071-21 - City of Forks - ContractContract No. 071-21
CITY OF FORKS AND CITY OF PORT ORCHARD
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
This Agreement is made and entered into this 1st day of June, 2021 by and between the
CITY OF FORKS, a municipal corporation (hereinafter "FORKS"), and the CITY OF PORT
ORCHARD, a municipal corporation (hereinafter "CITY").
REPRESENTATIONS:
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 counts, 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. As municipal governments operating under local, state and federal authority, it is a
basic function of governmental operations that 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 et seq.).
4. FORKS Correctional Facility has a zero tolerance policy relating to the sexual
assault/rape of inmates and recognizes these inmates as crime victims. The FORKS
Correctional Facility will immediately respond to allegations, fully investigate reported
incidents, pursue disciplinary actions, and refer for investigation and prosecution those
who perpetrate such conduct.
5. 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.
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD
-1-
AGREEMENTS:
Availability and Fundinq 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 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 lesser offense.
3. Definition of Intensive Management Prisoner: The term "Intensive Management
Prisoner" shall mean a CITY prisoner who has been assigned to administrative
segregation after it has been found that the prisoner poses a threat to themselves or
others or the security of the institution, and all other housing options have been
exhausted. Some conditions that may warrant Intensive Management status include:
serious behavioral or medical issues that prevent housing with other prisoners, or
constant violent tendencies toward staff and/or other prisoners. The designation of
Intensive Management Prisoner shall be made by the FORKS Corrections Sergeant or
designee. The CITY will be notified by telephone to the designated CITY POC within
72 hours that CITY prisoner has been designated as Intensive Management.
4. Prisoner Confinement Daily Fee:
A. Beginning on the date first stated above, 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 $52.12 each on a daily basis, FORKS will house any CITY prisoner
who has a court commitment of 364 days at the special daily rate of $46.34 each day.
B. The confinement fee for Intensive Management Inmates shall be two times the
current base daily rate.
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD
-2-
C. These rates shall be adjusted annually, based on the Seattle CPI-U for June
published in July of each year, with the adjustment taking effect in January of each
subsequent year. The first annual adjustment will be effective January 1, 2022 and
each year thereafter.
D. 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 will be adjusted appropriately.
5. 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.
Where offenders pay a fee to FORKS for program participation, such fees shall be
deducted from the confinement daily fee billed to CITY.
Where CITY prisoners are in a FORKS Work Crew assignment, they shall be credited
with ten days "good time" for each 30 days that they are assigned to the Work Crew. If
the prisoner is not on a work crew or special program, then in such case that prisoner
is eligible for five days good time per thirty days served. "Good time" is earned, and not
automatically "given", and is calculated based only on the time the prisoner is housed in
Forks.
6. 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. The Administrators will make their best efforts to resolve any disputes
between themselves or through their designated representatives.
7. 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.
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD
-3-
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.
8. Transportation: Transportation of CITY prisoners to the FORKS jail facilities will be
provided by the FORKS Police Department as needed, but not more frequently than
onetime per calendar week. FORKS Police Department, will travel to a mutually agreed
upon location for the pick-up. The rate for transportation to FORKS shall be $25 per
prisoner. 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 either 1 with at least 8 hours prior notice make arrangements
with FORKS so that the prisoner may artici ate in a virtual court hearing; or, (2)
transport the prisoner from FORKS jail to Court, and to return the prisoner back to
FORKS jail. If the virtual option is utilized by the CITY the CITY shall ensure that Forks
has all necessary information, and associated paperwork including materials CITY
prisoner may need to read and/or sign in advance if possible, or within one hour after
the hearing
9. 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 his or her sole
custody until the FORKS booking/transport 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
Police or designee. Any CITY police officer delivering a prisoner to FORKS jail shall
comply with reasonable rules and regulations of the FORKS jail.
10. 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
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD
-4-
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, after phone consultation with the CITY POC,
as part of a plan to reduce prisoner population as a result of facility overcrowding.
11. Record Keepinq: 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.
12. 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.
13. 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 will give CITY an opportunity to transport the CITY prisoner(s)
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 8 above.
14. Inmate Escape/Death
Escape/Death of an Inmate. If a CITY Inmate escapes FORKS' custody, FORKS shall
notify the CITY as soon as reasonably possible. FORKS shall use all reasonable
efforts to pursue and regain custody of escaped CITY Inmates.
If a CITY Inmate dies while in FORKS' custody, FORKS shall notify the CITY as soon
as reasonably possible. The Clallam County Prosecutor, acting as the Coroner, shall
either assume custody of the CITY inmate's body, or designate the proper custodian
of said body. Unless another agency becomes responsible for investigation, FORKS
shall investigate and shall provide the CITY with a report of its investigation. The CITY
may participate in the investigation.
15. Insurance
FORKS and CITY 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.
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD
-5-
FORKS and the CITY shall each maintain throughout the term of this Agreement
coverage in minimum liability limits of two million dollars ($2,000,000) per occurrence
and five million dollars ($5,000,000) in the aggregate for its liability exposures,
including comprehensive general liability, errors and omissions, auto liability and
police professional liability. The insurance policies shall provide coverage on an
occurrence basis.
Both parties are members of the Association of Washington Cities Risk Management
Service Agency.
Each Party shall provide to the other Party notice of any cancellation, suspension or
material change in coverage.
16. Hold Harmless A reement.
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
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).
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD
-6-
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.
17. Duration of Agreement: This Agreement shall be in effect for one year from the date
first stated above and shall automatically renew for up to four one-year terms thereafter
unless terminated upon written notice by either party with a minimum 90 days' notice,
or 90 days' written notice of the party's request to renegotiate terms. 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 its respective
County auditor and/or posting this agreement on the agency's website.
18. 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.
19. No 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 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.
20. 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.
21. Each individual Agency's officers, agents, or employees are only employees of the
individual. Agency for any and all purposes, 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 rights, which
may accrue to an employee of the Agency under any applicable law, rule, or regulation.
22. Severability: If any provision of this Agreement shall be held invalid, the remainder of
this Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of both parties.
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD
- 7-
DATED this d*day of 9-"- . - 2021
City of Forks
17�
Mayor
Chief of Police
ATTEST:
City Clerk
APPROVED AS TO FORM:
s
City Attorney
DATED this 3L)day o2021
City of Port Orchard
— "N�
Mayor
f
Chief of Polic
ATTEST:
K 7.
lerk
APPROVED AS TO FORM:
�V
City Attorney
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD
-8-