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AG 06-084 ---. --- --.-- - DATE IN: I DATE OUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.IDIY: PS RETURN TO LYNETTE 2. ORIGINATING STAFF PERSON: ANDY HWANG - CONTACT LYNETTE EXT: 6701 3. DATEREQ. BY: APRIL28,2006 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) x PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT (E.G. AGREEMENT & o MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G.. RFB, RFP, RFQ) (LESS THAN $200,000) 0 CONTRACT AMENDMENT AG#: o PURCHASE AGREEMENT) 0 CDBG (MATERIALS, SUPPLIES, EQUIPMENT) 0 OTHER o REAL ESTATE DOCUMENT 5. PROJECT NAME: INTERLOCALAGREEMENT BETWEEN OKANOGAN COUNTY, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE OKANOGAN COUNTY JAIL. 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: led re/U..W<< S;<<~ 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SA ES TAX, IF ANY) ~ ~ (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY 10. CONTRACT REVIEW INITIALIDATEAPPROVED INITIAL/DATE APPROVED o PROJECT MANAGER ~ / X DIRECTOR' tf~ y/:; ~/t!C o RISK MANAGEMENT ~.. x LAW ~ 4l2k!~ /' ~ 11. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED lAW DEPARTMENT It{ '2-<{01,.. McrI,., CITY MANAGER ~O~ ._ CITY CLERK b SIGN COpy BACK TO ORGINATlNG DEPT. (c 3 . ..._ ASSIGNED AG# tJ~ -te'-l o PURCHASING: PLEASE CHARGE TO: COMMENTS 10/09/02 ..... INTERLOCAL AGREEMENT BETWEEN OKANOGAN COUNTY, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INlVIA TES IN THE OKANOGAN COUNTY JAIL THIS INTERLOCAL AGREEMENT, hereinafter referred to as "Agreement", is made and entered into on this day of tb ~~ 2006 by and between the City of Federal Way hereinafter referred to as "The City' , and the Board of County Commissioners of Okanogan County, Washington, hereinafter referred to as "Okanogan County", each party having been duly organized and now existing under the laws of the State of Washington. . WITNESSETH: . . WHEREAS, Okanogan County is authorized by law to operate a jail and the City is authorized by law to operate a jail; and WHEREAS, the City wishes to designate the Okanogan County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the City's custody; and WHEREAS, the Director of the Corrections Facility of Okanogan County is desirous of accepting and keeping in his/her custody such inmate(s) in the Okanogan County jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to contract with any city to perform any governmental service, activity or undertaking which each contracting jurisdiction is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: Section I. 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 govem in any matter relating to inmate confinement pursuant to this Agreement. Section 2. DURATION This Agreement shall remain in full force and effect from the effective date hereto until December J I, 2008, subject to earlier termination as provided by Section 3 herein. This Agreemcnt may be rcnewed for like successive periods by written addcndum LInder such terms :.11 1I:i.j.j1):i1) I )()('. U()()OO(,'JOOI (,I), : and conditions as the parties may determine. Nothing in this Agreement shall be construed to make it necessary for the City to have inITIates housed in Okanogan County continuously. Section 3. TERMINA TION (a) By either party. This Agreement may be temlinated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that temlination shall become effective ninety (90) days after receipt of such notice. Within said ninety (90) days, the City agrees to remove its inmate(s) from the Okanogan County jail. (b) By the City due to lack of fundin~. The obligation of the City to pay Okanogan County under the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation, budgeting, and availability of sufficient funds by and from the City of Federal Way. In the event that sllch funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then the City shall have the option of terminating the Agreement upon written notice to Okanogan County, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the City. (c) Compensation Due for Services Rendered. In the event of termination of this Agreement for any reason, the City shall compensate Okanogan County in the same manner, and at the same rates as if this Agreement had not been terminated, should any City inmates remain housed by Okanogan County after notice of such termination. Section 4. MAIUNG ADDRESSES (a) All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the attention of the following people, except as set forth in (b) below: Okano!!an Countv: Okanogan County Corrections Street 149 4th Ave N City Okanogan, W A 98840 Contact Person: Noah Stewart City or Federal Way: City of Federal Way PO Box 9718 Federal Way, W A 98063 (b) Contact Person: Noti fication related to the Medical, Removal, Escape, or Death clauses herein shall be given by facsimile with a follow up telephone call to: The on duty Federal Way Police Department Watch Commander, 253-835-6851. :11 \ 1 .'~~').") I)()( .1 'UUU(J(, 'JUIIII>U : Section 5. COMPENSA TION (a) Rates. Except as provided in subsection (b), Okanogan County agrees to perfonn at no transport cost to the City, a minimum of two transports per week from the Fife City Jailor such other location as designated by the City in order to transport Federal Way inmates to and from the City, and to house the City inmates for compensation per day pcr inmate, at the rate of forty-two dollars ($42.00) per day. (b) Billing and payment. Okanogan County agrees to provide the City with an ItClllllCd bill listing all names of Inlllatcs who are housed, the casc or citation number, the nUll1her of days housed including the date and time booked into Okanogan Coun.ty's jail and the date and time released from Okanogan County's jail, and the dollar amount due for each. Okanogan County agrees to provide said bill on or about the lOth of each month. The City agrecs to make payment to Okanogan County on or about thirty (30) days from the date the bill is received. Section 6. RIGHT OF INSPECTfON The City shall have the right, but not thc duty, to inspect at all reasonable times, all Okanogan County jails in which inmatcs of the City are confined in order to determine ifsuchjailmaintains standards of confinement acceptable to the City and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin. Okanogan County shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. Section 7. INMA TE ACCOUNTS Okanogan County shall establish and maintain an account for each inmate received from the City ~llld shall credit to such account all money which is received and shall make disbursements, debiting such account in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. Okanogan County shall be accountable to the City for such inmate funds. At either the tennination of this Agreement, the inmate's death, release from incarceration or retum to either the City or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of the City. If requested by the City, Okanogan County Corrections will retum said inmate reimbursement to the City in the form of a check in the name of each inmate eligible for said reimbursement. Section 8. RESPONSIBILITY FOR INMATE'S CUSTODY (a) It shall be the responsibility of Okanogan County to confine the inmate or inmates; to provide treatment, including the fumishing of subsistence and all nccessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with their individual needs; to retain them in said custody; to supervise them; to maintain propcr discipline and control; to make certain that they receive no special privileges and that the scntcnce and orders of the committing court in the Statc :mT:i~~()'() f)()C:I'OOOO(, ()OOI(,(I.': - .- -- -- are faithfully executed; provided that nothing herein contained shall be construed to require Okanogan County, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agrcernent. (b) Except as provided in Section 12, it is expressly understood that Okanogan County shall not be authorized to transfer custody of any inmate confined pursuant to this Agreement to any party other than the City, or to release any inmate from custody without written authorization from the committing court. Section 9. MEDICAL SERVICES . . (a) Inmates from the City shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while hOllsed in the Okanogan County jail. Okanogan County shall provide, or arrange for the providing, of such medical, psychiatric, and dental services. The City shall pay directly or reimburse Okanogan County for all costs associated with the delivery of medical services, or any emergency and/or major medical service, provided to the City inmates. (b) Okanogan County shall keep an adequate record of all such services. The City will be able to review at Its request any medical or dental services of major consequence, in accordance with applicable law, including but not limited to HIPPA. Okanogan County will report to the City any medical or dental services of a major consequence as soon as is practical (c) Should medical or dental services require hospitalization, the City agrees to compensate Okanogan County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, the City will be notified either by phone or fax prior to the inmate's transfer to a hospital and nothing herein shall preclude the City ti'om retaklllg the ill or injured inmates. Section 10. DISCIPLINE Okanogan County shall have physical control over and power to execute disciplinary authority over all inmates of the City. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by state or federal law or the imposition of a type of discipline that would not be imposed on an inmate who is not confined pursuant to this contract. Section II. RECORDS AND REPORTS (a) Before or at the time of delivery of each inmate, the City shall forward to Okanogan County a copy of all inmate records pertaining to the inmate's present incarceration at the Fife City Jail. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Okanogan County shall keep all necessary and pertinent records concerning such inmates in the manner mutually agreed upon by the parties hereto. During an :JIlT:i44'):'<j IJ()( .1/(j(jOO(, ')(jOI(o(ii: --- ---- ------ inmate's confinement in Okanogan County, the City shall, upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmate's incarceration. Section 12. REMOVAL FROM THE JAIL Except for eligible inmates for correctional work details and under the direct supervision of a corrections officer, an inmate of the City legally confined in Okanogan County shall not be removed therefi'om by any person without written authorization from the City or by order of any court having jurisdiction. Okanogan County agrees that no early releases or alternatives to incarceration, including furloughs, passes, home detention, or Work Release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of Okanogan County. In the event of any such emergency removal, Okanogan County shall inform the City of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable carc for the safc keeping and custody of such inmate or inmates. Section 13. ESCAPES In the event any City inmate shall escape from Okanogan County's custody, Okanogan County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to the City. Okanogan County shall have the primary responsibility for ane! authority to file escape charges and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Okanogan County; however, Okanogan County shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other counties. Section 14. DEA TH OF AN INMATE (a) In the event of the death of a City inmate, the Okanogan County coroner shall be notified. The City shall receive copies of any records made at or in connection with such notification. Okanogan County will investigate any death within its facility and will allow the City to join in on the investigation. (b) Okanogan County shall immediately notify the City of the death of a City inmate, furnish information as requested and, subject to the authority of the Okanogan County coroner, follow the instructions of the City with regard to the disposition of the body. Written notice shall be provided within three calendar days of receipt by the City of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by the City. With the City's consent, Okanogan County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the I iabi Ii ty 0 f any relative or other person for the disposition 0 f the deceased or for any expenses connected therewith. :J111544'i5'i.DUC.I/OOOO(, ()OO\W.: (c) The City shall receive a certified copy of the death certificate for any of its inmates who have died while in Okanogan County custody. Section 15. RETAKING OF INMATES In the event the confinement of any City inmate is terminated for any rcason by either party, retaking of inmates shall be coordinated in the same manner and at the same rates as if this Agreement had not been terminated, or in a manner as agreed in writing by the parties. Section 16. HOLD HARMLESS AND INDEMNIFICA nON (a) The City shall defend, indemnify and hold hannless OkanQg,an County, its officers, agents and employees from any claim, cost, judgment or damages, including attorneys' fees, arising from any City action or proceeding involving the confinement of any inmates from the City in Okanogan County: provided that this subsection shall not apply to any such claim, cost, judgment or damage that arises out of or in any way results from any allegations of any intentional, \villful or negligent act or omission on the part of Okanogan County or any officer, agent or employee thereo r. (b) Okanogan County shall defend, indemnify and hold harmless the City, its officers, agents and employees from any claim, cost, judgments or damages, including attorneys' fees, including third party claims, arising out of any action or omission of Okanogan County, its officers, agents, independent contractors, or employees while City inmates ~lre in the custody of Okanogan County, or for any wrongful release of inmates placed in their custody, or for any claim by its employees, agents or independent contractors that may be asserted against the City in perfornling this Agrecment. (c) An inmate shall become the responsibility of Okanogan County at the I point that the inmate(s) is booked into Okanogan County jailor when the inmate(s) has been released to the care, custody and control of Okanogan County, including without limitation the I point at which Okanogan County, or its agents, picks up inmates or transports inmates as in Section 5, whichever occurs first. Okanogan County shall hold the City harmless under the terms of this section for all claims arising out of the detention of the inmate(s). Accordingly, Okanogan County shall be held hannless by the City under the tenns of this Agreement, for claims arising out of the arrest of the inmate(s), or arising out of any situation occurring prior to the time that Okanogan County assumes responsibility for the inmate(s). (d) The provisions of this section (Section 16) shall survive any termination or expiration of this Agreement. Section 17. INSURANCE (a) Each party agrees to provide the other with evidence of insurance coverage, in the fornl of a certificate of insurance from a solvent insurance provider and/or a lettcr contirming coveragc rrom a solvent self insurance pool, which is sufficient to address the Insurance and ll1dcmtlllication obligations sct torth in this Agreement. : .Iln';~~')5<) DO( '; I i(lO()()(, <)01) I (,I), : -------- --- (b) Each party shall obtain and maintain coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. For the purpose of this paragraph, membership in a self insurance risk pool that provides coverage with limits that are no less than the policy, and limits identified above shall satisfy the requIrements of thIS. Section 18. RIGHT TO REFUSE INMA TE(S) (a) Okanogan County shall have the right to refuse to accept any inmate from the City when, in the opinion of Okanogan County, its inmate census is at capacity or so near capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Okanogan County shall further have the right to refuse to accept any 1l1111ate t'rom the City who, in the judgment of Okanogan County, has a current illness or injury which may adversely affect the operations of the Okanogan County jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. (c) Except as provided in Section 5 (a) and (b), Okanogan County shall further have the right to refuse to keep any inmate from the City as provided in subsection (b) of Section 18, and any transport returned to the City as a result of Section 18 shall be at the expense of the City unless otherwise agreed upon in writing. Section 19. MISCELLANEOUS In providing services under this contract, Okanogan County is an independent contractor and neither it nor its officers, agents or employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this contract give rise to any claim of career service or civil service rights, which may accrue, to an employee of the City under any applicable law, rule or regulation. Section 20. FINANCING There shall be no financing of any joint or cooperative undertaking pursuant to this Interlocal Agreement. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. Section 21. PROPERTY This Agreement does not provide for the acquisition, holding or disposal of real or personal property. :.Ilns~.jl)S9IJOC.li()()()()(1 'I()() I (,()/: Section 22. JOINT ADMINISTRATIVE BOARD No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be administered by the City Administrator for the City of Federal Way, or his/her designee, and the Chainuan of the Okanogan County Board of Commissioners, or his/her designee. Section 23. GENERAL PROVISIONS This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in the Agreement. No provision of the Agreement may be amended or modified except by written agreement signed by all of the paI1ies' successors in interest and assigns; provided, however, that Okanogan County shall not delegate its duties pertaining to'City inmate care without the written consent of the City, which consent shall not be withheld unreasonably. Any provision that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either party defaults on the perfornlance of any terms of the Agreement or either party places the enforcement of the Agreement in the hands of an attorney, or files a lawsuit, the prevailing party shall be entitled to an award of all its attorney fees, costs and expenses. Failure of any party to declare any breach or default immediately upon the occurrence I thereof, or delay in taking any action in connection therewith, shall not waive sllch breach or default. Time is of the essence of the Agreement and each and all of its provisions in which I performance is a factor. The laws of the state of Washington shall govern this Agreement. Any action, suit, or judicial or administrative proceeding for the enforcement of the Agreement shall be brought and tried in the Superior Court for the State of Washington in King County. This I Agreement may be executed in any number of counterparts. Upon Effective Date, this Agreement modifies, supersedes and replaces any and all contractual provisions, promises, or covenants contained in any previous agreement between the City and Okanogan County. IN WITNESS WHEREOF, the above and foregoing Agreement as been executed in duplicate by the parties hereto and made effective on the day and year first above written: DATED at Okanogan, Washington this ~ day of ~ 1006. CITY OF FEDERAL WAY BOARD F COUNTY COMMISSIONERS O~A~ OKAN GAN, WASHINGTON By: ;L Derek Matheson, Interim City Manager : JllT5.U'i5'lllOC;1 /()OOO(, 'lOOI Wi: fJ-loJ-- ~~~ Andre Lal pember erSO(l, Member. .;' ,', " ~ "'! ' ~ -.. i.\:"; J ." I) .,,\-:. \'1 ') 'c A TTEST/: ATTEST: " / c, .-., ~ " C) I , , By: By: t--., ' .;. V /.1 .c_. "'~./ :./ ""\- .. row.dl..C'>9}erk 0 Stl~ 'Board ,./"!'O " ..."..... -. "",""," "'" ..,.. City Clerk OKANOGAN COUNTY SHERIFF By -1~~ Frank Rogers, Sheri APPROVED AS TO FORM: atricia A. Richardso , ity Attorney , Civil Deputy :.I1115-1-1')5'IIIOl I (JIll)! 1(, 'I(J(JI (,0:: -