ILA for use of Jail Facilities between LCSO/County and Cities of Centralia, Chehalis, Napavine, PeEll, Winlock, Toledo, Mossyrock, Morton and Tenino BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-453
ACCEPTANCE OF AN INTERLOCAL AGREEMENT
FOR USE OF JAIL FACILITIES BETWEEN THE LEWIS
COUNTY SHERIFF'S OFFICE/COUNTY AND THE
CITIES OF CENTRALIA, CHEHALIS, NAPAVINE,
PEELL, WINLOCK, TOLEDO, MOSSYROCK,
MORTON AND TENINO
WHEREAS, the Board of County Commissioners (BOCC) has reviewed the
interlocal prisoner housing agreements between the Lewis County Sheriff's Office/
County and the cities of Centralia, Chehalis, Napavine, PeEll, Winlock, Toledo,
Mossyrock, Morton and Tenino; 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 daily bed rate of
$77.25 per day; and
WHEREAS, the BOCC authorizes the Sheriff, or his designee, to approve and sign
future amendments of this agreement.
NOW THEREFORE BE IT RESOLVED the Lewis County Sheriff's Office shall have
discretion pertaining to acceptance of inmates from other agencies. In the
exercise of such discretion, priority will be given to law enforcement agencies that
are based within Lewis County; and
NOW THEREFORE BE IT FURTHER 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 21st day of December, 2021.
Page 1 of 2 Res. 21-453
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
•'c°"-"ry
ATTEST: ."gs•. Sean D. Swope
3�S • wD OF'.'`i .
NC6
5®an D. Swope, Vice Chair
C
V� V f
•a' i845 41
Rieva Lester ''`�gswc° � `°� F. Lee Grose
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-453
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
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28 SW Chehalis Avenue
Chehalis, WA 98532-1900
Facsimile: (360) 740-1463
Telephone Number: (360) 740-2714
Contract Agency: City of Centralia
Attention: Chief Stacy Denham
118 W. Maple Street
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-seven dollars and
twenty-five cents ($77.25) for every calendar day said inmate is in the custody of
the County. 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) 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
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.
(d) 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
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Contract Agency will pay 1/2 of the daily rate for offender serving time
concurrently.
(e) 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 August 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 September 30.
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 70.48.130, 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
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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.
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:
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(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.
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
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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.
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.
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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
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, appearance 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,
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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.
(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
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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 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:
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•
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]
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DATE: iz/z,/zo a) DATE: O — 25 -
LEWIS COUNTY, WASHINGTON CITY OF CENTRALIA, WASHINGTON
, Chairs By:
, Member Title: C ttk3 IA Cc Vla.1y/Y
, ember Approved as to Fo m:
Constituting the Board of County •
Commissioners of Lewis County,
Washington
Attest: 4
•• OUNTy •.
Clerk of the Board :v �4OpRA pF ?sy,•
Approved as to F and ontent: •°' SINCE o.
`,"8
.�-
imp ,z•
•N,cx 1845 41•:
Robert R. Snaz heriff It! CON,A14 Eo •
••P;oa•.•
Lewis Count eriff's
Reviewe by:
Prosecuting Attorney
Centralia 11 ' 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 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 page
28 SW Chehalis Avenue
Chehalis, WA 98532-1900
Facsimile: (360) 740-1463
Telephone Number: (360) 740-2714
Contract Agency: City of Chehalis
Attention: Chief Randy Kaut
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-seven dollars and
twenty-five cents ($77.25) for every calendar day said inmate is in the custody of
the County. 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) 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
balances overdue 30 days or more will be subject to a service charge of
VA per month (12% per annum). Should collection action become
necessary, the Contract Agency will pay collection costs associated with
late payments.
(d) 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
Chehalis 2 I P a g e
Contract Agency will pay 1/2 of the daily rate for offender serving time
concurrently.
(e) 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 August 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 September 30.
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 70.48.130, 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
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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.
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:
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(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.
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
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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.
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.
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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
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, appearance 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,
Chehalis 7 I P a g e
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.
(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
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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 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:
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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 10 j P a g e
DATE: ,z/zi/ z/ DATE:
LEWIS COUNTY, WASHINGTON CITY OF CHEHALIS, WASHINGTON
Chairman By: lA
, Member Title: QliCep Chief-
'' , ember Approved as to Form:
Constituting the Board of County
Commissioners of Lewis County,
Washington
"lac/4-1.4/' ,� ') �.•CoUNTY, lyq
Attest: �`�` :��1�0�pRD OF,syr• 4..
Clerk of the Board
SINCE
Approved as to F rm an ontent: <, 1345
*yC.oNrnN�.;O•
.
Robe `R. naz
Lewis County eriff's Office
Reviewed by:
Prosecuting Attorney
/77,__00,,,//
Chehalis 11 1 P a g e
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 1 1 1 a g c
28 SW Chehalis Avenue
Chehalis, WA 98532-1900
Facsimile: (360) 740-1463
Telephone Number: (360) 740-2714
Contract Agency: City of Napavine
Attention: Mayor Shawn O'Neill
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-seven dollars and
twenty-five cents ($77.25) for every calendar day said inmate is in the custody of
the County. 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) 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
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.
(d) 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
Napavine 2 I I) a !! c
Contract Agency will pay 1/2 of the daily rate for offender serving time
concurrently.
(e) 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 August 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 September 30.
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 70.48.130, 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
Napavine 3 [' a g c
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.
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:
Napavine 4IPage
(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.
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
Napavine 5II' agc
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.
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.
Napavine 6 I P a g e
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
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, appearance 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,
Napavine 7IPage
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.
(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
Napavine 8 I P a c
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 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.
Napavine 9IPagu
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]
Napavine 10 I I' a g c
DATE: /zJz, /2_02,1 DATE: 0 as: 0 . 1
LEWIS COUNTY, WASHINGTON CITY O' A ' AP r ASHINGTON
, Chair en By: ADI
V W
, Member Title: `i. 1/2—
, m er Approved as to Form:
Constituting the Board of County :a0642 CiAjoc,,.__—
Commissioners of Lewis County,
Washington _
t�
Attest: �..••..�.
Clerk of the Board ••`SC°) Y �••
(4.t1 0 NRD o f s s,P.v
Approved as to F r a Content: '`" ,�'•
SINCE ,z:
•w�
• a 1845 , •:
Robe R. a
Lewis Count heriff's Office \ •6y4::a
Review
l/
.,;;,-OPr'..
Prosecuting Attorney
gy i L . , /A/Ao„�,./
Napavine 11 l P a b e
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
28 SW Chehalis Avenue
Chehalis, WA 98532-1900
Facsimile: (360) 740-1463
Telephone Number: (360) 740-2714
Contract Agency: City of Pe ElI
Attention: Mayor Lonnie Willey
PO Box 215
Pe ElI, 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-seven dollars and
twenty-five cents ($77.25) for every calendar day said inmate is in the custody of
the County. 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) 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
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.
(d) 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
Pe Ell 2IPage
Contract Agency will pay 1/2 of the daily rate for offender serving time
concurrently.
(e) 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 August 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 September 30.
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 70.48.130, 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
Pe Ell 3IPage
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.
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:
Pe Ell 4jPage
(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.
9. REMOVAL FROM JAIL:
The Contract Agency's inmates may be removed from the County jail for reasons
outlined below.
(a) Request by Contract Aqency. 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
Pe Ell 5II) agc
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.
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.
Pe Ell 6jP e
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
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, appearance 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,
Pe Ell 71Page
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.
(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
Pe Ell 8IPagc
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 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 9 I I) a g e
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 10IPagc
DATE: /z71//zo DATE: f/ - 2 (
LEWIS COUNTY, WASHINGTON CITY OF PE Ell, WASHINGTON
, Chairman By: '
, Member Title: / /eQ L 12
, ember Approved as to Form:
Constituting the Board of County
Commissioners of Lewis County,
Washington
Attest: � •.•SCOUNTy �.•
Clerk of the Board •
BOARD pF,",,ry�•
Approved as to o a Content: SINCE
•Q, ,O•
z•
;N',(6 1845 F,•:
c„0,-p
Robe R. a eriff •vpicii.i.s:••
Lewis Count S en 's ice
Review d by:
Prosecuting Attorney
4 r XA,- /!010v//
Pe Ell 11IPagc
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
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 i 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 Winlock
Attention: Mayor Brandon Svenson
PO Box 777
Winlock, WA 98572
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-seven dollars and
twenty-five cents ($77.25) for every calendar day said inmate is in the custody of
the County. 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.
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
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.
(d) 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
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Contract Agency will pay 1/2 of the daily rate for offender serving time
concurrently.
(e) 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 August 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 September 30.
•
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 70.48.130, 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
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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.
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:
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(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.
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
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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.
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.
Winlock Wage
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
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, appearance 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,
Winlock 7 1 P a g e
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.
(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
Winlock Wage
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 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:
Winlock Wage
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]
Winlock 10IPage
DATE: /z)z,/ z / DATE: /OA/
LEWIS COUNTY, WASHINGTON CITY OF WINLOCK, WASHINGTON
, Chairman
, Member Title: i/A Y 7
Approved as to Form:
Constituting the Board of County
Commissioners of Lewis County,
Washington
Attest: e4,,
Clerk of the Board •�`,couNrr w.
v•`;'-.3o join op.:1 •
Approved as to For an ontent: •o%
,11
.W,
SINCE ;o;
•�"�, 1845 ;•
Robe R. naz , eriff 4;,�;. N .00.•
Lewis County h s Office ....•
Reviewe fir:
Prosecuting Attorney
Winlock 11 IPage
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 l i P a g e
Contract Agency will pay 1/2 of the daily rate for offender serving time
concurrently.
(e)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 August 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 September 30.
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 70.48.130, 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
Toledo 3 'Page
(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.
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
Toledo 5 I P a g e
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
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, appearance 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,
Toledo 7 I P a g e
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 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 9 I P a g e
DATE: , /zj/zvz/ DATE: 11 12,3 I ?V_
LEWIS COUNTY, WASHINGTON CITY OF TOLEDO, WASHINGTON
6L,7, Chairs By: 5--; L9,_-er)
Y
, Member Title: 6 d l Nor
er Approved as to Form:
Constituting the Board of County
Commissioners of Lewis County,
Washington
e••as
Attest: "X(.14-W"le-- •
Clerk of the Board ;o�`�` eoAR°o,�
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Approved as to F an Content: •:41 SINCE ;1'•
., 1845
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Lewis Cou S riffs Off'
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Toledo 11 I 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 i P a g c
28 SW Chehalis Avenue
Chehalis, WA 98532-1900
Facsimile: (360) 740-1463
Telephone Number: (360) 740-2714
Contract Agency: City of Mossyrock
Attention: Mayor Randall Sasser
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-seven dollars and
twenty-five cents ($77.25) for every calendar day said inmate is in the custody of
the County. 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.
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
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.
(d) 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
Mossyrock 2 I E' a g e
Contract Agency will pay 1/2 of the daily rate for offender serving time
concurrently.
(e) 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 August 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 September 30.
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 70.48.130, 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
Mossyrock 3 P a c
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.
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:
Mossyrock 4 I P a g e
(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.
9. REMOVAL FROM JAIL:
The Contract Agency's inmates may be removed from the County jail for reasons
outlined below.
(a) Request by Contract Aqency. 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
Mossyrock 5 I I' a g c
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.
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 Sheriff's Office.
13. ESCAPES AND DEATHS:
(a) Escapes.
Mossyrock Wage
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
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, appearance 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,
Mossyrock 7I (' agc
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.
(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
Mossyrock 8IPagc
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 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 9 I P a g c
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 10 I P age
DATE: i2./2t/soil DATE: //-add `01 7
LEWIS COUNTY, WASHINGTON CITY OF MOSSYROCK,
WASHINGTON
. owll , Chairman By: 641(efed
, Member Title: -27114O'7--
• r Approved as to Form:
Constituting the Board of County
Commissioners of Lewis County,
Washington
Attest: 'Nskq••
Clerk of the Board OW op
2 4
Approved as to r and ontent: •`•.o- SINCE n
1
.W, 1845
.N,
•954, CON( a9.•
Rob rt . Sna , iff •• 'FTON'i1••
Lewis CourpS riffs Off!
Reviewe
Prosecuting Attorney
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Mossyrock 11 1 P a g e
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 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 I P a L 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-seven dollars and
twenty-five cents ($77.25) for every calendar day said inmate is in the custody of
the County. 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) 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
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.
(d) 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
Morton 2IPage
Contract Agency will pay 1/2 of the daily rate for offender serving time
concurrently.
(e) 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 August 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 September 30.
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 70.48.130, 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
Morton 3IPage
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.
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:
Morton 4 I l' a , e
(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.
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
Morton 5 I P a g c
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.
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.
Morton 6IPage
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
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, appearance 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,
Morton 71 Pa g c
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.
(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
Morton 8 1 P a c
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 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:
Morton 9If' age
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]
Morton 10 1 P a g e
DATE: /LA,�2,s z) DATE: l I / AA,/2o. )
LEWIS COUNTY, WASHINGTON CITY OF MORTON, WASHINGTON
- 1111(
oI , Chairman : :.,e/_/ = o
, Member Title: 6,,..y,iv_ e Yc, i
, mber Approved as to Form:
Constituting the Board of County
Commissioners of Lewis County,
Washington
Attest: it-f-4466/-c" :v,-RP pF:'-,,s'.
Clerk of the Board %• ��••
"; SINCE ,SI
Approved as to Fo.• and •ntent: 'W' z�
*t . •
•
•� TC?N•C 1`•••
Alli‘Air ate. • •..•..•
Robert R. Sna , S• -riff
Lewis Count Al h-n 's Off
Review y:
Prosecuting Attorney
4 '!�'% 00,.,-/"
Morton 11IPage
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 Tenino (hereinafter "Contract Agency") a Washington municipal
corporation.
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 shall be deemed received three (3) days after being deposited
in the US Mail. All written notices, reports and correspondence required or
allowed by this Agreement shall be sent to the following:
TENINO POLICE DEPARTMENT 1 I P a g c
County: Lewis County Jail
Attention: Corrections Chief
28 SW Chehalis Avenue
Chehalis, WA 98532-1900
Facsimile: (360) 740-1463
Telephone Number: (360) 740-2714
Contract Agency: Tenino Police Department
149 Hodgden Street S. /PO BOX 4019
Tenino, WA. 98589
E-mail:
Telephone Number: (360) 264-2626
Facsimile: (360) 264-4578
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-seven dollars and
twenty-five cents ($77.25) for every calendar day said inmate is in the custody of
the County. 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) Billing. 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 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.
(d) 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 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.
TENINO POLICE DEPARTMENT 2 I P a g c
(e) Annual Review.
The daily rate for housing prisoners shall be adjusted annually 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 August of each year. The Contract Agency's written
response will be considered and the final daily rate for the following year will be
provided to the Contract Agency by September 30. Any increase shall take
effect January 1.
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 mutually agreed
by the County and Contract Agency.
(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
TENINO POLICE DEPARTMENT 3 f' a g c
medical, psychiatric or dental records held by the County for an inmate of the
Contract Agency. County and the contract medical provider for 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 and from the County Jail at any time that inmate transport is needed,
including, but not limited to, for mandatory court appearances. The County shall
have no obligation to provide transportation services. However, if transportation
is provided by the County, the County shall be reimbursed for any actual
expense incurred.
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.
TENINO POLICE DEPARTMENT Wage
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.
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
TENINO POLICE DEPARTMENT 5 I P a g e
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) and the County shall retain all
rights hereunder, notwithstanding such termination, until 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 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 Contract Agency inmates 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.
TENINO POLICE DEPARTMENT 6 I P a g c
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 e-mail 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
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 e-mail 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. 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.
TENINO POLICE DEPARTMENT 7 I P d g c
16. INDEMNIFICATIONS AND INSURANCE:
(a) To the extent of its comparative liability, each party agrees to indemnify,
defend and hold the other party, its elected and appointed officials, employees,
and agents, harmless from and against any and all claims (including, but not
limited to, claims relating to false arrest or detention, alleged mistreatment,
alleged violation of civil rights, injury), damages, losses and expenses, including
but not limited to court costs, and attorney's fees, for any personal injury, for any
bodily injury, sickness, disease or death and for any damage to or destruction of
any property which are alleged or proven to be caused by an act or omission,
negligent or otherwise, of its elected and appointed officials, employees, and/or
agents.
(b) A party shall not be required to indemnify, defend, or hold the other party
harmless if the claim, damage, loss or expense for personal injury, for any bodily
injury, sickness, disease or death or for any damage to or destruction of any
property is caused by the sole act or omission of the other party. In the event of
any concurrent act or omission of the parties, negligent or otherwise, these
indemnity provisions shall be valid and enforceable only to the extent of each
party's comparative liability.
(c) The parties agree to maintain a consolidated defense to claims made against
them and to reserve all indemnity claims against each other until after liability to
the claimant and damages, if any, are adjudicated. If any claim is resolved by
voluntary settlement, both parties must consent to the settlement. If a party does
not express consent to a voluntary settlement then the non-consenting party shall
not be bound by the settlement.
In the event a dispute should arise between the parties, before filing an action in
court, the parties agree to use a alternative dispute resolution ("ADR") process
such as mediation, through an agreed upon mediator and process. All costs for
mediation services would be divided equally between the parties. Each party
would be responsible for the costs of its own legal representation incurred in
conjunction with pre-litigation ADR.
(d) The indemnification obligations of the parties shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application
of any other workmen's compensation act, disability benefit act or other
employee benefit act. Each party hereby expressly waives any immunity afforded
by such acts if required, and to the extent required, by a party's obligations to
indemnify, defend and hold harmless the other party.
(e) Nothing contained in this section or this Agreement shall be construed to
create a right in any third party to indemnification or defense. The foregoing
indemnification obligations of the parties are a material inducement to enter into
the Agreement and have been mutually negotiated. The provisions of this
section shall survive any termination or expiration of this Agreement.
TENINO POLICE DEPARTMENT 8 I P a g e
(f) Insurance Requirement. The County and the Contract Agency shall each
maintain throughout the term of this Agreement coverage in minimum liability
limits of Five Million Dollars ($5,000,000) per occurrence and Ten Million Dollars
($10,000,000) in the aggregate for it liability exposures, including comprehensive
general liability, errors and omissions, auto liability and police professional
liability. The insurance policies shall provide coverage on an occurrence bases.
(g) Certificate of Insurance. The County and the Contract Agency shall provide
each other with evidence of insurance coverage, in the form of a certificate or
other competent evidence from a insurance provider, insurance pool, or of self-
insurance sufficient to satisfy the insurance obligations set forth in this
Agreement.
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.
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
TENINO POLICE DEPARTMENT 9 I P a -` c
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,
which may accrue to an employee of the Contract Agency under any applicable
law, rule, or regulation.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
TENINO POLICE DEPARTMENT 10 I P a y e
DATE: /Z/z/ / z/ DATE:
LEWIS COUNTY, WASHINGTON CITY OF TENINO
, Chairmen ���'�
WGayne Fournier, Mayor
, Member
, ember Approved as to form:
Richard L. Hughes, City Attorney
Constituting the Board of County
Commissioners of Lewis County, ••••••
Washington •�•k�BCRp�rit!
•
Attest: • ' ,s••
Clerk of the Board !gig SINCE A•
Approved as o F r d Content: •
Ro e R. Sn a eriff
Lewis Cou y ff's O •
Revie -by:
Prosecuting Attorney
TENINO POLICE DEPARTMENT 11 I P a g e
BOCC AGENDA ITEM SUMMARY
Resolution: 21-453 BOCC Meeting Date: Dec. 21, 2021
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 Cities of Centralia, Chehalis, Napavine, PeEll, Winlock, Toledo, Mossyrock,
Morton and Tenino
Contact: Carrie Breen Phone: 3607402714
Department: SHRF - Sheriff (Jail too)
Description:
Acceptance of an interlocal agreement for use of Jail Facilities between the Lewis County Sheriff's
Office/County and the Cities of Centralia, Chehalis, Napavine, PeEll, Winlock, Toledo, Mossyrock,
Morton and Tenino
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Chris Sweet Copies of original signed contracts to each
Carrie Breen agency
Sandy Lupo