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HomeMy WebLinkAbout5.416 Original ContractW. L. Benedict Sheriff File: S78.45.01, A72 August 22, 2011 ATTN: Craig Ritchie Attorney, City of Sequim 152 W Cedar Street Sequim WA 98382 RE: Jail Daily Bed Rate and Medical Per Diem 2012 Dear Craig and Dennis, In accordance with our current Jail Use Agreements the following calculations have resulted in the establishment of the 2012 rates. For 2012, the daily bed rate is $71.97 per day, and the medical per diem is $3.90 per day. The combined cost is $75.87 per day, which represents a $3.10 overall increase or 4.26 This change will be implemented on Jan. 01, 2012. The language in the agreements calls for recalculations annually, and provides the formula utilized. Below are the July 31, 2010 through Jun 30, 2011 Jail Costs divided by the total person days. Medical consists of all medical expenditures for the designated period, minus the Correctional Healthcare Companies contract costs, which are included in the total expenditures of the jail. This figure divided by total person days served sets the Medical Per Diem rate. Total Jail Expenditures July June 2010/11: $3,113,034.08 *CHC Contracted Services (from medical costs): 200,000.00 Total: $3,313,034.08 Chain Gang Costs: Chain Gang C /O's Chain Gang M &O Total: Adjusted Total Expenditures: Total Person Days Served: Clallam County Sheriff's Office WASPC Accredited Agency 223 East 4` Street, Suite 12 Port Angeles, WA 98362 -3015 Administration (360)417 -2262 Alice Hoffman Fax: (360)417 -2494 Chief Civil Deputy www clallam net /lawenforcement Ron Sukert Jail Superintendent sheriff @co clallam wa us ATTN: Dennis Dickson, Attorney, City of Port Angeles 321 E 5 Street Port Angeles WA 98362 138,419.32 44,244.65 182,663.97 $3,130,370.11 43,494 Ron Peregrin Undersheriff Ron Cameron Chief Criminal Deputy Bed Rate: Total Medical Costs July June 2010/11 Medical Revenue Received: *CHC Medical Services (deducted) Adjusted Medical Costs: Man days served Daily Medical Per Diem 2011 Sincerely, Bill Benedict Sheriff cc: Chief Terry Gallagner Chief Bill Dickinson County Administrator Jim Jones Commissioner Mike Chapman 71.97 443,856.36 74,382.01 200,000.00 169,474.35 43,494 3.90 . o R \ G \ N A L 0],1/0/:1 a - Grv:MtV.iJ .#g (5. {Yf -002_ AGREEMENT FOR PRISONER CONFINEMENT SERVICES 5. </ J (p This agreement is made and entered into this -ieMJ.vJ day of feb~ 2009, by and between the COUNTY OF CLALLAM, a political subdivision of the State f Washington (hereinafter "COUNTY"), and the CITY OF PORT ANGELES, a municipal corporation (hereinafter "CITY"). REPRESENTATIONS: 1. Pursuant to Chapters 39.34 and 70.48 RCW, COUNTY and CITY may enter into an Agreement, through their respective legislative bodies, whereby COUNTY shall furnish jail facilities for CITY prisoners upon such terms as may be mutually agreed upon. 2. Chapter 39.34.180 RCW specifies that cities are responsible for the prosecution, adjudication, sentencing and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and qmst carry out this responsibility through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements to provide these services. Such contracts or interlocal agreements are required to take into account the anticipated costs of services as well as the anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state authorized sales tax funding levied for criminal justice purposes. 3. The CITY and COUNTY agree that the terms and conditions set forth herein are an acceptable basis for the COUNTY providing prisoner detention services, including jail and special detention arrangements, to the CITY for persons committing misdemeanor or gross misdemeanor offenses within the City limits. AGREEMENTS: I. J'he Availability of Adult Corrections Facilities: COUNTY agrees to furnish its facilities and personnel for the confinement, processing, and related activities of CITY prisoners in the same manner and to the same extent as the COUNTY furnishes said services for confinement, processing, and related activities of its own prisoners. COUNTY jail facilities shall be made available and furnished for holding of CITY prisoners held upon arrest, awaiting trial, and serving imposed jail terms. 2. Definition of a CITY Prisoner: The term 'CITY prisoner" as used in this Agreement shall mean a person arrested by the CITY police and held and confined in the County Corrections Facility, or otherwise held in detention as provided in this agreement pursuant to a violation of a CITY ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. If a prisoner, originally arrested for a felony offense is only charged with a misdemeanor offense by the city, the city shall pay retroactively the established per diem rate. Reciprocally, a CITY prisoner that is charged with a felony at arraignment shall become the retroactive responsibility of the county. A prisoner arrested on a warrant issued by another jurisdiction within ClaIlam County or for charges initiated by a non-CITY officer, shall be the responsibility of the originating agency. Arrests made by city Police on extraditable warrants issued by agencies outside ClalIam County will be considered County Prisoners. 3. Prisoner Confinement Daily Fee: A. Commencing the date of this signed agreement, the CITY agrees to pay the COUNTY a daily fee for the housing of City prisoners in the County Corrections Facility based on the rate of $67.00. The daily confinement fee shall be charged per prisoner for each twenty-four hour period or any pOltion thereof beginning at time of acceptance for booking and ending at time of release from the County Corrections Facility. A.l Book and Release: The cost to the City to have a prisoner Booked and Released on a criminal charge shall be based on the full current daily per diem rate (excluding the medical per diem) regardless of the time it takes for the County to book, photograph and fingerprint the prisoner and accomplish any supplementary paperwork. A Book and Release is the choice of the City and can be used without regard to current jail restrictions or population counts used by the County to manage its resident jail population. B. Effective January 1st of each subsequent year, the Prisoner Confinement Daily Fee shall be recalculated utilizing the last 12 months (July 1 through June 30) Jail Operating Costs, divided by the total man days served for that period minus operating revenues related to the chain gang. The COUNTY shall provide the CITY with the adjusted Prisoner Confinement Daily Fee no later than August 1 for the following year. C. Prisoner fees shall be billed by the COUNTY each month and the CITY shall pay said fees within thirty (30) days of billing. In the event of a mistake, the next billing after the mistake is discovered will be adjusted appropriately. D. When a CITY prisoner is being held on charges originating from another local government within Clallam County, the daily fee shall be divided by the number of governmental jurisdictions for which the CITY prisoner is being held. 4. Designated Administrators and Advisory Board: A. The Clallam County Sheriff in consultation with the Office of the Port Angeles City Attorney shall administer this agreement pursuant to RCW 3934.030(4)(a). Each administrator or designee will consult with each other as required or alIDually regarding costs, fees, and charges and regarding changes in policies, practices, or procedures, which may affect the responsibilities of the other, and will try to resolve disputes between themselves or through their designated representatives. B. hI the administration of this agreement, the Sheriff in consultation with the Office of the Port Angeles City Attorney shall be advised, and shall give due consideration to the recommendations of, an advisory board that shall be known as the "Clallam County Prisoner Confinement Advisory Board". The specific duties of the advisory board shall be to provide consultation and recommendations on matters relating to policy, budgeting, planning, disputed billings and operations of the County Corrections Facility and other detention facilities/programs as provided for in this agreement. The advisory board shall consist of the following members: Clallarn County Undersheriff and Jail Superintendent, County Administrator's representative, and !'epresentatives from each contract user agency. 5. Jail Medical Costs: The County contracts with Olympic Medical Center for Nursing care in the ClaIlam County Jail. A medical doctor is provided through either the County or Olympic Medical Center. The costs of these services are included in determining the daily per diem rates charged to City for City Prisoners. Outside Medical costs are expenses incurred for any treatment or procedure outside of the jail and include prescriptions, any in-patient or out patient treatment or referral. City and County agree to allocate medical costs through pooling costs and dividing those costs in accordance with jail person-days served, by respective prisoners. Per diem rates will be established annually by calculating the past calendar year's total outside medical costs divided by total person-clays served, excluding book and release prisoners during that period. 2009 per diem medical costs are $3.00 for each full person-day served, City agrees to pay per diem medical costs for all prisoners arrested by city officers for offenses (misdemeanor, gross misdemeanor, felony) occurring in city jurisdiction. Responsibility for medical per diem will continue for all categories of prisoners through out their entire stay at the ClalIam County Jail with the exception of felony prisoners sentenced to state prison. Medical per diem rates will cease at the time of sentencing for these prisoners. Prisoners arrested and confined on warrants issued in Clallam County shall be the responsibility of the originating agency. Outside warrants will be the responsibility of ClaIlam County for medical per diem payments. The specific payment process shall be as follows: A. The COUNTY shall be responsible for payment of the medical care provider. B. As palt of the screening process upon booking or preparation of an inmate into jail, the COUNTY shall identify general information conceming the inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which the inmate is entitled. The COUNTY shall make this information available to the Department of Social and Health Services (DSHS), the CITY, and any provider of health care services. c. If the confined person is eligible under DSHS medical care programs as authorized under Chapter 74.09 RCW, the COUNTY shall provide DSHS with the health care billing information and shall request reimbursement for payment of the bill(s) in accordance with RCW 70.48.130. All medical costs recovered by the County shall be applied to per diem rates and will be considered in annual recalculation of said rates. D. The CITY shall have the right to obtain reimbursement from the confined person for the health care costs not provided by DSHS, including the right to obtain reimbursement from any insurance program or from other medical benefit programs available to the confined person. Additionally, the CITY shall have whatever civil or criminal remedies are available by law to recover the costs of medical care provided 10 the inmate or paid by the CITY. Nothing in this agreement shall limit any existing rights of any patty, including the COUNTY, CITY, and medical care provider, against the person receiving the health care for the cost of the care provided. 6. Transportation: The CITY shall be responsible for transpOltation of all its prisoners to the jail facilities for initial booking, and for transportation to all outside medical consultations, review OJ' procedures deemed necessary during the first four hours of confInement If the CITY has its own Municipal COUlt located outside the Clallam County COUlthouse then the CITY shall be responsible for transpOltation of all its prisoners from the jail facilities for all appearances in the Municipal COutt. A court appearance / transportation preparation and return fee shall be assessed fOf each Court Transport in the amount of$40.00. In the event of a "video arraignment" occurring from inside the County Jail, said court fee shalt be $20.00. 7. Copy of Arrest Warrant or Citation: CITY law enforcement officers placing misdemeanor- charged prisoners in the COUNTY jail shall, in every instance, furnish an arrest warrant or a copy of the citation to the COUNTY officer on duty at the time, and, in the event the arrest and confinement is for a state crime, the arresting officer shall furnish the Prosecuting Attorney with a repOlt so that a charging decision may be made on the first available business day. 8. Transfer of Custody: CITY law enforcement officer placing arrested persons in custody of the COUNTY jail shall be required to remain ill the immediate presence of the arrested person and shall be considered to have such person in their sole custody until the COUNTY booking officer receives the completed Authorization for Confinement form from the CITY officer and the booking officer audibly states that the prisoner is secured and at such time and only then, will COUNTY come into custody of said prisoner. When custody of a CITY prisoner is transferred to the COUNTY, the CITY prisoner shall be subject to all applicable rules, regulation and standards governing operation of the COUNTY jail, including any emergency security rules imposed by the jail administrator subject to the applicable rules of the Superior COlllt and Title 289 WAC. Any CITY police officer delivering a prisoner to the COUNTY jail shall comply with reasonable rules and regulations of the COUNTY jail. 9. Release ofCitv Prisoner from County Facility: No CITY prisoner confmed in the COUNTY facility subject to this agreement shall be released except: (a) when requested in writing by a supervisory member of the CITY Police Depaltment or the City Attorney for purposes offult release to street or other jail facility or fOl' interviews by CITY police; (b) in compliance with orders of the court; (c) for appearance in court; (d) if the prisoner has served his or her sentence, or bailor othel' recognizance has been posted as required; (e) for placement into a Community Supervision Program; (f) The City Attorney / Prosecutor may release City Prisoners prior to arraignment. 10. Record Keeping: A. COUNTY agrees to maintain a system of record keeping relative to the booking and confinement of each crTY prisoner in such style and manner as equivalent to COUNTY's records peltaining to its own prisoners. If not available through the CITY's own records, the COUNTY shall make available, upon request, to the CITY or its authorized representatives, copies of said records. B. COUNTY also agrees to maintain, and allow the CITY to inspect and audit records of all revenue and expenditures pertaining to the confinement services provided for in this agreement. I I. Posting of Bail: COUNTY agrees to act as agent for CITY in the receipt of bail posted pertaining to CITY prisoners during other than normal working hours, COUNTY agrees to diligently and timely deliver or turn over said bail bonds or monies to the appropriate Court. Any monies refused for receipt by the appropriate Court shall be returned to the posting paIiy as soon as practical. 12. CITY Access to Prisoners: All CITY police officers and investigators shall have the right to interview the prisoners at any reasonable time inside the confines of the COUNTY jail, subject only to necessary security rules. Interview space will be made available to CITY police officers in equal priority with those of any other depaltment, including the Sheriffs Department. 13. Equal Treatment of CITY Prisoners: CITY and COUNTY prisoners will be treated equally for purposes of extradition, transpOliation, record keeping, and access to Community Supervision Programs. During sihlations where jail population exceeds maximum bed capacity, policies established relating to booking restrictions, acceptance of prisoners, and release of prisoners will treat CITY and COUNTY equally. 14. Indemnification: COUNTY assumes full responsibility for the health, safety and safekeeping of all CITY prisoners while in the custody of COUNTY. The County shall indemnify and hold harmless the City and its officers, agents alld employees, or allY of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of allY nahlre whatsoever, by reason of or arising out of any negligent action or omission of the County, its officers, agents, and employees, or allY of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that, the City retains the right to palticipate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any ofthem, the County shall satisfy the same. The City shall indemnify and hold harmless the County and its elected officials, officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to palticipate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or allY of them, the City shall satisfy the same. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability 01' responsibility, which arises in whole or in part from the existence or effect of City ordinallCeS, lUles or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability alld/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the city, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. The terms of Section 14 "Indemnification" shall survive the termination or expiration of this Agreement. 15. Term / Termination: The Contract term shall be ten years unless terminated in accordance with the provisions of this agreement. Any party wishing to terminate this agreement shall issue a written notice of intent to terminate not less than ten (10) days prior to issuing the ninety (90) day .. . , .... . termination notice required by RCW 70.48.090. As per RCW 70.48.090, the notice shall state the grounds for termination and the specific plans for accommodating the affected jail population. Upon receipt of the written notice of intent to terminate, the palties will meet to confer on whether there are steps that the non-terminating palty can take in order to avoid a ninety (90) day termination notice. After the ten (10) day period has run, the patty desiring to terminate this agreement may provide the other party ninety (90) days termination notice, as provided in RCW 70.48.090. 17. Limited Re-Opener: The County or the City may request (a) twelve (12) months following the signing of this agreement and every twelve (12) months thereafter, that the paJties meet to negotiate a change to the charges and/or procedures applied in connection with medical and/or psychiatric inmates. 18. Disputes: Disputes shall be referred to the Sheriff and the City Council's designee for settlement. If disputes are not resolved by the parties within thirty (30) days of the referral, unless the parties agree to an extension of time, the dispute shall be referred to an arbitrator who has been mutually agreed upon by the CITY and COUNTY. Or if they cannot agree to an arbitrator, the patties may apply to the presiding judge of the Clallam County Superior Court for appointment of an arbitrator. The arbitrator's decision shall be final and binding on both parties. Each patty shall pay one-half of the arbitrator's fee. If mutual written consent to apply for the appointment of an arbitrator is not reached, either patty may seek cOUlt action to decide the disputed contract provision. 19. Severability: If any provision of this contract shall be held invalid, the remainder of th is contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both pmties. ,...- day of ttbru..a"j , 2009. DATED this 4tA1>fh NTY COMMISSIONERS CITY OF PORT ANGELES MaiJ"'-'J J-~ .. ~ H CLALLAM COUNTY SHERIFF'S OFFICE LA 1iJ3 fit.. .t:t W.L. Benedict, heriff .o~ l \e,P J. )pm'L City Clerk APPROVED AS TO FORM: APPROVED AS.TO FORl\1; ~~ ~> ~~ City Attoriley ?1~J 71.f Prosecuting Attorney j ~ 1'Z.llc{ (0(, a,~~g/5-0~-O(fg AGREEMENT FOR PRISONER CONFINEMENT SERVICES r:I--Vt ThIS agreement is made and entered into thIS IVI day of O~Cbn1/b&v, 2006, by and between the COUNTY OF CLALLAM, a political subdivision of the State of Washmgton (hereinafter "COUNTY"), and the CITY OF PORT ANGELES, a municipal corporation (hereinafter "CITY"). 5.<J11.tJ REPRESENTATIONS: 1. County received funds from the State pursuant to Chapter 70.48 R CW for the purpose 0 f construction of the Clallam County Corrections Facility, a portion of which funding was provided on the basis that County would house City's prisoners. 2. Pursuant to Chapters 39.34 and 70.48 RCW, COUNTY and CITY may enter mto an Agreement, through their respectIve legislatIve bodies, whereby COUNTY shall furnish jail facilities for CITY prisoners upon such terms as may be mutually agreed upon. 3. Chapter 39.34 RCW specifies that cities are responsible for the prosecutIon, adjudication, sentencing and incarceration of mIsdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out thIS responSIbility through t he use 0 f their 0 wn courts, staff, a nd facilIties, 0 r bye ntering into contracts or interlocal agreements to provide these services. Such contracts or interlocal agreements are required to take mto account the anticIpated costs of services as well as the anticipated and potentIal revenues to fund the services, including fines and fees, criminal justice funding, and state authorized sales tax funding levied for criminal justice purposes. 4. The CITY and COUNTY agree that the terms and conditions set forth herem are an acceptable basis for the COUNTY providing prisoner detention servIces, mcluding jail and special detention arrangements, to the CITY for persons committing mIsdemeanor or gross mIsdemeanor offenses wIthin the City limits. AGREEMENTS: 1. The Availability of Adult Corrections FacIlities: COUNTY agrees to furnish ItS facilIties and personnel for the confinement, processing, and r elated actIVIties of CITY prisoners in the same manner and to the same extent as the COUNTY furnishes said servIces for confinement, processmg, and related activities of ItS own pnsoners. COUNTY jaIl facilities shall be made available and furnished for holding of CITY pnsoners held upon arrest, awaiting trial, and serving imposed JaIl terms. 2. Definition of a CITY Prisoner: The term 'CITY prisoner" as used in this Agreement shall mean a person arrested by the CITY police and held and confined in the County Corrections FacIlity, or otherwise held in detention as provided in this agreement, pursuant to a violation of a CITY ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. The term 'CITY prisoner" shall not include a person arrested for a felony offense by the CITY police, a person arrested on a warrant issued by another jurisdIction or for charges InItiated by a non CITY officer, or a person charged by the prosecutor with a felony or an attempt to commit a felony even if there is a plea to or convictIon of a lessor offense. J.\SDATA\CONTRAC1\JAIL\2006 CIty ofPA JaIl Contract final 121206 doc " 3. Prisoner Confinement DaIly Fee: A. Commencing the date of thIS signed agreement, the CITY agrees to pay the COUNTY a daily fee for the housing of pnsoners in the County Corrections Facility based on the rate of $62.00. The daily confinement fee shall be charged per prisoner for each calendar day or portion thereof that a CITY the prisoner is confined in the Corrections Facility. B. Effective January 151 of each subsequent year, the Prisoner Confinement Dally Fee shall be increased m an amount equal to 90% of the Seattle-Tacoma-Bremerton CPI- W published in July for the preceding twelve (12) months. The COUNTY shall provide the CITY with the adjusted Pnsoner Confinement Daily Fee no later than August 151 for the subsequent year. C. Prisoner fees shall be billed by the COUNTY each month and the CITY shall pay said fees within thirty (30) days of billing. In the event of a mistake, the next billing after the mistake is discovered will be adjusted appropriately. D. When a CITY prisoner is being held on charges originating from another local government within Clallam County, the daily fee shall be dIvided by the number of governmental jurisdictions for which the CITY prisoner IS being held. 4. Designated Administrators and Advisory Board: A. The Clallam County Shenff in consultation with the Port Angeles Chief of Police shall admmister this agreement pursuant to RCW 39.34.030(4)(a). Each administrator or designee will consult wIth each other quarterly regarding costs, fees, and charges and regardmg changes in poltcles, prachces, or procedures, which may affect the responsibilities of the other, and WIll try to resolve disputes between themselves or through their designated representatives. B. In the administration of this agreement, the Sheriff in consultation with the Port Angeles Chief of Police shall be advised, and shall give due consideration to the recommendations of, an advIsory board that shall be known as the "Clallam County Prisoner Confinement Advisory Board". The specific duties of the advisory board shall be to provide consultation and recommendations on matters relating to policy, budgeting, planmng, and operations of the County Corrections FacIlity and other detention facilities/programs as provided for in this agreement. The advisory board shall consist of the following members: Clallam County Undersheriff and Corrections FacIlity manager, County Admimstrator's representative, and representahves from each contract user agency. 5. Outside Medical Costs: Outside medical costs for emergency or necessary health care for CITY prisoners shall be paid for in accordance with RCW 70.48.130. The specific payment process shall be as follows: A. The COUNTY shall be responsIble for initial payment of the medIcal care prOVIder. B. As part of the screening process upon booking or preparation of an inmate into Jall, the COUNTY shall idenhfy general mformahon concerning the inmate's ability to pay for medIcal care, including insurance or other medical benefits or resources to J \SDA TA\CONTRACT\JAIL\2006 CIty ofPA JaIl Contract final 121206 doc which the inmate is entitled. The COUNTY shall make this mformation available to the Department of Social and Health Services (DSHS), the CITY, and any provider of health care services. C. The COUNTY shall notify the CITY pnor to outside medical care being proVided for a CITY prisoner, provided, however, that when emergency medical care is required in life-threatenmg circumstances, the notification may occur as soon as practicable. D. If the confined person is eligible under DSHS medical care programs as authorized under Chapter 74.09 RCW, the COUNTY shall provide DSHS with the health care billing information and shall request payment of the bill(s) in accordance with RCW 70.48.130. E. If the confined person has health insurance, medical benefits, or other resources to which the person is entitled, the COUNTY shall provide such resource with the health care billing information and shall request payment of the bill( s) in accordance with RCW 70.48.130. F. After payment or rejection of payment, either in writing or verbally, by DSHS, the health insurance provider, or any other provider of resources to which the inmate is entitled, the COUNTY may provide the health care billing information, and all information related to the COUNTY'S efforts to obtam payment or reimbursement for such billing, to the CITY. Withm thirty (30) days of such notice and information from the COUNTY, the CITY shall reimburse the COUNTY for such payment as has not already been made by DSHS or any other resource avallable to the inmate. G. The CITY shall have the right to obtain reimbursement from the confined person for the health care costs not provided by DSHS, including the right to obtam reimbursement from any msurance program or from other medical benefit programs available to the confined person. AdditiOnally, the CITY shall have whatever civil or criminal remedies are available by law to recover the costs of medical care provided to the inmate or paid by the CITY. Nothmg in this agreement shall limit any existing rights of any party, including the COUNTY, CITY, and medical care provider, against the person receiving the health care for the cost of the care provided. 6. Transportation: The CITY shall be responsible for transportation of all itS prisoners to the jail facilities for initial booking. If the pnsoner requires medical attention within four hours of booking, the CITY shall be responsible for transport. If the CITY has its own Municipal Court, then the CITY shall be responsible for transportation of all its pnsoners from the jail facilities for all appearances in the Municipal Court. 7. COpy of Arrest Warrant or Citation: CITY law enforcement officers placing misdemeanor- charged prisoners in the COUNTY jail shall, in every instance, furnish an arrest warrant or a copy of the citation to the COUNTY officer on duty at the time, and, in the event the arrest and confinement is for a state crime, the arresting officer shall furnish the Prosecuting Attorney With a report so that a charging decision may be made on the first available business day. 8. Transfer of Custody: CITY law enforcement officer placmg arrested persons m custody of the COUNTY Jail shall be required to remain m the immediate presence of the arrested person and shall be conSidered to have such person in their sole custody until the COUNTY 1'\SDATA\CONTRACT\JAIL\2006 CIty ofPA JaIl Contract final 121206 doc booking officer receives the completed Authorization for Confinement form from the CITY officer and the booking officer audIbly states that the prisoner is secured and at such time and only then, WIll COUNTY come into custody of said pnsoner. When custody of a CITY pnsoner is transferred to the COUNTY, the CITY prisoner shall be subject to all applicable rules, regulation and standards governing operatton of the COUNTY jail, including any emergency security rules imposed by the jail admimstrator subject to the applicable rules of the Superior Court and Title 289 WAC. Any CITY police officer delivenng a prisoner to the COUNTY JaIl shall comply with reasonable rules and regulations of the COUNTY jail. 9. Release of City Prisoner from County Facilitv: No CITY prisoner confined in the COUNTY facility subject to this agreement shall be released except: (a) when requested in writing by a supervisory member of the CITY Police Department for purposes of full release to street or other jaIl facility or for interviews by CITY police; (b) In compliance with orders of the court; (c) for appearance in court; ; (d) if the pnsoner has served his or her sentence, or bailor other recognizance has been posted as required. 10. Record Keeping: A. COUNTY agrees to maintain a system of record keeping relative to the booking and confinement of each CITY prisoner in such style and manner as equivalent to COUNTY's records pertaining to its own prisoners. If not available through the CITY's own records, the COUNTY shall make available, upon request, to the CITY or its authorized representatives, copies of said records. B. COUNTY also agrees to maIntain, and allow the CITY to inspect, records of all revenue and expenditures pertaining to the confinement servIces provided for in this agreement. 11. Posting of Bail: COUNTY agrees to act as agent for CITY In the receipt 0 f baIl posted pertaining to CITY prisoners during other than normal workIng hours. COUNTY agrees to dilIgently and timely delIver or turn over said bail bonds or monies to the appropriate Court. 12. CITY Access to Prisoners: All CITY police officers and investigators shall have the nght to intemew the prisoners at any time inside the confines of the COUNTY jail, subject only to necessary security rules. Interview rooms will be made available to CITY police officers in equal priority with those of any other department, including the Sheriffs Department. 13. Equal Treatment of CITY Prisoners: CITY and COUNTY prisoners will be treated equally for purposes 0 f extradItion, transportation, record keeping, a nd access to special detention programs. During situatIons where jail population exceeds maximum capacity, policies established relating to booking restrictions, acceptance of prisoners, and release of pnsoners will treat CITY and COUNTY equally. 14. Indemnification: COUNTY assumes full responsibility for the health, safety and safekeeping of all CITY prisoners while In the custody of COUNTY. The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omISSIon of the County, ItS officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or J:\SDATA\CONTRACT\JAIL\2006 CIty ofPA JaIl Contract final 121206 doc damage is brought against the City, the County shall defend the same at Its sole cost and expense; provided, that, the City retains the right to participate in said suit if any pnncip1e of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or Jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. The City shall mdemnify and hold harmless the County and its elected officials, officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arismg out of any neghgent act or omission of the CIty, Its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, actIOn, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the nght to partiCIpate in said suit if any principle of governmental or public laws is mvo1ved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the CIty and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility, which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the CIty shall defend the same at its sole expense and if judgment is entered or damages are awarded against the city, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. The terms of Section 14 "Indemnification" shall survive the termination or expiration of this Agreement. 15. Term: This Agreement shall commence on January 1,2007 and shall supersede all previous contracts and agreements between the partIes relating to the jail and jail services. In accordance with RCW 70.48, this agreement shall be in effect for a period of 10 (ten) years and may be reviewed annually by agreement of the parties. 16. Termination: Any party wishing to terminate this agreement shall issue a written notice of intent to terminate not less than ten (10) days prior to issuing the ninety (90) day termination notice required by RCW 70.48.090. As per RCW 70.48.090, the notice shall state the grounds for termination and the specific plans for accommodating the affected jail population. Upon receipt of the written notice of intent to terminate, the parties will meet to confer on whether there are steps that the non-terminating party can take in order to avoid a ninety (90) day termination notice. Mter the ten (10) day period has run, the party desinng to terminate this agreement may provide the other party ninety (90) days termination notice, as provided in RCW 70.48.090. 17. Limited Re-Ooener: The County or the City may request (a) twelve (12) months following the signing of thIS agreement and every twelve (12) months thereafter, that the partIes meet to negotiate a change to the charges and/or procedures applied in connection with medical and/or psychiatric inmates; or (b) at any time following final resolution of the lawsuit entitled City of Sequim, City of Forks v. Clallam County, Jefferson County cause number 05-2-00270-0, that the parties meet to negotiate a change to the charges and/or procedures applied in connection with medical and/or psychiatric inmates and/or any other matters m dispute at that time. In the event such a request IS made, the parties agree to meet and negotiate in good faith on the issue(s). However, ifno agreement is reached, the terms of this agreement will contmue to apply. J'\SDATA\CONTRAC1\JAIL\2006 CIty ofPA JaIl Contract final 121206 doc - ~, 18. DIsputes: Disputes that cannot be resolved by the representatives designated herein shall be referred to the Sheriff and the City Manager or their desIgnees for settlement. If disputes are not resolved by the parties within thirty (30) days of the referral, unless the parties agree to an extension of time, the dispute shall be referred to an arbitrator who has been mutually agreed upon by the CITY and COUNTY. Or if they cannot agree to an arbItrator, the parties may apply to the p residing judge 0 f t he C lallam County S upenor Court for appointment 0 fan arbItrator. The arbitrator's decision shall be final and binding on both parties. Each party shall pay one-half of the arbitrator's fee. If mutual written consent to apply for the appointment of an arbitrator is not reached, either party may seek court action to decIde the disputed contract proVIsion. 19. Severability: I fa ny p rovislOn of thIS contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. #1 DATED this 10 day of 1AeCbm fovv ,2006. CLALLAM COUNTY SHERIFF'S OFFICE v'-~~p ;;J/f)'~ Chief of olice I ~ ' A.~ J.A. rt'tri, Sheriff APPROVED AS TO FORM: 2~~~2lf J \SDATA\CONTRACT\JAIL\2006 CIty ofPA Jad Contract final121206 doc '-, 5, <II &; .11- AGREEMENT FOR PRISONER CONFINEMENT SERVICES This Agreement is made and entered into thisJ.t{th day of (Ji1~), 1996, by and between the COUNTY OF CLALLAM, a political subdivision of the State of Washington (hereinafter "COUNTY"), and the CITY OF PORT ANGELES, a municipal corporation (hereinafter "CITY"). REPRESENT A nONS: I. County received funds from the State pursuant to Chapter 70.48 RCW for the purpose of construction of the Clallam County Correctional Facility, a portion of which funding was provided on the basis that County would house City's prisoners. 2. Pursuant to Chapters 39.34 and 70.48 RCW, COUNTY and CITY may enter into an Agreement, through their respective legislative bodies, whereby COUNTY shall furnish jail facilities for CITY prisoners upon such terms as may be mutually agreed upon. 3. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out this responsibility through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements to provide these services. Such contracts or interlocal agreements are required to take into account the anticipated costs of services as well as the anticipated and potential revenues to fund the services, including fmes and fees, criminal justice funding, and state authorized sales tax funding levied for criminal justice purposes. 4. The City and County agree that the terms and conditions set forth herein are an acceptable basis for the County providing prisoner detention services, including jail and special detention arrangements, to the City for persons committing misdemeanor or gross misdemeanor offenses withm the City limits. AGREEMENTS: I. The Availability of Adult Correctional Facilities: COUNTY agrees to furnish its facilities and personnel for the confmement, processing, and related activities of CITY prisoners m the same manner and to the same extent as the COUNTY furnishes said services for confmement, processing, and related activities of its own prisoners. COUNTY jail facilities shall be made available and furnished for holding of CITY prisoners held upon arrest, awaiting trial, and serving imposed jail terms, 2. Defmition of a CITY Prisoner: The term "CITY prisoner" as used in this Agreement shall mean a person arrested by the CITY police and held and confmed in the County Corrections Facility, or otherwise held in detention as provided in this agreement, pursuant to a violation of a CITY ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. The term "CITY prisoner" shall not include a person arrested for a felony offense by the CITY police, a person arrested on a warrant issued by another jurisdiction or for charges initiated by a non City officer, or a person charged by the prosecutor with a felony or an attempt to commit a felony even if there is a plea to or conviction of a lessor offense. 3. Prisoner Confmement Daily Fee: A. Beginning January I, 1997, the CITY agrees to pay the COUNTY a daily fee for the housing of prisoners in the County Corrections Facility based on the following formula. The daily confmement fee shall be charged per prisoner for each calendar day or portion thereof, excluding the release day when a prisoner has been confmed for more than one day. (1) Total expenditures during the preceding twelve-month period from the following COUNTY budgets: - 1 - . . . . ..' a. Corrections Operation Budget minus capital expenditures and expenditures paid by any state sales tax revenue or jail generated revenue, which revenue is dedIcated to the operation of the County Correction Facility or other County confinement facility, operation, or activity; b. 40% of Courthouse Maintenance Budget; c. Health Department Jail Medical Services Budget (less expenditures for outside medical costs including, but not limited to: inmate prescriptions, diagnostic testing (e.g., laboratory and x-ray), physician and other specialist consultatIOns, ambulance transportation to hospitals, emergency room examinations, durable medical equipment, and hospitalIzations); d. Liability and Errors and OmIssions Insurance for Jail Facilities and Operations. (2) Divided by: Total prisoner days defined as the actual total jail faCIlity prisoner population during the preceding twelve-month period. B. An annual prisoner confmement daily fee calculation in accordance WIth the above formula shall be utilized as the basis for computing the next twelve months bIllings. For the first year, the total expenditures shall include the period from January I, 1996 through September 30, 1996. For subsequent years, the total expenditures and prisoner days shall include the previous twelve month period from September 1st through August 31 st, and the County shall provide the CIty with the expenditure and prisoner day figures by the following September 15th. C. Prisoner fees shall be billed by the COUNTY each month and the CITY shall pay said fees within thirty days of billing. In the event of a mistake, the next billIng after the mIstake is discovered will be adjusted appropriately. D. The total expenditures from the County Corrections OperatIOn budget, as used in calculatmg the prisoner .. confmement daily fee, shall not exceed the annual Corrections Operations budget without the agreement of the County Administrator and the City Manager, prOVIded that if the County Administrator and City Manager cannot agree, then the matter shall be referred to the Board of County Commissioners for fmal determination. E. When a City prisoner is being held on charges orIgInatIng from another local government within Clallam County, the daily fee shall be divided by the number of governmental jurisdictions for which the City prisoner is being held. 4. Partial Confmement and Alternative Confinement Programs. City prisoners shall be considered for County alternative and partial confinement programs on an equal basis with County prisoners, and subject to the same rules and regulatIOns, as well as potential sanctIOns, for program rule violations. A representative of the City shall sit on the screening committee that determines an offender's participation. Prisoner participation in such programs may be lImited to an operational capa~ity as identified by the County. Alternative and partial confmement programs shall include, but not be limited to, Work Release, Work Crew and Electronic Home Monitoring. Where offenders pay a fee to the County for program partICipation, such fees shall be deducted from the confmement daily fee calculation. Where offenders partiCipate in a home detention/electronic mOnItoring program, the City shall not be charged the prisoner confinement daily fee as set forth in paragraph 3. The City has the option of paying for indigent City prIsoner participation in partIal or alternative programs, at the same rate that the prisoner would have paid, includIng any associated program fees, such as equipment set up fees and costs involved in substance abuse detection (UA). Where City prisoners are in a Work Crew assignment, they shall first be assigned to the City Community Service Program, until such time as the program reaches its operational capacity, and then assigned to other County - 2 - 4 ..' . . sanctioned Work Crew projects. When assigned to the City program, the safety, supervision, transportation and care of the prisoner shall be the responsibility of the CIty. The City shall retain the right to establish its own partml or alternative confinement programs. 5. Designated Administrators and Advisory Board: A. The Clallam County Sheriff in consultation WIth the Port Angeles Chief of Police shall administer this agreement pursuant to RCW 39.34.030(4)(a). Each administrator or designee will consult with each other quarterly regarding costs, fees, and charges and regarding changes in policies, practices, or procedures, which may affect the responsibilities of the other, and WIll try to resolve disputes between themselves or through their designated representatives. B. In the administration of this agreement, the SherIff In consultatIOn WIth the Port Angeles Police Chief shall be advised, and shall give due consideration to the recommendations of, an advisory board that shall be known as the "Clallam County Prisoner Confinement AdVIsory Board" The specific dutIes of the advisory board shall be to provide consultation and recommendatIons on matters relating to policy, budgeting, planning; and operations of the County CorrectIOns FacIlIty and other detention facilities/programs as provided for in this agreement. The adVISOry board shall consist of the following members: County Administrator's representative, Port Angeles City Manager's representative, SeqUlm CIty Manager's representative, citizen representative from the west end of Clallam County, citizen representative from central Clallam County who is a reSIdent of the CIty of Port Angeles, and a citizen representative from the east end of Clallam County. The citizen representatives shall be appointed by the Board of County Commissioners. The composition of the advisory board may be reviewed annually in January dUrIng which time consideration may be given to changing and/or continuing specific members of the committee 6. Outside Medical Costs: Outside medical costs for emergency or necessary health care for CITY prisoners shall be paid for in accordance with RCW 70.48.130. The speCIfic payment process shall be as follows: A. The County shall be responsible for initial payment to the medIcal care provider. B. As part of the screening process upon booking or preparatIon of an inmate into jail, the County shall identify general information concerning the inmate's ability to pay for medIcal care, Including insurance or other medical benefits or resources to which the Inmate IS entItled The County shall make this information available to the Department of Social and Health Services (DSHS), the City, and any provider of health care services. C. The County shall notify the City prior to outSIde medical care being provided for a City prisoner; provided, however, that when emergency medical care IS reqUired In life-threatening circumstances, the notification may occur as soon as practicable. D. Ifthe confined person is eligible under DSHS medIcal care programs as authorized under Chapter 74.09 RCW, the County shall provide DSHS WIth the health care bIlling Information and shall request payment of the bill(s) in accordance with RCW 70 48 130 E. If the confmed person has health insurance, medical benefits, or other resources to which the person is entitled, the County shall provide such resource with the health care billing information and shall request payment of the bill(s) in accordance with RCW 70 48 130 F. After payment or rejection of payment, either In WrIting or verbally, by DSHS, the health msurance provider, or any other provider of resources to which the inmate is entitled, the County may provide the health care billing information, and all information related to the County's efforts to obtain payment or reimbursement for such billing, to the City. Within thirty days of such notice and information from the County, the City shall reimburse the County for such payment as has not already been made by DSHS or any other resource '1 - .) - . . ' . . , .' available to the inmate. G. The City shall have the right to obtaIn reimbursement from the confined person for the health care costs not provided by DSHS, including the right to obtall1 reimbursement from any insurance program or from other medical benefit programs available to the confined person Additionally, the City shall have whatever civil or criminal remedies are available by law to recover the costs of medIcal care provided to the inmate or paid by the City. Nothing in this agreement shall limit any eXlstll1g rIghts of any party, mcluding the County, City, and medical care provider, against the person receivIng the health care for the cost of the care provided. 7. Transportation: The CITY shall be responsible for transportatIOn of all ItS prisoners to the JaIl faCIlities for initial booking. If the prisoner requires medical attention wIthIn four hours of booking, the City shall be responsible for transport. If the City has its own Municipal Court, then the City shall be responsible for transportation of all its prisoners from the jail facilities for all appearances 111 the MunIcipal Court 8. Copy of Arrest Warrant or Citation: CITY law enforcement officers plaCIng misdemeanor-charged prisoners in the COUNTY jail shall, in every instance, furnish an arrest warrant or a copy of the citation to the COUNTY officer on duty at the time, and, in the event the arrest and confinement IS for a state CrIme. the arrestmg officer shall furnish the Prosecuting Attorney with a report so that a chargll1g deCISIOn may be made on the first available business day. 9. Transfer of Custody: CITY law enforcement officers plaCIng arrested persons 111 custody of the COUNTY jail shall be required to remain in the immediate presence of the arrested person and shall be considered to have such person in their sole custody until the COUNTY bookll1g officer receives the completed AuthorizatIOn for Confinement (Form CCSD 138) from the CITY officer and audibly states that the prIsoner IS secured and at such time and only then, will COUNTY come into custody of SaId prIsoner When custody of a CITY prisoner is transferred to the COUNTY, the CITY prisoner shall be subject to all applicable rules, regulations and standards governing operation of the COUNTY jail, including any emergency " "'. security rules imposed by the jail administrator subject to the applicable rules of the SuperIor Court and Title 289 WAC. Any CITY police officer delivering a prIsoner to the COUNTY JaIl shall comply with reasonable rules and regulations of the COUNTY jail. 10. Release of City Prisoner from County FaCIlity No CITY prIsoner confined m the COUNTY facility subject to this agreement shall be released except: (a) when requested by a member of the CITY Police Department; (b) in compliance with orders of the court in those matters In which the courts have JUrIsdictIOn, (c) for appearance in court; (d) for interviews by CITY police or attorneys, (e) If the prIsoner has served hiS or her sentence or the charge pending against said prisoner has been dismissed, or baIl or other recognizance has been posted as required; or (f) as determined by the Sheriff as part of a plan to reduce prIsoner population as a result of faCIlity overcrowding. 11. Record Keeping: A. COUNTY agrees to maintaIn a system of record keepll1g relative to the booking and confinement of each CITY prisoner in such style and manner as equivalent to COUNTY's records pertamll1g to ItS own prisoners. The COUNTY shall make available, upon request, to the CITY or ItS authOrIzed representatives, copies of said records. Upon disposition of a City case, the CITY agrees to timely report the dispositIOn of such case to the County in order to facilitate the County's mall1tenance of up-to-date criminal dispOSitIOn records. B. COUNTY also agrees to maintain, and allow the CITY to lI1spect, records of all revenue and expenditures pertaining to the confinement services provided for 111 tillS agreement 12. Posting of Bail: COUNTY agrees to act as agent for CITY In the receipt of bail posted pertaming to CITY prisoners. During other than normal workll1g hours, COUNTY agrees to diligently and timely deliver or turn over said bail bonds or monies to the District or Municipal Court 13. CITY Access to Prisoners: All CITY police officers and II1vestIgators shall have the right to intervIew the prisoners at any time inside the confmes of the County jail, subject only to necessary security rules. Interview rooms will - 4 - :~ # . .ot' be made available to CITY police officers in equal priority with those of any other department, including the Sheriff s Department. 14. Equal Treatment of CITY Prisoners: CITY and COUNTY prisoners will be treated equally for purposes of extradition, transportation, record keeping, and access to special detention programs. During situations where jail population exceeds maximum capacity, policies established relating to booking restrictions, acceptance of prisoners, and release of prisoners will treat CITY and COUNTY equally. 15. Hold Harmless Agreement: COUNTY assumes full responsibility for the health, safety and safekeeping of all CITY prisoners while in the custody of COUNTY. COUNTY agrees to indemnify and defend CITY against and hold CITY harmless from any liability, claims or causes of action which may arise as a result of the performance by COUNTY of its responsibilities under the terms of the Agreement. CITY agrees to defend, indemnify and hold harmless the COUNTY, its officials and employees against all demands and causes of action related to the County's performance of its responsibilities under this Agreement, resulting from any alleged illegality by the CITY, its officials and employees, regarding the transportation of CITY prisoners to and from the COUNTY facility by CITY personnel, the lawfulness of housing any CITY prisoner in the COUNTY facility, including but not limited to, false arrest, unlawful imprisonment and writs of habeas corpus proceedings, and the performance by the CITY of its responsibilities under this Agreement. 16. Duration of Agreement: This Agreement shall be effective on January 1, 1997, and said Agreement shall, in accordance with Chapter 70.48.RCW, be in effect for a period often (10) years. This Agreement will be opened for renegotiation every two years. The Agreement may be terminated only upon mutual consent between the CITY and COUNTY or in compliance with the provisions of Chapter 70.48 RCW. 17. Disputes: Disputes relating to the interpretation or administration of this agreement that cannot be resolved by the representatives designated herein shall be referred to the Sheriff and the City Manager or their designees for settlement. Disputes related to paragraph 3 that cannot be resolved by the representatives designated herein shall be referred to the County Administrator and City Manager or their designees for settlement. Except for disputes pursuant to Section 3D, if disputes are not resolved by the designees set forth herein within thirty days of the referral, the CITY and COUNTY shall by mutual written consent agree to the appointment of an arbitrator, or if they cannot agree to an arbitrator, may apply to the presiding judge of the Clallam County Superior Court for appointment of an arbitrator. The arbitrator's decision shall be [mal and binding on both parties. Each party shall pay one-half of the arbitrator's fee. If mutual written consent to apply for the appointment of an arbitrator is not reached, either party may seek court action to decide the disputed contract provision. 18. Severability: If any provision of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. DATEDthis~dayof ~ ,1996. C20FPOR~ES . -5f~n.... TrO~~ i5Q~.Q>'0' ))011),,_ City Clerk I APPROVED AS TO FORM: !1lIM~~ Pro~t6~~~ Sheriff C:\JAILCO.F96 - 11/4/96 - 5 -