HomeMy WebLinkAbout5.454 Original Contract
II (9/i1/~~00i) I?ec"ky ~p1onuu:~Contracf& AgF~~ment EXpirations u"
Page' f;!
From:
To:
Date:
Subject:
Becky Upton
Terry Gallagher
9/21/2007 11:22 AM
Contract & Agreement Expirations
I Just reviewed my Index of records with regard to expirations of contracts and agreements. This IS intended as a courtesy
notification only -- work may already be underway on new documents' The contracts and agreements are as follows:
City Clerk File No. 5.454: City of Forks - Pnsoner Confinement Services (Jail) - 6/1/04 - 6/1/07, renewable annually
City Clerk File No. 5.700: Kltsap County and vanous Police Departments - Mutual Law Enforcement Assistance Agreement -
Westsound Regional EVOC Instructors - 12/21/04 - 12/21/07 (Terry, I understand that, after we signed the agreement,
other entities who weren't getting along deCided to change the language. Some never signed the agreement, and I never
received a fully executed copy. I am uncertain as ItS status')
City Clerk File No. 5.703: C1allam County Humane Society - Service Agreement - 1/1/05-12/31/07
Becky
.:
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AGREEMENT FOR PRISONER CONFINEMENT SERVICES
This Agreement is made and entered into this 1st day of January, 1998, by and between the CITY OF FORKS, a
municipal corporation (hereinafter "FORKS"), and the CITY OF PORT ANGELES, a municipal corporation
(hereinafter "PORT ANGELES").
REPRESENTA nONS.
1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and PORT ANGELES may enter into an Agreement,
through their respective legislative bodies, whereby FORKS shall furnish jaIl facilities for PORT ANGELES
prisoners upon such terms as may be mutually agreed upon.
2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of misdemeanor and gross
misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law
enforcement agencies, whether filed under state law or city ordinance, and must carry out this responsibility
through the use of their own 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.
3 PORT ANGELES and FORKS agree that the terms and conditions set forth herein are an acceptable basis for
FORKS providing prisoner jail services to PORT ANGELES for persons committing misdemeanor or gross
misdemeanor offenses within PORT ANGELES limits.
AGREEMENTS:
I. A vailabilitv and Funding of Adult Correctional Facilities and Services: FORKS agrees to furnish its facilities and
personnel for the confinement, processing, and related services for PORT ANGELES prisoners in the same
manner and to the same extent as the FORKS furnishes said services for confinement, processmg, and related
activities of its own prisoners. FORKS jail facilities shall be made available and furnished for holding of PORT
ANGELES prisoners serving imposed jail terms, subject to the conditions herein. Said facilities and services shall
meet the requirements of all applicable state and federal laws.
2. Defmltion of a PORT ANGELES Prisoner: The term "PORT ANGELES pnsoner" as used in this Agreement shall
mean a person arrested by PORT ANGELES police and held and confined in the FORKS Jail, or otherwise held in
detention as provided in this agreement, pursuant to a violation of a CITY ordinance or a violation of a state law
or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor.
The term "PORT ANGELES prisoner" shall not include a person arrested for a felony offense by PORT
ANGELES police, a person arrested on a warrant issued by another jurisdiction or for charges initiated by a non
PORT ANGELES 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 Confinement Daily Fee.
A. Beginning January I, 1998, PORT ANGELES agrees to pay FORKS a daily per inmate fee for the housing of
pnsoners in the FORKS Jail. The daily confinement fee shall be charged per prisoner for each calendar day or
portion thereof, excluding the release day when a prisoner has been confined for more than one day. The daily
rate shall be $45.00 each for 1-2 prisoners, $42.50 each for 3-4 prisoners, and $40.00 each for 5 or more
prisoners, calculated on a daily basis.
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B. This rate shall be adjusted annually, based upon the Seattle CPI-U. The first annual adjustment will be
effective January 1999 and each year thereafter.
C Pnsoner fees shall be billed by the CITY of FORKS each month and PORT ANGELES 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.
4. Partial Confmement and AlternatIve Confinement Programs.
PORT ANGELES prisoners shall be considered for FORKS alternative and partial confinement programs on an
equal basis with FORKS prisoners, and subject to the same rules and regulations, as well as potential sanctions,
for program rule violations. Prisoner participation in such programs may be limited to an operational capacity as
identified by FORKS. Alternative and partial confinement programs shall include, but not be limited to, Work
Release and Work Crew. It is understood by the parties that the tenn alternative confmement programs shall not
include electronic home monitoring.
Where offenders pay a fee to FORKS for program participation, such fees shall be deducted from the confmement
daily fee.
Where PORT ANGELES prisoners are in a FORKS Work Crew assignment, they shall be credited with one day
of "good time" for each day that they are assigned to the Work Crew.
5. Designated Admmistrators:
The FORKS Police ChIef in consultation with the PORT ANGELES Police Chief shall administer this agreement
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.
6 MedIcal Costs:
Medical costs for emergency or necessary health care for PORT ANGELES prisoners shall be the responsibilIty of
PORT ANGELES. PORT ANGELES retains the option to contract with medical providers to provide medical
services to PORT ANGELES prisoners.
FORKS shall notify PORT ANGELES prior to outside medical care being provided for a PORT ANGELES
prisoner; provided, however, that when emergency medical care is required in life-threatening circumstances, the
notification may occur as soon as practIcable.
7. Transportation:
Transportation of PORT ANGELES prisoners to the FORKS jail facIlIties will be provided by the FORKS PolIce
Department as needed, but not to exceed three times per calendar week The one-way rate for transportation shall
be $10 per prisoner. Upon release of PORT ANGELES prisoners, FORKS shall transport the prisoner to the Forks
Transit Center. A one-way ticket to Port Angeles will be issued to the released prisoner. The costs incurred by
FORKS for transit tickets will be included in the monthly billing.
8. Transfer of Custody:
PORT ANGELES law enforcement officers placing arrested persons in custody of the FORKS jaIl shall be
required to remain in the immediate presence of the arrested person and shall be considered to have such person in
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their sole custody until the FORKS booking officer audibly states that the prisoner is secured; at such time and
only then, will FORKS come into custody of said prisoner.
When custody of a PORT ANGELES prisoner is transferred to FORKS, the PORT ANGELES prisoner shall be
subject to all applicable rules, regulations and standards governing operation of the FORKS jail, including any
emergency security rules imposed by the FORKS Chief of Police or designee. Any PORT ANGELES police
officer delivering a prisoner to FORKS jail shall comply with reasonable rules and regulations of the FORKS jail.
9. Release of PORT ANGELES Prisoner from FORKS Jail: No PORT ANGELES prisoner confined in the FORKS
jail subject to this agreement shall be released except: (a) when requested by a member of PORT ANGELES
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 lllterviews by PORT ANGELES police or attorneys; (e) if the
prisoner has served his or her sentence or the charge pending against said prisoner has been dismissed; or (f) as
determined by the FORKS Chief of Police as part of a plan to reduce prisoner populatIOn as a result of faCIlity
overcrowding.
10 Record Keeping'
A. FORKS agrees to maintain a system of record keeping relative to the booking and confinement of each
PORT ANGELES prisoner in such style and manner as equivalent to FORKS's records pertaimng to its own
prisoners. FORKS shall make aVailable, upon request, to PORT ANGELES or Its authorized representatives,
copies of Said records Upon disposition of a PORT ANGELES case, PORT ANGELES agrees to timely
report the disposition of such case to FORKS in order to facilitate Fork's maintenance of up-to-date crimlllal
disposition records.
B. FORKS also agrees to maintain, and allow PORT ANGELES to lllspect, records of all revenue and
expenditures pertaining to the confinement services provided for in this agreement.
11. PORT ANGELES Access to Prisoners: All PORT ANGELES police officers, investigators and the prisoner's
assigned counsel shall have the right to interview the prisoners at any time inside the confines of the FORKS Jail,
subject only to necessary security rules. Interview rooms will be made aVailable to PORT ANGELES police
officers in equal priority with those of any other department
12 Equal Treatment of PORT ANGELES Prisoners: PORT ANGELES and FORKS prisoners will be treated equally
for purposes of extradition, transportatIOn, record keeping, and access to special detention programs. During
situations where Jail population exceeds maximum capacity, FORKS retains priority for the housing of FORKS
pnsoners
13. Hold Harmless Agreement: FORKS assumes full responsibility for the welfare, safety and safekeeping of all
PORT ANGELES prisoners while in the custody of FORKS. FORKS agrees to indemnify and defend PORT
ANGELES agamst and hold PORT ANGELES harmless from any liability, claims or causes of action which may
arise as a result of the performance by FORKS of its responsibilities under the terms of the Agreement.
PORT ANGELES agrees to defend, indemnify and hold harmless FORKS, its officials and employees against all
demands and causes of action related to Fork's performance of its responsibilities under this Agreement, resulting
from any alleged illegality or negligence by PORT ANGELES, its officials and employees, regarding any
transportation of PORT ANGELES prisoners to and from FORKS facility by PORT ANGELES personnel, the
lawfulness of housing any PORT ANGELES prisoner in FORKS facility, including but not limited to, false arrest,
unlawful imprisonment and writs of habeas corpus proceedlllgs, and the performance by PORT ANGELES of its
responsibilities under this Agreement.
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14. Duration of Agreement: This Agreement shall be effective on January 1, 1998, and said Agreement shall be in
effect for a period of two (2) years, renewable annually. This Agreement will be renegotiated every two years.
The Agreement may be terminated upon written notice by either party with a mmlmum 120 days notice.
15. Disputes: Disputes relating to the interpretation or administration of this agreement that cannot be resolved by the
representatives designated herein shall be referred to the FORKS Mayor and PORT ANGELES City Manager or
their designees for settlement.
16 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
DATED this 2.2. day of~~c...
1997.
DA TED this /lJ!ctay 00. 0 00 rr.{)Q}, 1997.
CITY OF FORKS
~a~~
Mayor
APPROVED AS TO FORM:
~. '()~
City Attorney'
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From:
To:
Date:
Subject:
Tom,
Becky Upton
TRIEPE
3/29/02 2'23pm
Contract Expiration
The contract listed below IS scheduled to expire as of 12/31/02
IS only Intended to serve as a secondary reminder of that expiration
File No 5.454
three (3) years
Becky
- City of Forks - Prisoner Confinement Services
- to be renegotiated every three (3) years
- - this e-mail
- 1/1/2000 for
5. <./5<{-
~ORTANGELES
6. </51
WAS H I N G TON, U. S. A.
CITY MANAGER'S OFFICE
May 30, 2000
Bruce Hall
Chief of Police
City of Forks
P. O. Box 28
Forks, WA 98331-0028
Re: ' Agreement fQr Prisoner Confmement Services
Dear Chief Hall:
At its meeting of May 16,2000, the City Council approved the attached agreement
between the Cities of Port Angeles and Forks for prisoner confinement services.
A fully executed copy of the agreement is attached for your files.
Sincerely yours,
.6~~~~
Becky 1. Upton, CMC
City Clerk/Management Assistant
Enclosure
321 EAST FI FTH STREET It POBOX 1 150 III PORT ANGELES, WA 98362-0217
PHONE 360-417-4500" FAX 360-417-4509 8 TTY 360-417-4645
E-MAIL CITYMGR@CI PORT-ANGELES WA US
5. '-154
OF FOR
~
POLICE DEPARTMENT
WASHINGTON STA TE ACCREDITED AGENCY
BRUCE HALL
ChIef of Police
POST OFFICE BOX 28
FORKS, WASHINGTON 98331-0028
500 EAST DIVISION STREET
Bus.: (360) 374-2223
Fax: (360) 374-2506
May 5, 2000
Chief Steve Ilk
Port Angeles Police Department
321 E. 5th Street
Port Angeles, Washington 98362
Re: Jail Agreement
Dear Steve,
Enclosed you will find two executed jail services contracts. Once signed, please
send one of the originals back to me for my records.
Thank you,
FORKS POLICE DEPARTMENT
~~f-/~
Bruce Hall
Chief of Police
Enclosures
106
5. -<15<1
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AGREEMENT FOR PRISONER CONFINEMENT SERVICES
This Agreement is made and entered into this 1st day of January, 2000, by and between the CITY OF FORKS, a
municipal corporation (hereinafter "FORKS"), and the CITY OF PORT ANGELES, a municipal corporation
(hereinafter "PORT ANGELES").
REPRESENTATIONS:
I. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and PORT ANGELES may enter into an Agreement,
through their respective legislative bodies, whereby FORKS shall furnish jail facilities for PORT ANGELES
prisoners upon such terms as may be mutually agreed upon.
2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of misdemeanor and gross
misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law
enforcement agencies, whether filed under state law or city ordinance, and must carry out this responsibility
through the use of their own 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.
3 PORT ANGELES and FORKS agree that the terms and conditions set forth herein are an acceptable basis for
FORKS providing prisoner jail services to PORT ANGELES for persons committing misdemeanor or gross
misdemeanor offenses within PORT ANGELES limits.
AGREEMENTS:
1. Availability and Funding of Adult Correctional Facilities and Services: FORKS agrees to furnish its facilities and
personnel for the confmement, processing, and related services for PORT ANGELES prisoners in the same
manner and to the same extent as the FORKS furnishes said services for confmement, processing, and related
activities of its own prisoners. FORKS jail facilities shall be made available and furnished for holding of PORT
ANGELES prisoners serving imposed jail terms, subject to the conditions herein. Said facilities and services shall
meet the requirements of all applicable state and federal laws.
2 DefmitlOn ofa PORT ANGELES Prisoner: The term "PORT ANGELES prisoner" as used in this Agreement shall
mean a person arrested by PORT ANGELES police and held and confmed in the FORKS Jail, or otherwise held in
detention as provided in this agreement, pursuant to a violation of a CITY ordinance or a violation of a state law
or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor.
The term "PORT ANGELES prisoner" shall not include a person arrested for a felony offense by PORT
ANGELES police, a person arrested on a warrant issued by another jurisdiction or for charges initiated by a non
PORT ANGELES officer, or a person charged by the prosecutor with a felony or an attempt to commit a felony
even ifthere is a plea to or conviction of a lessor offense.
3 Prisoner Confinement Daily Fee:
A. Beginning January 1,2000, PORT ANGELES agrees to pay FORKS a daily per inmate fee for the housing of
prisoners in the FORKS Jail. 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. The base
daily rate shall be $47.68 each for 1-2 prisoners, $45.04 each for 3-4 prisoners, and $42.39 each for 5 or more
prisoners, calculated on a daily basis, with CPI-U rate adjustments effective January 2001 and each year
thereafter. This annual adjustment shall be based on the Seattle CPI-U.
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B. Prisoner fees shall be billed by the CITY of FORKS each month and PORT ANGELES 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.
4. Partial Confinement and Alternative Confinement Programs:
PORT ANGELES prisoners shall be considered for FORKS alternative and partial confmement programs on an
equal basis with FORKS prisoners, and subject to the same rules and regulations, as well as potential sanctions,
for program rule violations. Prisoner participation in such programs may be limited to an operational capacity as
identified by FORKS. Alternative and partial confmement programs shall include, but not be limited to, Work
Release and Work Crew. It is understood by the parties that the term alternative confmement programs shall not
include electronic home monitoring.
Where offenders pay a fee to FORKS for program participation, such fees shall be deducted from the confmement
daily fee.
Where PORT ANGELES prisoners are in a FORKS Work Crew assignment, they shall be credited with one day
of "good time" for each day that they are assigned to the Work Crew.
5. Designated Administrators:
The FORKS Police Chief in consultation with the PORT ANGELES Police Chief shall administer this agreement
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.
6. Medical Costs:
Medical costs for emergency or necessary health care for PORT ANGELES prisoners shall be the responsibility of
PORT ANGELES. PORT ANGELES retains the option to contract with medical providers to provide medical
services to PORT ANGELES prisoners.
FORKS shall notify PORT ANGELES prior to outside medical care being provided for a PORT ANGELES
prisoner; provided, however, that when emergency medical care is required in life-threatening circumstances, the
notification may occur as soon as practicable.
7. Transportation:
Transportation of PORT ANGELES prisoners to the FORKS jail facilities will be provided by the FORKS Police
Department as needed, but not to exceed three times per calendar week. The one-way rate for transportation shall
be $10 per prisoner. Upon release of PORT ANGELES prisoners, FORKS shall transport the prisoner to the Forks
Transit Center. A one-way ticket to Port Angeles will be issued to the released prisoner. The costs incurred by
FORKS for transit tickets will be included in the monthly billing.
8. Transfer of Custody:
PORT ANGELES law enforcement officers placing arrested persons in custody of the FORKS jail shall be
required to remain in the immediate presence of the arrested person and shall be considered to have such person in
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their sole custody until the FORKS booking officer audibly states that the prisoner is secured; at such time and
only then, will FORKS come into custody of said prisoner.
When custody of a PORT ANGELES prisoner is transferred to FORKS, the PORT ANGELES prisoner shall be
subject to all applicable rules, regulations and standards governing operation of the FORKS jail, including any
emergency security rules imposed by the FORKS Chief of Police or designee. Any PORT ANGELES police
officer delivering a prisoner to FORKS jail shall comply with reasonable rules and regulations of the FORKS jail.
9. Release of PORT ANGELES Prisoner from FORKS Jail: No PORT ANGELES prisoner confined in the FORKS
jail subject to this agreement shall be released except: (a) when requested by a member of PORT ANGELES
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 PORT ANGELES police or attorneys; (e) if the
prisoner has served his or her sentence or the charge pending against said prisoner has been dismissed; or (t) as
determined by the FORKS Chief of Police as part of a plan to reduce prisoner population as a result of facility
overcrowding.
10. Record Keeping:
A. FORKS agrees to maintain a system of record keeping relative to the booking and confmement of each
PORT ANGELES prisoner in such style and manner as equivalent to FORKS records pertaining to its own
prisoners. FORKS shall make available, upon request, to PORT ANGELES or its authorized representatives,
copies of said records. Upon disposition of a PORT ANGELES case, PORT ANGELES agrees to timely
report the disposition of such case to FORKS in order to facilitate Fork's maintenance of up-to-date criminal
disposition records.
B. FORKS also agrees to maintain, and allow PORT ANGELES to inspect, records of all revenue and
expenditures pertaining to the confinement services provided for in this agreement.
11. PORT ANGELES Access to Prisoners: All PORT ANGELES police officers, investigators and the prisoner's
assigned counsel shall have the right to interview the prisoners at any time inside the confines of the FORKS jail,
subject only to necessary security rules. Interview rooms will be made available to PORT ANGELES police
officers in equal priority with those of any other department.
12. Equal Treatment of PORT ANGELES Prisoners: PORT ANGELES and FORKS prisoners will be treated equally
for purposes of extradition, transportation, record keeping, and access to special detention programs. During
situations where jail population exceeds maximum capacity, FORKS retains priority for the housing of FORKS
prisoners.
13. Hold Harmless Agreement: FORKS assumes full responsibility for the welfare, safety and safekeeping of all
PORT ANGELES prisoners while in the custody of FORKS. FORKS agrees to indemnify and defend PORT
ANGELES against and hold PORT ANGELES harmless from any liability, claims or causes of action which may
arise as a result of the performance by FORKS of its responsibilities under the terms of the Agreement.
PORT ANGELES agrees to defend, indemnify and hold harmless FORKS, its officials and employees against all
demands and causes of action related to Fork's performance of its responsibilities under this Agreement, resulting
from any alleged illegality or negligence by PORT ANGELES, its officials and employees, regarding any
transportation of PORT ANGELES prisoners to and from FORKS facility by PORT ANGELES personnel, the
lawfulness of housing any PORT ANGELES prisoner in FORKS facility, including but not limited to, false arrest,
unlawful imprisonment and writs of habeas corpus proceedings, and the performance by PORT ANGELES of its
responsibilities under this Agreement.
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14 DuratIon of Agreement: This Agreement shall be effective on January 1, 2000, and said Agreement shall be m
effect for a period of three (~) years, renewable annually. This Agreement wIll be renegotiated every three years
The Agreement may be termmated upon written notice by either party with a mmrmum 120 days notice.
15. DIsputes: DIsputes relating to the interpretation or administration of thIS agreement that cannot be resolved by the
representatIves desIgnated herein shall be referred to the FORKS Mayor and PORT ANGELES City Manager or
their designees for settlement.
16. Severabihty: If any provisIOn of this contract shall be held invahd, 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.
DATED this ga day of +~ 2000.
DATED tlus~y of ~ 2000.
CITY OF FORKS
~~
Mayor
~
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105
fiLED fOR RECORD 1\1 1HE :~Ea'.lES1
(,r P,fl~__.__,
n1[CGRCI~: '~'.I;; ~'~J ,'1, ,,~\~Ll..)1 ;;~'
2005 AUG 30 Ai'! 9: 08
Filed at the Request of:
City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, W A 98362
c0
~ III1 ~IIIIIII ~ II~ III H ~
2005 1163934 g~~I~;
Interloca1 Agreement
City Clerk File No.: c;. L{ stf
Agreement between the City of Port Angeles and %crP W,<.,
purpose:~ sdk.el C~~ &(V~~
Dated: &~ Jf)"(
'7/" kt
5. -</5-</
FORKS CITY JAIL
AGREEMENT FOR PRISONER CONFINEMENT SERVICES
EARLY RENEWAL
This Agreement is made and entered into this 1 st day of June, 2004, by and between the
l )
CITY OF FORKS, a municipal corporation (hereinafter "FORKS" , and the
CITY OF PORT ANGELES, a municipal corporation (hereinafter "PORT ANGELES").
REPRESENTATIONS:
1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and PORT ANGELES may
enter into an Agreement, through their respective legislative bodies, whereby FORKS
shall furnish jail facilities for PORT ANGELES prisoners upon such terms as may be
mutually agreed upon.
2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of
misdemeanor and gross misdemeanor offenses committed by adults in their
respective jurisdictions, and referred from their respective law enforcement agencies,
whether filed under state law or city ordinance, and must carry out this responsibility
through the use of their own 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. PORT ANGELES and FORKS agree that the terms and conditions set forth herein are
an acceptable basis for FORKS providing prisoner jail services to PORT ANGELES
for persons committing misdemeanor or gross misdemeanor offenses within PORT
ANGELES limits.
AGREEMENTS:
1 . Availability and Fundina of Adult Correctional Facilities and Services: FORKS agrees
to furnish its facilities and personnel for the confinement, processing, and related
services for PORT ANGELES prisoners in the same manner and to the same extent
as the FORKS furnishes said services for confinement, processing, and related
activities of its own prisoners. FORKS jail facilities shall be made available and
furnished for holding of PORT ANGELES prisoners serving imposed jail terms, subject
to the conditions herein. Said facilities and services shall meet the requirements of all
applicable state and federal laws.
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. .
J,
2. Definition of a PORT ANGELES Prisoner: The term "PORT ANGELES prisoner" as
used in this Agreement shall mean a person arrested by PORT ANGELES police and
held and confined in the FORKS Jail, or otherwise held in detention as provided in this
agreement, pursuant to a violation of a PORT ANGELES 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 "PORT ANGELES prisoner" shall not ,
include a person arrested for a felony offense by PORT ANGELES police, a person
arrested on a warrant issued by another jurisdiction or for charges initiated by a non
PORT ANGELES 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 Confinement Dailv Fee:
A. Beginning June 01, 2004 PORT ANGELES agrees to pay FORKS a daily per
inmate fee for the housing of prisoners in the FORKS Jail. The daily confinement
fee shall be charged per prisoner for each calendar day or portion thereof,
excluding the release day when a prisoner has been confined for more than one
day. The base daily rate shall be $45.00 each. FORKS will house any PORT
ANGELES prisoner who has a court commitment of 365 days at the special daily
rate of $40.00 each day.
B. This rate shall be adjusted annually, based on the Seattle CPI-U. The first annual
adjustment will be effective March 4, 2005 and each year thereafter.
C. Prisoner fees shall be billed by FORKS each month and PORT ANGELES shall pay
said fees within 30 days of billing. In the event of a mistake, the next billing after
the mistake is discovered will be adjusted appropriately.
4. Partial Confinement and Alternative Confinement Proarams: PORT ANGELES
prisoners shall be considered for FORKS alternative and partial confinement programs on
an equal basis with FORKS prisoners, and subject to the same rules and regulations, as
well as potential sanctions, for program rule violations. Prisoner participation in such
programs may be limited to an operational capacity as identified by FORKS. Alternative
and partial confinement programs shall include, but not be limited to, Work Release and
Work Crew. It is understood by the parties that the term alternative confinement programs
shall not include electronic home monitoring.
The City of Forks Jail, in cooperation with Peninsula Community College, offers aGED
program to those inmates wishing to genuinely earn their GED.
Where offenders pay a fee to FORKS for program participation, such fees shall be
deducted from the confinement daily fee.
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Where PORT ANGELES prisoners are in a FORKS Work Crew assignment, they shall be
credited with five days "good time" for each 30 days that they are assigned to the Work
Crew. "Good time" is earned, and not automatically "given".
JI
5. Desianated Administrators: The FORKS Police Chief in consultation with the PORT ,
ANGELES Police Chief shall administer this agreement. 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.
6. Medical Costs: Medical costs for emergency or necessary health care for PORT
ANGELES prisoners shall be the responsibility of PORT ANGELES. PORT ANGELES
retains the option to contract with medical providers to provide medical services to
PORT ANGELES prisoners.
FORKS shall notify PORT ANGELES prior to outside medical care being provided for
a PORT ANGELES prisoner; provided, however, that when emergency medical care
is required in life-threatening circumstances, the notification may occur as soon as
practicable.
7. Transportation: Transportation of PORT ANGELES prisoners to the FORKS jail
facilities will be provided by the FORKS Police Department as needed, but not to
exceed one time per calendar week. FORKS Police Department, travel to a mutually
agreed upon location for the pick-up. The one-way rate for transportation shall be
included in the daily prisoner rate. Upon release of PORT ANGELES prisoners,
FORKS shall transport the prisoner to the Forks Transit Center. A one-way ticket to
the PORT ANGELES area may be issued to the released prisoner. If the prisoner is
needed for Court during incarceration in the FORKS jail, it will be the responsibility of
PORT ANGELES to transport the prisoner from FORKS jail to Court, and return.
8. Transfer of Custody: PORT ANGELES law enforcement officers placing arrested
persons in custody of the FORKS 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 FORKS booking officer audibly states that the prisoner is
secured; at such time and only then, will FORKS come into custody of said prisoner.
When custody of a PORT ANGELES prisoner is transferred to FORKS, the PORT
ANGELES prisoner shall be subject to all applicable rules, regulations and standards
governing operation of the FORKS jail, including any emergency security rules
imposed by the FORKS Chief of Police or designee. Any PORT ANGELES police
officer delivering a prisoner to FORKS jail shall comply with reasonable rules and
regulations of the FORKS jail.
-3-
,.
j,
9. Release of PORT ANGELES Prisoner from FORKS Jail: No PORT ANGELES
prisoner confined in the FORKS jail subject to this agreement shall be released
except: (a) when requested by a member of PORT ANGELES 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 PORT ANGELES police
or attorneys; (e) if the prisoner has served his or her sentence or the charge pending
against said prisoner has been dismissed; or (f) as determined by the FORKS Chief of '
Police as part of a plan to reduce prisoner population as a result of facility
overcrowding.
10. Record Keepina:
A. FORKS agrees to maintain a system of record keeping relative to the booking and
confinement of each PORT ANGELES prisoner in such style and manner as
equivalent to FORKS's records pertaining to its own prisoners. FORKS shall make
available, upon request, to PORT ANGELES or its authorized representatives, copies
of said records. Upon disposition of a PORT ANGELES case, PORT ANGELES
agrees to timely report the disposition of such case to FORKS in order to facilitate
Fork's maintenance of up-to-date criminal disposition records.
B. FORKS also agrees to maintain, and allow PORT ANGELES to inspect, records
of all revenue and expenditures pertaining to the confinement services provided
for in this agreement.
11. PORT ANGELES Access to Prisoners: All PORT ANGELES police officers,
investigators and the prisoner's assigned counsel shall have the right to interview the
prisoners at any time inside the confines of the FORKS jail, subject only to necessary
security rules. Interview rooms will be made available to PORT ANGELES police
officers in equal priority with those of any other department.
12. Eaual Treatment of PORT ANGELES Prisoners: PORT ANGELES and FORKS
prisoners will be treated equally for purposes of extradition, transportati9n, record
keeping, and access to special detention programs. During situations where jail
population exceeds maximum capacity, FORKS retains priority for the housing of
FORKS prisoners.
13. Hold Harmless Aareement: FORKS assumes full responsibility for the welfare, safety
and safekeeping of all PORT ANGELES prisoners while in the custody of FORKS.
FORKS agrees to indemnify and defend PORT ANGELES against and hold PORT
ANGELES harmless from any liability, claims or causes of action which may arise as a
result of the performance by FORKS of its responsibilities under the terms of the
Agreement.
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.
, <
PORT ANGELES agrees to defend, indemnify and hold harmless FORKS, its officials
and employees against all demands and causes of action related to Fork's
performance of its responsibilities under this Agreement, resulting from any alleged
illegality or negligence by PORT ANGELES, its officials and employees, regarding any
transportation of PORT ANGELES prisoners to and from FORKS facility by PORT
ANGELES personnel, the lawfulness of housing any PORT ANGELES prisoner in
FORKS facility, including but not limited to, false arrest, unlawful imprisonment and
writs of habeas corpus proceedings, and the performance by PORT ANGELES of its '
responsibilities under this Agreement.
JI
14. Duration of Aareement: This Agreement shall be effective on June 01 2004, and said
Agreement shall be in effect for a period of three years, renewable annually. This
Agreement will be renegotiated every three years. The Agreement may be terminated
upon written notice by either party with a minimum 90 days notice. The notice shall
state the grounds for the termination and the specific plans for accommodating the
affected jail population (per RCW 70.48.090 as amended)
15. Disputes: Disputes relating to the interpretation or administration of this agreement
that cannot be resolved by the representatives designated herein shall be referred to
the FORKS Mayor and PORT ANGELES Mayor or their designees for settlement.
16. Severabilitv: 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.
DATED this 13th day of May 2004.
;Z;~~A~
City Attorney
DATED this 1.~aYO~2004.
~:T?lJ~ ;)
Mayor
.
\f~ ~.(J~
<:5hief of Police
APPROVED AS TO FORM:
City Attorney
-5-
5: -<15<1
AGREEMENT FOR PRISONER CONFINEMENT SERVICES
This Agreement is made and entered into this 1st day of January. 2004, by and between the CITY OF FORKS, a
municipal corporation (hereinafter "FORKS"), and the CITY OF PORT ANGELES, a municipal corporation
(hereinafter "PORT ANGELES").
REPRESENT A nONS:
1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and PORT ANGELES may enter into an Agreement, through
their respective legislative bodies, whereby FORKS shall furnish jail facilities for PORT ANGELES prisoners
upon such terms as may be mutually agreed upon.
2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of misdemeanor and gross
misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law
enforcement agencies, whether filed under state law or city ordinance, and must carry out this responsibility
through the use of their own 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. PORT ANGELES and FORKS agree that the terms and conditions set forth herein are an acceptable basis for
FORKS providing prisoner jail services to PORT ANGELES for persons committing misdemeanor or gross
misdemeanor offenses within PORT ANGELES limits.
AGREEMENTS:
1. Availability and Funding of Adult Correctional Facilities and Services: FORKS agrees to furnish its facilities and
personnel for the confmement, processing, and related services for PORT ANGELES prisoners in the same manner
and to the same extent as the FORKS furnishes said services for confmement, processing, and related activities of
its own prisoners. FORKS jail facilities shall be made available and furnished for holding of PORT ANGELES
prisoners serving imposed jail terms, subject to the conditions herein. Said facilities and services shall meet the
requirements of all applicable state and federal laws.
2. Definition of a PORT ANGELES Prisoner: The term "PORT ANGELES prisoner" as used in this Agreement shall
mean a person arrested by PORT ANGELES police and held and confined in the FORKS Jail, or otherwise held in
detention as provided in this agreement, pursuant to a violation of a CITY ordinance or a violation of a state law or
ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor.
The term "PORT ANGELES prisoner" shall not include a person arrested for a felony offense by PORT
ANGELES police, a person arrested on a warrant issued by another jurisdiction or for charges initiated by a non
PORT ANGELES 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 Dailv Fee:
A. Beginning January 1,2004, PORT ANGELES agrees to pay FORKS a daily per inmate fee for the housing of
prisoners in the FORKS Jail. 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. The base
daily rate shall be $50.04 each for 1-2 prisoners, $47.54 each for 3 or more, calculated on a daily basis, with
CPI-U rate adiustments effective January 2005 and each year thereafter. This annual adiustment shall be based
on the Seattle CPI-U.
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B. Prisoner fees shall be billed by the CITY of FORKS each month and PORT ANGELES 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.
4. Partial Confinement and Alternative Confinement Programs:
PORT ANGELES prisoners shall be considered for FORKS alternative and partial confmement programs on an
equal basis with FORKS prisoners, and subject to the same rules and regulations, as well as potential sanctions, for
program rule violations. Prisoner participation in such programs may be limited to an operational capacity as
identified by FORKS. Alternative and partial confinement programs shall include, but not be limited to, Work
Release and Work Crew. It is understood by the parties that the term alternative confmement programs shall not
include electronic home monitoring.
Where offenders pay a fee to FORKS for program participation, such fees shall be deducted from the confmement
daily fee.
Where PORT ANGELES prisoners are in a FORKS Work Crew assignment, they shall be credited with one day of
"good time" for each day that they are assigned to the Work Crew. Inmates must "earn" good time by working
assigned areas, "good time" is not earned for those choosing not to work.
5. Designated Administrators:
The FORKS Police Chief in consultation with the PORT ANGELES Police Chief shall administer this agreement
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.
6. Medical Costs:
Medical costs for emergency or necessary health care for PORT ANGELES prisoners shall be the responsibility of
PORT ANGELES. PORT ANGELES retains the option to contract with medical providers to provide medical
services to PORT ANGELES prisoners.
FORKS shall notify PORT ANGELES prior to outside medical care being provided for a PORT ANGELES
prisoner; provided, however, that when emergency medical care is required in life-threatening circumstances, the
notification may occur as soon as practicable.
7. Transportation:
Transportation of PORT ANGELES prisoners to the FORKS jail facilities will be provided by the FORKS Police
Department as needed, but not to exceed three times per calendar week. The one-way rate for transportation shall
be $10 per prisoner. Upon release of PORT ANGELES prisoners, FORKS shall transport the prisoner to the Forks
Transit Center. A one-way ticket to Port Angeles will be issued to the released prisoner. The costs incurred by
FORKS for transit tickets will be included in the monthly billing.
8. Transfer of Custody:
PORT ANGELES law enforcement officers placing arrested persons in custody of the FORKS 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 FORKS booking officer audibly states that the prisoner is secured; at such time and
only then, will FORKS come into custody of said prisoner.
-2-
When custody of a PORT ANGELES prisoner is transferred to FORKS, the PORT ANGELES prisoner shall be
subject to all applicable rules, regulations and standards governing operation of the FORKS jail, including any
emergency security rules imposed by the FORKS Chief of Police or designee. Any PORT ANGELES police
officer delivering a prisoner to FORKS jail shall comply with reasonable rules and regulations of the FORKS jail.
9. Release of PORT ANGELES Prisoner from FORKS Jail: No PORT ANGELES prisoner confmed in the FORKS
jail subject to this agreement shall be released except: (a) when requested by a member of PORT ANGELES
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 PORT ANGELES police or attorneys; (e) if the
prisoner has served his or her sentence or the charge pending against said prisoner has been dismissed; or (1) as
determined by the FORKS Chief of Police as part of a plan to reduce prisoner population as a result of facility
overcrowding.
10. Record Keeping:
A. FORKS agrees to maintain a system of record keeping relative to the booking and confinement of each PORT
ANGELES prisoner in such style and manner as equivalent to FORKS's records pertaining to its own
prisoners. FORKS shall make available, upon request, to PORT ANGELES or its authorized representatives,
copies of said records. Upon disposition of a PORT ANGELES case, PORT ANGELES agrees to timely
report the disposition of such case to FORKS in order to facilitate Fork's maintenance of up-to-date criminal
disposition records.
B. FORKS also agrees to maintain, and allow PORT ANGELES to inspect, records of all revenue and
expenditures pertaining to the confinement services provided for in this agreement.
11. PORT ANGELES Access to Prisoners: All PORT ANGELES police officers, investigators and the prisoner's
assigned counsel shall have the right to interview the prisoners at any time inside the confines of the FORKS jail,
subject only to necessary security rules. Interview rooms will be made available to PORT ANGELES police
officers in equal priority with those of any other department.
12. Equal Treatment of PORT ANGELES Prisoners: PORT ANGELES and FORKS prisoners will be treated equally
for purposes of extradition, transportation, record keeping, and access to special detention programs. During
situations where jail population exceeds maximum capacity, FORKS retains priority for the housing of FORKS
pnsoners.
13. Hold Harmless AfP"eement: FORKS assumes full responsibility for the welfare, safety and safekeeping of all
PORT ANGELES prisoners while in the custody of FORKS. FORKS agrees to indemnify and defend PORT
ANGELES against and hold PORT ANGELES harmless from any liability, claims or causes of action which may
arise as a result of the performance by FORKS of its responsibilities under the terms of the Agreement.
PORT ANGELES agrees to defend, indemnify and hold harmless FORKS, its officials and employees against all
demands and causes of action related to Fork's performance of its responsibilities under this Agreement, resulting
from any alleged illegality or negligence by PORT ANGELES, its officials and employees, regarding any
transportation of PORT ANGELES prisoners to and from FORKS facility by PORT ANGELES personnel, the
lawfulness of housing any PORT ANGELES prisoner in FORKS facility, including but not limited to, false arrest,
unlawful imprisonment and writs of habeas corpus proceedings, and the performance by PORT ANGELES of its
responsibilities under this Agreement.
14. Duration of A~eement: This Agreement shall be effective on January 1, 2004, and said Agreement shall be in
effect for a period of three ill years, renewable annually. The Agreement may be terminated upon written notice
by either party with a minimum 120 days notice.
-3-
.
15. Disputes: Disputes relating to the interpretation or administration of this agreement that cannot be resolved by the
representatives designated herein shall be referred to the FORKS Mayor and PORT ANGELES City Manager or
their designees for settlement.
16. 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 l2-dayof ~~003.
~~. ~~b4
DATEDthiS~ayO~~
1
RM:
APPIT:S TO FORM:
.<J~
City Attorney ~
I,
"
... '.'
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5. ~5~
FORKS CITY JAIL
AGREEMENT FOR PRISONER CONFINEMENT SERVICES
This Agreement is made and entered into this 1 st day of November, 2007, by and
between the CITY OF FORKS, a municipal corporation (hereinafter "FORKS"), and the
CITY OF PORT ANGELES, a municipal corporation (hereinafter "PORT ANGELES").
REPRESENTATIONS:
1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and PORT ANGELES may
enter into an Agreement, through their respective legislative bodies, whereby FORKS
shall furnish jail facilities for PORT ANGELES prisoners upon such terms as may be
mutually agreed upon.
2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of
misdemeanor and gross misdemeanor offenses committed by adults in their
respective jurisdictions, and referred from their respective law enforcement agencies,
whether filed under state law or city ordinance, and must carry out this responsibility
through the use of their, own 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. PORT ANGELES and FORKS agree that the terms and conditions set forth herein are
an acceptable basis for FORKS providing prisoner jail services to PORT ANGELES
for persons committing misdemeanor or gross misdemeanor offenses within PORT
ANGELES limits.
AGREEMENTS:
1 . Availabilitv and Fundinq of Adult Correctional Facilities and Services: FORKS agrees
to furnish its facilities and personnel for the confinement, processing, and related
services for PORT ANGELES prisoners in the same manner and to the same extent
as the FORKS furnishes said services for confinement, processing, and related
activities of its own prisoners. FORKS jail facilities shall be made available and
furnished for holding of PORT ANGELES prisoners serving imposed jail terms, subject
to the conditions herein. Said facilities and services shall meet the requirements of all
applicable state and federal laws.
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1..L./
2. Definition of a PORT ANGELES Prisoner: The term "PORT ANGELES prisoner" as
used in this Agreement shall mean a person arrested by PORT ANGELES police and
held and confined in the FORKS Jail, or otherwise held in detention as provided in this
agreement, pursuant to a violation of a PORT ANGELES 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 "PORT ANGELES prisoner" shall not
include a person arrested for a felony offense by PORT ANGELES police, a person
arrested on a warrant issued by another jurisdiction or for charges initiated by a non
PORT ANGELES 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 Confinement Dailv Fee:
A. Beginning June 01, 2004 PORT ANGELES agrees to pay FORKS a daily per
inmate fee for the housing of prisoners in the FORKS Jail. The daily confinement
fee shall be charged per prisoner for each calendar day or portion thereof,
excluding the release day when a prisoner has been confined for more than one
day. The base daily rate shall be $45.00 each. FORKS will house any PORT
ANGELES prisoner who has a court commitment of 365 days at the special daily
rate of $40.00 each day.
B. This rate shall be adjusted annually, based on the Seattle CPI-U. The first annual
adjustment will be effective March 4, 2008 and each year thereafter.
C. Prisoner fees shall be billed by FORKS each month and PORT ANGELES shall pay
said fees within 30 days of billing. In the event of a mistake, the next billing after
the mistake is discovered will be adjusted appropriately.
4. Partial Confinement and Alternative Confinement Proqrams: PORT ANGELES
prisoners shall be considered for FORKS alternative and partial confinement programs on
an equal basis with FORKS prisoners, and subject to the same rules and regulations, as
well as potential sanctions, for program rule violations. Prisoner participation in such
programs may be limited to an operational capacity as identified by FORKS. Alternative
and partial confinement programs shall include, but not be limited to, Work Release and
Work Crew. It is understood by the parties that the term alternative confinement programs
shall not include electronic home monitoring.
The City of Forks Jail, in cooperation with Peninsula Community College, offers aGED
program to those inmates wishing to genuinely earn their GED.
Where offenders pay a fee to FORKS for program participation, such fees shall be
deducted from the confinement daily fee.
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,.0/
Where PORT ANGELES prisoners are in a FORKS Work Crew assignment, they shall be
credited with five days "good time" for each 30 days that they are assigned to the Work
Crew. "Good time" is earned, and not automatically "given".
5. Desiqnated Administrators: The FORKS Police Chief in consultation with the PORT
ANGELES Police Chief shall administer this agreement. 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.
6. Medical Costs: Medical costs for emergency or necessary health care for PORT
ANGELES prisoners shall be the responsibility of PORT ANGELES. PORT ANGELES
retains the option to contract with medical providers to provide medical services to
PORT ANGELES prisoners.
FORKS shall notify PORT ANGELES prior to outside medical care being provided for
a PORT ANGELES prisoner; provided, however, that when emergency medical care
is required in life-threatening circumstances, the notification may occur as soon as
practicable.
7. Transportation: Transportation of PORT ANGELES prisoners to the FORKS jail
facilities will be provided by the FORKS Police Department as needed, but not to
exceed one time per calendar week. FORKS Police Department will travel to a
mutually agreed upon location for the pick-up. The one-way rate for transportation
shall be included in the daily prisoner rate. Upon release of PORT ANGELES
prisoners, FORKS shall transport the prisoner to the Forks Transit Center. A one-way
ticket to the PORT ANGELES area may be issued to the released prisoner. If the
prisoner is needed for Court during incarceration in the FORKS jail, it will be the
responsibility of PORT ANGELES to transport the prisoner from FORKS jail to Court,
and return.
8. Transfer of Custody: PORT ANGELES law enforcement officers placing arrested
persons in custody of the FORKS 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 FORKS booking officer audibly states that the prisoner is
secured; at such time and only then, will FORKS come into custody of said prisoner.
When. custody of a PORT ANGELES prisoner is transferred to FORKS, the PORT
ANGELES prisoner shall be subject to all applicable rules, regulations and standards
governing operation of the FORKS jail, including any emergency security rules
imposed by the FORKS Chief of Police or designee. Any PORT ANGELES police
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'.
I I. r~
officer delivering a prisoner to FORKS jail shall comply with reasonable rules and
regulations of the FORKS jail.
9. Release of PORT ANGELES Prisoner from FORKS Jail: No PORT ANGELES
prisoner confined in the FORKS jail subject to this agreement shall be released
except: (a) when requested by a member of PORT ANGELES 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 PORT ANGELES police
or attorneys; (e) if the prisoner has served his or her sentence or the charge pending
against said prisoner has been dismissed; or (f) as determined by the FORKS Chief of
Police as part of a plan to reduce prisoner population as a result of facility
overcrowding and safety concerns.
10. Record Keepinq:
A. FORKS agrees to maintain a system of record keeping relative to the booking and
confinement of each PORT ANGELES prisoner in such style and manner as
equivalent to FORKS's records pertaining to its own prisoners. FORKS shall make
available, upon request, to PORT ANGELES or its authorized representatives, copies
of said records. Upon disposition of a PORT ANGELES case, PORT ANGELES
agrees to timely report the disposition of such case to FORKS in order to facilitate
Fork's maintenance of up-to-date criminal disposition records.
B. FORKS also agrees to maintain, and allow PORT ANGELES to inspect, records
of all revenue and expenditures pertaining to the confinement services provided
for in this agreement.
11. PORT ANGELES Access to Prisoners: All PORT ANGELES police officers,
investigators and the prisoner's assigned counsel shall have the right to interview the
prisoners at any time inside the confines of the FORKS jail, subject only to necessary
security rules. Interview rooms will be made available to PORT ANGELES police
officers in equal priority with those of any other department.
12. Equal Treatment of PORT ANGELES Prisoners: PORT ANGELES and FORKS
prisoners will be treated equally for purposes of extradition, transportation, record
keeping, and access to special detention programs. During situations where jail
population exceeds maximum capacity, FORKS retains priority for the housing of
FORKS prisoners.
13. Hold Harmless Aqreement: FORKS assumes full responsibility for the welfare, safety
and safekeeping of all PORT ANGELES prisoners while in the custody of FORKS.
FORKS agrees to indemnify and defend PORT ANGELES against and hold PORT
ANGELES harmless from any liability, claims or causes of action which may arise as a
result of the performance by FORKS of its responsibilities under the terms of the
Agreement.
-4-
, '1..
.. ./,,' \
PORT ANGELES agrees to defend, indemnify and hold harmless FORKS, its officials
and employees against all demands and causes of action related to Fork's
performance of its responsibilities under this Agreement, resulting from any alleged
illegality or negligence by PORT ANGELES, its officials and employees, regarding any
transportation of PORT ANGELES prisoners to and from FORKS facility by PORT
ANGELES personnel, the lawfulness of housing any PORT ANGELES prisoner in
FORKS facility, including but not limited to, false arrest, unlawful imprisonment and
writs of habeas corpus proceedings, and the performance by PORT ANGELES of its
responsibilities under this Agreement.
14. Duration of Aqreement: This Agreement shall be effective on November 01 2007, and
said Agreement shall be in effect for a period of three years, renewable annually. This
Agreement will be renegotiated every three years. The Agreement may be terminated
upon written notice by either party with a minimum 90 days notice. The notice shall
state the grounds for the termination and the specific plans for accommodating the
affected jail population (per RCW 70.48.090 as amended)
15. Disputes: Disputes relating to the interpretation or administration of this agreement
that cannot be resolved by the representatives designated herein shall be referred to
the FORKS Mayor and PORT ANGELES CITY MANAGER or their designees for
settlement.
16. 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.
A,t.... g
DATED this 02,9 day ol~200X.
DATED thiSc2ll~y of November 2007.
~PORT ANGELES
~~~~~
Mayor U
APP~VEDASTO~
V~~Z
City Attorney
-5-
Becky Upton - Upcoming Explratlonsdoc
P_ag~_]_
nl
I
Upcominl?: Expirations - 2003
CIty Clerk Lease File No. 2.18 - Portion of Webster Park to Campfire GIrlS - 10/3/78 - 10/3/03 -
$1 sum total
City Clerk Contract FIle No. 4.349 - Healthcare Management Admmlstrators - Admlmstrative
ServIces Contract for Dental Benefits - 1/1/03 - 12/31/03
CIty Clerk Agreement File No. 5.247 - PENCOM Agreements WIth SeqUlm, FIre Dlstncts #2, #3,
#4, #5, and Lower Elwha Tnbe - 1/1/98 - 12/31/03 - also, agreement WIth NatIOnal Park Service
expIres as of 7/23/03
City Clerk Agreement File No. 5.350 - Department of Transportation - to provide real estate
servIces reo land acqUIsition, relocation, and related services - Extended to 7/19/03
CIty Clerk Agreement File No. 5.413 - LG&E Power Marketing - Power Sales Agreement-
9/30/96 - 9/30/2003
City Clerk Agreement File No. 5.454 - CIty of Forks - Pnsoner Confinement ServIces - 1/1/2000
for three (3) years, renewable annually - to be renegotiated every three (3) years
CIty Clerk Agreement File No. 5.500 - US Netcom - Software Maintenance & Support
Agreement reo AutodIaler used by Customer Services for mght phone calls to customers reo
dehnquent payments - 4/16/02 - 4/15/03
CIty Clerk Agreement File No. 5.521 - Port Angeles School Distnct #121 - HIgh School
Resource Officer Program - 9/9/02 - 6/20/03
CIty Clerk Agreement File No. 5.628 - Roger A. Zegers, dba Systems Design - Ambulance
Transport Billing - 4/1/02 - 6/30/03 w/renewal optIOns
CIty Clerk Easement File No. 7.23 - Burrowes & Fox Easement - 6/15/78 - 6/15/03 - CruIse Map
Agreement - Morse Creek Watershed
--~
~_~~.cky Upton - Upcom"1.~ EXpirations
---------~-~----- - --- -~- - -
.. ____ ~ag~_ ~ ~
From:
To:
Ziomkowski
Date:
Subject:
Becky Upton
Bob Coons; Dan McKeen; Dennis Dickson; Glenn Cutler; Tom Riepe; Yvonne
3/28/03 4:37PM
Upcoming Expirations
Attached is a list of upcoming expirations for various leases, contracts, agreements, etc. Please review
the list for those issues that may fall in your area of responsibility. Please let me know If we are not gOing
to pursue a new or renewed contract so that I can make the appropriate notations in my file index.
Thanks!
Becky