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AG 21-002 - SCORE Jail RETURN TO: Kurt Schwan/PD EXT: 6875 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORTGINATING DEPT./DIV: PD/PROFESSIONAL STANDARDS 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#): &a INTERLOCAL ❑ OTHER 5. PROJECT NAME: Jail Services Contract-SCORE 6. NAME OF CONTRACTOR: SCORE Jail ADDRESS: 20817 17th Ave S,Des Moines,WA 98198 TELEPHONE: 206-257-6200 E-MAIL: FAX: SIGNATURE NAME: Devon Schrum TITLE: Executive Director 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 1,2021 COMPLETION DATE: December 31,2022 9. TOTAL COMPENSATION $ $175,000.00 (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: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IFAPPLICABLE) ❑ LAW JRC 10/27/2020 IL COUNCILAPPROVAL(IFAPPLICABLE) SCHEDULED COMMITTEE DATE: 11/10/2020 COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: 11/17/2020 COUNCIL APPROVAL DATE: 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.) INITIAL/DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK n� ❑ ASSIGNED AG# A ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: 1/20 18 INTERLOCAL AGREEMENT FOR INMATE HOUSING THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between the SOUTH CORRECTIONAL ENTITY, a governmental administrative agency formed pursuant to RCW 39.34.030(3) ("SCORE") and the CITY OF_n .e c av or—y a municipal corporation organized under the laws of the State of Washington (hereinafter tine "Contract Agency" together with SCORE,the "Parties"or individually a "Party"). RECITALS WHEREAS, SCORE was formed by its Owner Cities (as defined herein) as a governmental administrative agency pursuant to RCW 39.34.030(3) to operate and maintain a consolidated correctional facility located in the city of Des Moines (the "SCORE Facility") to serve the Owner Cities, federal and state agencies and other local governments that contract with SCORE from time to time to provide correctional services essential to the preservation of the public health,safety and welfare;and WHEREAS, the Contract Agency desires to transfer custody of certain inmates to SCORE to be housed at the SCORE Facility; and WHEREAS, this Agreement is entered into by and between the Parties pursuant to chapters 39.34 and 70.48 RCW, which provide for interlocal agreements for sharing of correction/detention facilities between local governments; In consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto mutually agree as follows: SECTION 1. DEFINITIONS. Terms defined in the recitals of this Agreement are incorporated herein as if fully set forth in this Agreement. Capitalized terms used herein shall have the following meanings. Terms not otherwise defined herein shall have the meanings set forth in the Interlocal Agreement. Detainer means a legal order authorizing or commanding another agency a right to take custody of a person. Commencement Date means January 1,2021, Contract Agency Inmate means a person or persons subject to the Contract Agency's custody who is transferred to SCORE's custody under this Agreement. Dail Bite means the daily rate the Contract Agency is charged to occupy a general population bed, as set forth in Exhibit A. Daily Surcharge Rates means any of the following special charges as defined in Exhibit A: Daily Surcharge Rates: Medical-Acute; Mental Health-Acute; and Mental Health-General Population. Guaranteed Bed Rate means a reduced Daily Bed Rate-Guaranteed,as set forth in Exhibit A. Inmate means a person or persons transferred to SCORE's custody to be housed at the SCORE Facility. The term "Inmates" includes Contract Agency Inmates. South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 1 of 17 Interl2cal A>reement means the Amended and Restated SCORE Interlocal Agreement dated as of October 1, 2009 and amended December 11, 2019, executed among the parties thereto for the purpose of forming SCORE. h,iental Hcaith - Kec;itlential Beds means Inmates clinically determined by SCORE Health Services Provider,or its successor charged with the same duties, as needing ongoing mental health care services and specialized housing in SCORE's Mental Health-Residential Unit. [viedical—Acute Beds means an Inmate clinically determined by SCORE Health Services Provider, or its successor charged with the same duties, as needing the level of medical services and housing provided in SCORE's medical clinic. Mental Health — Acute Beds means an Inmate clinically determined by SCORE Health Services Provider, or its successor charged with the same duties, as needing the level of psychiatric services and specialized housing in SCORE's Mental Health-Acute Unit. owno[ C't,Y has the meaning set forth in the Interlocal Agreement. Nor -Guaranteed Bed Bate means a higher daily housing bed rate and subject to availability, as set forth in Exhibit A. SCORE Facility means the correctional facility maintained and operated by SCORE located at 20817 17th Avenue South, Des Moines,WA 98198. Termination Date means bcL ,..wA- SECTION 2.TERM. This Agreement shall commence at 12:00 a.m. PST on the Commencement Date and terminate at 11:59 p.m. PST on the Termination Date, unless sooner terminated by either Party in accordance with this Agreement. This ,Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to the Parties. SECTION 3. INMATE HOUSING AND SERVICES. Subject to the terms of this Agreement, SCORE hereby agrees to accept Contract Agency Inmates and to provide housing, care, and custody of those Contract Agency Inmates pursuant to SCORE policies and procedures. Additional related services and associated fees, if any, to be provided to Contract Agency Inmates and/or the Contract Agency are listed in Exhibit A. To the greatest extent permitted by law,SCORE shall have the right to refuse to accept an individual in custody of the Contract Agency or to return any contract.Agency Inmate to the Contract Agency for any reason, including but not limited t:) if, ir•, the sole discretion of SCORE, such individual presents a substantial risk of escape, of injury to self or other persons or property, of adversely affecting or significantly disrupting the operations of the SCORE Facility, and/or has a medical illness or injury that makes housing such individual not in the best interest of SCORE or other Inmates as described in Exhibit D. Final acceptance of an individual based on illness or injury is determined upon approval of medical staff at the time of booking. SECTION 4.COMPENSATION. In consideration of SCORE's commitment to provide housing and related services for Contract Agency Inmates,the Contract Agency agrees to pay SCORE the fees and charges set forth in Exhibit A. South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 2 of 17 Such fees and charges may include, but are not limited to, booking, daily bed rate, medical and specialty,mental health,transportation,security,other charges and/or negotiated fees. SCORE may from time to time revise the fees and.charges for housing and related services under this Agreement during the term of this Agreement. SCORE shall give advance notice of any change to its fees and charges for such service in order to allow the Contract Agency sufficient time to adjust its annual budget. Unless otherwise agreed to by the Parties hereto, any new fees and charges under a new fee schedule shall become effective on January 1 of the following year. The Contract Agency shall acknowledge receipt of the rates and charges schedule in writing and such acknowledgement shall be deemed to be an amendment to this Agreement and incorporated as if fully set forth herein without the necessity of a formal amendment or separate approval by the legislative authority of the Contract Agency or the Administrative Board of SCORE. SECTION 5.TRANSPORTATION,BOOKING,CLASSIFICATION, DISCIPLINE AND RELEASE PROCEDURES. A. Trar2srui i.atinn. The Contract Agency is responsible for the transportation of Contract Agency Inmates to the SCORE Facility, including all costs associated therewith. B. boo-si.np_ Contract Agency Inmates shall be booked pursuant to SCORE's booking policies and procedures. Pursuant to RCW 70.48,130, and as part of the booking procedure, SCORE shall obtain general information concerning the Contract Agency Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a Contract Agency Inmate is entitled. The information is used for third party billing. C. Classification. Contract Agency Inmates shall be classified pursuant to SCORE's classification pul r.ies and procedures, and within the sole discretion and reasonable judgment of SCORE. The Contract Agency shall provide sufficient information regarding each Contract Agency Inmate as needed to allow SCORE to make such classification. Contract Agency Inmates shall be assigned to housing pursuant to SCORE's policies and procedures, and within the sole discretion and reasonable judgment of SCORE as provided in Exhibit F. D. inmate Discitfline, SCORE shall discipline Contract Agency Inmates according to SCORE policies and procedures and in the same manner which other Inmates are disciplined; provided, however, nothing contained herein shall be construed to authorize the Imposition of a Lype of discipline that would not be imposed on a comparable Inmate, up to and including the removal of earned early release credits as approved by the Contract Agency, E. Release. Except for work programs or health care, and during emergencies, Contract Agency Inmates shall not be removed and/or released from the SCORE Facility without written authorization from the Contract Agency or by the order of a court of competent jurisdiction. Other jurisdictions may "borrow" a Contract Agency Inmate according to policies and procedures of SCORE and as listed in Exhibit G. Contract Agency Inmates will be transported at the time of release as follows: SCORE will release each Contract Agency Inmates to the Contract Agency at a mutually agreeable location. Alternatively, SCORE will provide transportation upon release to either the closest Owner City of arrest, or the Owner City of residence, whichever is closer, unless confirmed transportation is available at the time of release. Additional fees, if any,for transportation outside of King County are included in Exhibit A. South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 3 of 17 Contract Agency Inmates for whom bail is posted,or who otherwise have a right to be released, may choose to remain in custody at the SCORE Facility by signing written waiver and return to the Contract Agency by the regularly scheduled transport, be released to a family Owner or friend with confirmed transportation,or be released via private taxi. SECTION 6. INMATE MEDICAL RECORDS,CLOTHING,BEDDING, PROPERTY AND WORK PROGAMS, A. Inmate Medical Records. Should a Contract Agency Inmate receive medical care for injuries or illness at the time of arrest and prior to booking at the SCORE Facility, the Contract Agency shall provide medical documentation pertaining to injury or illness to SCORE at the time of booking if the Contract Agency has access to such records. If the Contract Agency cannot provide such records,SCORE,in its sole discretion, may refuse to accept a Contract Agency Inmate. B. Inmate Property. SCORE agrees to provide each Contract Agency Inmate with necessary or appropriate clothing and essential hygiene items. SCORE shall accept, hold and handle, and return any Contract Agency Inmate property in accordance with SCORE's policies and procedures, and shall be responsible only for Contract Agency Inmate property actually delivered into SCORE's possession. In the event a Contract Agency Inmate is being transported from a Contract Agency designated detention or correction facility, it will be the responsibility of the Contract Agency to process the Contract Agency Inmate's property not delivered and accepted into SCORE's possession as provided in Exhibit E. C. Work Programs. SCORE may assign Contract Agency Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties pursuant to SCORE's policies and procedures and within the sole discretion and judgment of SCORE. D. Visitation. SCORE shall provide reasonable scheduled visitation for Contract Agency Inmates. Inmate visitation may be accessible via video connection by third party provider at off-site locations for an access fee. Complimentary video visit access is available at the SCORE Facility. Confidential telephones or visitation rooms shall be available to a Contract Agency Inmate to communicate with his or her legal counsel. E. Inmate Accounts. SCORE shall establish and maintain a non-interest bearing account for each Contract Agency Inmate. Upon returning custody of a Contract Agency Inmate to the Contract Agency, SCORE shall transfer the balance of that Contract Agency Inmate's account that Is not subject to charges,to the Contract Agency Inmate or to the Contract Agency in the form of cash, check, debit card or other agreed upon method in the name of the Contract Agency Inmate. SECTION 7. HEALTH CARE. SCORE shall provide in-facility medical care commonly associated with corrections operations as guided by American Correctional Association (ACA) or National Commission on Correctional Health Care (NCCHC). Contract Agency Inmates shall be responsible for co-payment for health services according to SCORE policy. The Contract Agency shall not be responsible to SCORE for Contract Agency Inmate co- payments. No Contract Agency Inmate shall be denied necessary health care because of an inability to pay for health services. In-facility medical, dental, and mental health services are included in the daily rate set forth in Exhibit A. Should a Contract Agency Inmate require medical, mental health, dental, and/or other medical services at an outside medical or health care facility, SCORE shall notify the Contract South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 4 of 17 Agency's designee (either by written or electronic means) within a reasonable time period before the Contract Agency Inmate receives such medical, mental health, dental or any other medical services. Notwithstanding the foregoing, the Contract Agency acknowledges that such notice may not be reasonably possible prior to emergency care. Except to the extent that a Contract Agency Inmate can pay pursuant to Section 5.13, the Contract Agency shall pay for all medical, mental health, dental or any other medical services or equipment that are required to care for Contract Agency Inmates outside of the SCORE Facility in addition to the charges listed in Exhibit A. Lack of prior notice shall not excuse the Contract Agency from financial responsibility for such expenses, and shall not be a basis for imposing financial responsibility for related medical expenses on SCORE. SCORE shall bear the expense of any such medical care necessitated by improper conduct of SCORE,or of its officers or agents. If a Contract Agency Inmate is admitted to a hospital,the Contracting Agency will be responsible for hospital security unless other arrangements are made with SCORE. SCORE, in its sole discretion, may, or at the request of the Contract Agency shall, provide hospital security services for an additional charge as provided in Exhibit A. SECTION 8. DETAINERS. Warrants and Contract Agency Inmates in a "Detainer" status shall be handled according to SCORE policies and procedures and as provided in Exhibit B attached hereto. SECTION 9. RELEASE OF HOLDS AND COURT APPEARANCES. If a court of limited jurisdiction releases a hold on a Contract Agency Inmate still incarcerated at the SCORE Facility, SCORE will not facilitate further court appearances of that Contract Agency Inmate except if the Contract Agency wishes to use the video arraignment system at the SCORE Facility. SECTION 10. ESCAPE; DEATH. If a Contract Agency Inmate escapes SCORE's custody, SCORE shall notify the Contract Agency as soon as reasonably possible. SCORE shall use all reasonable efforts to pursue and regain custody of escaped Contract Agency Inmates. If a Contract Agency Inmate dies while in SCORE custody, SCORE shall notify the Contract Agency as soon as reasonably possible. The King County Medical Examiner shall assume custody of Llle Contract Agency Inmate's body. Unless another agency becomes responsible for investigation, one or more Owner City shall investigate and shall provide the Contract Agency with a report of its investigation. The Contract Agency may participate in the investigation. If another agency becomes responsible for investigation, SCORE shall serve as a liaison or otherwise facilitate the Contract Agency's communication with and receipt of reports from the other agency. The Contract Agency shall provide SCORE with written instructions regarding the disposition of the Contract Agency Inmate's body. The Contract Agency shall pay for all reasonable expenses for the preparation and shipment of the body. The Contract Agency may request In writing that SCORE arrange for burial and all matters related or incidental thereto and the Contract Agency shall be responsible for all costs associated with this request. SECTION 11. REPORTING AND INSPECTION. SCORE agrees to use reasonable efforts to work with the Contract Agency to provide access to and/or reports from jail management systems that provide statistical information about Inmates. The Contract Agency shall have the right, upon reasonable advance notice, to inspect the SCORE South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 5 of 17 Facility at reasonable times. During such inspections, the Contract Agency may interview Contract Agency Inmates and review Contract Agency Inmates' records. The Contract Agency shall have no right to interview Inmates housed for other jurisdictions or to review their records, unless Contract Agency is properly authorized to do so by the Inmate or the other jurisdiction. SECTION 12.TECHNOLOGY. SCORE and the Contract Agency may each permit the other continuous access to its computer database regarding all Contract Agency Inmates housed by SCORE. This continuous access feature may be accomplished through a computer link between a computer(s) designated by the Contract Agency and appropriate computer(s)of SCORE. SECTION 13. BILLING AND PAYMENT. SCORE shall provide the Contract Agency with monthly statements itemizing the name of each Contract Agency Inmate; the number of days of housing, including the date and time booked into the SCORE Facility and date and time released from SCORE; and itemization of any additional charges including a description of the service provided, date provided and reason for service. Payment shall be due to SCORE within 30 days from the date the bill is received. SCORE may bill the Contract Agency electronically. Payments not received by the 30th day shall bear interest at the rate of 1% per month until payment is received. Any fees or charges for Inmates housed on charges from multiple agencies (including but not limited to outside medical care) will be divided equally among those agencies. SECTION 14. BILLING DISPUTE RESOLUTION. The Contract Agency must provide written notice of dispute to SCORE within 60 days of billing or other disputed charges. SCORE shall respond in writing to such disputes within 60 days of receipt of such disputes. SCORE and the Contract Agency shall attempt to resolve the dispute by negotiation. If such negotiation is unsuccessful, either Party may refer the dispute to the SCORE Operations Board for resolution. The decision of the SCORE Operations Board is the final internal administrative remedy the Contract Agency must exhaust before pursuing other contractual, legal, equitable, or alternative dispute resolutions. SECTION 15.INDEPENDENT CONTRACTOR. , In providing services under this Agreement, SCORE is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the Contract Agency 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 of career service or civil service rights,which may accrue to an employee of the Contract Agency under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a Party to this Agreement. SECTION 16.HOLD HARMLESS, DEFENSE,AND INDEMNIFICATION. SCORE shall hold harmless, defend, and indemnify the Contract Agency, its elected officials,officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights, injury, or death of any Contract Agency Inmate, or loss or damage to Contract Agency Inmate property while in SCORE custody)that result from or arise out of the acts or omissions of SCORE, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of SCORE's services,duties, and obligations under this Agreement. South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 6 of 17 The Contract Agency shall hold harmless,defend, and indemnify SCORE,its elected officials,officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights, injury, or death of any Contract Agency Inmate, or loss or damage to Contract Agency Inmate property while in SCORE custody) that result from or arise out of the acts or omissions of the Contract Agency, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the Contract Agency's services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the Contract Agency and SCORE in connection with or incidental to the performance or non- performance of the Contract Agency's and or SCORE's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the Contract Agency and SCORE shall each be liable for its proportionate concurrent negligence in any resulting suits,actions,claims, liability, damages,judgments,costs and expenses and for their own attorney's fees. Nothing contained in this section or this Agreement shall be construed to create a right in any third party to indemnification or defense. SCORE and the Contract Agency 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. The provisions of this section shall survive any termination or expiration of this Agreement. SECTION 17.INSURANCE. SCORE and the Contract Agency shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance Sufficient to satisfy the obligations set forth in this Agreement. SCORE and the Contract Agency shall each maintain throughout the term of this Agreement 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 cumprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policies shall provide coverage on an occurrence basis. Each Party shall provide to the other Party at least 30 days advance notice of any cancellation, o suspension or material change in coverage. SECTION 18.TERMINATION. Either Party may terminate this Agreement,with or without cause, by providing the other Party with 90 days written notice of termination as provided in RCW 70.48.090. SECTION 19.RECORDS, The Parties hereto shall maintain all records, reports, and documents created, held or maintained under this Agreement and the services to be provided hereunder in accordance with chapter 42.56 RCW (the Washington Public Records Act), chapter 40.14 RCW (Preservation and Destruction of Public Records)and all other applicable federal,state and local laws and regulations. South Correctional Entity(SCORE)Housing Agreement M Updated:07/17/2020 1 Page 7 of 17 I I SECTION 20. OPERATION OF SCORE FACILITY;PRISON RAPE ELIMINATION ACT. SCORE shall manage, maintain, and operate the SCORE Facility in compliance with all applicable federal, state, and local laws and regulations. SCORE acknowledges and complies with the terms of the Prison Rape Elimination Act regarding custodial sexual misconduct as set forth in Exhibit C. SECTION 21. HIPAA AND HITECH COMPLIANCE, The Parties shall comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996(HIPAA) and the Federal Health Information and Technology for Economic and Clinical Health Act(HITECH Act) as applicable, which relate to the Parties' responsibilities under this Agreement,as well as state laws and regulations including chapter 70.02 RCW. SECTION 22. EQUAL OPPORTUNITY, Neither Party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, veterans and military status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (chapter 49.60 RCW) or the Americans with Disabilities Act(42 USC 12110 etseq.). SECTION 23. MISCELLANEOUS. A. R= al of Pt=r4n t :l Propel-kV. It is not anticipated that any real or personal property will be acquired or purchased by the Parties solely because of this Agreement. B. Assl' nment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by a Party to any other person or entity without the prior written consent of the other Party. In the event that such prior written consent to an assignment is granted,then the assignee shall assume all duties,obligations,and liabilities of the assigning Party stated herein. C. Non-Waiver. The failure of either Party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. D. Severauil�. If this Agreement, or any portion of this Agreement, is held invalid by a court of competent jurisdiction,the remainder of the Agreement shall remain in full torce and effect. E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If any dispute arises between the Parties under any of the provisions of this Agreement, resolution of that dispute shall be available only through the iY jurisdiction,venue and rules of the King County Superior Court, King County,Washington. I F. Attorneys' Fees. In any claim or lawsuit for damages arising from the Parties' performance of this Agreement, each Party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the each Parties' right to indemnification under this Agreement. G. Approval and Filing. Each Party shall approve this Agreement by resolution, ordinance, motion or otherwise pursuant to the laws of the governing body of each Party. The signatures of the authorized signatories below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed and/or posted pursuant to chapter 39.34 RCW. South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 8 of 17 H. Amendment. Except as otherwise provided in Section 4 of this Agreement, no waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless evidenced in writing signed by duly authorized representatives of both Parties. I. No Joint Venture or Partnership. No joint venture, separate administrative or governmental entity, or partnership is formed as a result of this Agreement J. Compliance with Applicable icable Laws and Standards. SCORE agrees to manage the Contract Agency Inmates and the SCORE Facility in accordance with applicable federal and state laws and regulations and to maintain staffing levels at the SCORE Facility in sufficient numbers and rank to maintain the safety of the public,staff, Inmates, and to reasonably carry out the provisions of this Agreement. K. Continuation of Performance. In the event that any dispute or conflict arises between the Parties while this Agreement is in effect, the Parties hereto agree that, notwithstanding such dispute or conflict, they shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Provided that if the Contract Agency fails to pay for the services provided by the SCORE,SCORE can cease providing such services until payment is made. L. Representatives: Notices. The individuals listed below the signature blocks included in this Agreement are designated as representatives of the respective Parties, The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the Party making the change shall notify the other Party. Any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee,or sent electronically or by certified or registered mail, return receipt requested, addressed as provided after the signature blocks included in this Agreement, or to such other address as may be designated by the addressee by written notice to the other Party. M. Entire A reement. This Agreement,together with any subsequent amendments,constitutes the entire Agreement between the Parties and supersedes all prior agreements for inmate housing between the Parties. SECTION 24. EXECUTION. This Agreement shall be executed by the Parties hereto by their duly authorized representative. This Agreement may be executed in one or more counterparts. South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 9 of 17 THIS AGREEMENT is hereby effective as of the Commencement Date: SOUTH CORRECTIONAL ENTITY 5:;o Z' J, . I �'�j . '66ntract Agency Name 1 ' Signature jatur Date Da ATTESTED BY: Signature NOTICE ADDRESS: NOTICE ADDRESS: SOUTH CORRECTIONAL ENTITY 20817 17th Avenue South Des Moines,WA 98198 Attention: Executive Director Devon Schrum Attention: Email: dschrum@scorejail.org Email: Telephone: 206-257-6262 Telephone: Fax: 206-257-6310 Fax: DESIGNATED REPRESENTATIVE FOR PURPOSES OF DESIGNATED REPRESENTATIVE FOR PURPOSES THIS AGREEMENT: OF THIS AGREEMENT: Name: Name: Title: Title: South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 10 of 17 Exhibit A FEES AND CHARGES AND SERVICES Booking Fee:Y $35.00 Waived until Dec.31,2021 Daily Housing Rates: - General Population—Guaranteed Beds $128.00 Number of Beds: General Population—Non-Guaranteed Beds $184.00 Daily Rate Surcharges:2 Mental Health—Residential Beds $159.00 Medical-Acute Beds $217.00 Mental Health—Acute Beds $278.00 Health Care Services:3 In-Facility Care Included Co-Payments Inmate responsibility Outside Medical Services Contract Agency billed Emergency Care Contract Agency billed Pharmaceuticals Medications billed to Contract Agency Transportation Fees: SCORE Officer Transport $65.00/per hour Released at Owner City'Location Included SC-.CLIF!tV Se rvices: Hospital Security $65.00/per hour Video Court: In-Custody Arraignment Included other Terms&Conditir,n,;: Charged to the jurisdiction responsible for housing the Inmate Z Surcharges are In addition to daily housing rates and subject to bed availability 9 Guided by American Correctional Assoclatlon(ACA)and/or National Commission on Correctional Health Care(NCCHC) 4 Auburn,Burlen,Des Moines,Renton,SeaTac,Tukwila South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 11 of 17 Exhibit B WARRANTS/OTHER COURT ORDERS/DETAINERS The following shall apply to Contract Agency Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers: 1. When receiving a Contract Agency Inmate, the booking officers at SCORE shall review all paperwork provided by the Contract Agency for all grounds to hold the Contract Agency Inmate. 2. Prior to releasing a Contract Agency Inmate, SCORE shall check the NCIC and WACIC systems to determine if the Contract Agency Inmate is subject to any valid warrants or other detainers. a) If the Contract Agency Inmate is subject to a warrant that is limited to King County, SCORE will, upon receiving written permission (e-mail) from the Contract Agency, transport the Inmate to the custodial agency for the jurisdiction that issued the warrant. However,SCORE will not assume responsibility to serve any such warrants. b) If the Contract Agency Inmate is subject to a warrant from a western Washington jurisdiction outside King County, SCORE will either process the Inmate for transfer on the Cooperative Transport Chain or provide transfer to a jurisdiction that participates in Cooperative Transport Chain. c) If the Contract Agency Inmate is subject to a warrant from an eastern Washington jurisdiction, SCORE will send the Inmate to a jurisdiction that participates in the Cooperative Transport Chain. d) If, upon return from SCORE to the Contract Agency, the Inmate is subject to a warrant that provides for statewide extradition, SCORE will either transport the Inmate to the detention/correction facility in King County designated by the agency/jurisdiction that issued the warrant if it is in King County, or will send the Inmate to the agency/jurisdiction that issued the warrant on the Mini-Chain. South Correctional Entity(SCORE)Housing Agreement Updated:07/17/2020 1 Page 12 of 17 Exhibit C PREA ACKNOWLEDGMENT-CUSTODIAL AND SEXUAL MISCONDUCT 1. Compliance SCORE agrees to ensure that all of its employees,contractors,vendors, and volunteers that have contact with Contract Agency 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. 2. Monitoring SCORE agrees to provide the Contract Agency 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. 3. Contract Agency may terminate this Agreement a) Should SCORE fail to provide documentation that demonstrates that the SCORE is actively and effectively working toward and is making substantive progress toward achieving compliance;or b) Should SCORE fail to maintain PREA compliance between auditing periods,after being given a reasonable opportunity to cure. 4. The Contract Agency will terminate this Agreement a) Should SCORE elect to discontinue pursuit of PREA compliance; b) Should SCORE be found in noncompliance through a PREA Audit and fail to cure such noncompliance within the identified time-frames;or C) Should SCORE be found to be in egregious violation of PREA. South Correctional Entity(SCORE) Housing Agreement Page 13 Exhibit D MEDICAL ACCEPTABILITY SCORE shall determine the medical and mental acceptability of Inmates for booking or housing using the following guidelines. However, final acceptance is based upon approval of medical staff at the time of booking. Excluding criteria include but are not limited to: 1. Signs of untreated broken bones or dislocated joints. 2. Any injury or illness requiring emergency medical treatment. 3. Unconsciousness. 4. Inmates unable to stand and walk under their own power, unless they normally use an assistive device,such as a wheelchair,for mobility. 5. Bed bound individuals. 6. Individuals with attached IV or requiring IV medications. 7. Individuals requiring the use of oxygen tanks. 8. AMA(Against Medical Advice)from the hospital. 9. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery,laser-eye surgery and minor surgery may be evaluated on a case by case basis. 10. Wounds with drainage tubes attached. 11. Persons with Alzheimer's, dementia or other psychological conditions to the point where the Inmate cannot perform activities of daily living ("ADL's") or who do not have the capacity to function safely within a correctional environment. 12. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 13. Persons undergoing chemotherapy and/or radiation treatment. 14. Persons undergoing dialysis. 15. Persons with suicidal ideations or gestures within the past 72 hours. 16. Persons,if prescribed,who have not taken psychotropic medications for at least 72 hours. 17, Persons who have by self-disclosure,admitted to attempting suicide within the last 30 days. 18. Persons who have attempted suicide during their current incarceration. 19. Persons displaying current psychotic episode. 1 South Correctional Entity(SCORE) Housing Agreement Page 14 Exhibit E PROPERTY 1. SCORE will not acceptor transportthe following: a) Backpacks,suitcases,etc. b) Unpackaged food products. c) Food products in packaging that have been opened. d) Any type of weapon(includes pocket knives). e) Liquids. f) Helmets or any kind. g) Large items that will not fit into a common paper grocery bag. h) Material deemed to be contraband, SCORE will limit property returned with the Inmate to the Contract Agency according to these criteria. South Correctional Entity(SCORE) Housing Agreement Page 15 Exhibit F CLASSIFICATION SCORE maintains a classification plan to guide staff in the processing of individuals brought into the facility. The plan includes an initial screening process, as well as a process for determining appropriate housing assignments (28 CFR 115.42) and uses an objective screening instrument and procedures for making decisions about classification and housing assignments.The plan includes,and not limited to, an evaluation of the following criteria: 1, Behavior during arrest and intake process 2. Potential risk of safety to others or self 3. Medical needs 4. The inmate's own perception of his/her vulnerability 5. Any other criteria as deemed appropriate by the Executive Director or designee The Contract Agency shall supply SCORE with the following Classification related information,if known to or in possession of the Contract Agency: 1. If the Contract Agency Inmate has been classified to a special housing unit. 2. If the Contract Agency Inmate has been classified as protective custody. 3. If the Contract Agency Inmate: a) Is a violent offender or has displayed violent behavior during present or past incarcerations b) Is identified as a threat to law enforcement c) Is an escape risk South Correctional Entlty(SCORE) Housing Agreement Page 16 Exhibit G BORROWING One contracting agency may"borrow" another Contract Agency's Inmate as follows; 1. If a Contract Agency requests the transport of another contracting agency's Inmate from SCORE the requesting agency must notify each agency with rights to custody of the Inmate, and if each agency with rights to custody of the Inmate notifies SCORE in writing (e-mail) of its approval, SCORE shall provide the requested transport to the requesting agency. SCORE will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the Inmate. 2. Once custody of the Inmate has been transferred to the requesting agency, it is the responsibility of the requesting agency to determine whether the Inmate shall be returned to the custody of SCORE, and if so, the requesting agency shall make all necessary and proper arrangements with SCORE and any agency with rights to custody of the Inmate, for the Inmate's return according to the terms of this Agreement. The requesting agency, to the full extent permitted by law, defend, Indemnify,save and hold harmless SCORE as provided in Section 16 of the Agreement. 3. SCORE will not track the Inmate once he or she has left the SCORE Facility. 4. If the Inmate is returned to the custody of SCORE,the requesting agency shall provide SCORE with sentencing/charge information. The requesting agency shall supply all pre-sentence, and post- sentence paperwork from agreeing agencies that authorized the borrowing of the Inmate. This will aid SCORE in determining split billing and release dates. 5. SCORE will transport the Inmate only to an agency that also contracts with SCORE for Inmate housing. South Correctional Entity(SCORE) Housing Agreement Page 17 COUNCIL MEETING DATE: P� �nP��r� r ZV�� ITEM#: 7a__ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT—SCORE JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with SCORE Jail for jail services at the cost of approximately$175,000 annually? COMMITTEE: Parks, Recreation,Human Services, and Public Safety MEETING DATE: Nov 10,2020 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. SCORE Jail Contract Options Considered: 1. Approve the execution of the proposed contract. 2. Do not approve the Proposed contract. MAYOR'S RECOMMENDATION: Option I. MAYOR APPROVAL: ! -1 D DIRECTOR APPROVAL: s.r«. anm_io+I Cc I Cil Initial/Date f iul inllLTllc l p it lali Dati7 COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the November 17, 2020, Council consent agenda for approval. (�1<o�4.wy,.c� V�o. v��� ltrls�c� tJc�S,,.r- V�t_ �c.�rv►.� V� � Committee Chair Committee Member Conn itte` Member mber PROPOSED COUNCIL MOTION: "I move approval of the proposed agreement and authorize the Mayor to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: Q APPROVED COUNCIL BILL# DE. - First reading I AIILEDID ERRI:DINO ACTION �� In p(I� Enactment reading NW O SECOND READING(Gill ncarces ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: November 10, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract— SCORE Jail Financial Impacts: In an attempt to secure additional housing options as we continue to utilize contract jail facilities to manage our jail population,we have been presented with the option to return to SCORE Jail as a contract city. The projected annual cost to utilize the SCORE Jail,with a three (3) bed guarantee, would be $175,000 annually. Back-around Information: In 2020, we separated from SCORE Jail as an Owner City because the financial burden became unsustainable. It was 2009, when SCORE was established to serve 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 had been a significant jail cost increase in the seven years we had been an Owner City, which created the financial burden that was 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$6,41 S,972, Which includes other jail expenses outside of SCORE.) The steady incremental increase for those seven years,totaling 20 more ADP,has increased our SCORE budget by$3,987,883— this reflected 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 that 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. On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter-local Agreement. In 2020, as an alternative to SCORE Jail,the FWPD entered into Jail Services contracts with King County Rev.7/18 Jail, Kent City Jail, Yakima County Jail, Issaquah City Jail, and the Puyallup City Jail to manage our jail population. To date,we have successfully managed our jail population within the allotted budget and will end the year with jail budget savings. In late August,we were contacted by SCORE Jail and asked to return as a contract city at a much lower per bed expense($128)than we previously experienced as an Owner City($240). The projected annual cost to utilize SCORE Jail,with three (3) guaranteed beds would be approximately $175,000 annually. Rev.7/18