074-09 - Resolution - Contract with City of Forks for Incarceration of City PrisonersIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 074-09
Police Chief
Police Chief
Police Chief
July 28, 2009
July 28, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR INCARCERATION OF CITY PRISONERS WITH
THE CITY OF FORKS EFFECTIVE AUGUST 1, 2009.
WHEREAS, the City of Forks Jail will serve as a secondary facility for the
incarceration of Port Orchard prisoners sentenced to longer term commitments by the
Port Orchard Municipal Court; and
WHEREAS, the cost of incarcerating prisoners in the Forks Jail is
approximately $20 per day less than the Kitsap County Jail and will result in a savings
to the City now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The City Council authorizes the Mayor to execute a
contract (Exhibit A incorporated herein by reference) for Incarceration
of City Prisoners with the City of Forks, effective August 1, 2009.
PASSED by the City Council of the City of Port Orchard, SIGNED by the
Mayor and attested by the Clerk in authentication of such passage this 28th day of July
2009. //'
ATTEST:
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CITY OF FORKS
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
City of Port Orchard Contract No. C043~09
This Agreement is made and entered into this 1st day of August, 2009, by and between
the CITY OF FORKS, a municipal corporation (hereinafter "FORKS"), and the CITY OF
PORT ORCHARD, a municipal corporation (hereinafter "CITY").
REPRESENTATIONS:
1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and CITY may enter into an
agreement, through their respective legislative bodies, whereby FORKS shall furnish
jail facilities for CITY prisoners upon such terms as may be mutually agreed upon.
2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of
misdemeanor and gross misdemeanor offenses committed by adults in their
respective jurisdictions, and referred from their respective law enforcement agencies,
whether filed under state law or city ordinance, and must carry out this responsibility
through the use of their own courts, staff, and facilities, or by entering into contracts or
interlocal agreements to provide these services. Such contracts or interlocal
agreements are required to take into account the anticipated costs of services as well
as the anticipated and potential revenues to fund the services, including fines and
fees, criminal justice funding, and state authorized sales tax funding levied for criminal
justice purposes.
3. CITY and FORKS agree that the terms and conditions set forth herein are an
acceptable basis for FORKS providing prisoner jail services to CITY for persons
committing misdemeanor or gross misdemeanor offenses within CITY limits.
AGREEMENTS:
1. Availability and Funding of Adult Correctional Facilities and Services: FORKS agrees
to house, care for, and provide for the welfare and safekeeping of CITY prisoners
within its facilities. In so doing, FORKS agrees to furnish its facilities and personnel
for the confinement, processing, and related services for CITY prisoners in the same
manner and to the same extent as FORKS furnishes said services for confinement,
processing, and related activities of its own prisoners. FORKS jail facilities shall be
made available and furnished for holding of CITY prisoners serving imposed jail terms,
subject to the conditions herein. Said· facilities and services shall meet the
requirements of all applicable state and federal laws.
2. Definition of a CITY Prisoner: The term "CITY prisoner" as used in this Agreement
shall mean a person arrested by CITY police and held and confined in the FORKS
Jail. or otherwise held in detention as provided in this agreement, pursuant to a
violation of a CITY ordinance or a violation of a state law which designates the crime
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for which the person is held to be a misdemeanor or gross misdemeanor. The term
"CITY prisoner" shall not include a person arrested for a felony offense by CITY
police, a person arrested on a warrant issued by another jurisdiction or for charges
initiated by a non CITY officer, or a person charged by the prosecutor with a felony or
an attempt to commit a felony even if there is a plea to or conviction of a lessor
offense.
3. Prisoner Confinement Daily Fee:
A. Beginning August 01, 2009 CITY agrees to pay FORKS a daily per inmate fee for
the housing of prisoners in the FORKS Jail. The daily confinement fee shall be
charged per prisoner for each calendar day or portion thereof, excluding the release
day when a prisoner has been confined for more than one day. The base daily rate
shall be $60.00 each on a daily basis, FORKS will house any CITY prisoner who
has a court commitment of 365 days at the special daily rate of $55.00 each day.
B. This rate shall be adjusted annually, based on the Seattle CPI U. The first annual
adjustment will be effective March 1, 2010 and each year thereafter.
C. Prisoner fees shall be billed by FORKS each month and CITY shall pay said fees
within 30 days of billing. In the event of an error, the next billing after the error was
discovered, it will be adjusted appropriately.
4. Partial Confinement and Alternative Confinement Programs: CITY prisoners shall be
considered for FORKS alternative and partial confinement programs on an equal basis
with FORKS prisoners, and subject to the same rules and regulations, as well as potential
sanctions, for program rule violations. Prisoner participation in such programs may be
limited to an operational capacity as identified by FORKS. Alternative and partial
confinement programs shall include, but not be limited to, Work Release and Work Crew.
It is understood by the parties that the term alternative confinement programs shall not
include electronic home monitoring.
The City of Forks Jail, in cooperation with Peninsula Community College, offers aGED
program to those inmates wishing to genuinely earn their GED.
Where offenders pay a fee to FORKS for program participation, such fees shall be
deducted from the confinement daily fee.
Where CITY prisoners are in a FORKS Work Crew assignment, they shall be credited with
five days "good time" for each 30 days that they are assigned to the Work Crew. "Good
time" is earned, and not automatically "given", once housed in Forks.
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5. Designated Administrators: The FORKS Police Chief in consultation with the CITY
Police Chief shall administer this agreement. Each administrator or designee may
consult with each other quarterly regarding costs, fees and charges and regarding
changes in policies, practices, or procedures, which may affect the responsibilities of
the other, and will try to resolve disputes between themselves or through their
designated representatives.
6. Medical Costs: Medical costs for emergency or necessary health care for CITY
prisoners shall be the responsibility of CITY. CITY retains the option to contract with
medical providers to provide medical services to CITY prisoners. FORKS will not
transport outside of FORKS city limits for medical appointments, this will be borne by
CITY if such a medical transport is necessary.
FORKS shall notify CITY prior to outside medical care being provided for a CITY
prisoner; provided, however, that when emergency medical care is required in life-
threatening circumstances, the notification may occur as soon as practicable.
No Waiver of Right to Seek Reimbursement. The above paragraphs relating to
medical costs are intended solely to define the obligations between the parties to this
agreement. Nothing contained within the provisions of this agreement shall be
construed to waive the rights of either party to seek reimbursement for costs from the
department of social and health services, or from the prisoner, or any other
responsible third-party.
7. Transportation: Transportation of CITY prisoners to the FORKS jail facilities will be
provided by the FORKS Police Department as needed, but not to exceed one time per
calendar week. FORKS Police Department, will travel to a mutually agreed upon
location for the pick-up. The one-way rate for transportation shall be included in the
daily prisoner rate. Upon release of CITY prisoners, FORKS may transport the
prisoner to the Forks Transit Center. A one-way ticket toward the CITY area may be
issued to the released prisoner. If the prisoner is needed for Court during
incarceration in the FORKS jail, it will be the responsibility of CITY to transport the
prisoner from FORKS jail to Court, and r~turn.
8. Transfer of Custody: When the CITY law enforcement officers are placing arrested
persons in custody of FORKS, at a designated meet point between the parties or at
the Forks jail, the City officer shall be required to remain in the immediate presence of
the arrested person and shall be considered to have such person in their sole custody
until the FORKS booking officer audibly states that the prisoner is secured; at such
time and only then, will FORKS come into custody of said prisoner.
When custody of a CITY prisoner is transferred to FORKS, the CITY prisoner shall be
subject to all applicable rules, regulations and standards governing operation of the
FORKS jail, including any emergency security rules imposed by the FORKS Chief of
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Police or designee. Any CITY police officer delivering a prisoner to FORKS jail shall
comply with reasonable rules and regulations of the FORKS jail.
9. Release of CITY Prisoner from FORKS Jail: No CITY prisoner confined in the FORKS
jail subject to this agreement shall be released except: (a) when requested by a
member of CITY Police Department; (b) in compliance with orders of the court in
those matters in which the courts have jurisdiction; (c) for appearance in court; (d) for
interviews by CITY police or attorneys; (e) if the prisoner has served his or her
sentence or the charge pending against said prisoner has been dismissed; or (f) as
determined by the FORKS Chief of Police as part of a plan to reduce prisoner
population as a result of facility overcrowding.
10. Record Keeping:
FORKS agrees to maintain a system of record keeping relative to the booking and
confinement of each CITY prisoner in such style and manner as equivalent to
FORKS's records pertaining to its own prisoners. FORKS shall make available, upon
request, to CITY or its authorized representatives, copies of said records.
11. CITY Access to Prisoners: All CITY police officers, investigators and the prisoner's
legal counsel shall have the right to interview the prisoners at any time inside the
confines of the FORKS jail, subject only to necessary security rules. Interview rooms
will be made available to CITY police officers in equal priority with those of any other
department.
12. Equal Treatment of CITY Prisoners: CITY and FORKS prisoners will be treated
equally for purposes of extradition, transportation, record keeping, and access to
special detention programs. During situations where jail population exceeds
maximum capacity, FORKS retains priority for the housing of FORKS prisoners.
FORKS will notify CITY if prisoner(s) are to be released due to situations where jail
population exceeds maximum capacity and give CITY an opportunity to transport
prisoner to another jail facility. When known, FORKS will notify CITY if the jail
population exceeds maximum capacity prior to the transportation of new prisoners to
the facility pursuant to paragraph 7 above.
13. Hold Harmless Agreement.
A. FORKS assumes full responsibility for the welfare, safety and safekeeping of
all CITY prisoners while in the custody of FORKS. FORKS agrees to hold
harmless, indemnify, and defend CITY its elected officials, officers,
employees and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable
attorneys' fees) (also including but not limited to claims related to alleged
mistreatment, injury, or death to any prisoner, or loss or damage to prisoner
property while in FORKS' custody) which result from or arise out of the
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negligence of FORKS, its elected officials, officers, employees, and agents
in connection with or incidental to the performance or non-performance of
FORKS' services, duties and obligations under this Agreement.
B. The CITY agrees to hold harmless, indemnify, and defend FORKS its
elected officials, officers, employees and agents from and against any and
all suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorneys' fees) (also including but not limited to a
claim of false arrest, unlawful imprisonment and writs of habeas corpus
proceedings) which result from or arise out of the negligence of CITY, its
elected officials, officers, employees, and agents in connection with or
incidental to the performance or non-performance of CITY's services, duties
and obligations under this Agreement.
C. In the event that the officials, officers, agents, and/or employees of both
FORKS and the CITY are concurrently negligent, each party shall be liable
for its contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable
attorneys' fees).
D. Nothing contained in this section of this Agreement shall be construed to
·create a liability or a right of indemnification by any third party.
E. The provisions of this section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or
termination.
14. Duration of Agreement: Subject to the provisions of RCW 39,34.040, this Agreement
shall be effective on August 01 2009, and said Agreement shall be in effect for a
period of three years. This Agreement will be renegotiated every three years. The
Agreement may be terminated upon written notice by either party with a minimum 90
days notice. The notice shall state the grounds for the termination and the specific
plans for accommodating the affected jail population (per RCW 70.48.090 as
amended). Pursuant to RCW 39.34.040, each party shall be responsible for recording
a copy of this agreement with their County auditor and/or posting this agreement on
the agency's web-site.
15. Disputes: Disputes relating to the interpretation or administration of this agreement
that cannot be resolved by the representatives designated herein shall be referred to
the FORKS Mayor and CITY Mayor or their designees for settlement.
16. Joint Undertaking or Separate Entity: Pursuant to the requirements of RCW
39.34.030(3), the parties specify the following: 1) no new or separate legal or
administrative entity is created by the provisions of this agreement; 2) the parties to
this Agreement are each responsible for their own duties under this agreement; 3) no
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joint financing or budget is required; and 4) and no real or personal property will be
jointly acquired by the parties under this Agreement. All property owned by each of
the parties shall remain its sole property to hold and dispose of in its sole discretion.
17. Non-Delegation/Non-Assignment: Neither party may delegate the performance of any
contractual obligation, to a third party, unless mutually agreed in writing. Neither party
may assign this agreement without the written consent of the other party.
18. Each Agency's officers, agents, nor employees are employees of the individual
Agency for any purpose including responsibility for any federal or state tax, industrial
insurance or Social Security liability. No provision of services under this Agreement
shall give rise to any claim of career service or civil service right, which may accrue to
an employee of the Agency under any applicable law, rule, or regulation.
19. Severability: If any provision of this contract shall be held invalid, the remainder of this
contract shall not be affected thereby if such remainder would then continue to serve
the purposes and objectives of both parties.
DATED this _l_ day o~009. DATED this~ day off/q2L 2009.
Mayor
APPROVED AS TO FORM:
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