a result of a warrant, or medical appointment. Such transportation shall be calculated based upon the time required for transport at the correction officer over time rate of $55.00 per hour. 15. RECORDS AND REPORTS Issaquah shall keep all necessary and pertinent records concerning such inmates incarcerated in the Issaquah Jail. During an inmate(s confinement in Issaquah, Federal Way shall upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration, as may be permitted by law. 16. MEDICAL TREATMENT Page 4 of 9 DocuSign Envelope ID: F82E3AAO-DBOA-43A1-98EF-E344B7F8BDBC (A) Inmates shall receive medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while hosed in the Issaquah Jail. Issaquah shall provide for routine medical services in the Issaquah Jail. Examples of medical services which may be provided in the Issaquah Jail but which are not routine, and for which Federal Way shall be billed include, but are not limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. Federal Way shall be responsible for any and all medical, dental or mental health costs incurred by or on behalf of an ALAX inmate including but not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of any emergency and/or medical service provide to Federal Way inmates. (B) If Issaquah becomes aware that a Federal Way inmate is in need of medical health care requiring the assistance of a medical health care services provider, then Issaquah shall make reasonable efforts to notify Federal Way prior to obtaining said service. If Federal Way is contacted and does not authorize Issaquah to obtain the service, then Federal Way shall within one hour pick up the inmate from the Jail. Provided, i9n the case of emergency, Issaquah may notify Federal Way after the service has been provided. (C) An adequate record of all such services shall be kept by Issaquah in accordance with HIPPAA regulations for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. (D) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal Way inmate regarding hospitalization. If necessary, Federal Way shall reimburse Issaquah dollar for dollar any amount expended or cost incurred by Issaquah in providing the same. Upon payment from Federal Way for the inmate's health care expense, Issaquah will assign to Federal Way, if requested by Federal Way, any and all right to reimbursement for medical expenses authorized under RCW 70.48.130. Except in emergencies, Federal Way will be notified by contacting a duty supervisor at the Federal Way Police Department prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a hospital, Issaquah shall notify Federal Way as soon as possible of transport. Federal Way is responsible for providing security during any time of hospitalization. 17. DISCIPLINE Issaquah shall have physical control over and power to exercise disciplinary authority over all inmate of Federal Way. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the constitution and laws of the State of Washington or the constitution and laws of the United States. 18. REMOVAL FROM THE JAIL An inmate from Federal Way legally confined in Issaquah shall not be removed from there by any person except: (A) When requested by Federal Way Police Department in writing authorizing such release; or (B) Upon court order in those matters in which said court has jurisdiction over such inmate; or (C) For appearance in the court in which a Federal Way inmate is charged; or Page 5 of 9 DocuSign Envelope ID: F82E3AAO-DBOA-43A1-98EF-E344B7F8BDBC (D) In compliance with a Writ of Habeas Corpus; or (E) For interviews by Federal Way attorney or member of Federal Way Police Department; or (F) If the inmate has served their sentence, or the charge pending against said inmate has been dismissed, or bail or other recognizance has been posted as required by the courts; or (G) For other scheduled court appearance, including those for which they are not being held; or (H) Upon the execution of the Standards of Release Administrative Order No. 2013-01; or (1) For medical care and court ordered evaluations. 19. LOSS OF USE The parties understand that there may be times when conditions at the Issaquah Jail, such as required maintenance or repairs, may cause some or all of the reserved beds to be temporarily unavailable. Issaquah agrees to provide as much notice as is reasonably practicable if any or all of the reserved beds will be temporarily unavailable and will endeavor to keep any such unavailability to a minimum. The temporary unavailability of such beds shall not be a breach of this agreement or entitle Federal Way to any compensation from the Issaquah. During any period of unavailability, Federal Way will be relieved of the obligation to pay for any unavailable beds. 20. DISPUTE BETWEEN FEDERAL WAY AND ISSA UAH Should a dispute arise as to the application, compensation, enforcement, or interpretation of this Agreement between Federal Way and Issaquah, the parties shall first attempt to resolve such disputes through good faith and reasonable negotiations. However, if a dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon mutual written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through binding arbitration, which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally, however, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 21. INDEMNIFICATION Issaquah agrees to defend, indemnify and hold Federal Way harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful or negligent act or omission by any officer, agent, or employee if Issaquah occurring subsequent to any claimant's entry into the Issaquah booking room and during any claimant's incarceration in the Issaquah City Jail. In addition, Issaquah shall maintain a policy of liability insurance with limits of not less than $1,000,000, naming the Federal Way as an additional insured thereon, provided, that Federal Way shall accept a certificate from the WCIA certifying that Issaquah is a Page 6 of 9 DocuSign Envelope ID: F82E3AAO-DBOA-43A1-98EF-E344B7F8BDBC member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. Federal Way agrees to defend, indemnify and hold Issaquah harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful arrest, false imprisonment, or other wrongful or negligent act or omission by any agent, officer or employee of Federal Way. In addition, Federal Way shall maintain a policy of liability insurance with limits of not less than $1,000,000, naming Issaquah as an additional insured thereon, provided, that Issaquah shall accept a certificate from the WCIA certifying that Federal Way is a member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 22. REQUIRED ELEMENTS In accordance with the requirements of RCW 39.34.030, the following provisions, stipulations and/or waivers are adopted: (A) This Agreement has been approved by the governing bodies of each of the participating agencies/ (B) No separate organization or separate legal or administrative entity is created by this Agreement. (C) Each party to this Agreement shall maintain its own separate budget in accordance with the provision of Title 35 and 35A RCW an no joint or cooperative budget shall be undertaken. (D) The terms of this Agreement do not contemplate the acquisition of any property. However, in the event any property is acquired for the performance of this Agreement, upon termination of this Agreement, said property shall be sold and the proceeds shall remain with Issaquah. (E) This Agreement shall be administered by the Chiefs of Police, or their representative, from Issaquah and Federal Way. 23. CONCURRENT ORIGINALS This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 24. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any attachments, supersede all prior written and verbal agreements and/or statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. Any prior written and/or oral agreement between the parties pertaining to jail services is terminated and superseded by this Agreement. This Agreement and any attachments contain the entire Agreement between the parties. Should any language in any attachment conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Page 7 of 9 DocuSign Envelope ID: F82E3AAO-DBOA-43A1-98EF-E344B7F8BDBC 25. PREA ACKNOWLEDGEMENT —CUSTODIAL AND SEXUAL MISCONDUCT (A) Compliance - Issaquah agrees to ensure that all of its employees, contractors, vendors, and volunteers that have contact with Federal Way Inmates comply with all federal and state laws regarding sexual misconduct including, but not limited to: a) The Prison Rape Elimination Act of 2003 (PREA) b) The standards for adult Prisons and Jails or Community Confinement Facilities, whichever is applicable, as promulgated by the US Attorney, and c) Zero tolerance toward all forms of sexual abuse and sexual harassment. (B) Monitoring - Issaquah agrees to provide the Federal Way documented compliance with the Federal Prison Rape Elimination Act standards. Monitoring may include, but is not limited to: a) Site visits, b) Access to facility data, and c) Review of applicable documentation. (C) Federal Way may terminate this Agreement a) Should Issaquah fail to provide documentation that demonstrates that the Issaquah Jail is actively and effectively working toward and is making substantive progress toward achieving compliance; or b) Should Issaquah fail to maintain PREA compliance between auditing periods, after being given a reasonable opportunity to cure. (D) Federal Way will terminate this Agreement a) Should Issaquah elect to discontinue pursuit of PREA compliance; b) Should Issaquah be found in noncompliance through a PREA Audit and fail to cure such noncompliance within the identified time -frames; or c) Should Issaquah be found to be in egregious violation of PREA. 26. SEVERABILITY Should any provision of this Agreement be determined to be unenforceable by a court of law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions herein. Page 8 of 9 DocuSign Envelope ID: F82E3AAO-DBOA-43A1-98EF-E344B7F8BDBC IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so, acknowledge that they have read this Agreement, understand its terms, and enter this Agreement in a knowing, intelligent, and voluntary manner. CITY OF ISSAQUAH DocuSigned by: ('ft P XA� By Rai VT c0a8il y Its: mayor Date: 2/22/2023 ATTEST: DocuSigned by: Its: City Clerk Date:2/22/2023 APPROVED AS TO FORM: i3ocusigned by: �1 1 By: 120147 der Tu rp i n Its: City Attorney Date:2/22/2023 CITY OF FEDERAL WAY CJim errell Its: Mayor Date: 3G Aill - 3, ATTEST: �kam &L� B Stephanie Courtney Its: City Clerk + Date: APPROVED TO AS FORM; /Zj � a t: J. Ryan Call ts: City Attorney Date: It It. "Ou Page 9 of 9 Certificate Of Completion Envelope Id: F82E3AAODBOA43Al98EFE344B7F8BDBC Subject: Please DocuSign: 32300069 Issaquah City Jail 10-29-22.pdf Source Envelope: Document Pages: 9 Signatures: 3 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 2/22/2023 2:19:08 PM Signer Events Mary Lou Pauly MaryLouP@issaquahwa.gov Mayor City of Issaquah Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/24/2020 3:14:11 PM ID:fb5789bf-b489-4341-8866-85f86dbb2ca2 Tisha Gieser TishaG@issaquahwa.gov City Clerk City of Issaquah Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rachel Bender Turpin Rachel@madronalaw.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/3/2021 11:52:22 AM ID: a8c076d3-23b4-443f-a0ce-66f61 11 f68cl In Person Signer Events Editor Delivery, Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Holder: Natalie McNabb nataliem@issaquahwa.gov Signature Signature Adoption: Pre -selected Style Using IP Address: 174.127.161.34 �Dawsy,.d nr: FE59BXA7195�41C Signature Adoption: Uploaded Signature Image Using IP Address: 67.170.103.228 a..ocuarpnen➢p�:y 5ESPC9 W izC+wa._ Signature Adoption: Uploaded Signature Image Using IP Address: 24.18.194.13 Signature Status Status Status Status Docu ftry Status: Completed Envelope Originator: Natalie McNabb 135 E. Sunset Way Issaquah, WA 98027 nataliem@issaquahwa.gov IP Address: 76.146.182.61 Location: DocuSign Timestamp Sent: 2/22/2023 2:22:18 PM Viewed: 2/22/2023 3:46:45 PM Signed: 2/22/2023 3:46:54 PM Sent: 2/22/2023 3:46:56 PM Viewed: 2/22/2023 4:09:52 PM Signed: 2/22/2023 4:10:00 PM Sent: 2/22/2023 4:10:02 PM Viewed: 2/22/2023 4:22:19 PM Signed: 2/22/2023 4:22:29 PM Timestamp Timestamp Timestamp Timestamp Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/22/2023 2:22:18 PM Certified Delivered Security Checked 2122/2023 4:22:19 PM Signing Complete Security Checked 212212023 4:22:29 PM Completed Security Checked 2/22/2023 4:22729 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 3/23/2020 3:57:52 PM Parties agreed to: Mary Lou Pauly, Rachel Bender Turpin ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Issaquah (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Issaquah: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: gust@issaquahwa.gov To advise City of Issaquah of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at gust@issaquahwa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Issaquah To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to gust@issaquahwa.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Issaquah To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to gust@issaquahwa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:llsupport.docusign.comlguideslsign6r- ug ide- si nin -s stern -re uirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and ■ Until or unless you notify City of Issaquah as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Issaquah during the course of your relationship with City of Issaquah. 7f COUNCIL MEETING DATE: October 18, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT — ISSAQUAH CITY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Issaquah City Jail for jail services at the cost of approximately $401,500 annually? COMMITTEE: PRHS&PSC MEETING DATE: Oct 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. Issaquah City Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do not approve this amendment ___ _ MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: "t I I31RECTOR APPROVAL: C nmeci oimcil lnitinll7,rtc Initinlli7nlc IltiliallDate COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Issaquah City Jail to the Det er 18, 2022, Council consent agenda for approval. Al Committee C11ai Committee Member , Commute e ber POSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Issaquah City Jail and authorize the Mayor to sign said agreement". (BELOW TO 8E COMPLETED BY CITY CLERK'S OFFICE) IiVCIL ROV l[)E � COUNCIL BILL # APPRb�'�• `�` ❑ 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: October 11, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Issaquah City Jail Financial Impacts: The Issaquah City Jail is one of the jail services providers we utilize to house our inmates. The projected annual cost to utilize the Issaquah City Jail, based on a ten (10) bed guaranteed rate, would be approximately $401,500. 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 our 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 Issaquah City Jail is one of the jail services providers we utilize to house our inmates. The projected annual cost to utilize the Issaquah City Jail, based on a ten (10) bed guaranteed rate, would be approximately $401,500. Issaquah City Jail currently has the best guaranteed bed rate amongst the jail services providers that we currently utilize at $110 per day. As this time, even with the increases experienced at our other jail services providers, the daily rate at the Issaquah City Jail remained consistent with the 2022 rate. I recommend we continue with this agreement. Rev. 7/18