Accept agreements for Use of Jail Facilities between LCSO/County, TCSO, and City of Olympia/Jail BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-452
ACCEPTANCE OF THE AGREEMENT FOR USE OF
JAIL FACILITIES BETWEEN THE LEWIS COUNTY
SHERIFF'S OFFICE/COUNTY AND THURSTON
COUNTY SHERIFF'S OFFICE AND CITY OF
OLYMPIA/JAIL
WHEREAS, the Board of County Commissioners (BOCC) has reviewed the
attached agreements between the Lewis County Sheriff's Office/County and
Thurston County Sheriff's Office and City of Olympia/Jail; and
WHEREAS, this agreement is dated January 1, 2022, to December 31, 2022, and
increases the normal daily rate charged for inmate beds at a rate of $77.25/
inmate per day; and
WHEREAS, it appears to be in the best public interest to authorize the execution
of said agreement.
NOW THEREFORE BE IT RESOLVED the aforesaid agreement for utilization of
jail facilities by the Thurston County Sheriff's Office and City of Olympia is hereby
approved, and the BOCC is authorized to sign the same; and
NOW THEREFORE BE IT FURTHER RESOLVED the BOCC hereby authorizes the
Sheriff, or his designee, to approve and sign future amendments to this interlocal
agreement.
DONE IN OPEN SESSION this 21st day of December, 2021.
Page 1 of 2 Res. 21-452
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Lindsey R. Pollock, DVM
By: Kevin McDowell, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: •\SCITY •
•��gDOF'•,f,•• Sean D. Swope
•�, .et- D. Swope, Vice Chair
1345
0
Rieva Lester ' �G'rtyco'" `V
• yJCTOp''S •'• F. Lee Grose
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-452
INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITIES
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 OLYMPIA a
Washington municipal corporation, (hereinafter called "Contract Agency").
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,
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; and,
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; and,
WHEREAS, Chapter 39.34 RCW, Chapter 70.48 RCW, 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 39.34.180, Chapter 70.48 RCW, 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:
Page 1 of 13
County: Lewis County Jail
Attention: Chief of Corrections
28 SW Chehalis Avenue
Chehalis, WA 98532-190
Facsimile: (360)740-1463
Telephone Number: (360)740-2714
Contract Agency: City of Olympia Jail
Attn: Lt.R.Emerson
900 Plum St. SE Olympia, WA 98501
Facsimile: (360) 753-8275
Telephone Number: (360) 753-8042
Mailing Address
Olympia City Jail
P. O. Box 1967
Olympia, WA 98507-1967
Contract Agency
Healthcare Provider: Healthcare Delivery, Incorporated
Shannon Slack, President
Phone:(360)742-6882
Fax: (360) 688-1862
Email: isvounu360na grnail.com
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, its inmate
population is at capacity or so near capacity that there is a risk that the reasonable operational
capacity limits of the County's jail might be reached or exceeded if the County does not
begin to refuse or request removal of inmates.
If available, the County shall consider the Contract Agencies inmates for alternative
incarceration programs as allowed by the Contract Agencies court order. The County retains sole
discretion of the inmate's eligibility for alternative programs. Costs for participation in
alternative incarceration programs shall be borne by the Contract agencies inmates. The Contract
agency will not be charged for a bed day for inmates on alternative programs.
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-seven dollars and twenty-five cents($77.25)for
every calendar day said inmate is in the custody of the County. Any portion of the day over four
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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.
In addition to the above referenced rate, by mutual agreement outlined in section (e) below, the
Contract Agency agrees to pay the County a daily rate of ninety-four dollars and fifteen cents
($94.15) for inmates defined by both parties as"high needs".
The County may house additional Olympia inmates on any given day so long as there are
adequate beds available in the County jail. Any portion of the day over four 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) Other Costs. The Contract Agency shall also pay such other costs to the County or third
parties as set forth herein,as well as any medical costs required by Section 5.
(c) Billing. The County will invoice the Contract Agency for inmate days quarterly.The County
agrees to provide the Contract Agency with monthly reports documenting the names of the
inmates held in the County jail, the number of inmate days for each inmate, and a tally of the
total inmate days used for the month. Upon reaching 5840 inmate days each calendar year,the
County agrees to invoice the Contract Agency for beds used at a flat rate of$77.25 per bed day
on a quarterly basis. Account balances overdue 30 days or more will be subject to a service
charge of 1%per month (12% per annum). Should collection become necessary, the Contract
Agency will pay all collection costs associated with late payments.
(d) 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 four hours. The County shall
invoice the Contract Agency quarterly.
(e) Classification. Subject to mutual agreement between the County's Jail Administrator and the
Contract Agency's Support Administrator, the County will agree to house inmates classified as
high needs. High Needs inmates are defined as inmates requiring special housing or additional
resources to ensure care and custody of the offender. If approved, the Contract Agency shall pay
the County in accordance with Section 4 of the Agreement for Use of Jail Facilities at a rate of
ninety-four dollars and fifteen cents ($94.15)per day said inmate is in the custody of the County
after the point of agreement. If not approved, the inmate will be returned on the next transport
day.Nothing in this section is intended to modify the County's right to refuse/return an inmate.
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 necessary medical, psychiatric and dental
services to safeguard their health while confined, in accordance with RCW 70.48.130 andother
applicable law,as now in effect or hereinafter amended, and the policies and rules of the
Page 3 of13
County jail. The County agrees to notify the Contract agency within three hours of any
emergency medical, dental or psychiatric services necessary for a Contract Agency inmate.
The County will not accept, utilize,dispense and account for prescription medication from the
Contract Agency for Contract Agency inmates,unless under extenuating circumstances which
have been discussed with the County Contract Medical agency. The County agrees to use the
DOC Formulary, whenever possible, when it prescribes medications to Contract Agency
inmates. The County will only charge the Contract Agency for medications dispensed to the
Contract Agency inmates.
The County and Contract Agency agree to collaboratively provide continuity of care for medical
cases involving the following issues: pregnancy, abortions, acquired immune deficiency
syndrome(AIDS),psychiatric medications, and tuberculosis patients. The County agrees to not
prescribe sleep aid medication to Contract Agency inmates except for in extreme situations
wherein lack of sleep is causing health problems for the inmate or others.
(b) Cost Responsibility. The Contract Agency shall be responsible for the cost of all medication
prescribed for its inmates. The Contract Agency shall also be responsible for all costs associated
with the delivery of necessary medical, psychiatric and dental services provided to an inmate that
are not available from the health care program within the County jail and for all emergency
medical services, wherever provided at the County's cost. 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 at(360) 753-8247 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 to 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)notwithstanding a request from the Contract Agency to transfer custody of the
inmate back to the Contracting Agency.
(f) Records. The County shall keep records of all medical, psychiatric or dental services it
provides to an inmate. Upon resumption of custody 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
Page 4 of13
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 INMATES:
(a) Regular Transport. The County agrees to provide transportation to and from the Contracting
Agency's jail on a mutually agreed scheduled basis at least three times per week(when the week does
not include a holiday).
(b) Additional Transport with Costs. For additional transports by the County, required by court
order or made at the Contract Agency's request, the Contract Agency shall reimburse the County
for staffing and fuel costs associated with such transport; such transports shall be approved by
the Contract Agency prior to the transport.
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 back 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 all necessary medical and hospital services and supplies in accordance with
Section 5 of this Agreement.
(d) Resumption of Custody by Contracting Agency. The Contract Agency shall be deemed to
have resumed custody of an inmate transferred to the County upon either presentation of such
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inmate to the Contracting Agency, or upon the Contract Agency's officers taking physical control
of an inmate at any other location.
8. RIGHT TO REFUSE/RETURN AN INMATE:
The County shall have the right to refuse or return any of the Contract Agency's inmates under
any one of the following circumstances.
(a) Pending Medical Needs. The County shall have the right to refuse to accept any Contract
Agency inmate who, at the time of presentation for transportation 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
all available information relevant to the care and custody of the Contract Agency's inmate.
(b) Problematic Physical History or Behavior and New Medical Conditions. The County shall
have the right to refuse or return any Contract Agency's inmate that, in the sole judgment of the
County, has a history of serious medical problems, presents a risk of escape, presents a risk of
injury to other persons or property, or develops an illness or injury that may adversely affect or
interfere with operations of the County Jail.Any special transport costs,medical or otherwise,
incurred in the return of Contract Agency's inmate under this subsection will be the
responsibility of the Contract Agency.
(c) Claims/Litigation. The County shall have the right to refuse or return any Contract Agency
inmate that files a claim or lawsuit against the County in the interest of safety and security and
preserving the rights of all affected parties.
(d) Return for Release. The County shall have the right to return any Contract Agency inmate
anytime within five(5)days of the scheduled completion of the offender's sentence.
(e) Return Due to Upcoming Expiration. The County shall have the right to begin returning
Contract Agency's inmates during the thirty days preceding expiration of this Agreement so that
all inmates may be transported pursuant to the regular transports under Section 6(a)and(b)
above.
(f) Court order space requirement. The County shall return inmates when a court of competent
jurisdiction orders that space be made available.
(g) Notice of Return and Transport. The County shall provide written notice,via facsimile ore-
mail, of the anticipated return of an inmate under this Section 8 to the contact person identified
herein for the Contract Agency.
(h) Overcrowding. In the event the county has a need to go on booking restrictions due to
overcrowding, the county will not accept any contract inmates during this time frame.
Page 6 of13
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) Completion of Sentence. The Contract Agency shall provide return dates for each contract
inmate. The Contract Agency shall provide e-mail release notification to the county at least 24
hours prior. The County shall not be expected to process Contract Agency Releases. The
Contract Agencies inmate's shall only be released from the Contract Agency's facility.
(d) 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.
(e) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of
the County, an eminent danger to the safety of the inmate(s),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).
(f) Overcrowding. In the event the county has a need to go on booking restrictions,the County
may elect to return contract inmates if the need arises during restrictions.
10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF
AGREEMENT:
(a) Termination by County. In the event of a notice of termination from the County in
accordance with Section 19 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. Such transports
shall be made as if the Agreement were expiring and in accordance with the terms of Section
8(e).
(b) Termination by Contract Agency. In the event of a notice of termination from the Contract
Agency in accordance with Section 19 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 any inmate(s) not
removed in accordance with this Section 10,the Contract Agency shall pay the daily rate set forth
in Section 4(a) above plus an additional five dollars ($5)per inmate for every 24 hour period or
part thereof that said inmate(s) remains in the County jail past the expiration date;and the
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County shall retain all rights hereunder, notwithstanding such termination, until all of the
Contract Agency's inmates are removed from the County jail.
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 Contract
Agency and state law for all 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
as per facility rules. If the County finds removal of earned early release credits is appropriate, the
County will provide the Contract Agency with hearing results and request earned early release
credits be removed.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 an account for each inmate
received from the Contract Agency and shall credit to such account all money received from an
inmate or from the Contract Agency on behalf of an 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. Disbursements shall be made in limited amounts as
are reasonably necessary for personal maintenance. At termination or expiration of this
Agreement, an inmate's return to the Contract Agency, or death or escape of an inmate,the
County shall submit a check to the Contract Agency in the name of each inmate eligible for
reimbursement in order to transfer an inmate's money to an inmate account administered by the
Contract Agency.
(c) Programs. The County shall provide the Contract Agency's inmates with access to all
educational, recreational and social service programs offered at the County jail under the terms
and conditions applicable to all other inmates at the jail.
12. ACCESS TO FACILITY AND INMATES:
(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 that its inmates are treated appropriately. The County agrees to manage,
maintain and operate its facilities consistent with all 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 any reasonable time 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 ..
Page 8 of13
practical. The County will have the primary authority to direct the 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's
Support Administrator 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 all records and documents in connection with the
investigation. Lewis County will promptly comply with all state and local requirements
regarding notification and investigation.
2) The County shall, subject to the authority of the Lewis County Coroner, 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. RECORDKEEPING:
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 bythe
County for all other inmates and in accordance with all statutory requirements. The County
shall make copies of said records available to the Contract Agency upon its request.
15. INDEMNIFICATION 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 costs and 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 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,
Page 9 of13
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.
16. NON-DISCRIMINATION POLICY:
The County and the Contract Agency agree not to discriminate in the performance of this
Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed,
marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental,
sensory handicap, or any other status protected by law.
17. 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. 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.
18. 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 of a billing or continued
performance after notice of a deficiency in performance constitute acquiescence thereto.
Page 10 of13
19. TERMINATION:
This Agreement may be terminated upon 90 days written notice from either party to the other
party. Notice shall be sent to the attention of the administrative contact person specified in
Section 2 above both by first class mail and by email to their usual email address used for
communication between the parties. The notice shall indicate when and how the City of
Olympia will assume physical custody and control over any inmates housed by Lewis County, and
how it will transport them from the Lewis County Jail. In default of such indication Lewis
County shall deliver any Olympia inmates in its custody or control at a time or times of its
choosing on the effective date of the termination to the front door of the Olympia City Jail, and
the City of Olympia shall reimburse Lewis County for its expense in so transporting such inmates.
If the Agreement is properly terminated by the Contract Agency with the required notice,
Contract Agency shall not be responsible for paying for the quarters remaining in the year,
effective upon termination. For example, notice provided on July 1 to terminate as of October
1 would mean that the Contract Agency has zero beds reserved for the fourth quarter ofthe year
and is,therefore, relieved from making payment for any bed days in that quarter.
20. WAIVER OF ARBITRATION RIGHTS:
Both parties acknowledge and agree that they are familiar with the provisions of RCW
39.34.180(3), as now in effect, and that 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 that such level of
compensation and all 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.
21. DURATION:
This Agreement shall be effective on January 1,2022, and shall continue through December 31,
2022, unless terminated earlier under the terms set forth in Section 19 above. This Agreement
may be renewed for successive periods of one year by written addendum executed by all parties
hereto under such terms as the parties agree in writing.Nothing in this Agreement shall be
construed to make it necessary for the Contracting Agency to continuously house inmates with
the County.
22. 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 shallbe in the
Thurston County Superior Court.
Page 11 of13
23. 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.
24. PREA- CUSTODIAL AND SEXUAL MISCONDUCT
In the performance of services under this Agreement, County shall comply with all
federal and state laws regarding sexual misconduct, including, but not limited to,the
Prison Rape Elimination Act of 2003 (PREA); RCW 9A.44.010, Definitions as
amended, effective January 1, 2022; RCW 9A.44.160 Custodial sexual misconduct in the
first degree; RCW 9A.44.170,Custodial sexual misconduct in the second degree.
SIGNATURES ON FOLLOWING PAGE
Page 12 of13
City of Olympia,Washington: Lewis County Washington
Board of County Commissioners:
DATE: 12/08/2021 DATE: 9 77(
Steven J. Burney, City Manager Chair
Approved as to Form:
Vic Chair
—
Deputy City Attorney
Commissioner
Constituting the Board of County Commissioners of
Lewis County, Washington
.••couNry, ••
4(4
00pRD Op• Jyi•• Attest:
2.
•a. SINCE ,0.
• 1845 �,': Rieva Lester, Clerk of the Board
•••A, -- st��• Jonathan Meyer, Pros uting Attorney
Deputy Prosecuting Attorney
Page 13 ofl 3
INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITIES THURSTON COUNTY
I I
THIS AGREEMENT is made and entered Into by and between LEWIS COUNTY,a political
subdivision of the State of Washington (hereinafter"County"), and THURSTON COUNTY
(hereinafter"Contract Agency").
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 receivedfrom the
Contract Agency in the County's custody at Its jail for a rate of compensation mutually
agreed to herein;
WHEREAS, RCW 39.34.080 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 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
28 SW Chehalis Ave.
Chehalis, WA 98532-1900
Facsimile: (360) 740-1463
Telephone Number: (360) 740-2714
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Contract Agency: Thurston County Sheriff's Office
Attn: Jail Administrator
2000 Lakeridge Drive SW
Olympia, WA 98502
Facsimile: (360) 786-5275
Telephone Number: (360) 786-5500
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, its inmate population is at capacity or so near capacity that there is a risk that
the reasonable operational capacity limits of the County's jail might be reached or
exceeded if the County does not begin to refuse or request removal of inmates.
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-seven dollars and twenty-five cents($77.25)
for every calendar day said inmate is in the custody of the County. Any portion of the day
over four 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) 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.
(c) Billinq. i
1) Daily Rate: The County will bill the Contracting Agency on the 15th day of each
month for all amounts due to the County under this Agreement for the services ( i
rendered in the prior calendar month. Payment shall be clue from the Contract
Agency by the 15th day of the following month. Account balances overdue 30 days
or more will be subject to a service charge of 1% per month (12% per annum).
Should it become necessary, the Contract Agency will pay all collection costs
associated with late payments,
(d) 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.
(e) Classification. Classification. Upon mutual agreement between the County's Jail
Administrator and the Contract Agency's Jail Administrator, the County will agree to house ! I
inmates classified as high needs. High Needs inmates are defined as inmates requiring
special housing or additional resources to ensure care and custody of the offender. If
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approved, the Contract Agency shall pay the County in accordance with section 4 of the
Agreement for Use of Jail Facilities at a rate of ninety-four dollars and fifteen cents($94.15)
per day said inmate is in the custody of the County after the point of agreement. If not I f
approved,the inmate will be returned on the next transport day. Nothing in this addendum
section Is intended to modify the County's right to refuse/return an inmate,
(f)Annual Review,
The County and Contract Agency agree to meet by June 1st each year to review
operations specific to the agreement.The parties agree to meet more frequently to discuss
operational issues if necessary.
(g) 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,
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 necessary medical, psychiatric and dental services to
safeguard their health while confined, in accordance with RCW 70.48.130 and other
applicable law, as now in effect or hereinafter amended, and the policies and rules of the I i
County jail. The County agrees to notify the Contract agency within 3 hours of any
emergency medical,dental or psychiatric services necessary for a Contract Agency inmate.
The County will not accept, utilize, dispense and account for prescription medication from
the Contract Agency for Contract Agency inmates; unless under extenuating circumstances
which have been discussed with the County Contract Medical agency. The County agrees
to use the DOC Formulary,whenever possible,when it prescribes medications to Contract
Agency inmates.
The County and Contract Agency agree to collaboratively provide continuity of care for
medical cases involving the following issues: pregnancy, abortions, acquired immune
deficiency syndrome (AIDS), psychiatric medications, and tuberculosis patients. The
County agrees to not prescribe sleep aid medication to Contract Agency inmates except for
in extreme situations wherein lack of sleep is causing health problems for the inmate or
others,
(b) Cost Responsibility. The Contract Agency shall be responsible for the cost of all •
medication prescribed for its inmates.The Contract Agency shall also be responsible for all
costs associated with the delivery of medical,psychiatric and dental services provided to an
inmate that are not available from the health care program within the County jail and for all
emergency medical services,wherever provided. 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 mall 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.
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(d) Pre-Confinement Consents or Refusals. If a Contract Agency inmate has received or
refused any medical, psychiatric or dental treatment from the Contract Agency before
confinement in the County jail, the Contract Agency shall provide to the County all 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
retaking custody of an ill or injured Inmate by picking such inmate up for transfer at the
County jail; provided, in situations the County deems that an inmate requires emergency
medical care,the County shall have the right to arrange for emergency medical services(at
the Contract Agency's expense) notwithstanding a request from the Contract Agency to
retake custody of the inmate.
(f) Records. The County shall keep records of all medical, psychiatric or dental services it
provides to an inmate. Upon resumption of custody by the Contract Agency and in
accordance with WAC 289-20-250, the Contract Agency shall receive a copy or summary
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 will
comply with all requirements under the Health Insurance Portability and
Accountability Act (HIPAA)."
6. TRANSPORTATION OF CONTRACT PRISONERS:
(a) Regular Transport. The County agrees to perform, at no additional charge, Three (3)
round-trip transports per calendar week of inmates to and from the County jail and the
Thurston County Jail, Thurston County, Washington, in order to transport inmates of the
Contract Agency to and from the County jail. The County shall have sole discretion to set
the day and time of such transport,
(c)Additional Transport with Costs. For additional transports by the County, required by
court order or made at the Contract Agency's request,the Contract Agency shall reimburse
the County for staffing and fuel costs associated with such transport;such transports shall
be approved by the Contract Agency prior to the transport.
{
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 Sheriff's 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. County shall not be required to take custody of or assume control of or
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responsibility for any property of the inmate,except for such property that the County allows
inmates to keep in their cell. The Contract Agency's officers delivering an inmate to the
transportation location shall be responsible for ensuring 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 all necessary medical and hospital services and supplies r jj
in accordance with Section 5 of this Agreement. I I
(d) Resumption of Custody by Contracting Agency. The Contract Agency shall be deemed
to have resumed custody of an inmate transferred to the County upon either presentation of
such inmate to the Contracting Agency at Thurston County Jail, Thurston County,
Washington, or upon the Contract Agency's officers taking physical control of an inmate at
any other location.
8. RIGHT TO REFUSE/RETURN AN INMATE: The County shall have the right to refuse
or return any of the Contract Agency's inmates under any one of the following
circumstances.
(a) Pending Medical Needs. The County shall have the right to refuse to accept any
Contract Agency inmate who,at the time of presentation for transportation 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 all available information relevant to the care and custody of the
Contract Agency's inmate.
(b) Problematic Physical History or Behavior and New Medical Conditions. The County
shall have the right to refuse or return any Contract Agency's inmate that, in the sole
judgment of the County, has a history of serious medical problems, presents a risk of
escape, presents a risk of injury to other persons or property, or develops an illness or
injury that may adversely affect or interfere with operations of the County Jail. Any special
transport costs, medical or otherwise, incurred in the return of Contract Agency's inmate
under this subsection will be the responsibility of the Contract Agency.
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(c) Claims/Litigation. The County shall have the right to refuse or return any Contract
Agency inmate that files a claim or lawsuit against the County in the interest of safety and
security and preserving the rights of all affected parties.
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(d) Return for Release. The County shall have the right to return any Contract Agency
inmate anytime within five (5)days of the scheduled completion of the offender's sentence.
(e)Return Due to Upcomin,q Expiration. The County shall have the right to begin returning
Contract Agency's inmates during the thirty days preceding expiration of this Agreement so
that all inmates may be transported pursuant to the regular transports under Section 6 (a)
and (b) above,
(f) Court order space requirement, The County shall return inmates when a court
competent jurisdiction orders that space be made available.
(g)Notice of Return and Transport. The County shall provide written notice,via facsimile or
mail, of the anticipated return of an inmate under this Section 8 to the contact person
identified herein for the Contract Agency,
(h) Booking Restrictions. The county shall elect not to accept inmates if jail is placed on
restrictive booking status due to over population of the facility.
9. REMOVAL FROM JAIL: The Contract Agency's inmates may be removed from the ' I
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) Completion of Sentence. The Contract Agency shall provide return dates for each
contract inmate. The Contract Agency shall provide e-mail release notification to the
county at least 24 hours prior. The County shall not be expected to process Contract
Agency Releases. The Contract Agencies inmate's shall only be released from the Contract
Agency's facility.
d) 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.
(e) Catastrophe. In the event of any catastrophic condition presenting, in the sole
discretion of the County, an eminent danger to the safety of the inmate(s), 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), •
(f) Booking Restrictions. The county shall return inmates if jail is placed on restrictive
booking status due to over population of the facility.
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10. TRANSFER OF INMATES UPON TERMINATION/EXPIRATION OF AGREEMENT:
(a) Termination by County. In the event of a notice of termination from 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 Thurston County Jail, Thurston
County, Washington, at no expense to the Contract Agency. Such transports shall be
made as if the Agreement were expiring and in accordance with the terms of Section 8
above, subsection ((g),
(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 any Inmate(s) not removed In accordance with this Section '10, the Contract
Agency shall pay the base rate set forth in Section 4(a) above plus an additional Five
Dollars ($5)per inmate for every 24-hour period or part thereof that said inmate(s)remains
in the County jail; and the County shall retain all rights hereunder, notwithstanding such
termination, until all of the Contract Agency's inmates are removed from the County jail.
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 all 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.
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, The County agrees to make immediate
notification to the Contract agency and forward copies of incident reports, disciplinary i I
reports, findings and actions, including documentation of removal of earned early release
credits to the Contract Agency.
(b)Inmate Accounts. The County shall establish and maintain an account for each inmate
received from the Contract Agency and shall credit to such account all money received
from an inmate or from the Contract Agency on behalf of an 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. Disbursements shall be made in
limited amounts as are reasonably necessary for personal maintenance. At termination or
expiration of this Agreement,an inmate's return to the Contract Agency, or death or escape
of an inmate, the County shall submit a check to the Contract Agency in the name of each
inmate eligible for reimbursement in order to transfer an inmate's money to an inmate
account administered by the Contract Agency.
(c) Programs. The County shall provide the Contract Agency's inmates with access to all
educational, recreational and social service programs offered at the County jail under the
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terms and conditions applicable to all other inmates at the jail.
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12. ACCESS TO FACILITY AND PRISONERS:
f �
(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 that its inmates are treated appropriately. The
County agrees to manage, maintain and operate its facilities consistent with all 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 any reasonable time 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 phone 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 prisoner within its jurisdiction, Any costs related to the investigation and pursuit I
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 phone or fax with a follow-up
notification in writing. 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 all records and documents
in connection with the investigation.
2) The County shall, subject to the authority of the Lewis County Coroner, 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 shall not affect
the liability of any relative or other person for the disposition of the deceased or
any expenses connected therewith.
14. POSTING OF BAIL: The County shall not serve as an agent for the Contract Agency
in receipt of any ball bonds or any monies posted for or by a Contract Agency's inmate.
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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 all other inmates. The County shall
make copies of said records available to the Contract Agency upon its request.
16, INDEMNIFICATION 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 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. I i
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(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. If either party Is NOT a member of the Washington Counties
Risk Pool, 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 company or pool which is sufficient to address the l 1
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 because of race, color, national origin,
sex,sexual orientation,age, religion,creed, marital status,disabled or Vietnam era veteran
status,or the presence of any physical, mental,sensory handicap,or other status protected
by law
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. Pursuant to the provisions of RCW 39.34,030, the Lewis
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County Sheriff shall be responsible for administering the confinement of inmates
hereunder. 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.
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 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 ninety (90) days after
receipt of such notice. The notice shall set forth the reason the party wishes to terminate
the Agreement and the specific plan for accommodating the affected inmates, if any.
21. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they
are familiar with the provisions of RCW 39.34.180(3),as now in effect, and that 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
posses. The parties further agree that such level of compensation and all 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 shall be effective on January 1st, 2022 and shall
continue through December 31st, 2022, unless terminated earlier under the terms set forth
in Section 20 above. This agreement may be renewed for successive periods of one year
by written addendum executed by all parties hereto under such terms as the parties agree
in writing. 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, which may
accrue to an employee of the Contract Agency under any applicable law, rule,or regulation.
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25. PREA- CUSTODIAL AND SEXUAL MISCONDUCT
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In the performance of services under this Agreement, County shall comply with all federal
and state laws regarding sexual misconduct, Including, but not limited to,the Prison Rape
Elimination Act of 2003 (PREA); RCW 9A.44.010, Definitions; RCW 9A.44.160 Custodial
sexual misconduct in the first degree;RCW 9A.44.170, Custodial sexual misconduct In the
second degree,
I I
DATE: /2_/2.0.02,/ DATE: KQ11f lIP 2/
LEWIS COUNTY, WASHINGTON R ON U TY, WASHINGTON
, Chaim Chairman
, Member riser
em er ki\-6/ , Member
Constituting the Board of County Constituting the Board of County
Commissioners of Lewis County, Commissioners of Thurston County,
Washington . Washington
Attest: /44-1
Attest:
Clerk of the Board Clerk of Bo rd
Approved as to t and tent: Appro :d as rm ad ontent:
Ro art naza, eriff is eriffs John Snaza, Sheriff
Office Thurston County Sheriff's Office
Reviewed by:
Prosecuting Attorney Pros r�ey
•C01.314TY, wq.••
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S.,e9s('4,,):co ;a•
••H/NGTON;%• � I
BOCC AGENDA ITEM SUMMARY
Resolution: 21-452 BOCC Meeting Date: Dec. 21, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Acceptance of the Agreement for Use of Jail Facilities between the Lewis County Sheriff's Office/
County and Thurston County Sheriff's Office and City of Olympia/Jail
Contact: Carrie Breen Phone: 3607402714
Department: SHRF - Sheriff (Jail too)
Description:
Acceptance of the Agreement for Use of Jail Facilities between the Lewis County Sheriff's Office/
County and Thurston County Sheriff's Office and City of Olympia/Jail
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Chris Sweet
Carrie Breen
Sandy Lupo