AG 19-069 - Puyallup City Jail LRETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT
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#): x INTERLOCAL
❑ OTHER
5. PROJECT NAME: JAIL SERVICES-INMATE HOUSING
6. NAME OF CONTRACTOR: PUYALLUP CITY JAIL
ADDRESS: 311 W.PIONEER,PUYALLUP,WA 98371 TELEPHONE_
E-MAIL: FAX:
SIGNATURE NAME: KEVIN YAMANIOTO TITLE C ITN'\7 1NA(;Elt
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑
ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: JANUARY 1,2020 COMPLETION DATE: I YEAR AIT[`O RENEWALS
9. TOTAL $150,000 (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INITIAL/DAT SI NED
❑ LAW
�DEPARTMENT
R-S- i1VATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# AG# �o
❑ SIGNED COPY RETURNED DATE SENT: 5.193
COMMENTS:
5k
COUNCIL MEETING DATE: April 16,2019 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: JAIL SERVICES CONTRACT—PUYALLUP CITY JAIL
POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Puyallup City
Jail for jail services at the cost of approximately$150,000 annually?
COMMITTEE: Parks, Recreation,Human Services, and Public Safety MEETING DATE: April 9,2019
Council Committee—(PRHS&PSC)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kurt Schwan,Professional Standards Commander DEPT: Police
Attachments:
1. Staff Report
2. Puyallup City Jail Contract
Options Considered:
1. Approve the execution of this contract
2. Do not approve this contract
MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract
MAYOR APPROVAL: DIRECTOR APPROVAL:
3/R-
4-1-17
" J.niriii;:c Counc' S Initially to
f:i is i.a'�r:u� [nitiulfl]nPe
COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Puyallup City Jail to
the April 16, Y)19;;C owned consent agenda for approval.
'r r
ommittee Chair U Conuuniittee ember Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Puyallup City Jail and
authorize the Mayor to sign said agreement".
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
QqtJNCtL ACTIO Bjr 1
APP$flVED ffJJ 41v/..M COUNCIL BILL#
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: April 9, 2019
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Jail Services Contract—Puyallup City Jail
Financial Impacts:
By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail
services expenditures would be $4,330,300. This would be an annual savings over
SCORE/KC Jail contracts of$2,085,672. The Puyallup City Jail is one of the jail services
providers to be utilized in order to achieve the above stated savings. The projected annual
cost to utilize the Puyallup City Jail would be $150,000.
Ilack,,,round Information:
In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing
consolidated correctional services at a lower total cost to the participating Owner Cities. In
the case of Federal Way,there has been a significant jail cost increase in the seven years we
have been an Owner City,creating a financial burden that is unsustainable. In 2012,Federal
Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In
2018,the SCORE jail budget swelled to $6,293,163,a 30.23%M&O obligation(80 ADP).
(The 2018 total jail budget is $6,415,972, which includes other jail expenses outside of
SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP,
has increased our SCORE budget by$3,987,883—this reflects an increase of 173%since the
inception of our participation.
The SCORE Financial Alternatives Study Subcommittee was created to research financial
alternatives for Owner Cities. At this time,no feasible alternative option exists or has been
presented for Owner Cities to remedy the unsustainable financial obligation for the City of
Federal Way.
The following are all of the projected annual on-going jail services expenditures utilizing jail
facilities other than SCORE;
Rev.7/18
Average Daily Maintenance (+booking fees) at 70 ADP $2,395,300
SCORE debt service $935,000
Infirmary/Mental Health Detention $275,000
Medical $150,000
Work Release/EHM/Probation $100,000
Four (4) FTEs (salary&benefits) $460,000
M&O for jail transport vehicle $15,000
Total annual projected Jail Operations Expenditure $4,330,300
Current 2018 SCORE/KC jail budget $6,415,972
Annual savings over current SCORE/KC Jail contracts $2,085,672
On September 4, 2018, Federal Way City Council unanimously passed a resolution
authorizing the withdrawal from the SCORE Inter-local Agreement. The Puyallup City Jail
has been identified as one of the jail services providers to be utilized in order to achieve the
above stated savings. The projected annual cost to utilize the Puyallup City Jail would be
$150,000.
Rev.7/18
INTERAGENCY AGREEMENT BETWEEN THE CITY OF PUYALLUP,
WASHINGTON AND CITY OF FEDERAL WAY,WASHINGTON, FOR THE
HOUSING OF INMATES IN THE PUYALLUP CITY JAIL
This agreement is between the City of Puyallup, a municipal corporation of the State of
Washington (hereinafter "Puyallup") 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 Puyallup Jail as a place of
confinement for the incarceration through the use of three (3)guaranteed beds; and
WHEREAS, in an effort to streamline administrative procedures and ensure that the daily
rate charged of $95.00 for three guaranteed non-gender specific beds to house inmates at the
Puyallup 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 as follows:
ALreement
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. Additionally, the appropriate venue under
this contract is Pierce County,Washington.
2. EFFECTIVE DATE
This Agreement shall be effective January 1, 2020 and this document has been listed on
Puyallup's website in accordance with RCW 39.34.040. This Agreement shall be in place for one
(1) year with automatic one (1) year renewals for each year after unless terminate in compliance
with section 3 of this Agreement.
TERMINATION
a) By either party. This Agreement may be terminated by written notice from either
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party to the other party delivered by regular mail to the contact person identified herein,provided
that termination shall become effective sixty (60) calendar days after receipt of such notice.
Notice will be presumed received three (3) working days after the notice is posted in the mail.
Within said sixty(60) days, Federal Way agrees to remove its inmates(s) from the Puyallup Jail.
b) In the event of termination of this Agreement for any reason, Federal Way shall
compensate Puyallup for inmates housed by the Puyallup 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, §24 Indemnity, shall remain in force until such time as all inmates from
Federal Way have been retaken.
3. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall
be sent to the following:
City of Puyallup: Chief of Police
Puyallup Police Department
311 W Pioneer
Puyallup,Washington 98371
Contact: Corrections.Lieutenant
City of Federal Way Chief of Police
Federal Way Police Department
33325 81h Avenue South
Federal Way,Washington 98003
Contact: Commander Kurt Schwan
4. COMPENSATION
a) Guaranteed lied Rate. Puyallup agrees to accept and house one (1) female
inmate and two (2) male inmates at the daily guaranteed bed rate of$95.00 per bed per day.
The guaranteed rate is limited to the first three (3) contracted beds by Federal Way. This rate
shall be paid for each bed and each day that this agreement is in place whether or not the beds are
used by Federal Way.
b) Non-Guaranteed Bed Rate. Federal Way may purchase beds, as available, at the
daily rate of$100.05 per bed per day. However, Puyallup shall have the right to refuse to accept
custody or house Federal Way inmates in excess of Federal Way's guaranteed bed commitment.
C) Booking Rate. Puyallup will authorize Federal Way Police
Officers to transport misdemeanor level suspects to its jail for administrative booking.
Administrative booking shall include booking suspects into the jail pursuant to Puyallup Jail
policies and standard operating procedures and detaining those suspects until booking
information, including fingerprints and photographs, are obtained. Following the booking
process, suspects shall be transported by Federal Way Officers back to the City of Federal Way
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where they will be released. As compensation for the administrative booking services, Federal
Way shall pay Puyallup $52.66 for each administratively booked individual. Any other costs
associated with the administrative booking process shall be the sole responsibility of the City of
Puyallup.
d) Bed Rate and Administrative Booking Rate will be increased at a rate of 100% of
the Seattle-Tacoma-Bellevue CPI-U first half index for the year prior with a minimum of 0%to a
maximum of 2.25%. The rate increase will occur on January 1' of each year unless otherwise
negotiated and agreed by the parties. (For example, the 2020 Seattle-Tacoma-Bellevue CPI-U
first half index will set the amount of the January 1, 2021 increase to the Bed Rate and
Administrative Booking Rate.)
e) Billing and Payment. Puyallup agrees to provide Federal Way with an itemized
bill listing all names of inmates who are housed, the number of days housed (including date of
booking and date of releases), and the dollar amount due for each. Puyallup agrees to provide
said bill by the 30th day of each following month. Federal Way agrees to make payment to
Puyallup within thirty (30) days of receipt of the undisputed portion of such bill for the amount
billed for the previous calendar month. (See §22.)
5. SERVICES PROVIDED
Puyallup agrees to provide jail services for gross misdemeanor/misdemeanor inmates for
those offenses that have been committed by adults within Federal Way's jurisdiction.
6. RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Puyallup 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 Puyallup, 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.
Puyallup shall provide facilities for consultation and communication between inmates and their
legal counsel or public defender. It shall also be the responsibility of Puyallup to calculate "good
time"accrued in and subsequent release of the inmate in accordance with the Puyallup's standard
practice and procedure. Federal Way agrees to be bound by Puyallup's standard practice and
procedures related to inmates housed in the Puyallup Jail.
7. RIGHT TO REFUSAL
Puyallup shall have the right to refuse to accept any inmate from Federal Way who,
in the judgment of Puyallup, has a current illness or injury which may adversely affect the
operations of the Puyallup Jail, has 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.
8. HOUSING DECISIONS
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In order to manage its jail population,Puyallup reserves the right to decide where Federal
Way's inmate(s) will be housed. In the event that Federal Way's inmate is transferred to any
other jail facility, Federal Way's obligation to pay the daily rate to Puyallup will cease and
Federal Way's 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
Federal Way inmates housed at the Puyallup Jail under the non-guaranteed bed rate.
9. RETAKING OF INMATES
Upon request from Puyallup, 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 inmate is terminated for any reason, Federal Way, shall, at its expense, retake such
inmate from Puyallup.
10. COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE
Federal Way law enforcement officers placing Federal Way misdemeanants in the
Puyallup Jail shall, in every instance, first furnish an arrest warrant, citation, court order, or
judgment and sentence, to the Puyallup Jail upon booking of an inmate. Federal Way is also
responsible for providing Puyallup Jail with a complete bail schedule no later than January 1 of
each year.
11. NON-ASSIGNABILITY.
Federal Way agrees to not sublet any one of their three unused guaranteed beds to any
jurisdictions. This Agreement may not be assigned by either party.
12. TRANSPORTATION
Federal Way inmates incarcerated in Puyallup pursuant to this Agreement shall be
transported to Puyallup 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. Puyallup 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 Puyallup 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.
13. RECORDS_AND REPORTS
(a) Federal Way shall forward to Puyallup before or at the time of delivery of each
inmate a copy of all inmate records pertaining to the inmate's present incarceration at other
correctional facilities. If additional information is requested regarding a particular inmate, the
parties shall mutually cooperate to provide any additional information.
(b) Puyallup shall keep all necessary and pertinent records concerning such inmates
incarcerated in Puyallup Jail. During an inmate's confinement in Puyallup, Federal Way shall
upon request, be entitled to receive and be furnished with copies of any report or record
associated with said inmates(s) incarceration, as may be permitted by law.
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14. MEDICAL TREATMENT
a) Inmates shall receive medical, psychiatric and dental treatment when emergent and
necessary to safeguard their health while housed in the Puyallup jail. Puyallup shall provide
for routine minor medical services in the Puyallup jail. Examples of medical services which may
be provided in the Puyallup Jail, but which are not routine, and for which Federal Way shall be
billed include, but are not necessarily 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 a Federal Way prisoner including but
not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of
any emergency and/or medical service provided to Federal Way inmates.
b) An adequate record of all such services shall be kept by Puyallup in accordance
with HIPAA 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.
c) Federal Way shall be responsible for any and all costs incurred by or on behalf of a
Federal Way prisoner regarding hospitalization. If necessary, Federal Way shall reimburse
Puyallup dollar for dollar any amount expanded or cost incurred by Puyallup in providing the
same; provided that, except in emergencies, Federal Way will be notified by contacting the
Administrative Commander and/or on-duty Patrol Lieutenant 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, Puyallup shall notify Federal Way within eight (8) business hours (i.e.
Monday through Friday 8 a.m. to 5 p.m., excluding state-observed holidays) of transport.
Federal Way is responsible for providing security during any period of hospitalization.
15. DISCIPLINE
Puyallup shall have physical control over and power to exercise disciplinary authority over
all inmates 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.
16. STANDARD OF RELEASE
Federal Way shall adopt Administrative Order No. 2013-01 Puyallup Municipal Court
Standards of Release.
17. VIDEO ARRAIGNMENT
Upon request, Puyallup will provide video arraignment services at the rate of$55.00 per
hours with a(4) four-hour minimum charge.
18. REMOVAL FROM THE JAIL
An inmate from Federal Way legally confined in Puyallup shall not be removed from
there by any person except:
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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 in
compliance with a Writ of Habeas Corpus; or
d) For interviews by Federal Way Attorney or member of Federal Way Police
Department; or
e) If the prisoner has served his 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
f) For other scheduled court appearances, including those for which they are not
being held, or
g) Upon the execution of the Standards of Release Administrative Order No. 2013-
01, or
h) For medical care(see §15) and court ordered evaluations.
19. ESCAPES
In the event any Federal Way inmate shall escape from Puyallup's custody, Puyallup will
use all reasonable means to recapture the inmate. The escape shall be reported immediately to
Federal Way. Puyallup shall have the primary responsibility for and authority to direct the
pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connection
therewith shall be chargeable to and borne by Puyallup, however, Puyallup shall not be
required to expend unreasonable amounts to pursue escaped inmates beyond its jurisdiction.
20. DEATH OF AN INMATE
a) In the event of the death of a Federal Way inmate, Puyallup shall notify the Pierce
County Medical Examiner. Federal Way shall receive copies of any records made at or in
connection with such notification, unless prohibited by law or court order. Reasonable copying
costs for such copies shall be borne.by Federal Way.
b) Puyallup shall immediately notify Federal Way of the death of a Federal Way
inmate, furnish reasonable and necessary information as reasonably requested and follow
reasonable instructions of Federal Way with regard to the disposition of the body. The body
shall be released to the Medical Examiner. All expenses relative to any necessary preparation
of the body and shipment charges shall be paid by Federal Way. The provisions of this
paragraph shall govern only the relations between or among the parties hereto and shall not
affect the responsibility or liability of any relative or other person for the disposition of the
deceased or any expenses connected therewith.
c) Federal Way shall receive a certified copy of the death certificate for any of its
inmates who have died while in Puyallup custody.
21. DISPUTE BETWEEN FEDERAL WAY AND PUYALLUP
Should a dispute arise as to the application, compensation, enforcement, or interpretation
of this Agreement between Federal Way and Puyallup, the parties shall first attempt to
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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 by a mediator 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.
22. INSURANCE
a) Each party agrees to provide the other with evidence of insurance coverage, in the
form of a certificate of insurance from a solvent insurance provider and/or a letter confirming
coverage from a solvent insurance pool, which is sufficient to address the insurance and
indemnification obligation set forth in the Agreement;
b) Each party shall obtain and maintain coverage in minimum liability limits of five
million dollars ($5,000,000)per occurrence and five million dollars ($5,000,000)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.
23. HOLD HARMLESS AND INDEMNIFICATION
a) Puyallup shall indemnify and hold harmless Federal Way and its officers, agents,
officials,employees and volunteers from any and all claims,actions,suits,liability,loss,expenses,
and damages,including reasonable attorney fees,of any nature whatsoever,by reason of or arising
out of any act or omission of Puyallup, its officers, agents, officials, employees and volunteers,
provided said claim does not arise out of or in any way result from any intentional, willful or
negligent act or omission on the part of Federal Way or any officer, agent or employee thereof.
b) Federal Way shall indemnify and hold harmless Puyallup and its officers, agents,
officials,employees and volunteers from any and all claims,actions,suits,liability,loss,expenses,
and damages of any nature whatsoever,by reason of or arising out of any act or omission of Federal
Way, its officers, agents, officials, employees and volunteers, in arresting, detaining,
charging, or transporting persons before presentment to and acceptance by Puyallup Jail or
thereafter while said person(i.e. inmate) are in the custody of Federal Way outside Puyallup Jail.
C) Puyallup and Federal Way hereby waive, as to each other only, their immunity
from suit under industrial insurance, title 51 RCW. This waiver of immunity was mutually
negotiated by the parties hereto.
d) The waivers in this section have been mutually negotiated by the parties and this
entire section shall survive the expiration or termination of this Agreement.
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24. INDEPENDENT CONTRACTOR
In providing services under this Agreement, Puyallup is an independent contractor and
neither it, nor its officers, officials, agents or employees are employees of Federal Way 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 agreement give rise to any
claim or career service or civil service rights, which may accrue to employees of Federal Way or
Puyallup under any applicable law, rule or regulation.
25. REQUIRED ELEMENTS.
In accordance with the requirements of RCW 39.34.030, the following provisions,
stipulations and/or waivers are adopted:
25.1 This Agreement has been approved by the governing bodies of each of the
participating agencies.
25.2 No separate organization or separate legal or administrative entity is created by this
Agreement.
25.3 Each party to this Agreement shall maintain its own separate budget in accordance
with the provisions of Title 35 and 35A RCW and no joint or cooperative budget shall be
undertaken.
25.4 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
Puyallup.
25.5 This Agreement shall be administered by a joint board consisting of the Chiefs of
Police of Puyallup and Federal Way.
26. CONCURRENT ORIGINALS
This Agreement may be executed in any number of counterparts, which counterparts shall
collectively constitute the entire Agreement.
27. 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.
28. SEVERABILITY
Should any provision of this Agreement be determined to be unenforceable by a court of
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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.
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 PUY UP: CIT F FED RAL WAY:
By: Kevin Yamamoto Jim Ferrell
Its: City Ma?g Its: Mayor
Date: 3 � Date:
ATTEST: ATTEST:
—Ma � 4whpa `)
By: Mary Wi r t ante Courtney
Its: City C rk Its: City C!
Date: 5 a Date: D'�7_� C�
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ur CAL y: an a
Its: Dept--City Attorney Its: City V- 61 or ey
Date: S C� c3 O Date:
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