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Interlocal agreement, jail facilities with cities of Centralia, Chehalis, Napavine, Toledo, Mossyrock, Morton, Winlock and Pe Ell BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO 19-374 ACCEPTANCE OF AN INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITIES BETWEEN THE LEWIS COUNTY SHERIFF'S OFFICE/COUNTY AND THE INCORPORATED CITIES OF CENTRALIA, CHEHALIS, NAPAVINE, TOLEDO, MOSSYROCK, MORTON, WINLOCK AND PE ELL WHEREAS, the Board of County Commissioners (BOCC) has reviewed the interlocal prisoner housing agreements between the incorporated cities of Centralia, Chehalis, Napavine, Toledo, Mossyrock, Morton, Winlock and Pe Ell, and WHEREAS, it appears to be in the best public interest to authorize the execution of said service contracts, and WHEREAS, these are non-expiring agreements, and WHEREAS, these interlocal agreements are modified to reflect a 5% increase in the daily bed rate, which raises the rates to $66 56 per day for guaranteed flat rate and $73 22 for agencies choosing the per diem rate, and WHEREAS, the BOCC authorizes the Sheriff, or his designee, to approve and sign future amendments extending the duration of this agreement. NOW THEREFORE BE IT RESOLVED the aforesaid agreement for utilization of jail facilities is hereby approved, and the BOCC is authorized to sign the same DONE IN OPEN SESSION this 16th day of December, 2019 APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Kevin McDowell Robert C. Jackson By Kevin McDowell, Robert C Jackson, Chair Deputy Prosecuting Attorney . 0�}NTY,qq. Gary Stamper ATTEST OP�D OF'S�S'j�.• ;6•3ary Stamper, Vice Chair •.7 v7 4i. 1$A 1 Rieva Lester •V^,'CON-%l�`•' yJ^'cror`'%`.• Edna J . Fund Rieva Lester, Edna J Fund, Commissioner Clerk of the Lewis County Board of County Commissioners AGREEMENT FOR USE OF JAIL FACILITIES IN LEWIS COUNTY THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, a political subdivision of the State of Washington (hereinafter "County"), and the CITY OF CENTRALIA (hereinafter "Contract Agency") in Lewis County in the State of Washington. RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein, WHEREAS, RCW 39 34 RCW 70 48, and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform, and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39 34 080, RCW 70 48, and other Washington law AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows: 1. PURPOSE. It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Lewis County Jail, 28 SW Chehalis Avenue, Chehalis, Washington 98532-1900 2. MAILING AND CONTACT ADDRESS. All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following County Lewis County Jail Attention Corrections Chief Centralia 1 Page f h 28 SW Chehalis Avenue Chehalis, WA 98532-1900 Facsimile (360) 740-1463 Telephone Number. (360) 740-2714 Contract Agency City of Centralia Attention Chief Carl Nielsen 118 W Maple Street 1 Centralia, WA 98531 Facsimile 360-807-6210 Telephone Number 360-330-7680 3. AVAILABILITY OF JAIL FACILITIES. Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contract Agency, unless the facility is declared at or near capacity by court order, or in the sole discretion of the County, if its inmate population is at capacity or so near capacity there is a risk the reasonable operational capacity limits of the County's jail might be reached or exceeded 4. COMPENSATION FROM CONTRACT AGENCY. (a) Daily Rate In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County seventy-three dollars and twenty-two cents ($73.22) for every calendar day said inmate is in the custody of the County Any portion of the day over four (4) hours will be billed as one calendar day Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody (b) Guaranteed Flat Rate In return for the County's housing of a guaranteed number of beds, the Contract Agency shall pay the County a reduced flat rate fee of sixty-six dollars and fifty-six cents ($66 56) per bed day The initial agreed upon number of flat rate beds will be based upon the average number of beds used during the past three calendar years. Purchased beds will be cumulative month to month but will not extend past December 31st of the current billing year If the agreed upon number of beds to date is exceeded at any time during the calendar year, the guaranteed flat rate will apply for any additional beds used (c) Other Costs The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 5 (d) Billing 1) Daily Rate The County will bill the Contracting Agency on the 15th day of each month for amounts due to the County under this Agreement for services rendered in the prior calendar month Payment shall be due from the Contract Agency by the 15th day of the following month Account Centralia 2 I P a g e balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. 2) Flat Rate The County will bill the Contract Agency at the beginning of each quarter for the amount contracted at the flat rate Additional charges, if any, incurred by Contract Agency during a contract quarter, will be separately noted and included in the following quarter's bill Additional fourth quarter charges will be billed separately by January 15th of the following year Payment shall be due from the Contract Agency by the 30th day following the date of invoice Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments (e) Booking Fee The Contract Agency will reimburse the County $30 for each booking conducted by the County where the inmate's stay does not exceed 4 hours At the Contract Agency's discretion, an available flat rate bed day can be used in lieu of the booking fee (f) Concurrent Sentences. When a contract agency requests the Lewis County Jail to track, monitor, calculate time served for sentences imposed by a court other than Lewis County District or Superior Courts, or to place a hold on or to notify a municipal court of an inmate's incarceration in the Lewis County Jail, the Contract Agency will pay 1/2 of the daily rate for offender serving time concurrently If the contract agency is contracted for the flat rate, this provision shall not apply (g)Annual Review. 1) Daily Rates. The daily rate for housing prisoners shall be adjusted by the County based on the projected costs for the next contract year The adjusted daily rate anticipated for the next year shall be provided to the Contract Agency for review and comment no later than July of each year The Contract Agency's written response will be considered and the final daily rate will be provided to the Contract Agency by August 25 2) Flat Rate Number of Beds. The number of beds used to determine the flat rate for the following year will be based upon the agency's initial bed use and each subsequent year's use until a three-year average is obtained Once a three-year average is reached, it will be based on the preceding three-year July through June period (h) Addendum The choice of either daily rate or flat rate, and the number of beds contracted for, shall be included as an addendum to this contract. Centralia 3 I P a g e 5. MEDICAL COSTS AND TREATMENT. (a) Services Provided Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive medical, psychiatric and dental services necessary to safeguard their health while confined, in accordance with the provisions of RCW 74 48 130, as now in effect or hereinafter amended, and the policies and rules of the County jail (b) Cost Responsibility The Contract Agency shall be responsible for the cost of medication prescribed for its inmates The Contract Agency shall also be responsible for costs associated with the delivery of medical, psychiatric, dental, and emergency medical services provided to an inmate which are not available from the health care program within the County jail These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County (c) Notice Except in situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide the County written verification of any authorization of or refusal to authorize care or treatment for such inmate(s). (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from resuming custody of an ill or injured inmate by picking such inmate up for transfer at the County jail, provided, in situations in which the County deems an inmate requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) (f) Records. The County shall keep records of all medical, psychiatric or dental services provided to inmates Upon request by the Contract Agency, and in accordance with applicable law, the Contract Agency shall receive a copy of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency Lewis County and the contract medical provider for Lewis County shall comply with all requirements under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable law 6. TRANSPORTATION OF CONTRACT PRISONERS. (a) Transportation. The Contract Agency is responsible for the transport of offenders to the County Jail for admittance and to mandated court appearances. Centralia Wage 7. TRANSFER OF CUSTODY. (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when Corrections Officers from the Lewis County Sheriffs Office take physical control of an inmate The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contract Agency or its agent. If the County requests additional information, the parties shall mutually cooperate to obtain such information In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. Property shall be limited to the amount which can be stored in a grocery size bag The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and all property allowed to be transported with the inmate is properly packaged Only when all paperwork and property are in order will the County take physical control and assume custody and responsibility for the Contract Agency's inmate for confinement. (b) Further Transfer of Custody Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without written authorization from a court of competent jurisdiction (c) Responsibilities upon Assumption of Custody Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate, to supervise, discipline and control said inmate, and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington During such confinement, the County shall provide and furnish or arrange for necessary medical and hospital services and supplies in accordance with Section 5 of this Agreement. 8. RIGHT TO REFUSE AN INMATE. The County shall have the right to refuse the Contract Agency's inmates under the following circumstances. (a) Pending Medical Needs The County shall have the right to refuse to accept a Contract Agency inmate who, at the time of presentation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County At the time of custody transfer it is the Contract Agency's responsibility to provide information relevant to the care and custody of the Contract Agency's inmate. Centralia 5 I P a g e i 9. REMOVAL FROM JAIL. The Contract Agency's inmates may be removed from the County jail for reasons outlined below (a) Request by Contract Agency Upon the County's receipt of written request for inmate return made by the Contract Agency, the inmate will be transported by the Contract Agency or the County pursuant to Section 6 above (b) Court Order Upon the County's receipt of an order issued by a court having jurisdiction over a Contract Agency's inmate, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 6 above (c) Treatment Outside of Jail The Contract Agency's inmate may be removed from the County jail for medical, psychiatric or dental treatment or care not available within the County jail (d) Catastrophe In the event of a catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), inmates held on behalf of the Contract Agency may be removed from the County Jail The County will inform the Contract Agency, at the earliest practical time, of the whereabouts of the inmate(s) and shall exercise all reasonable care for the safekeeping and custody of such inmate(s) 10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT. (a) Termination by County In the event of a notice of termination by the County in accordance with Section 20 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at no expense to the Contract Agency (b) Termination by Contract Agency In the event of a notice of termination from the Contract Agency in accordance with Section 20 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s) With respect to inmate(s) not removed in accordance with this Section 10, the Contract Agency shall pay the applicable rate set forth in Section 4 above plus an additional five dollars ($5) per inmate for every 24 hour period or part thereof said inmate(s) remains in the County jail, and the County shall retain all rights hereunder, notwithstanding such termination, until the Contract Agency's inmates are removed from the County jail Centralia Wage 11. INMATE RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for inmates at the County jail With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules and defined by RCW No discipline prohibited by federal or state law will be permitted The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined (b) Inmate Accounts. The County shall establish and maintain a financial account for each inmate and shall credit to such account money received from each inmate or from the Contract Agency on behalf of each inmate The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs in accordance with the policies of the Lewis County Jail Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance The County shall remit a check to the Contract Agency in the name of each inmate eligible for reimbursement in the following situations. Termination or expiration of this Agreement, an inmate's return to the Contract Agency, inmate death or inmate escape (c) Programs The County shall provide the Contract Agency's inmates with access to educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to other similarly situated inmates at the County jail 12. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and ensure its inmates are treated appropriately The County agrees to manage, maintain and operate its facilities consistent with applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at reasonable times within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Lewis County Sheriffs Office 13. ESCAPES AND DEATHS. (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified by telephone or fax with a follow-up in writing as soon as practical The County will have the primary authority to direct the Centralia 7 I P a g e investigation and to pursue the inmate within its jurisdiction Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County (b) Deaths. 1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified by telephone or fax with a follow-up notification in writing via US mail Lewis County Sheriff's Office and the Lewis County Coroner will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of records and documents in connection with the investigation 2) Subject to RCW 68 50 160, any other applicable provisions of law, and to the orders of the Lewis County Coroner, the County shall follow the written instructions of the Contract Agency regarding the disposition of the body Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses This paragraph deals with relations between the parties to this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or any associated expenses. 14. POSTING OF BAIL. The County shall serve as an agent for the Contract Agency in receipt of bail bonds or money posted for or by a Contract Agency's inmate with the County at when the Contract Agency is closed for regular business. Bonds or money collected will be promptly forwarded to the Contract Agency Bail posted for Contract Agency inmates shall adhere to the County's bail guidelines 15. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for other inmates. The County shall make copies of said records available to the Contract Agency upon its request. 16. INDEMNIFICATIONS AND INSURANCE: (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, Centralia 8 I P a g e agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to costs and reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. 17. NON-DISCRIMINATION POLICY. The County and the Contract Agency agree not to discriminate in the performance of this Agreement on the basis of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 18. CONTRACT ADMINISTRATION/REQUIREMENTS OF CHAPTER 39.34 RCW. This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act and other applicable law Pursuant to the provisions of RCW 39 34 030, the Lewis County Sheriff shall be responsible for administering the confinement of inmates here under 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 Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source Centralia Wage 19. WAIVER OF RIGHTS. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment or acceptance of payment of a billing, or continued performance after notice of a deficiency in performance constitute acquiescence thereto 20. TERMINATION. This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at the address set forth herein Termination by said notice shall become effective sixty (60) days after receipt of such notice The notice shall set forth the specific plan for accommodating the affected inmates, if any 21. WAIVER OF ARBITRATION RIGHTS. Both parties acknowledge and agree they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess The parties further agree such level of compensation and other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 22. DURATION: This Agreement will remain effective unless terminated by either party under the terms set forth in Section 20 above Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County 23. GOVERNING LAW AND VENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. The venue shall be in the Lewis County Superior Court. 24. MISCELLANEOUS. Centralia 10 Page In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract 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 Contract Agency under any applicable law, rule, or regulation [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Centralia 11 Page r r DATE -c /4, 020/7 DATE J 4-7////9 LEWI COUNTY, WASHINGTON CITY OF CENTRALIA, WASHINGTON 1 4/// /. eii. / , airman By A 974- , Member Title 7/7 /2 k7. Member Approved as to Form / 1 Constituting the Board of County 1 1. Commissioners of Lewis County, I l Washington ®®eo Attest: Aa°sCOUNTr 0 Clerk of the Board ok.%,%o�o�\ +� Approved as •r F//nd Content: :g i SINCE i ® ®®o Robert R. Sn 1'rff - ®®0 ®s Lewis Cow, y eriff.'s Office Reviewed by. 4540 Prosecuting Attorney Centralia 12 Page I r ADDENDUM TO AGREEMENT FOR USE OF LEWIS COUNTY JAIL FACILITIES Initial for approval Quarterly(Flat rate) Billing option—Contract Agency elects to be billed quarterly Bed Days 500 Initial for approval Monthly(Per Diem) Billing option—Contract Agency elects to be billed monthly Average Bed Day used last 3 years —3,118 Total 2018 —3065 Total 2017—3292 Total 2016 —2998 Centralia 13 Page I AGREEMENT FOR USE OF JAIL FACILITIES IN LEWIS COUNTY THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, a political subdivision of the State of Washington (hereinafter "County"), and the CITY OF CHEHALIS (hereinafter "Contract Agency") in Lewis County in the State of Washington RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein, WHEREAS, RCW 39 34 RCW 70 48, and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform, and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39 34 080, RCW 70 48, and other Washington law AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows. 1. PURPOSE. It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Lewis County Jail, 28 SW Chehalis Avenue, Chehalis, Washington 98532-1900 2. MAILING AND CONTACT ADDRESS. All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following County Lewis County Jail Attention Corrections Chief Chehalis 1 P P a g e 28 SW Chehalis Avenue Chehalis, WA 98532-1900 Facsimile (360) 740-1463 Telephone Number (360) 740-2714 Contract Agency. City of Chehalis Attention Chief Schaffer 350 N Market Blvd , Room 201 Chehalis, WA 98532 Facsimile 360-748-1513 Telephone Number. 360-748-8605 3. AVAILABILITY OF JAIL FACILITIES. Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contract Agency, unless the facility is declared at or near capacity by court order, or in the sole discretion of the County, if its inmate population is at capacity or so near capacity there is a risk the reasonable operational capacity limits of the County's jail might be reached or exceeded 4. COMPENSATION FROM CONTRACT AGENCY: (a) Daily Rate In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County seventy-three dollars and twenty-two cents ($73.22) for every calendar day said inmate is in the custody of the County Any portion of the day over four (4) hours will be billed as one calendar day Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody (b) Guaranteed Flat Rate In return for the County's housing of a guaranteed number of beds, the Contract Agency shall pay the County a reduced flat rate fee of sixty-six dollars and fifty-six cents ($66 56) per bed day The initial agreed upon number of flat rate beds will be based upon the average number of beds used during the past three calendar years Purchased beds will be cumulative month to month but will not extend past December 31st of the current billing year If the agreed upon number of beds to date is exceeded at any time during the calendar year, the guaranteed flat rate will apply for any additional beds used (c) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 5 (d) Billing 1) Daily Rate The County will bill the Contracting Agency on the 15th day of each month for amounts due to the County under this Agreement for services rendered in the prior calendar month Payment shall be due from the Contract Agency by the 15th day of the following month Account Chehalis 2 j P a g e balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum). Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. 2) Flat Rate The County will bill the Contract Agency at the beginning of each quarter for the amount contracted at the flat rate Additional charges, if any, incurred by Contract Agency during a contract quarter, will be separately noted and included in the following quarter's bill Additional fourth quarter charges will be billed separately by January 15th of the following year Payment shall be due from the Contract Agency by the 30th day following the date of invoice Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments (e) Booking Fee The Contract Agency will reimburse the County $30 for each booking conducted by the County where the inmate's stay does not exceed 4 hours. At the Contract Agency's discretion, an available flat rate bed day can be used in lieu of the booking fee (f) Concurrent Sentences. When a contract agency requests the Lewis County Jail to track, monitor, calculate time served for sentences imposed by a court other than Lewis County District or Superior Courts, or to place a hold on or to notify a municipal court of an inmate's incarceration in the Lewis County Jail, the Contract Agency will pay 1/2 of the daily rate for offender serving time concurrently If the contract agency is contracted for the flat rate, this provision shall not apply (g)Annual Review. 1) Daily Rates. The daily rate for housing prisoners shall be adjusted by the County based on the projected costs for the next contract year The adjusted daily rate anticipated for the next year shall be provided to the Contract Agency for review and comment no later than July of each year The Contract Agency's written response will be considered and the final daily rate will be provided to the Contract Agency by August 25 2) Flat Rate Number of Beds The number of beds used to determine the flat rate for the following year will be based upon the agency's initial bed use and each subsequent year's use until a three-year average is obtained Once a three-year average is reached, it will be based on the preceding three-year July through June period (h) Addendum The choice of either daily rate or flat rate, and the number of beds contracted for, shall be included as an addendum to this contract. Chehalis 3j P a g e 5. MEDICAL COSTS AND TREATMENT. (a) Services Provided Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive medical, psychiatric and dental services necessary to safeguard their health while confined, in accordance with the provisions of RCW 74 48 130, as now in effect or hereinafter amended, and the policies and rules of the County jail (b) Cost Responsibility The Contract Agency shall be responsible for the cost of medication prescribed for its inmates. The Contract Agency shall also be responsible for costs associated with the delivery of medical, psychiatric, dental, and emergency medical services provided to an inmate which are not available from the health care program within the County jail These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County (c) Notice Except in situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide the County written verification of any authorization of or refusal to authorize care or treatment for such inmate(s) (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from resuming custody of an ill or injured inmate by picking such inmate up for transfer at the County jail, provided, in situations in which the County deems an inmate requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) (f) Records. The County shall keep records of all medical, psychiatric or dental services provided to inmates. Upon request by the Contract Agency, and in accordance with applicable law, the Contract Agency shall receive a copy of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency Lewis County and the contract medical provider for Lewis County shall comply with all requirements under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable law 6. TRANSPORTATION OF CONTRACT PRISONERS. (a) Transportation. The Contract Agency is responsible for the transport of offenders to the County Jail for admittance and to mandated court appearances. Chehalis Wage 7. TRANSFER OF CUSTODY. (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when Corrections Officers from the Lewis County Sheriffs Office take physical control of an inmate The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contract Agency or its agent. If the County requests additional information, the parties shall mutually cooperate to obtain such information In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. Property shall be limited to the amount which can be stored in a grocery size bag The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and all property allowed to be transported with the inmate is properly packaged Only when all paperwork and property are in order will the County take physical control and assume custody and responsibility for the Contract Agency's inmate for confinement. (b) Further Transfer of Custody Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without written authorization from a court of competent jurisdiction (c) Responsibilities upon Assumption of Custody Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate, to supervise, discipline and control said inmate, and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington During such confinement, the County shall provide and furnish or arrange for necessary medical and hospital services and supplies in accordance with Section 5 of this Agreement. 8. RIGHT TO REFUSE AN INMATE: The County shall have the right to refuse the Contract Agency's inmates under the following circumstances (a) Pending Medical Needs The County shall have the right to refuse to accept a Contract Agency inmate who, at the time of presentation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County At the time of custody transfer it is the Contract Agency's responsibility to provide information relevant to the care and custody of the Contract Agency's inmate. Chehalis 5 1Page 9. REMOVAL FROM JAIL. The Contract Agency's inmates may be removed from the County jail for reasons outlined below (a) Request by Contract Agency Upon the County's receipt of written request for inmate return made by the Contract Agency, the inmate will be transported by the Contract Agency or the County pursuant to Section 6 above (b) Court Order Upon the County's receipt of an order issued by a court having jurisdiction over a Contract Agency's inmate, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 6 above (c) Treatment Outside of Jail The Contract Agency's inmate may be removed from the County jail for medical, psychiatric or dental treatment or care not available within the County jail (d) Catastrophe In the event of a catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), inmates held on behalf of the Contract Agency may be removed from the County Jail The County will inform the Contract Agency, at the earliest practical time, of the whereabouts of the inmate(s) and shall exercise all reasonable care for the safekeeping and custody of such inmate(s) 10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT. (a) Termination by County In the event of a notice of termination by the County in accordance with Section 20 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at no expense to the Contract Agency (b) Termination by Contract Agency In the event of a notice of termination from the Contract Agency in accordance with Section 20 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s) With respect to inmate(s) not removed in accordance with this Section 10, the Contract Agency shall pay the applicable rate set forth in Section 4 above plus an additional five dollars ($5) per inmate for every 24-hour period or part thereof said inmate(s) remains in the County jail, and the County shall retain all rights hereunder, notwithstanding such termination, until the Contract Agency's inmates are removed from the County jail Chehalis Wage 11. INMATE RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for inmates at the County jail With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules and defined by RCW No discipline prohibited by federal or state law will be permitted The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined (b) Inmate Accounts The County shall establish and maintain a financial account for each inmate and shall credit to such account money received from each inmate or from the Contract Agency on behalf of each inmate The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs in accordance with the policies of the Lewis County Jail Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance The County shall remit a check to the Contract Agency in the name of each inmate eligible for reimbursement in the following situations. Termination or expiration of this Agreement, an inmate's return to the Contract Agency, inmate death or inmate escape (c) Programs The County shall provide the Contract Agency's inmates with access to educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to other similarly situated inmates at the County jail 12. ACCESS TO FACILITY AND PRISONERS. (a) Access to Facility Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and ensure its inmates are treated appropriately The County agrees to manage, maintain and operate its facilities consistent with applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at reasonable times within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Lewis County Sheriffs Office. 13. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified by telephone or fax with a follow-up in writing as soon as practical The County will have the primary authority to direct the Chehalis 7 I P a g e investigation and to pursue the inmate within its jurisdiction Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County (b) Deaths. 1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified by telephone or fax with a follow-up notification in writing via US mail Lewis County Sheriffs Office and the Lewis County Coroner will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of records and documents in connection with the investigation 2) Subject to RCW 68 50 160, any other applicable provisions of law, and to the orders of the Lewis County Coroner, the County shall follow the written instructions of the Contract Agency regarding the disposition of the body Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses. This paragraph deals with relations between the parties to this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or any associated expenses. 14. POSTING OF BAIL. The County shall serve as an agent for the Contract Agency in receipt of bail bonds or money posted for or by a Contract Agency's inmate with the County at when the Contract Agency is closed for regular business. Bonds or money collected will be promptly forwarded to the Contract Agency Bail posted for Contract Agency inmates shall adhere to the County's bail guidelines. 15. RECORD KEEPING. The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for other inmates. The County shall make copies of said records available to the Contract Agency upon its request. 16. INDEMNIFICATIONS AND INSURANCE. (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, Chehalis Wage agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to costs and reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. 17. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement on the basis of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 18. CONTRACT ADMINISTRATION/REQUIREMENTS OF CHAPTER 39.34 RCW. This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act and other applicable law Pursuant to the provisions of RCW 39 34 030, the Lewis County Sheriff shall be responsible for administering the confinement of inmates here under 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 Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source Chehalis 9 I P a g e 19. WAIVER OF RIGHTS. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment or acceptance of payment of a billing, or continued performance after notice of a deficiency in performance constitute acquiescence thereto 20. TERMINATION. This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at the address set forth herein Termination by said notice shall become effective sixty (60) days after receipt of such notice The notice shall set forth the specific plan for accommodating the affected inmates, if any 21. WAIVER OF ARBITRATION RIGHTS. Both parties acknowledge and agree they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess. The parties further agree such level of compensation and other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 22. DURATION. This Agreement will remain effective unless terminated by either party under the terms set forth in Section 20 above Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County 23. GOVERNING LAW AND VENUE. The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. The venue shall be in the Lewis County Superior Court. Chehalis 10 Page 24. MISCELLANEOUS. In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract 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 Contract Agency under any applicable law, rule, or regulation [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Chehalis 11 Page DATE ,bec /6, c9-v/ 9 DATE -17. 9 LE OUNTY, WASH GTON CITY OF CHEHALIS, WASHINGTON OF. , z.; : i ; airman By ) i-91 , a� A3t-alli-%.- , Member Title o I Lae. CA-„e.-Q 1 e', -- O / , Member Approved as to Form Constituting the Board of County Commissioners of Lewis County, Washington Attest: Q®mcourrx W° ® s. o e® Clerk of the Board ©,: <t° ` ° Approve a t• Fo I and Content: ®o / SI�!�E \qt cz pp © cd 1845 *v /r- _____ © .ms , ® o 0 ®® GPONS�sto• Rob-rt R. ,:<'a -, S °®©®a°® Lewis C. 1 nt eriff's O ' Revi� 1 by Prosecuting Attorney Chehalis 121 Page a ADDENDUM TO AGREEMENT FOR USE OF LEWIS COUNTY JAIL FACILITIES Initial for app roval J d" Quarterly(Flat rate) Billing option—Contract Agency elects to be billed quarterly Bed Days i 3O0 Initial for approval Monthly(Per Diem)Billing option—Contract Agency elects to be billed monthly Average Bed Day used last 3 years— 1,399 Total 2018 — 1329 Total 2017— 1383 Total 2016 — 1486 Chehalis 13 Page . AGREEMENT FOR US E OF JAIL FACILITIES IN LEWIS COUNTY THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, a political subdivision of the State of Washington (hereinafter "County"), and the CITY OF MORTON (hereinafter "Contract Agency") in Lewis County in the State of Washington RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein, WHEREAS, RCW 39 34 RCW 70 48, and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform, and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39 34 080, RCW 70 48, and other Washington law AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Lewis County Jail, 28 SW Chehalis Avenue, Chehalis, Washington 98532-1900 2. MAILING AND CONTACT ADDRESS. All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following County Lewis County Jail Attention Corrections Chief � - - -- Morton � _ ____ __ --- 1 1 P a g e 28 SW Chehalis Avenue Chehalis, WA 98532-1900 Facsimile (360) 740-1463 Telephone Number (360) 740-2714 Contract Agency. City of Morton Attention Chief Morningstar PO BOX 1089 Morton, WA 98536 Facsimile 360-496-6272 Telephone Number 360-496-6636 3. AVAILABILITY OF JAIL FACILITIES. Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contract Agency, unless the facility is declared at or near capacity by court order, or in the sole discretion of the County, if its inmate population is at capacity or so near capacity there is a risk the reasonable operational capacity limits of the County's jail might be reached or exceeded 4. COMPENSATION FROM CONTRACT AGENCY: (a) Daily Rate In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County seventy-three dollars and twenty-two cents ($73.22) for every calendar day said inmate is in the custody of the County Any portion of the day over four (4) hours will be billed as one calendar day Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody (b) Guaranteed Flat Rate In return for the County's housing of a guaranteed number of beds, the Contract Agency shall pay the County a reduced flat rate fee of sixty-six dollars and fifty-six cents ($66 56) per bed day The initial agreed upon number of flat rate beds will be based upon the average number of beds used during the past three calendar years. Purchased beds will be cumulative month to month but will not extend past December 31st of the current billing year If the agreed upon number of beds to date is exceeded at any time during the calendar year, the guaranteed flat rate will apply for any additional beds used (c) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 5 (d) Billing 1) Daily Rate The County will bill the Contracting Agency on the 15th day of each month for amounts due to the County under this Agreement for services rendered in the prior calendar month Payment shall be due from the Contract Agency by the 15th day of the following month Account - - - — Morton ---- - - -�- _� - --- 2 I P a g e balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum). Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. 2) Flat Rate The County will bill the Contract Agency at the beginning of each quarter for the amount contracted at the flat rate Additional charges, if any, incurred by Contract Agency during a contract quarter, will be separately noted and included in the following quarter's bill Additional fourth quarter charges will be billed separately by January 15th of the following year Payment shall be due from the Contract Agency by the 30th day following the date of invoice Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. (e) Booking Fee The Contract Agency will reimburse the County $30 for each booking conducted by the County where the inmate's stay does not exceed 4 hours. At the Contract Agency's discretion, an available flat rate bed day can be used in lieu of the booking fee (f) Concurrent Sentences. When a contract agency requests the Lewis County Jail to track, monitor, calculate time served for sentences imposed by a court other than Lewis County District or Superior Courts, or to place a hold on or to notify a municipal court of an inmate's incarceration in the Lewis County Jail, the Contract Agency will pay 1/2 of the daily rate for offender serving time concurrently If the contract agency is contracted for the flat rate, this provision shall not apply (g) Annual Review. 1) Daily Rates. The daily rate for housing prisoners shall be adjusted by the County based on the projected costs for the next contract year The adjusted daily rate anticipated for the next year shall be provided to the Contract Agency for review and comment no later than July of each year The Contract Agency's written response will be considered and the final daily rate will be provided to the Contract Agency by August 25 2) Flat Rate Number of Beds. The number of beds used to determine the flat rate for the following year will be based upon the agency's initial bed use and each subsequent year's use until a three-year average is obtained Once a three-year average is reached, it will be based on the preceding three-year July through June period (h) Addendum The choice of either daily rate or flat rate, and the number of beds contracted for, shall be included as an addendum to this contract. Morton 3 I P a g e 5. MEDICAL COSTS AND TREATMENT. (a) Services Provided Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive medical, psychiatric and dental services necessary to safeguard their health while confined, in accordance with the provisions of RCW 74 48 130, as now in effect or hereinafter amended, and the policies and rules of the County jail (b) Cost Responsibility The Contract Agency shall be responsible for the cost of medication prescribed for its inmates. The Contract Agency shall also be responsible for costs associated with the delivery of medical, psychiatric, dental, and emergency medical services provided to an inmate which are not available from the health care program within the County jail These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County (c) Notice Except in situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide the County written verification of any authorization of or refusal to authorize care or treatment for such inmate(s) (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from resuming custody of an ill or injured inmate by picking such inmate up for transfer at the County jail, provided, in situations in which the County deems an inmate requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) (f) Records. The County shall keep records of all medical, psychiatric or dental services provided to inmates Upon request by the Contract Agency, and in accordance with applicable law, the Contract Agency shall receive a copy of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency Lewis County and the contract medical provider for Lewis County shall comply with all requirements under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable law 6. TRANSPORTATION OF CONTRACT PRISONERS: (a) Transportation. The Contract Agency is responsible for the transport of offenders to the County Jail for admittance and to mandated court appearances Morton Wage i I 7. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when Corrections Officers from the Lewis County Sheriffs Office take physical control of an inmate. The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contract Agency or its agent. If the County requests additional information, the parties shall mutually cooperate to obtain such information In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. Property shall be limited to the amount which can be stored in a grocery size bag The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and all property allowed to be transported with the inmate is properly packaged Only when all paperwork and property are in order will the County take physical control and assume custody and responsibility for the Contract Agency's inmate for confinement. (b) Further Transfer of Custody Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without written authorization from a court of competent jurisdiction (c) Responsibilities upon Assumption of Custody Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate, to supervise, discipline and control said inmate, and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington During such confinement, the County shall provide and furnish or arrange for necessary medical and hospital services and supplies in accordance with Section 5 of this Agreement. 8. RIGHT TO REFUSE AN INMATE. The County shall have the right to refuse the Contract Agency's inmates under the following circumstances. (a) Pending Medical Needs. The County shall have the right to refuse to accept a Contract Agency inmate who, at the time of presentation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County At the time of custody transfer it is the Contract Agency's responsibility to provide information relevant to the care and custody of the Contract Agency's inmate. Morton - -- - - -. - - - -- - - -- - -- - 5 I P a g e 9. REMOVAL FROM JAIL. The Contract Agency's inmates may be removed from the County jail for reasons outlined below (a) Request by Contract Agency Upon the County's receipt of written request for inmate return made by the Contract Agency, the inmate will be transported by the Contract Agency or the County pursuant to Section 6 above (b) Court Order Upon the County's receipt of an order issued by a court having jurisdiction over a Contract Agency's inmate, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 6 above (c) Treatment Outside of Jail The Contract Agency's inmate may be removed from the County jail for medical, psychiatric or dental treatment or care not available within the County jail (d) Catastrophe In the event of a catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), inmates held on behalf of the Contract Agency may be removed from the County Jail The County will inform the Contract Agency, at the earliest practical time, of the whereabouts of the inmate(s) and shall exercise all reasonable care for the safekeeping and custody of such inmate(s). 10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT. (a) Termination by County In the event of a notice of termination by the County in accordance with Section 20 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at no expense to the Contract Agency (b) Termination by Contract Agency In the event of a notice of termination from the Contract Agency in accordance with Section 20 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s). With respect to inmate(s) not removed in accordance with this Section 10, the Contract Agency shall pay the applicable rate set forth in Section 4 above plus an additional five dollars ($5) per inmate for every 24 hour period or part thereof said inmate(s) remains in the County jail, and the County shall retain all rights hereunder, notwithstanding such termination, until the Contract Agency's inmates are removed from the County jail Morton _ _ _ --- Wage_ 11. INMATE RIGHTS, ACCOUNTS AND PROGRAMS. (a) Early Release Credit and Discipline The Contract Agency's inmates confined ( ) v under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for inmates at the County jail With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules and defined by RCW No discipline prohibited by federal or state law will be permitted The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined (b) Inmate Accounts The County shall establish and maintain a financial account for each inmate and shall credit to such account money received from each inmate or from the Contract Agency on behalf of each inmate The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs in accordance with the policies of the Lewis County Jail Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance The County shall remit a check to the Contract Agency in the name of each inmate eligible for reimbursement in the following situations Termination or expiration of this Agreement, an inmate's return to the Contract Agency, inmate death or inmate escape. (c) Programs. The County shall provide the Contract Agency's inmates with access to educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to other similarly situated inmates at the County jail 12. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and ensure its inmates are treated appropriately The County agrees to manage, maintain and operate its facilities consistent with applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at reasonable times within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Lewis County Sheriff's Office 13. ESCAPES AND DEATHS. (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified by telephone or fax with a follow-up in writing as soon as practical The County will have the primary authority to direct the investigation and to pursue the inmate within its jurisdiction Any costs related to Morton 7IPage the investigation and pursuit within its jurisdiction will be the responsibility of the County The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County (b) Deaths. 1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified by telephone or fax with a follow-up notification in writing via US mail Lewis County Sheriff's Office and the Lewis County Coroner will investigate the circumstances The Contract Agency may, if it wishes, join in the investigation and receive copies of records and documents in connection with the investigation 2) Subject to RCW 68 50 160, any other applicable provisions of law, and to the orders of the Lewis County Coroner, the County shall follow the written instructions of the Contract Agency regarding the disposition of the body Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses This paragraph deals with relations between the parties to this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or any associated expenses. 14. POSTING OF BAIL: The County shall serve as an agent for the Contract Agency in receipt of bail bonds or money posted for or by a Contract Agency's inmate with the County at when the Contract Agency is closed for regular business. Bonds or money collected will be promptly forwarded to the Contract Agency Bail posted for Contract Agency inmates shall adhere to the County's bail guidelines. 15. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for other inmates. The County shall make copies of said records available to the Contract Agency upon its request. 16. INDEMNIFICATIONS AND INSURANCE. (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be Morton Wage limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to costs and reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above 17. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement on the basis of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 18. CONTRACT ADMINISTRATION/REQUIREMENTS OF CHAPTER 39.34 RCW. This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act and other applicable law Pursuant to the provisions of RCW 39 34 030, the Lewis County Sheriff shall be responsible for administering the confinement of inmates here under 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 Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source Morton 9IPage 19. WAIVER OF RIGHTS. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment or acceptance of payment of a billing, or continued performance after notice of a deficiency in performance constitute acquiescence thereto 20. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at the address set forth herein Termination by said notice shall become effective sixty (60) days after receipt of such notice The notice shall set forth the specific plan for accommodating the affected inmates, if any 21. WAIVER OF ARBITRATION RIGHTS. Both parties acknowledge and agree they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess The parties further agree such level of compensation and other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 22. DURATION. This Agreement will remain effective unless terminated by either party under the terms set forth in Section 20 above Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County 23. GOVERNING LAW AND VENUE. The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. The venue shall be in the Lewis County Superior Court. 24. MISCELLANEOUS. In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract 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, Morton 101 Page DATE /// dtii if DATE t9 C, $/9-0!°, LEWIS COUNTY, WASHINGTON CITY OF MORTON, WASHINGTON / ✓ , AJ' . airman By Vb 1(tivci J ♦ Sri , Member Title / .e.-c "l /'Member Approved as to Form Constituting the Board of County Commissioners of Lewis County, Washington Attest: cpuN 0. Clerk of the Board oo Approved as to F.Firm - • Content: ®g,� SINCE \i�z! ®F 8` 1845 ,,• T2.0 ech .Atige es. 1st • Ru ie R. Sna . eriff •Q•••• • Lewis Cou t. he ice—, Revie by;/ Prosecuting Attorney Morton 12 1 Page ADDENDUM TO AGREEMENT FOR USE OF LEWIS COUNTY JAIL FACILITIES Initial for approval Quarterly(Flat rate) Billing option-Contract Agency elects to be SPI billed quarterly Bed Days 7(�0 Initial for approval Monthly(Per Diem)Billing option-Contract Agency elects to be billed monthly Average Bed Day used last 3 years— 533 Total 2018 — 374 Total 2017— 676 Total 2016 — 548 - -- - Morton - - - - -- - - -- -- 13 Page AGREEMENT FOR USE OF JAIL FACILITIES IN LEWIS COUNTY THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, a political subdivision of the State of Washington (hereinafter "County"), and the CITY OF MOSSYROCK (hereinafter "Contract Agency") in Lewis County in the State of Washington RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein, WHEREAS, RCW 39 34 RCW 70 48, and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform, and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39 34 080, RCW 70 48, and other Washington law AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows. 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Lewis County Jail, 28 SW Chehalis Avenue, Chehalis, Washington 98532-1900 2. MAILING AND CONTACT ADDRESS. All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following County Lewis County Jail Attention Corrections Chief Mossyrock 1 P a g e 28 SW Chehalis Avenue Chehalis, WA 98532-1900 Facsimile (360) 740-1463 Telephone Number (360) 740-2714 Contract Agency City of Mossyrock Attention Mayor Meade PO BOX 96 Mossyrock, WA 98564 Facsimile 360-983-8910 Telephone Number 360-983-3300 3. AVAILABILITY OF JAIL FACILITIES. Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contract Agency, unless the facility is declared at or near capacity by court order, or in the sole discretion of the County, if its inmate population is at capacity or so near capacity there is a risk the reasonable operational capacity limits of the County's jail might be reached or exceeded 4. COMPENSATION FROM CONTRACT AGENCY. (a) Daily Rate In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County seventy-three dollars and twenty-two cents ($73.22) for every calendar day said inmate is in the custody of the County Any portion of the day over four (4) hours will be billed as one calendar day Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody (b) Guaranteed Flat Rate In return for the County's housing of a guaranteed number of beds, the Contract Agency shall pay the County a reduced flat rate fee of sixty-six dollars and fifty-six cents ($66 56) per bed day The initial agreed upon number of flat rate beds will be based upon the average number of beds used during the past three calendar years. Purchased beds will be cumulative month to month but will not extend past December 31st of the current billing year If the agreed upon number of beds to date is exceeded at any time during the calendar year, the guaranteed flat rate will apply for any additional beds used (c) Other Costs The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 5 (d) Billing 1) Daily Rate The County will bill the Contracting Agency on the 15th day of each month for amounts due to the County under this Agreement for services rendered in the prior calendar month Payment shall be due from the Contract Agency by the 15th day of the following month Account Mossyrock - _ _ __ _ -- .__ ------ ---- 2 I P a g e balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. 2) Flat Rate The County will bill the Contract Agency at the beginning of each quarter for the amount contracted at the flat rate Additional charges, if any, incurred by Contract Agency during a contract quarter, will be separately noted and included in the following quarter's bill Additional fourth quarter charges will be billed separately by January 15th of the following year Payment shall be due from the Contract Agency by the 30th day following the date of invoice Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum). Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments (e) Booking Fee The Contract Agency will reimburse the County $30 for each booking conducted by the County where the inmate's stay does not exceed 4 hours At the Contract Agency's discretion, an available flat rate bed day can be used in lieu of the booking fee (f) Concurrent Sentences. When a contract agency requests the Lewis County Jail to track, monitor, calculate time served for sentences imposed by a court other than Lewis County District or Superior Courts, or to place a hold on or to notify a municipal court of an inmate's incarceration in the Lewis County Jail, the Contract Agency will pay 1/2 of the daily rate for offender serving time concurrently If the contract agency is contracted for the flat rate, this provision shall not apply (g) Annual Review. 1) Daily Rates. The daily rate for housing prisoners shall be adjusted by the County based on the projected costs for the next contract year The adjusted daily rate anticipated for the next year shall be provided to the Contract Agency for review and comment no later than July of each year The Contract Agency's written response will be considered and the final daily rate will be provided to the Contract Agency by August 25 2) Flat Rate Number of Beds. The number of beds used to determine the flat rate for the following year will be based upon the agency's initial bed use and each subsequent year's use until a three-year average is obtained Once a three-year average is reached, it will be based on the preceding three-year July through June period (h) Addendum The choice of either daily rate or flat rate, and the number of beds contracted for, shall be included as an addendum to this contract. Mossyrock 3 I P a g e 5. MEDICAL COSTS AND TREATMENT. (a) Services Provided Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive medical, psychiatric and dental services necessary to safeguard their health while confined, in accordance with the provisions of RCW 74 48 130, as now in effect or hereinafter amended, and the policies and rules of the County jail (b) Cost Responsibility The Contract Agency shall be responsible for the cost of medication prescribed for its inmates The Contract Agency shall also be responsible for costs associated with the delivery of medical, psychiatric, dental, and emergency medical services provided to an inmate which are not available from the health care program within the County jail These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County (c) Notice Except in situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide the County written verification of any authorization of or refusal to authorize care or treatment for such inmate(s) (e) Return for Medical Services Nothing herein shall preclude the Contract Agency from resuming custody of an ill or injured inmate by picking such inmate up for transfer at the County jail, provided, in situations in which the County deems an inmate requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) (f) Records The County shall keep records of all medical, psychiatric or dental services provided to inmates. Upon request by the Contract Agency, and in accordance with applicable law, the Contract Agency shall receive a copy of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency Lewis County and the contract medical provider for Lewis County shall comply with all requirements under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable law 6. TRANSPORTATION OF CONTRACT PRISONERS. (a) Transportation. The Contract Agency is responsible for the transport of offenders to the County Jail for admittance and to mandated court appearances. Mossyrock - -- -- --- --- --- _-_ - - - 4 1 P a g e 7. TRANSFER OF CUSTODY. (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when Corrections Officers from the Lewis County Sheriffs Office take physical control of an inmate The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contract Agency or its agent. If the County requests additional information, the parties shall mutually cooperate to obtain such information In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. Property shall be limited to the amount which can be stored in a grocery size bag The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and all property allowed to be transported with the inmate is properly packaged Only when all paperwork and property are in order will the County take physical control and assume custody and responsibility for the Contract Agency's inmate for confinement. (b) Further Transfer of Custody Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without written authorization from a court of competent jurisdiction (c) Responsibilities upon Assumption of Custody Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate, to supervise, discipline and control said inmate, and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington During such confinement, the County shall provide and furnish or arrange for necessary medical and hospital services and supplies in accordance with Section 5 of this Agreement. 8. RIGHT TO REFUSE AN INMATE. The County shall have the right to refuse the Contract Agency's inmates under the following circumstances. (a) Pending Medical Needs. The County shall have the right to refuse to accept a Contract Agency inmate who, at the time of presentation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County At the time of custody transfer it is the Contract Agency's responsibility to provide information relevant to the care and custody of the Contract Agency's inmate. Mossyrock 5 I P a g e 9. REMOVAL FROM JAIL. The Contract Agency's inmates may be removed from the County jail for reasons outlined below (a) Request by Contract Agency Upon the County's receipt of written request for inmate return made by the Contract Agency, the inmate will be transported by the Contract Agency or the County pursuant to Section 6 above (b) Court Order Upon the County's receipt of an order issued by a court having jurisdiction over a Contract Agency's inmate, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 6 above (c) Treatment Outside of Jail The Contract Agency's inmate may be removed from the County jail for medical, psychiatric or dental treatment or care not available within the County jail (d) Catastrophe. In the event of a catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), inmates held on behalf of the Contract Agency may be removed from the County Jail The County will inform the Contract Agency, at the earliest practical time, of the whereabouts of the inmate(s) and shall exercise all reasonable care for the safekeeping and custody of such inmate(s) 10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT. (a) Termination by County In the event of a notice of termination by the County in accordance with Section 20 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at no expense to the Contract Agency (b) Termination by Contract Agency In the event of a notice of termination from the Contract Agency in accordance with Section 20 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s) With respect to inmate(s) not removed in accordance with this Section 10, the Contract Agency shall pay the applicable rate set forth in Section 4 above plus an additional five dollars ($5) per inmate for every 24 hour period or part thereof said inmate(s) remains in the County jail, and the County shall retain all rights hereunder, notwithstanding such termination, until the Contract Agency's inmates are removed from the County jail Mossyrock Wage 11. INMATE RIGHTS, ACCOUNTS AND PROGRAMS. (a) Early Release Credit and Discipline The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for inmates at the County jail With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules and defined by RCW No discipline prohibited by federal or state law will be permitted The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined (b) Inmate Accounts The County shall establish and maintain a financial account for each inmate and shall credit to such account money received from each inmate or from the Contract Agency on behalf of each inmate. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs in accordance with the policies of the Lewis County Jail Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The County shall remit a check to the Contract Agency in the name of each inmate eligible for reimbursement in the following situations Termination or expiration of this Agreement, an inmate's return to the Contract Agency, inmate death or inmate escape (c) Programs. The County shall provide the Contract Agency's inmates with access to educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to other similarly situated inmates at the County jail 12. ACCESS TO FACILITY AND PRISONERS. (a) Access to Facility Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and ensure its inmates are treated appropriately The County agrees to manage, maintain and operate its facilities consistent with applicable federal, state and local laws (b) Access to Inmates Contract Agency personnel shall have the right to interview inmates from the Contract Agency at reasonable times within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Lewis County Sheriffs Office 13. ESCAPES AND DEATHS. (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified by telephone or fax with a follow-up in writing as soon as practical The County will have the primary authority to direct the Mossyrock --^^ 7 I P a g e investigation and to pursue the inmate within its jurisdiction Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County (b) Deaths. 1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified by telephone or fax with a follow-up notification in writing via US mail Lewis County Sheriff's Office and the Lewis County Coroner will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of records and documents in connection with the investigation 2) Subject to RCW 68 50 160, any other applicable provisions of law, and to the orders of the Lewis County Coroner, the County shall follow the written instructions of the Contract Agency regarding the disposition of the body Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses This paragraph deals with relations between the parties to this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or any associated expenses. 14. POSTING OF BAIL: The County shall serve as an agent for the Contract Agency in receipt of bail bonds or money posted for or by a Contract Agency's inmate with the County at when the Contract Agency is closed for regular business Bonds or money collected will be promptly forwarded to the Contract Agency Bail posted for Contract Agency inmates shall adhere to the County's bail guidelines. 15. RECORD KEEPING. The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for other inmates The County shall make copies of said records available to the Contract Agency upon its request. 16. INDEMNIFICATIONS AND INSURANCE. (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, Mossyrock Wage agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to costs and reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above 17. NON-DISCRIMINATION POLICY. The County and the Contract Agency agree not to discriminate in the performance of this Agreement on the basis of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 18. CONTRACT ADMINISTRATION/REQUIREMENTS OF CHAPTER 39.34 RCW. This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act and other applicable law Pursuant to the provisions of RCW 39 34 030, the Lewis County Sheriff shall be responsible for administering the confinement of inmates here under 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 Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source Mossyrock Wage 19. WAIVER OF RIGHTS. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment or acceptance of payment of a billing, or continued performance after notice of a deficiency in performance constitute acquiescence thereto 20. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at the address set forth herein Termination by said notice shall become effective sixty (60) days after receipt of such notice The notice shall set forth the specific plan for accommodating the affected inmates, if any 21. WAIVER OF ARBITRATION RIGHTS_ Both parties acknowledge and agree they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess The parties further agree such level of compensation and other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 22. DURATION: This Agreement will remain effective unless terminated by either party under the terms set forth in Section 20 above Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County 23. GOVERNING LAW AND VENUE. The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. The venue shall be in the Lewis County Superior Court. 24. MISCELLANEOUS: -- ----Mossyrock - -- - -- - --- - -- --- - 10 Page In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract 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 Contract Agency under any applicable law, rule, or regulation [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] - - - — - - -- - - -- —Mossyrock -- --- 11 I Page 4 DATE /4/ c 6/9 DATE 9/s/rn LEWIS COUNTY, WASHINGTON CITY OF MOSSYROCK, WASHINGTON -(4C an B • }4 Q1 , Member Title ,Th' �./ '!��✓�., , Member Approved as to Form Constituting the Board of County Commissioners of Lewis County, Washington Attest: 4-e--# Clerk of the Board Approved as to Form - •*Content: R+be r R. Sn-r a - he iff Lewis Cou , - 's Office Reviewe by. Prosecuting Attorney Mossyrock 12 Page ADDENDUM TO AGREEMENT FOR USE OF LEWIS COUNTY JAIL FACILITIES Initial for approval CQuarterly(Flat rate) Billing option—Contract Agency elects to be • billed quarterly Bed Days Initial for approval Monthly(Per Diem)Billing option—Contract Agency elects to be billed monthly Average Bed Day used last 3 years— 81 Total 2018 - 77 Total 2017— 77 Total 2016 —89 Mossyrock 13 Page c , AGREEMENT FOR USE OF JAIL FACILITIES IN LEWIS COUNTY THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, a political subdivision of the State of Washington (hereinafter "County"), and the CITY OF NAPAVINE (hereinafter "Contract Agency") in Lewis County in the State of Washington RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein, WHEREAS, RCW 39 34 RCW 70 48, and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform, and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39 34 080, RCW 70 48, and other Washington law AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Lewis County Jail, 28 SW Chehalis Avenue, Chehalis, Washington 98532-1900 2. MAILING AND CONTACT ADDRESS. All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following County Lewis County Jail Attention Corrections Chief Napavine Wage 28 SW Chehalis Avenue Chehalis, WA 98532-1900 Facsimile (360) 740-1463 Telephone Number. (360) 740-2714 Contract Agency. City of NAPAVINE Attention Mayor John Sayers PO BOX 810 Napavine, WA 98565 Facsimile 360-262-9885 Telephone Number 360-262-9231 3. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contract Agency, unless the facility is declared at or near capacity by court order, or in the sole discretion of the County, if its inmate population is at capacity or so near capacity there is a risk the reasonable operational capacity limits of the County's jail might be reached or exceeded 4. COMPENSATION FROM CONTRACT AGENCY. (a) Daily Rate In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County seventy-three dollars and twenty-two cents ($73.22) for every calendar day said inmate is in the custody of the County Any portion of the day over four (4) hours will be billed as one calendar day Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody (b) Guaranteed Flat Rate In return for the County's housing of a guaranteed number of beds, the Contract Agency shall pay the County a reduced flat rate fee of sixty-six dollars and fifty-six cents ($66 56) per bed day The initial agreed upon number of flat rate beds will be based upon the average number of beds used during the past three calendar years. Purchased beds will be cumulative month to month but will not extend past December 31st of the current billing year If the agreed upon number of beds to date is exceeded at any time during the calendar year, the guaranteed flat rate will apply for any additional beds used (c) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 5 (d) Billing 1) Daily Rate The County will bill the Contracting Agency on the 15th day of each month for amounts due to the County under this Agreement for services rendered in the prior calendar month Payment shall be due from the Contract Agency by the 15th day of the following month Account Napavine 2 I P a g e balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum). Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. 2) Flat Rate The County will bill the Contract Agency at the beginning of each quarter for the amount contracted at the flat rate. Additional charges, if any, incurred by Contract Agency during a contract quarter, will be separately noted and included in the following quarter's bill Additional fourth quarter charges will be billed separately by January 15th of the following year Payment shall be due from the Contract Agency by the 30th day following the date of invoice Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. (e) Booking Fee The Contract Agency will reimburse the County $30 for each booking conducted by the County where the inmate's stay does not exceed 4 hours. At the Contract Agency's discretion, an available flat rate bed day can be used in lieu of the booking fee (f) Concurrent Sentences. When a contract agency requests the Lewis County Jail to track, monitor, calculate time served for sentences imposed by a court other than Lewis County District or Superior Courts, or to place a hold on or to notify a municipal court of an inmate's incarceration in the Lewis County Jail, the Contract Agency will pay 1/2 of the daily rate for offender serving time concurrently If the contract agency is contracted for the flat rate, this provision shall not apply (g) Annual Review. 1) Daily Rates. The daily rate for housing prisoners shall be adjusted by the County based on the projected costs for the next contract year The adjusted daily rate anticipated for the next year shall be provided to the Contract Agency for review and comment no later than July of each year The Contract Agency's written response will be considered and the final daily rate will be provided to the Contract Agency by August 25 2) Flat Rate Number of Beds The number of beds used to determine the flat rate for the following year will be based upon the agency's initial bed use and each subsequent year's use until a three-year average is obtained Once a three-year average is reached, it will be based on the preceding three-year July through June period (h) Addendum The choice of either daily rate or flat rate, and the number of beds contracted for, shall be included as an addendum to this contract. Napavine 3 Page 5. MEDICAL COSTS AND TREATMENT. (a) Services Provided Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive medical, psychiatric and dental services necessary to safeguard their health while confined, in accordance with the provisions of RCW 74 48 130, as now in effect or hereinafter amended, and the policies and rules of the County jail (b) Cost Responsibility The Contract Agency shall be responsible for the cost of medication prescribed for its inmates. The Contract Agency shall also be responsible for costs associated with the delivery of medical, psychiatric, dental, and emergency medical services provided to an inmate which are not available from the health care program within the County jail These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County (c) Notice Except in situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide the County written verification of any authorization of or refusal to authorize care or treatment for such inmate(s) (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from resuming custody of an ill or injured inmate by picking such inmate up for transfer at the County jail, provided, in situations in which the County deems an inmate requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) (f) Records. The County shall keep records of all medical, psychiatric or dental services provided to inmates. Upon request by the Contract Agency, and in accordance with applicable law, the Contract Agency shall receive a copy of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency Lewis County and the contract medical provider for Lewis County shall comply with all requirements under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable law 6. TRANSPORTATION OF CONTRACT PRISONERS: (a) Transportation. The Contract Agency is responsible for the transport of offenders to the County Jail for admittance and to mandated court appearances Napavine Wage 7. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when Corrections Officers from the Lewis County Sheriffs Office take physical control of an inmate The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contract Agency or its agent. If the County requests additional information, the parties shall mutually cooperate to obtain such information In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. Property shall be limited to the amount which can be stored in a grocery size bag The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and all property allowed to be transported with the inmate is properly packaged Only when all paperwork and property are in order will the County take physical control and assume custody and responsibility for the Contract Agency's inmate for confinement. (b) Further Transfer of Custody Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without written authorization from a court of competent jurisdiction (c) Responsibilities upon Assumption of Custody Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate, to supervise, discipline and control said inmate, and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington During such confinement, the County shall provide and furnish or arrange for necessary medical and hospital services and supplies in accordance with Section 5 of this Agreement. 8. RIGHT TO REFUSE AN INMATE. The County shall have the right to refuse the Contract Agency's inmates under the following circumstances. (a) Pending Medical Needs. The County shall have the right to refuse to accept a Contract Agency inmate who, at the time of presentation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County At the time of custody transfer it is the Contract Agency's responsibility to provide information relevant to the care and custody of the Contract Agency's inmate Napavine 5 I P a g e 9. REMOVAL FROM JAIL. The Contract Agency's inmates may be removed from the County jail for reasons outlined below (a) Request by Contract Agency Upon the County's receipt of written request for inmate return made by the Contract Agency, the inmate will be transported by the Contract Agency or the County pursuant to Section 6 above g Y Yp (b) Court Order Upon the County's receipt of an order issued by a court having jurisdiction over a Contract Agency's inmate, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 6 above (c) Treatment Outside of Jail The Contract Agency's inmate may be removed from the County jail for medical, psychiatric or dental treatment or care not available within the County jail (d) Catastrophe In the event of a catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), inmates held on behalf of the Contract Agency may be removed from the County Jail The County will inform the Contract Agency, at the earliest practical time, of the whereabouts of the inmate(s) and shall exercise all reasonable care for the safekeeping and custody of such inmate(s) 10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination by County In the event of a notice of termination by the County in accordance with Section 20 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at no expense to the Contract Agency (b) Termination by Contract Agency In the event of a notice of termination from the Contract Agency in accordance with Section 20 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s) With respect to inmate(s) not removed in accordance with this Section 10, the Contract Agency shall pay the applicable rate set forth in Section 4 above plus an additional five dollars ($5) per inmate for every 24 hour period or part thereof said inmate(s) remains in the County jail, and the County shall retain all rights hereunder, notwithstanding such termination, until the Contract Agency's inmates are removed from the County jail Napavine Wage 11. INMATE RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for inmates at the County jail With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules and defined by RCW No discipline prohibited by federal or state law will be permitted The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined (b) Inmate Accounts. The County shall establish and maintain a financial account for each inmate and shall credit to such account money received from each inmate or from the Contract Agency on behalf of each inmate The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs in accordance with the policies of the Lewis County Jail Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The County shall remit a check to the Contract Agency in the name of each inmate eligible for reimbursement in the following situations Termination or expiration of this Agreement, an inmate's return to the Contract Agency, inmate death or inmate escape (c) Programs The County shall provide the Contract Agency's inmates with access to educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to other similarly situated inmates at the County jail 12. ACCESS TO FACILITY AND PRISONERS. (a) Access to Facility Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and ensure its inmates are treated appropriately The County agrees to manage, maintain and operate its facilities consistent with applicable federal, state and local laws (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at reasonable times within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Lewis County Sheriffs Office 13. ESCAPES AND DEATHS. (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified by telephone or fax with a follow-up in writing as soon as practical The County will have the primary authority to direct the Napavine 7 I P a g e investigation and to pu rsue the inmate within its jurisdiction Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County (b) Deaths. 1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified by telephone or fax with a follow-up notification in writing via US mail Lewis County Sheriffs Office and the Lewis County Coroner will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of records and documents in connection with the investigation 2) Subject to RCW 68 50 160, any other applicable provisions of law, and to the orders of the Lewis County Coroner, the County shall follow the written instructions of the Contract Agency regarding the disposition of the body Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses This paragraph deals with relations between the parties to this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or any associated expenses. 14. POSTING OF BAIL: The County shall serve as an agent for the Contract Agency in receipt of bail bonds or money posted for or by a Contract Agency's inmate with the County at when the Contract Agency is closed for regular business. Bonds or money collected will be promptly forwarded to the Contract Agency Bail posted for Contract Agency inmates shall adhere to the County's bail guidelines. 15. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for other inmates. The County shall make copies of said records available to the Contract Agency upon.its request. 16. INDEMNIFICATIONS AND INSURANCE: (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, Napavine 8 I P a g e agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to costs and reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above 17. NON-DISCRIMINATION POLICY. The County and the Contract Agency agree not to discriminate in the performance of this Agreement on the basis of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 18. CONTRACT ADMINISTRATION/REQUIREMENTS OF CHAPTER 39.34 RCW: This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act and other applicable law Pursuant to the provisions of RCW 39 34 030, the Lewis County Sheriff shall be responsible for administering the confinement of inmates here under 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 Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source Napavine 9 I P a g e 19. WAIVER OF RIGHTS. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment or acceptance of payment of a billing, or continued performance after notice of a deficiency in performance constitute acquiescence thereto 20. TERMINATION. This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at the address set forth herein Termination by said notice shall become effective sixty (60) days after receipt of such notice The notice shall set forth the specific plan for accommodating the affected inmates, if any 21. WAIVER OF ARBITRATION RIGHTS. Both parties acknowledge and agree they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess. The parties further agree such level of compensation and other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties 22. DURATION: This Agreement will remain effective unless terminated by either party under the terms set forth in Section 20 above Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County 23. GOVERNING LAW AND VENUE. The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. The venue shall be in the Lewis County Superior Court. 24. MISCELLANEOUS. Napavine 10 Page In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract 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 Contract Agency under any applicable law, rule, or regulation [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Napavine 1 1 l Page DATE )e-c /‘, o1c/7 DATE. e .COUNTY, WAS GTON CITY OF NAPAVINE, WASHINGTON 4, •' LT-Chairman By J° 1^". •zre,rr All If n / ' , Member Title Mayen' c ; i/ �� ./Member Approved as to Form r pp Constituting the Board of County -- tee►^- Scui,,,,— Commissioners of Lewis County, Washington Attest: 0 COUNrr S o Clerk of the Board ©' o �..9se® Approved as : or Y d Content: ®+ SINCE '\ 12' 1845 If z: AlirIbmil,/ (D,U4 COMOS5'•W Rob-rt R. S . , . eriff ®�G O slst®e Lewis Co y eriff' . ffice-,j ®°®©° Revief v• by: / c Prosecuting Attorney Napavine 12 Page . . ADDENDUM TO AGREEMENT FOR USE OF LEWIS COUNTY JAIL L FACILITIES Initial for approval Quarterly(Flat rate)Billing option—Contract Agency elects to be billed quarterly Bed Days )00 Initial for approval Monthly(Per Diem)Billing option—Contract Agency elects to be billed monthly Average Bed Day used last 3 years —82 Total 2018 — 67 Total 2017— 96 Total 2016 —84 Napavine 13 Page AGREEMENT FOR USE OF JAIL FACILITIES IN LEWIS COUNTY THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, a political subdivision of the State of Washington (hereinafter "County"), and the CITY OF PE ELL (hereinafter"Contract Agency") in Lewis County in the State of Washington RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein, WHEREAS, RCW 39 34 RCW 70 48, and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform, and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39 34 080, RCW 70 48, and other Washington law AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows. 1. PURPOSE. It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Lewis County Jail, 28 SW Chehalis Avenue, Chehalis, Washington 98532-1900 2. MAILING AND CONTACT ADDRESS. All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following County Lewis County Jail Attention Corrections Chief Pe Ell 1 Page 28 SW Chehalis Avenue Chehalis, WA 98532-1900 Facsimile (360) 740-1463 Telephone Number (360) 740-2714 Contract Agency. City of PeEll Attention Mayor Lonnie Willey PO BOX 215 PeEII, WA 98572 Facsimile 360-291-3919 Telephone Number 360-291-3543 3. AVAILABILITY OF JAIL FACILITIES. Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contract Agency, unless the facility is declared at or near capacity by court order, or in the sole discretion of the County, if its inmate population is at capacity or so near capacity there is a risk the reasonable operational capacity limits of the County's jail might be reached or exceeded 4. COMPENSATION FROM CONTRACT AGENCY. (a) Daily Rate In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County seventy-three dollars and twenty-two cents ($73.22) for every calendar day said inmate is in the custody of the County Any portion of the day over four (4) hours will be billed as one calendar day Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody (b) Guaranteed Flat Rate In return for the County's housing of a guaranteed number of beds, the Contract Agency shall pay the County a reduced flat rate fee of sixty-six dollars and fifty-six cents ($66 56) per bed day The initial agreed upon number of flat rate beds will be based upon the average number of beds used during the past three calendar years. Purchased beds will be cumulative month to month but will not extend past December 31st of the current billing year If the agreed upon number of beds to date is exceeded at any time during the calendar year, the guaranteed flat rate will apply for any additional beds used (c) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 5 (d) Billing 1) Daily Rate. The County will bill the Contracting Agency on the 15th day of each month for amounts due to the County under this Agreement for services rendered in the prior calendar month Payment shall be due from the Contract Agency by the 15th day of the following month Account Pe Ell - - - ----- - -� ---- —-- -- --2 I P a g e balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. 2) Flat Rate The County will bill the Contract Agency at the beginning of each quarter for the amount contracted at the flat rate. Additional charges, if any, incurred by Contract Agency during a contract quarter, will be separately noted and included in the following quarter's bill Additional fourth quarter charges will be billed separately by January 15th of the following year Payment shall be due from the Contract Agency by the 30th day following the date of invoice Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments (e) Booking Fee The Contract Agency will reimburse the County $30 for each booking conducted by the County where the inmate's stay does not exceed 4 hours. At the Contract Agency's discretion, an available flat rate bed day can be used in lieu of the booking fee. (f) Concurrent Sentences. When a contract agency requests the Lewis County Jail to track, monitor, calculate time served for sentences imposed by a court other than Lewis County District or Superior Courts, or to place a hold on or to notify a municipal court of an inmate's incarceration in the Lewis County Jail, the Contract Agency will pay 1/2 of the daily rate for offender serving time concurrently If the contract agency is contracted for the flat rate, this provision shall not apply (g) Annual Review. 1) Daily Rates The daily rate for housing prisoners shall be adjusted by the County based on the projected costs for the next contract year The adjusted daily rate anticipated for the next year shall be provided to the Contract Agency for review and comment no later than July of each year The Contract Agency's written response will be considered and the final daily rate will be provided to the Contract Agency by August 25 2) Flat Rate Number of Beds. The number of beds used to determine the flat rate for the following year will be based upon the agency's initial bed use and each subsequent year's use until a three-year average is obtained Once a three-year average is reached, it will be based on the preceding three-year July through June period (h) Addendum The choice of either daily rate or flat rate, and the number of beds contracted for, shall be included as an addendum to this contract. Pe Ell -- ---- 3 1 P a g e~ 5. MEDICAL COSTS AND TREATMENT. (a) Services Provided Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive medical, psychiatric and dental services necessary to safeguard their health while confined, in accordance with the provisions of RCW 74 48 130, as now in effect or hereinafter amended, and the policies and rules of the County jail (b) Cost Responsibility The Contract Agency shall be responsible for the cost of medication prescribed for its inmates. The Contract Agency shall also be responsible for costs associated with the delivery of medical, psychiatric, dental, and emergency medical services provided to an inmate which are not available from the health care program within the County jail These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County (c) Notice. Except in situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide the County written verification of any authorization of or refusal to authorize care or treatment for such inmate(s) (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from resuming custody of an ill or injured inmate by picking such inmate up for transfer at the County jail, provided, in situations in which the County deems an inmate requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) (f) Records. The County shall keep records of all medical, psychiatric or dental services provided to inmates. Upon request by the Contract Agency, and in accordance with applicable law, the Contract Agency shall receive a copy of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency Lewis County and the contract medical provider for Lewis County shall comply with all requirements under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable law 6. TRANSPORTATION OF CONTRACT PRISONERS: (a) Transportation. The Contract Agency is responsible for the transport of offenders to the County Jail for admittance and to mandated court appearances. Pe Ell _ _ 4 P a e g 7. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when Corrections Officers from the Lewis County Sheriffs Office take physical control of an inmate The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract A enc or its agent, including a co py or summary ry of each inmate's medical records held by the Contract Agency or its agent. If the County requests additional information, the parties shall mutually cooperate to obtain such information In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. Property shall be limited to the amount which can be stored in a grocery size bag The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and all property allowed to be transported with the inmate is properly packaged Only when all paperwork and property are in order will the County take physical control and assume custody and responsibility for the Contract Agency's inmate for confinement. (b) Further Transfer of Custody Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without written authorization from a court of competent jurisdiction (c) Responsibilities upon Assumption of Custody Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate, to supervise, discipline and control said inmate, and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington During such confinement, the County shall provide and furnish or arrange for necessary medical and hospital services and supplies in accordance with Section 5 of this Agreement. 8. RIGHT TO REFUSE AN INMATE. The County shall have the right to refuse the Contract Agency's inmates under the following circumstances. (a) Pending Medical Needs. The County shall have the right to refuse to accept a Contract Agency inmate who, at the time of presentation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County At the time of custody transfer it is the Contract Agency's responsibility to provide information relevant to the care and custody of the Contract Agency's inmate. Pe Ell -- --- — - - -- - ----- 5 I P a g e 9. REMOVAL FROM JAIL. The Contract Agency's inmates may be removed from the County jail for reasons outlined below (a) Request by Contract Agency Upon the County's receipt of written request for inmate return made by the Contract Agency, the inmate will be transported by the Contract Agency or the County pursuant to Section 6 above (b) Court Order Upon the County's receipt of an order issued by a court having jurisdiction over a Contract Agency's inmate, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 6 above (c) Treatment Outside of Jail The Contract Agency's inmate may be removed from the County jail for medical, psychiatric or dental treatment or care not available within the County jail (d) Catastrophe In the event of a catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), inmates held on behalf of the Contract Agency may be removed from the County Jail The County will inform the Contract Agency, at the earliest practical time, of the whereabouts of the inmate(s) and shall exercise all reasonable care for the safekeeping and custody of such inmate(s) 10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT. (a) Termination by County In the event of a notice of termination by the County in accordance with Section 20 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at no expense to the Contract Agency (b) Termination by Contract Aqency In the event of a notice of termination from the Contract Agency in accordance with Section 20 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s) With respect to inmate(s) not removed in accordance with this Section 10, the Contract Agency shall pay the applicable rate set forth in Section 4 above plus an additional five dollars ($5) per inmate for every 24 hour period or part thereof said inmate(s) remains in the County jail, and the County shall retain all rights hereunder, notwithstanding such termination, until the Contract Agency's inmates are removed from the County jail Pe Ell Wage 11. INMATE RIGHTS, ACCOUNTS AND PROGRAMS. (a) Early Release Credit and Discipline The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for inmates at the County jail With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules and defined by RCW No discipline prohibited by federal or state law will be permitted The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined (b) Inmate Accounts. The County shall establish and maintain a financial account for each inmate and shall credit to such account money received from each inmate or from the Contract Agency on behalf of each inmate The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs in accordance with the policies of the Lewis County Jail Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance The County shall remit a check to the Contract Agency in the name of each inmate eligible for reimbursement in the following situations Termination or expiration of this Agreement, an inmate's return to the Contract Agency, inmate death or inmate escape (c) Programs. The County shall provide the Contract Agency's inmates with access to educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to other similarly situated inmates at the County jail 12. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and ensure its inmates are treated appropriately The County agrees to manage, maintain and operate its facilities consistent with applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at reasonable times within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Lewis County Sheriffs Office 13. ESCAPES AND DEATHS. (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified by telephone or fax with a follow-up in writing as soon as practical The County will have the primary authority to direct the Pe Ell _- -- _~ � _ -- ^ _ _ 7 I P a g e investigation and to pursue the inmate within its jurisdiction Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County (b) Deaths. 1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified by telephone or fax with a follow-up notification in writing via US mail Lewis County Sheriff's Office and the Lewis County Coroner will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of records and documents in connection with the investigation 2) Subject to RCW 68 50 160, any other applicable provisions of law, and to the orders of the Lewis County Coroner, the County shall follow the written instructions of the Contract Agency regarding the disposition of the body Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses This paragraph deals with relations between the parties to this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or any associated expenses. 14. POSTING OF BAIL. The County shall serve as an agent for the Contract Agency in receipt of bail bonds or money posted for or by a Contract Agency's inmate with the County at when the Contract Agency is closed for regular business Bonds or money collected will be promptly forwarded to the Contract Agency Bail posted for Contract Agency inmates shall adhere to the County's bail guidelines. 15. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for other inmates. The County shall make copies of said records available to the Contract Agency upon its request. 16. INDEMNIFICATIONS AND INSURANCE. (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, Pe Ell - -- - ---- -- ---- ___ -- - - - W a g e agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to costs and reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the 's indemnification enc County, its officers, agents, or employees, the Contract A g y obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above 17. NON-DISCRIMINATION POLICY. The County and the Contract Agency agree not to discriminate in the performance of this Agreement on the basis of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 18. CONTRACT ADMINISTRATION/REQUIREMENTS OF CHAPTER 39.34 RCW. This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act and other applicable law Pursuant to the provisions of RCW 39 34 030, the Lewis County Sheriff shall be responsible for administering the confinement of inmates here under 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 Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. Pe Ell 9IPage 19. WAIVER OF RIGHTS. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment or acceptance of payment of a billing, or continued performance after notice of a deficiency in performance constitute acquiescence thereto 20. TERMINATION. This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at the address set forth herein Termination by said notice shall become effective sixty (60) days after receipt of such notice The notice shall set forth the specific plan for accommodating the affected inmates, if any 21. WAIVER OF ARBITRATION RIGHTS. Both parties acknowledge and agree they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess. The parties further agree such level of compensation and other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 22. DURATION. This Agreement will remain effective unless terminated by either party under the terms set forth in Section 20 above Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County 23. GOVERNING LAW AND VENUE. The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. The venue shall be in the Lewis County Superior Court. 24. MISCELLANEOUS. Pe Ell---- J - - -- - - -- 10 1 Page In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract 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 Contract Agency under any applicable law, rule, or regulation [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Pe Ell - 11 l Page DATE ec /6, A/ DATE /1e, ✓ 19 L COUNTY, WASHINGTON CITY OF PE ELL, WASHINGTON •r ' eran B Y /-; , Member Title / 2 / Y IZ ,/, Member Approved as to Form Constituting the Board of County tIlv��� Commissioners of Lewis County, Washington Attest: Cod ®° S�° o ws Clerk of the Board ow i �o o SINCE I o Approved as to F. m a• •, Content: © .8 1845 II z o°®mG7oNS15_ 0 R. •ert '. na eriff 00000 Lewis Count. - _ s O 'o Revie ed by Prosecuting Attorney Pe Ell 121 Page I ADDENDUM TO AGREEMENT FOR USE OF LEWIS COUNTY JAIL FACILITIES Initial for approval Quarterly(Flat rate) Billing option—Contract Agency elects to be billed quarterly Bed Days Initial for approval 9 Monthly(Per Diem) Billing option—Contract Agency elects to be billed monthly Average Bed Day used last 3 years —25 Total 2018 — 63 Total 2017— 5 Total 2016 — 8 Pe Ell 13 Page ! ` AGREEMENT FOR USE OF JAIL FACILITIES IN LEWIS COUNTY THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, a political subdivision of the State of Washington (hereinafter "County"), and the CITY OF TOLEDO (hereinafter "Contract Agency") in Lewis County in the State of Washington RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39 34 RCW 70 48, and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform, and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39 34 080, RCW 70 48, and other Washington law AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows 1. PURPOSE. It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Lewis County Jail, 28 SW Chehalis Avenue, Chehalis, Washington 98532-1900 2. MAILING AND CONTACT ADDRESS. All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following County Lewis County Jail Attention Corrections Chief Toledo _ __ _ _ ____ _____ ____. -- 1 ! P a g e 28 SW Chehalis Avenue Chehalis, WA 98532-1900 Facsimile (360) 740-1463 Telephone Number. (360) 740-2714 Contract Agency City of Toledo Attention Mayor Steve Dobosh PO BOX 236 Toledo, WA 98591 Facsimile Telephone Number 360-864-6041 3. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contract Agency, unless the facility is declared at or near capacity by court order, or in the sole discretion of the County, if its inmate population is at capacity or so near capacity there is a risk the reasonable operational capacity limits of the County's jail might be reached or exceeded 4. COMPENSATION FROM CONTRACT AGENCY. (a) Daily Rate In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County seventy-three dollars and twenty-two cents ($73.22) for every calendar day said inmate is in the custody of the County Any portion of the day over four (4) hours will be billed as one calendar day Such time period shall be measured from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody (b) Guaranteed Flat Rate In return for the County's housing of a guaranteed number of beds, the Contract Agency shall pay the County a reduced flat rate fee of sixty-six dollars and fifty-six cents ($66 56) per bed day The initial agreed upon number of flat rate beds will be based upon the average number of beds used during the past three calendar years Purchased beds will be cumulative month to month but will not extend past December 31st of the current billing year If the agreed upon number of beds to date is exceeded at any time during the calendar year, the guaranteed flat rate will apply for any additional beds used (c) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 5 (d) Billing 1) Daily Rate The County will bill the Contracting Agency on the 15th day of each month for amounts due to the County under this Agreement for services rendered in the prior calendar month Payment shall be due from the Contract Agency by the 15th day of the following month Account - �- - -- _ Toledo ___ . ._-- _-. _ _ _ - _�. . - 2 I P a g e balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. 2) Flat Rate The County will bill the Contract Agency at the beginning of each quarter for the amount contracted at the flat rate Additional charges, if any, incurred by Contract Agency during a contract quarter, will be separately noted and included in the following quarter's bill Additional fourth quarter charges will be billed separately by January 15th of the following year Payment shall be due from the Contract Agency by 30th following the date of invoice balances overdue 30 the 30 day folio n t e d to 0 o ce Account ba anc Y 9 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. (e) Booking Fee The Contract Agency will reimburse the County $30 for each booking conducted by the County where the inmate's stay does not exceed 4 hours. At the Contract Agency's discretion, an available flat rate bed day can be used in lieu of the booking fee (f) Concurrent Sentences. When a contract agency requests the Lewis County Jail to track, monitor, calculate time served for sentences imposed by a court other than Lewis County District or Superior Courts, or to place a hold on or to notify a municipal court of an inmate's incarceration in the Lewis County Jail, the Contract Agency will pay 1/2 of the daily rate for offender serving time concurrently If the contract agency is contracted for the flat rate, this provision shall not apply (g)Annual Review. 1) Daily Rates The daily rate for housing prisoners shall be adjusted by the County based on the projected costs for the next contract year The adjusted daily rate anticipated for the next year shall be provided to the Contract Agency for review and comment no later than July of each year The Contract Agency's written response will be considered and the final daily rate will be provided to the Contract Agency by August 25 2) Flat Rate Number of Beds. The number of beds used to determine the flat rate for the following year will be based upon the agency's initial bed use and each subsequent year's use until a three-year average is obtained Once a three-year average is reached, it will be based on the preceding three-year July through June period (h) Addendum The choice of either daily rate or flat rate, and the number of beds contracted for, shall be included as an addendum to this contract. Toledo 3 I P a g e 5. MEDICAL COSTS AND TREATMENT. (a) Services Provided Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive medical, psychiatric and dental services necessary to safeguard their health while confined, in accordance with the provisions of RCW 74 48 130, as now in effect or hereinafter amended, and the policies and rules of the County jail (b) Cost Responsibility The Contract Agency shall be responsible for the cost of medication prescribed for its inmates. The Contract Agency shall also be responsible for costs associated with the delivery of medical, psychiatric, dental, and emergency medical services provided to an inmate which are not available from the health care program within the County jail These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County (c) Notice Except in situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services (d) Pre-Confinement Consents or Refusals If a Contract Agency inmate has received or refused medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide the County written verification of any authorization of or refusal to authorize care or treatment for such inmate(s). (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from resuming custody of an ill or injured inmate by picking such inmate up for transfer at the County jail, provided, in situations in which the County deems an inmate requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) (f) Records. The County shall keep records of all medical, psychiatric or dental services provided to inmates. Upon request by the Contract Agency, and in accordance with applicable law, the Contract Agency shall receive a copy of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency Lewis County and the contract medical provider for Lewis County comply I Y with all requirements under the Health Insurance Portability p and Accountability Act (HIPAA) and other applicable law 6. TRANSPORTATION OF CONTRACT PRISONERS. (a) Transportation. The Contract Agency is responsible for the transport of offenders to the County Jail for admittance and to mandated court appearances Toledo Wage 7. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when Corrections Officers from the Lewis County Sheriffs Office take physical control of an inmate The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contract Agency or its agent. If the County requests additional information, the parties shall mutually cooperate to obtain such information In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. Property shall be limited to the amount which can be stored in a grocery size bag The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and all property allowed to be transported with the inmate is properly packaged Only when all paperwork and property are in order will the County take physical control and assume custody and responsibility for the Contract Agency's inmate for confinement. (b) Further Transfer of Custody Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without written authorization from a court of competent jurisdiction (c) Responsibilities upon Assumption of Custody Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate, to supervise, discipline and control said inmate, and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington During such confinement, the County shall provide and furnish or arrange for necessary medical and hospital services and supplies in accordance with Section 5 of this Agreement. 8. RIGHT TO REFUSE AN INMATE: The County shall have the right to refuse the Contract Agency's inmates under the following circumstances. (a) Pending Medical Needs. The County shall have the right to refuse to accept a Contract Agency inmate who, at the time of presentation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County At the time of custody transfer it is the Contract Agency's responsibility to provide information relevant to the care and custody of the Contract Agency's inmate Toledo 5 I P a g e 9. REMOVAL FROM JAIL. The Contract Agency's inmates may be removed from the County jail for reasons outlined below (a) Request by Contract Agency Upon the County's receipt of written request for inmate return made by the Contract Agency, the inmate will be transported by the Contract Agency or the County pursuant to Section 6 above (b) Court Order Upon the County's receipt of an order issued by a court having jurisdiction over a Contract Agency's inmate, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 6 above (c) Treatment Outside of Jail The Contract Agency's inmate may be removed from the County jail for medical, psychiatric or dental treatment or care not available within the County jail (d) Catastrophe In the event of a catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), inmates held on behalf of the Contract Agency may be removed from the County Jail The County will inform the Contract Agency, at the earliest practical time, of the whereabouts of the inmate(s) and shall exercise all reasonable care for the safekeeping and custody of such inmate(s) 10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT. (a) Termination by County In the event of a notice of termination by the County in accordance with Section 20 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at no expense to the Contract Agency (b) Termination by Contract Agency In the event of a notice of termination from the Contract Agency in accordance with Section 20 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s) With respect to inmate(s) not removed in accordance with this Section 10, the Contract Agency shall pay the applicable rate set forth in Section 4 above plus an additional five dollars ($5) per inmate for every 24 hour period or part thereof said inmate(s) remains in the County jail, and the County shall retain all rights hereunder, notwithstanding such termination, until the Contract Agency's inmates are removed from the County jail Toledo - - - - - -_ —__-- _ _ _. Wage 11. INMATE RIGHTS, ACCOUNTS AND PROGRAMS. (a) Early Release Credit and Discipline The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for inmates at the County jail With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules and defined by RCW No discipline prohibited by federal or state law will be permitted The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined (b) Inmate Accounts. The County shall establish and maintain a financial account for each inmate and shall credit to such account money received from each inmate or from the Contract Agency on behalf of each inmate The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs in accordance with the policies of the Lewis County Jail Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance The County shall remit a check to the Contract Agency in the name of each inmate eligible for reimbursement in the following situations. Termination or expiration of this Agreement, an inmate's return to the Contract Agency, inmate death or inmate escape (c) Programs. The County shall provide the Contract Agency's inmates with access to educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to other similarly situated inmates at the County jail 12. ACCESS TO FACILITY AND PRISONERS. (a) Access to Facility Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and ensure its inmates are treated appropriately The County agrees to manage, maintain and operate its facilities consistent with applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at reasonable times within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Lewis County Sheriffs Office 13. ESCAPES AND DEATHS. (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified by telephone or fax with a follow-up in writing as soon as practical The County will have the primary authority to direct the investigation and to pursue the inmate within its jurisdiction Any costs related to Toledo 7 I P a g e the investigation and pursuit within its jurisdiction will be the responsibility of the County The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County (b) Deaths. 1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified by telephone or fax with a follow-up notification in writing via US mail Lewis County Sheriffs Office and the Lewis County Coroner will investigate the circumstances The Contract Agency may, if it wishes, join in the investigation and receive copies of records and documents in connection with the investigation 2) Subject to RCW 68 50 160, any other applicable provisions of law, and to the orders of the Lewis County Coroner, the County shall follow the written instructions of the Contract Agency regarding the disposition of the body Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall pay all such expenses This paragraph deals with relations between the parties to this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or any associated expenses. 14. POSTING OF BAIL: The County shall serve as an agent for the Contract Agency in receipt of bail bonds or money posted for or by a Contract Agency's inmate with the County at when the Contract Agency is closed for regular business. Bonds or money collected will be promptly forwarded to the Contract Agency Bail posted for Contract Agency inmates shall adhere to the County's bail guidelines. 15. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for other inmates The County shall make copies of said records available to the Contract Agency upon its request. 16. INDEMNIFICATIONS AND INSURANCE: (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be - -_ Toledo -- . _ _ _. _ ._ _ ._- _-- .-_ _ Wage P.a ge_ limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to costs and reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above 17. NON-DISCRIMINATION POLICY. The County and the Contract Agency agree not to discriminate in the performance of this Agreement on the basis of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 18. CONTRACT ADMINISTRATION/REQUIREMENTS OF CHAPTER 39.34 RCW. This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act and other applicable law Pursuant to the provisions of RCW 39 34 030, the Lewis County Sheriff shall be responsible for administering the confinement of inmates here under 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 Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source Toledo 9 I P a g e 19. WAIVER OF RIGHTS. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment or acceptance of payment of a billing, or continued performance after notice of a deficiency in performance constitute acquiescence thereto 20. TERMINATION. This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at the address set forth herein Termination by said notice shall become effective sixty (60) days after receipt of such notice The notice shall set forth the specific plan for accommodating the affected inmates, if any 21. WAIVER OF ARBITRATION RIGHTS. Both parties acknowledge and agree they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess. The parties further agree such level of compensation and other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 22. DURATION. This Agreement will remain effective unless terminated by either party under the terms set forth in Section 20 above Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County 23. GOVERNING LAW AND VENUE. The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. The venue shall be in the Lewis County Superior Court. 24. MISCELLANEOUS. Toledo 10 Page In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract 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 Contract Agency under any applicable law, rule, or regulation [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Toledo 11 Page r - . DATE /c cl b /� DATE. /b ' °1 ' aOI9 COUNTY, WASHI ETON CITY OF TOLEDO, WASHINGTON r i i e£ I irman •B ^--e_ fidd-- By. ATo 1-- , Member Title M A\i o L' Saf/12.e52-9 /, Member Approved as to Form Constituting the Board of County Commissioners of Lewis County, Washington ©0000°m o Attest: 0W.....,-;T„o.4s 0 Clerk of the Board © ',4 � \V© w °o SINCE \►o° Approved as to •rm a , ontent: 1g 1845 i z® �i ®e�G1bNS CSC o ° R•be ' R. n.,;, ; . :4 .-� moo®o® • Lewis Cou) ' $ riff's Office Revi '<d b': V % /` OP',' ter Prosecuting Attorney Toledo 12 Page y ` I ADDENDUM TO AGREEMENT FOR USE OF LEWIS COUNTY JAIL FACILITIES Initial for approval VV\' Quarterly(Flat rate) Billing option—Contract Agency elects to be V`V����_ billed quarterly Bed Days "j(1 Initial for approval Monthly(Per Diem)Billing option—Contract Agency elects to be billed monthly Average Bed Day used last 3 years — 93 Total 2018 —24 Total 2017— 107 Total 2016 — 147 Toledo 13 Page t � AGREEMENT FOR USE OF JAIL FACILITIES IN LEWIS COUNTY THIS AGREEMENT is made and entered into by and between LEWIS COUNTY, a political subdivision of the State of Washington (hereinafter "County"), and the CITY OF WINLOCK (hereinafter"Contract Agency") in Lewis County in the State of Washington RECITALS WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for g Y Y misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping inmates received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39 34 RCW 70 48, and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform, and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39 34 080, RCW 70 48, and other Washington law AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows. 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services at the County's jail located at the Lewis County Jail, 28 SW Chehalis Avenue, Chehalis, Washington 98532-1900 2. MAILING AND CONTACT ADDRESS. All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following County. Lewis County Jail Attention Corrections Chief Winlock 1 Page 28 SW Chehalis Avenue Chehalis, WA 98532-1900 Facsimile: (360) 740-1463 Telephone Number (360) 740-2714 Contract Agency City of WINLOCK Attention Mayor Don Bradshaw PO Box 777 Winlock, WA 98596 Facsimile 360-785-4378 Telephone Number 360-785-3811 3. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain inmates set forth in Sections 8 and 9 herein, the County will accept and keep inmates at the request of the Contract Agency, unless the facility is declared at or near capacity by court order, or in the sole discretion of the County, if its inmate population is at capacity or so near capacity there is a risk the reasonable operational capacity limits of the County's jail might be reached or exceeded 4. COMPENSATION FROM CONTRACT AGENCY: (a) Daily Rate. In return for the County's housing of an inmate of the Contract Agency, the Contract Agency shall pay the County seventy-three dollars and twenty-two cents ($73.22) for every calendar day said inmate is in the custody of the County Any portion of the day over four (4) hours will be billed as one calendar day Such time period shall be measured'from the time said inmate is transferred to the custody of the County and ends when the Contract Agency resumes custody (b) Guaranteed Flat Rate In return for the County's housing of a guaranteed number of beds, the Contract Agency shall pay the County a reduced flat rate fee of sixty-six dollars and fifty-six cents ($66 56) per bed day The initial agreed upon number of flat rate beds will be based upon the average number of beds used during the past three calendar years Purchased beds will be cumulative month to month but will not extend past December 31st of the current billing year If the agreed upon number of beds to date is exceeded at any time during the calendar year, the guaranteed flat rate will apply for any additional beds used. (c) Other Costs The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 5 (d) Billing 1) Daily Rate The County will bill the Contracting Agency on the 15th day of each month for amounts due to the County under this Agreement for services rendered in the prior calendar month Payment shall be due from the Contract Agency by the 15th day of the following month Account Winlock 2IPage balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. 2) Flat Rate. The County will bill the Contract Agency at the beginning of each quarter for the amount contracted at the flat rate Additional charges, if any, incurred by Contract Agency during a contract quarter, will be separately noted and included in the following quarter's bill. Additional fourth quarter charges will be billed separately by January 15th of the following year Payment shall be due from the Contract Agency by the 30th day following the date of invoice. Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) Should collection action become necessary, the Contract Agency will pay collection costs associated with late payments. (e) Booking Fee The Contract Agency will reimburse the County $30 for each booking conducted by the County where the inmate's stay does not exceed 4 hours. At the Contract Agency's discretion, an available flat rate bed day can be used in lieu of the booking fee (f) Concurrent Sentences. When a contract agency requests the Lewis County Jail to track, monitor, calculate time served for sentences imposed by a court other than Lewis County District or Superior Courts, or to place a hold on or to notify a municipal court of an inmate's incarceration in the Lewis County Jail, the Contract Agency will pay 1/2 of the daily rate for offender serving time g Y concurrently If the contract agency is contracted for the flat rate, this provision shall not apply (g) Annual Review. 1) Daily Rates The daily rate for housing prisoners shall be adjusted by the County based on the projected costs for the next contract year The adjusted daily rate anticipated for the next year shall be provided to the Contract Agency for review and comment no later than July of each year The Contract Agency's written response will be considered and the final daily rate will be provided to the Contract Agency by August 25 2) Flat Rate Number of Beds. The number of beds used to determine the flat rate for the following year will be based upon the agency's initial bed use and each subsequent year's use until a three-year average is obtained Once a three-year average is reached, it will be based on the preceding three-year July through June period of either daily rate or flat rate, the number of (h) Addendum The choice y , beds contracted for, shall be included as an addendum to this contract. Winlock Wage 5. MEDICAL COSTS AND TREATMENT. (a) Services Provided Upon transfer of custody to the County, the County will provide or arrange for the Contract Agency's inmates to receive medical, psychiatric and dental services necessary to safeguard their health while confined, in accordance with the provisions of RCW 74 48 130, as now in effect or hereinafter amended, and the policies and rules of the County jail. (b) Cost Responsibility The Contract Agency shall be responsible for the cost of medication prescribed for its inmates. The Contract Agency shall also be responsible for costs associated with the delivery of medical, psychiatric, dental, and emergency medical services provided to an inmate which are not available from the health care program within the County jail. These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County (c) Notice. Except in situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's inmate to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or refused medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide the County written verification of any authorization of or refusal to authorize care or treatment for such inmate(s) (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from resuming custody of an ill or injured inmate by picking such inmate up for transfer at the County jail; provided, in situations in which the County deems an inmate requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) (f) Records. The County shall keep records of all medical, psychiatric or dental services provided to inmates. Upon request by the Contract Agency, and in accordance with applicable law, the Contract Agency shall receive a copy of the medical, psychiatric or dental records held by the County for an inmate of the Contract Agency Lewis County and the contract medical provider for Lewis County shall comply with all requirements under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable law 6. TRANSPORTATION OF CONTRACT PRISONERS: (a) Transportation. The Contract Agency is responsible for the transport of offenders to the County Jail for admittance and to mandated court appearances Winlock 4IPage • 7. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. The Contract Agency's inmates shall be deemed transferred to the custody of the County when Corrections Officers from the Lewis County Sheriffs Office take physical control of an inmate. The County will not take such control of an inmate until the Contract Agency has delivered copies of all inmate records pertaining to the inmate's incarceration by the Contract Agency or its agent, including a copy or summary of each inmate's medical records held by the Contract Agency or its agent. If the County requests additional information, the parties shall mutually cooperate to obtain such information In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept the Contract Agency's inmate for confinement. Property shall be limited to the amount which can be stored in a grocery size bag The Contract Agency's officers delivering an inmate to the transportation location shall be responsible for ensuring that all paperwork is in order and all property allowed to be transported with the inmate is properly packaged Only when all paperwork and property are in order will the County take physical control and assume custody and responsibility for the Contract Agency's inmate for confinement. (b) Further Transfer of Custody Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any inmate confined pursuant to this Agreement to any agency other than to the Contract Agency without written authorization from a court of competent jurisdiction (c) Responsibilities upon Assumption of Custody Upon transfer of custody to the County, it shall be the County's responsibility to confine the inmate; to supervise, discipline and control said inmate, and to administer the inmate's sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the County shall provide and furnish-or arrange for necessary medical and hospital services and supplies in accordance with Section 5 of this Agreement. 8. RIGHT TO REFUSE AN INMATE: The County shall have the right to refuse the Contract Agency's inmates under the following circumstances. (a) Pending Medical Needs. The County shall have the right to refuse to accept a Contract Agency inmate who, at the time of presentation to the County jail for confinement, appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the inmate to the satisfaction of the County At the time of custody transfer it is the Contract Agency's responsibility to provide information relevant to the care and custody of the Contract Agency's inmate Winlock 5 I P a g e 1 9. REMOVAL FROM JAIL: The Contract Agency's inmates may be removed from the County jail for reasons outlined below (a) Request by Contract Agency Upon the County's receipt of written request for inmate return made by the Contract Agency, the inmate will be transported by the Contract Agency or the County pursuant to Section 6 above (b) Court Order Upon the County's receipt of an order issued by a court having jurisdiction over a Contract Agency's inmate, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 6 above. (c) Treatment Outside of Jail. The Contract Agency's inmate may be removed from the County jail for medical, psychiatric or dental treatment or care not available within the County jail. (d) Catastrophe. In the event of a catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), inmates held on behalf of the Contract Agency may be removed from the County Jail The County will inform the Contract Agency, at the earliest practical time, of the whereabouts of the inmate(s) and shall exercise all reasonable care for the safekeeping and custody of such inmate(s) 10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination by County, In the event of a notice of termination by the County in accordance with Section 20 below, it shall be the County's obligation to transport the Contract Agency's inmates to the Contract Agency at no expense to the Contract Agency (b) Termination by Contract Agency In the event of a notice of termination from the Contract Agency in accordance with Section 20 below, it shall be the Contract Agency's obligation to transport the Contract Agency's inmates at its own expense, on or before the effective date of such termination Until such removal, the Contract Agency shall pay the compensation and costs set forth herein related to the housing of such inmate(s) With respect to inmate(s) not removed in accordance with this Section 10, the Contract Agency shall pay the applicable rate set forth in Section 4 above plus an additional five dollars ($5) per inmate for every 24 hour period or part thereof said inmate(s) remains in the County jail, and the County shall retain all rights hereunder, notwithstanding such termination, until the Contract Agency's inmates are removed from the County jail. Winlock 6 I P a g e 11. INMATE RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline The Contract Agency's inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for inmates at the County jail With respect to the Contract Agency's inmates, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, as per facility rules and defined by RCW No discipline prohibited by federal or state law will be permitted The disciplinary policies and rules of the County jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined (b) Inmate Accounts. The County shall establish and maintain a financial account for each inmate and shall credit to such account money received from each inmate or from the Contract Agency on behalf of each inmate. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the inmate for personal needs in accordance with the policies of the Lewis County Jail Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The County shall remit a check to the Contract Agency in the name of each inmate eligible for reimbursement in the following situations Termination or expiration of this Agreement, an inmate's return to the Contract Agency, inmate death or inmate escape (c) Programs. The County shall provide the Contract Agency's inmates with access to educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to other similarly situated inmates at the County jail 12. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and ensure its inmates are treated appropriately The County agrees to manage, maintain and operate its facilities consistent with applicable federal, state and local laws. (b) Access to Inmates. Contract Agency personnel shall have the right to interview inmates from the Contract Agency at reasonable times within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms with other departments, including the Lewis County Sheriffs Office. 13. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency's inmate from the County jail, the Contract Agency will be notified by telephone or fax with a follow-up in writing as soon as practical The County will have the primary authority to direct the Winlock 7IPage p investigation and to pursue the inmate within its jurisdiction. Any costs related to 9 the investigation and pursuit within its jurisdiction will be the responsibility of the County The County will not be required to pursue and return the Contract Agency's escaped inmates from outside of the County (b) Deaths. 1) In the event of a death of a Contract Agency inmate in the County jail, the Contract Agency shall be promptly notified by telephone or fax with a follow-up notification in writing via US mail. Lewis County Sheriffs Office and the Lewis County Coroner will investigate the circumstances. The Contract Agency may, if it wishes, join in the investigation and receive copies of records and documents in connection with the investigation 2) Subject to RCW 68 50 160, any other applicable provisions of law, and to the orders of the Lewis County Coroner, the County shall follow the written instructions of the Contract Agency regarding the disposition of the body Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto., and the Contract Agency shall pay all such expenses. This paragraph deals with relations between the parties to this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or any associated expenses 14. POSTING OF BAIL: The County shall serve as an agent for the Contract Agency in receipt of bail bonds or money posted for or by a Contract Agency's inmate with the County at when the Contract Agency is closed for regular business Bonds or money collected will be promptly forwarded to the Contract Agency Bail posted for Contract Agency inmates shall adhere to the County's bail guidelines 15. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's inmates consistent with the record keeping by the County for other inmates. The County shall make copies of said records available to the Contract Agency upon its request. 16. INDEMNIFICATIONS AND INSURANCE: (a) Indemnification of Contract Agency. The County shall indemnify the Contract Agency, its officers, agents and employees, from and'.against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from the County's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, Winlock Wage agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (b) Indemnification of County. The Contract Agency shall indemnify the County, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to costs and reasonable attorney's fees, arising from the Contract Agency's performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction (c) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (d) Certificate of Insurance. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. 17. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement on the basis of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 18. CONTRACT ADMINISTRATION/REQUIREMENTS OF CHAPTER 39.34 RCW: This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act and other applicable law Pursuant to the provisions of RCW 39 34 030, the Lewis County Sheriff shall be responsible for administering the confinement of inmates here under 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 Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. Winlock Wage 19. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment or acceptance of payment of a billing, or continued performance after notice of a deficiency in performance constitute acquiescence thereto 20. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at the address set forth herein Termination by said notice shall become effective sixty (60) days after receipt of such notice The notice shall set forth the specific plan for accommodating the affected inmates, if any 21. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess. The parties further agree such level of compensation and other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 22. DURATION. This Agreement will remain effective unless terminated by either party under the terms set forth in Section 20 above Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house inmates with the County 23. GOVERNING LAW AND VENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and an inmate's confinement under this Agreement. The venue shall be in the Lewis County Superior Court. 24. MISCELLANEOUS: In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability No provision of services under Winlock 10 P a g e this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Winlock 11 ( P a g e DATE. ))ec . /4, (71-6/7 DATE. Zia e 5, 4D-019 I / , /IS COUNTY, W A = INGTON I I CITY OF WINLOCK, WASHINGTON rma 4AL %éL_ Id( , Member Title. /Lye v-- eC4,4-4,9711Member Approved as to Form Constituting the Board of County .J8.J_ V. g tY Commissioners of Lewis County, Washington Attest: �-€fd--------) a®0•._ •°g cOUNTk •••Clerk of the Board 0%,-Q o��.{,•• vo� ' � •• Approved as ► ' • m - (Content: .4.3g, SINCE , o• ® ,a Ig 1845 A z. m Rs,.e, R. ' n,, a, : eriff a - - ' • Lewis Cou y"- if-f' O ce ®•• ••- r Review y j ,i7- ---------C -1frii--/,)//4 Prosecuting Attorney II Winlock 12 ( P a g e ADDENDUM TO AGREEMENT FOR USE OF LEWIS COUNTY JAIL FACILITIES Initial for approval Quarterly(Flat rate)Billing option—Contract Agency elects to be �'. billed quarterly cZe Bed Days f Initial for approval Monthly(Per Diem)Billing option—Contract Agency elects to be billed monthly Average Bed Day used last 3 years— 56 Total 2018—80 Total 2017— 176 Total 2016—212 Winlock l3 j P a g e BOCC AGENDA ITEM SUMMARY Resolution: 19-374 BOCC Meeting Date: Dec 16, 2019 Suggested Wording for Agenda Item: Agenda Type: Deliberation Acceptance of an interlocal agreement for use of jail facilities between the Lewis County Sheriff's office/County and the incorporated cities of Centralia, Chehalis, Napavine, Toledo, Mossyrock, Morton, Winlock and Pe Ell Contact: Carrie Breen Phone: 2714 Department: SHRF - Sheriff (Jail too) Description: Resolution for renewal of prisoner housing agreements between the Lewis County Sheriff's Office and the incorporated cities of Centralia, Chehalis, Napavine, Toledo, Mossyrock, Morton, Winlock and Pe Ell Approvals: Publication Requirements: Publications: User Status PA's Office Approved Additional Copies Chris Sweet, Carrie Breen, Sandy Lupo