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AG 19-068 - Issaquah RETURN TO: Kurt Schwan/PD EXT: 6875 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: PD/PROFESSIONAL STANDARDS ORIGINATING STAFF PERSON: KURT SCHWAN EXT: 6875 3. DATE REQ.BY: ASAP TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): X INTERLOCAL ❑ OTHER PROJECT NAME: JAIL SERVICES—INMATE HOUSING NAME OF CONTRACTOR: ISSAQUAH JAIL ADDRESS: 130 E SUNSET WAY,ISSAQUAH,WA. 98027 TELEPHONE: 509-574-1758 E-MAIL: BOBPgISSAOUAHWA.GOV FAX: SIGNATURE NAME: ScoTT ..............._ BEHRBAUM TITLE: CHIEF OF POLICE 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 TERM: COMMENCEMENT DATE: DECEMBER 2019 COMPLETION DATE: INDEFINITE(90 DAY NOTICE OF TERMINATION) TOTAL COMPENSATION $200,000.00 ANNUALLY (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 RETAINAGE: RETAINAGE AMOUNT: 6....d RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: ....................... 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW .. W I. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. 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.) INI:°IIAI..,/ JAI N` :4, fED ❑ LAW DEPARTMENT " , NAI ORY(MAYOR OR DIRECTOR) ❑ CITY CLERK _ ❑ ASSIGNED AG# ACI'# ❑ SIGNED COPY RETURNED DATE SENT: ;OMMENTS: .. ... ... mm. .. ®_ 1001 R CITY OF ISSAQUAH AND CITY OF FEDERAL WAY MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is dated for reference purposes the 23rd day of December, 2019, or upon the first day of jail occupancy by the City of Federal Way, and is agreed to by and between the City of Federal Way; hereinafter referred to as "City," and the City of Issaquah; hereinafter referred to as "Issaquah". WHEREAS, Issaquah has a jail facility, with supporting personnel; and WHEREAS,the City has no jail facility for holding persons charged and/or convicted of violations of City ordinances; and WHEREAS, City is desirous of contracting with Issaquah in order to provide the City with needed jail services, and Issaquah is contracting with the City to provide said jail services; NOW,THEREFORE, the parties have entered into this agreement in order to provide needed jail services to the City, NOW,THEREFORE The City and Issaquah have entered into this agreement under the terms and conditions set forth herein. 1. Statement of Purose. This agreement has been entered into in order to provide jail services to the City. 2. Obligations of City of Issaquah: 2.1 Services. Issaquah shall book and hold in the Issaquah jail facilities City prisoners charged and/or convicted of violation of City ordinances. Issaquah shall be responsible for the prisoner from the time the prisoner is screened and accepted into the Issaquah booking room until the prisoner is released to a City official or released in accordance with the instructions given to Issaquah by a City official or Court Order. 2.2 Minimum Beds Commitment. Issaquah shall provide a guaranteed minimum of five (5) daily jail beds for the City. 2.3 Displacement. Issaquah will notify the City of jail occupancy status when contacted by City prior to booking. Prisoner bed space is offered on an as available basis once the guaranteed beds are filled. 2.4 Price. Issaquah will bill the City the sum of$90.00 per day, per prisoner for booking and incarceration. 2.5 Billing. Issaquah shall submit to City a monthly accounting of prisoners booked and incarcerated in the previous month, along with an invoice for payment. 2.6 Indemnification to City. Issaquah agrees to defend, indemnify and hold the City 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 of Issaquah occurring subsequent to any claimant's entry into {JEH1900762.DOC;1/00010.900000/}Memorandum of Understanding City of Federal Way FINAL-Issaquah JailPage 1 of 4 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 City as an additional insured thereon, provided, that the City shall accept a certificate from the WCIA certifying that Issaquah is a member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 2.7 Compliance with regulations. Issaquah shall maintain its jail facilities in compliance with all state and federal regulations. Issaquah shall supply the City with a copy of their jail regulations upon request. Issaquah is a PREA compliant facility. 2.8 Medical Expenses. Issaquah shall check with the designated official from the City, as soon as practical, before any non-routine medical or dental treatment is rendered beyond routine sick call. Issaquah shall be required to notify the City when determining the need for medication of any prisoner brought to Issaquah for incarceration under this agreement. 3. Obligations of the City of Federal Way: 3.1 Services: City shall be responsible for the prisoner until the prisoner is screened and accepted into the Issaquah Jail for booking. 3.2 Minimum Beds Commitment. City shall receive and pay for a guaranteed minimum of five (5) daily jail beds from Issaquah. 3.3 Displacement. City understands and agrees that prisoners committed to the Issaquah Jail facility, by the City, will be subject to being displaced at any time if Issaquah finds that it does not have adequate facilities to house prisoners beyond the minimum beds commitment stated in Section 3.2. 3.4 Price. City shall pay Issaquah the sum of$90.00 per day, per prisoner for booking and incarceration. 3.5 Billing. City shall promptly remit payment for said services. 3.6 Indemnification by City. The City 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 the City. Issaquah acknowledges that the City maintains a fully funded Self- Insurance as defined in Federal Way Municipal Code Section 3.50.010 for the protection and handling of the City's liabilities, including injuries to persons and damage to property. The City agrees to maintain,through its Self-Insurance program or an alternative risk of loss financing program, coverage for all of its liability exposures, licensed property exposures, worker's compensation and employer's liability exposures, and any liability incurred as a result of this indemnity, for the duration of {JEH1900762.DOC;1/000 10.900000/}Memorandum of Understanding City of Federal Way FINAL-Issaquah JailPage 2 of 4 this Agreement. The City agrees to provide Issaquah with a letter confirming that the City maintains a Self-Insurance program as adequate proof of liability, property, worker's compensation, employer's liability coverage, and any liability incurred as a result of this indemnity. In the event that the City, after commencement of this Agreement, elects to terminate its self-insured status and secure liability coverage,the City will promptly notify Issaquah and provide a certificate of insurance with limits of not less than $1,000,000, from an insurer licensed to do business in the State of Washington. The City's insurance policy shall name Issaquah as an additional insured. If the City elects to provide coverage through membership in WCIA, Issaquah shall accept a certificate from WCIA certifying that the City is a member in good standing and has contracted indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 3.7 Compliance with regulations. City agrees to comply with the Issaquah jail regulations relating to the booking, confinement and discharge of prisoners, provided that it is City's duty to be aware of all pertinent regulations and amendments thereto. 3.8 Medical Expenses. The City shall be solely responsible for any and all medical, dental or emergency care beyond routine sick call, inclusive of transportation,that must be provided to City prisoners housed in Issaquah facilities when a non-emergency condition exists. City shall provide Issaquah with any prescribed medication. If any renewal or additional medication is necessary, and the prisoner is unable to pay for the same, the City shall be responsible for that medication. 3.9 Prisoner Transportation. The City shall be solely responsible for any and all prisoner transportation needs to and from court appearances and/or other corrections facilities. Term:The term of this Agreement shall commence on the date first shown above. 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. [signature page to follow] {JEH1900762.DOC;1/00010.900000/}Memorandum of Understanding City of Federal Way FINAL-Issaquah JailPage 3 of 4 CITY OF FEDERAL WAY: CITY OF ISSAQUAH: ;f iN rrell, Mary�u Pauly, or Mayor Dated: Dated: ATTEST: St a ie Courtney, CMC, Cit Cl rk N APPROVED AS TO FORM: N c1tt J. Ryan Call, City Attorney {JEH1900762.DOC;1/00010.900000/}Memorandum of Understanding City of Federal Way FINAL-Issaquah JailPage 4 of 4 5' COUNCIL MEETING DATE: April 16,2019 ITEM#: J 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$200,000 annually? COMMITTEE: Parks, Recreation,Human Services, and Public Safety MEETING DATE: April 9,2019 Council Committee—(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance El Public Hearing ❑ City Council Business ❑ Resolution ❑I 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 contract MAYOR'S RECommENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: "t ^ "7 � " DIRECTOR APPROVAL:�� " "",,�° ��9 t_; nmiuc " "&ncil Wtial/[Date ' Initial(Date Initial(Date COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Issaquah City Jail to the April 16, 11 ("01,1ricil consent agenda ')r p 710V411 Ccs"ninittee Chair Committee Member Committee Member PROPOSED 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 BE COMPLETED BY CITY CLERK'S OFFICE UNCII hC"TIIO e AI'I'IIOVE , 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—Issaquah City Jail Financial Inn a ts: 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 Issaquah 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 Issaquah City Jail would be $200,000. Background reformation: 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 Issaquah 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 Issaquah City Jail would be $200,000. Rev.7/18