AG 19-068 - Issaquah Jail From:Jennifer Marshall <>
Sent:Thursday,June 9, 2022 9:23 AM
To: Lynette Allen <Lynette.Allen@cityoffederalway.com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffederalway.com>;Taryn Weatherford
<Taryn.Weatherford@cityoffederalway.com>;Tonia Proctor<Tonia.Proctor@cityoffederalway.com>
Subject: RE: Contracts/Agreements - Deletions
I will update the MasterAG to mark them as expired (they will be shaded red)... their retention is 6
additional years after expiration so there will be no deleting. Probably just semantics, but I had to
make sure we are on the same page.
From:Tonia Proctor<Tonia.Proctorgcityoffed era lwa .com>
Sent:Thursday,June 9, 2022 9:17 AM
To: Lynette Allen <Lynette.Allen(�cityoffederalwa .com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffed era lway.com>;Jennifer Marshall
<Jennifer.Marshal l@cityoffederalway.com>;Taryn Weatherford
<Taryn.Weatherfordgcityoffederalwa .com>
Subject: RE: Contracts/Agreements - Deletions
Thanks Lynette,
Taryn Weatherford is Melissa's replacement and she will be working on this as we move forward.
She will be law full-time as of June 16.
Tonia
From: Lynette Allen <Lynette.AllenL@cityoffederalwa .com>
Sent:Thursday,June 9, 2022 8:16 AM
To:Tonia Proctor<Tonia.Proctorgcityoffed era lwa .com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffed era lway.com>;Jennifer Marshall
<Jennifer.MarshaII LcityoffederaIwa .com>
Subject: FW: Contracts/Agreements - Deletions
Tonia,
I was working with Melissa to clean up PD's AG agreement list. Not sure if anyone will be
working on this until Melissa's position is filled but please see the list below.
The following Contracts/Agreements have expired or will expire soon. They can be deleted.
• AG 18-148 WSP Facility Use Agreement expires June 30, 2022 - Delete
• AG 21-141 KC RSO Grant Agreement expires June 30, 2022 - Delete
o KC will initiate a new agreement for July 1, 2022—June 30, 2023
The following are old agreements no longer in effect. They need to be deleted.
• AG 1997-162 FWPS —Mark Twain Elem. School - Delete
• This has to do with Design & Development of property —it is way outdated—
even though it says permanent
• Not really sure why it's under PD, it was a Parks Agreement
• AG 2002-072 Washington State—DOC—Delete
o A new agreement was initiated AG 2005-019
• AG 2003-026—City of Kent—Shooting Range—Delete
o FWPD does not use this Shooting Range and this is way to old to leave open. If
we were to use,they would have to have a new agreement.
• AG 2004-046—Devon Brewer Research Agreement—Delete
o This research was for a period from 1997 to 2003
• AG 2004-164—City of Kent—Vehicle Equip Maintenance & Repair Service - Delete
o We do NOT use. I believe PW's makes the agreements now through Kurosky
• AG 2004-171 —WA State via KC—Delete
o This would have been completed a long time ago
• AG 2006-084—Okanogan County Jail—Delete
o We have not used in years —not sure why we would need a letter
• AG 2006-091 —SKF&R—Technical Rescue Trailer—Delete
o This has not been in effect for years.
• AG 2009-218 —VNET Task Force—Delete
o There was a new VNET Task Force Agreement in 2016 (AG 2016-136)
• AG 2019-068 —Issaquah Jail—Delete even though it says Ongoing
o We have a new Agreements starting 2021
Thank You
Lynette Allen
Chief's Office Manager
Federal Way Police Department
(253) 835-6701
lvnette.allen(&cityoffederalwa
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