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HomeMy WebLinkAboutLW12-234 - Original - City of Maple Valley - Jail Services - 09/14/2012 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MAPLE VALLEY AND THE CITY OF KENT FOR JAIL SERVICES THIS AGREEMENT is made and entered into by and between the City of Maple Valley ("Maple Valley"), a municipal corporation in the State of Washington and the City of Kent ("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties"). WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Ch. 39.34 RCW, and WHEREAS, the City of Maple Valley incorporated on August 31, 1997; and WHEREAS, pursuant to state law, Maple Valley is responsible for the incarceration of defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor crimes committed in Maple Valley ("Maple Valley Inmates"); and WHEREAS, Maple Valley does not own a facility suitable for incarcerating Maple Valley Inmates, and WHEREAS, Kent, which is located in King County, operates a municipal corrections facility known as the Kent Corrections Facility ("KCF"); and WHEREAS, Kent is willing to provide for the housing of Maple Valley Inmates pursuant to this Agreement; NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is mutually agreed by and between Maple Valley and Kent as follows: 1. Purpose of Agreement. The purpose of this Agreement is to provide for the incarceration of Maple Valley Inmates at the KCF; to establish the services that Kent will provide pursuant to the incarceration of Maple Valley Inmates as well as the responsibilities of Maple Valley; and to set forth the fees to be paid by Maple Valley for such services. 2. Maple Valley Inmate — Defined. A Maple Valley Inmate shall be a person 18 years of age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed in the City Limits of Maple Valley. 3. Jail Services Provided. The KCF shall provide the jail services enumerated in Section 3.1 for Maple Valley Inmates. The KCF, through its personnel, shall provide jail services enumerated herein to Maple Valley at the same level as the KCF provides services to Kent inmates. 3.1. Guaranteed Space. The KCF shall provide Maple Valley with space for two Interlocal Agreement between City of Kent and Maple Valley Page 1 of 6 Maple Valley Inmates for each day that this Agreement is effective. These two spaces shall be referred to as Guaranteed Space. This Guaranteed Space shall be reserved only for Maple Valley Inmates as that term is defined in this Agreement. Maple Valley shall pay for the Guaranteed Space whether or not the Guaranteed Space is occupied by Maple Valley Inmates. 3.2 Additional Space. The KCF may have additional jail space available depending on its jail population, which fluctuates on an hourly basis ("Additional Space") In the event that Maple Valley brings a Maple Valley Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed that Maple Valley is requesting Additional Space, and additional space shall be made available at the discretion of the KCF. In the event that Additional Space is made available, such Additional Space shall be paid for at the rate provided for in Section 4.2.b of this Agreement. In the event that Additional Space is not made available, Maple Valley shall be solely responsible for making other arrangements for the incarceration of the Maple Valley Inmate. 3.2 Jail Services. Maple Valley Inmates shall be subject to the same terms and conditions of confinement as Kent inmates, and shall be subject to the same policies and procedures applicable to Kent inmates. 3.3 Programs — Incarceration Alternatives. Subject to KCF policies and procedures, Maple Valley Inmates shall have the same opportunities as Kent inmates to participate in alternative programs such as but not limited to electronic home monitoring, work release, and work crew. A Maple Valley Inmate participating in a program shall count as a Maple Valley Inmate occupying Guaranteed Space, or if there are more than two Maple Valley Inmates, Additional Space 3.4 Medical Services and Medications. Maple Valley Inmates shall receive the same level of medical care, and medications under the same circumstances, as Kent inmates. Medical care and medications which are provided by Occupational Health Services ("OHS") staff on contract with the KCF and at the KCF shall be included in the cost of incarceration. Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Maple Valley Inmate, but which is provided to a Maple Valley Inmate at a location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be an additional cost to Maple Valley, and Maple Valley shall be responsible for payment of such costs to the provider of such medical care For example, and not by way of limitation, in the event a Maple Valley Inmate must be transported to a medical facility for treatment, the cost of medical treatment at the medical facility shall be a cost paid solely by Maple Valley, and Kent shall not be responsible for any part of the cost Any bills or requests for payment of such costs shall be delivered to Maple Valley for payment or settlement. 3.5 Booking of Ill or Injured Maple Valley Inmates. It is recognized that the KCF is not well equipped to handle inmates with major medical emergencies or needs. Maple Valley shall endeavor to find an alternative to booking Maple Valley Inmates with major medical emergencies or needs at the KCF. Interlocal Agreement between City of Kent and Maple Valley Page 2 of 6 3.6 Medical Transportation Costs. The costs of transporting Maple Valley Inmates to medical facilities shall be paid by Maple Valley and shall not be included in the payment for Guaranteed Space; provided, at the sole discretion of the KCF, the KCF staff may transport a Maple Valley Inmate to a medical facility, and in such case, Maple Valley shall not be charged for such transport. Any bills or requests for payment of medical transportation costs shall be delivered to Maple Valley for payment or settlement. 3.7 Transporting Maple Valley Inmates to Court or Other Jail facilities. Maple Valley shall arrange for the transport of Maple Valley Inmates to all court appearances and to other jails as necessary. Kent shall not be responsible for transporting Maple Valley Inmates to court or other jails; provided, at the sole discretion of the KCF, the KCF staff may transport a Maple Valley Inmate to the Kent Municipal Court, and in such case, Maple Valley shall not be charged for such transport. 3.8 Video Court Services KCF shall make available the KCF library and video link between the KCF and the Kent Court in order to facilitate video hearings by the Maple Valley Court for Maple Valley Inmates incarcerated at the KCF. The scheduling of video link usage shall be mutually agreed upon by Kent and Maple Valley. 3.9 Maple Valley Inmates — Meeting Space for Defense Counsel. KCF shall make space available for Maple Valley Inmates to meet with private counsel and indigent defense counsel in order to provide inmates with the effective assistance of counsel. 3.10 Release of Maple Valley Inmates—KCF shall release Maple Valley Inmates pursuant to a signed order from the Maple Valley Court Judge or duly appointed Maple Valley Judge Pro Tem. KCF shall accept the Maple Valley Judge's orders sent via facsimile or other form of electronic transmission to the KCF. 4. Fees. In consideration of the services enumerated in Section 3 of this Agreement, the Parties agree to the following fees and charges. 4.1. Fixed Fees for Guaranteed Space. Maple Valley shall pay for Guaranteed Space, as that phrase is described elsewhere in this Agreement, at a rate of$220 00 per day ($80,300.00 per year). 4.2 Variable Fees for Booking and Additional Space. Maple Valley shall pay the following for Additional Space as that phrase is defined in Section 4.2.b of this Agreement: a. Fees for Booking. Kent shall invoice Maple Valley for booking fees in the amount of $35.00 per booking For the purposes of this section, "booking" shall mean each instance in which a Maple Valley Inmate is booked into the jail after a period in which he or she was not subject to confinement or participating in a jail program Maple Valley Inmates who are transported for a court hearing and then transported back to the KCF at the conclusion of the hearing will not be considered booked when readmitted to the KCF. Inmates who return to the Interlocal Agreement between City of Kent and Maple Valley Page 3 of 6 KCF on their own free will after a temporary release or medical release shall not be considered booked when readmitted to the KCF. b. Additional Space - Daily Rate. The daily rate for Additional Space for each additional Maple Valley Inmate who occupies the KCF over and above the Guaranteed Space shall be $135.00 per day A full day shall be charged for any Maple Valley Inmate who occupies Additional Space for any period of a day. For example, and not by limitation, a Maple Valley Inmate who is booked into the KCF on Monday at 9:00 p.m., and released the following Tuesday at 1.00 pm shall be deemed to have spent two days in the KCF, and the cost of the daily rate shall be 2 X $135.00, for a total of$270.00. 5. Billin( and Payment. Kent shall bill Maple Valley no less than quarterly for all fixed and variable fees as set forth in Section 4 of this Agreement The bill shall identify the Maple Valley Inmates who occupied the KCF during the quarter by name, as well as the number of days each Maple Valley Inmate occupied jail space. The bill shall also provide the booking date and inmate name for any booking fee charged. Maple Valley shall pay to Kent the amounts billed within 30 days of receipt of such bill. The failure of Kent to bill Maple Valley for such services shall not relieve Maple Valley of the responsibility for paying any fixed or variable fees. The parties may agree in writing to an alternate method or timing for billing and payment. 6. Effective Date - Duration This Agreement shall be effective as of the later date of execution by either party and shall terminate at 11:59 PM on December 31, 2014. The Parties may extend this Agreement by separate written agreement. 7. Termination -Notice. a. Termination without Breach. Should either party desire to terminate this Agreement absent a breach, a Notice of Termination shall be provided to the other party by July 1 of any given year in which this Agreement is effective. In no event shall a notice of intent to terminate without a breach contain an effective date of termination prior to December 31 of any given year. b. Termination for Breach. In the event a party is in material breach of this Agreement, the breaching party shall be provided with 30 calendar days to cure the breach, and if that party fails to do so, this Agreement may be terminated by written notice issued by the non-breaching party. 8. Financin¢. There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement, except asset forth herein There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. 9. Property. This Agreement does not provide for the acquisition, holding or disposal of real or personal property. Interlocal Agreement between City of Kent and Maple Valley Page 4 of 6 10. Joint Administrative Board. No separate legal or administrative entity is created by this Agreement To the extent necessary, this Agreement shall be administered by the City Attorney for Maple Valley or his/her designee, and the City Attorney for Kent or his/her designee. 11. Indemnification. 11.1. Kent shall indemnify and hold harmless Maple Valley 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 any reason of or arising out of any act or omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against Maple Valley, Kent shall defend the same at its sole cost and expense, provided that Maple Valley retains the right to participate in said suit; and if final judgment be rendered against Maple Valley, and its officers, agents, and employees, or any of them, or jointly against Maple Valley and Kent and their respective officers, agents, and employees, or any of them, the parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 11.2. Maple Valley shall indemnify and hold harmless Kent 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 any reason of or arising out of any act or omission of Maple Valley, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Maple Valley shall defend the same at its sole cost and expense: provided that Kent retains the right to participate in said; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Maple Valley and their respective officers, agents, and employees, or any of them, the parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 11.3. The provisions of this Section shall survive termination of this Agreement. 12. Entire A Jreement. This Agreement constitutes the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 13. Notices. Notices shall be sent to the following addresses: City Manager Mayor City of Maple Valley City of Kent P.O. Box 320 220 Fourth Ave S Maple Valley, WA 98038 Kent, WA 98032 Interlocal Agreement between City of Kent and Maple Valley Page 5 of 6 With a copy to: With a copy to: City Attorney City Attorney 14. Attorney's Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement. 15. Severability. 15.1. If, for any reason, any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 15.2. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY F MAPLE JE i CITY OF KENT Luli avid W. Johnston buz CJok e City Manager ATTEST: ATTEST: Shaunna Lee-Rice Brenda Jacober City Clerk City Clerk Approved as to Form: Approved as to Form: Christy A Todd ToJO Brubaker City Attorney City Attorney Interlocal Agreement behveen City of Kent and Maple Valley Page 6 of 6 \ 0 REQUEST FOR MAYOR'S SIGNATURE v KtNT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Kim Komoti, Phone (Originator): 5788 Date Sent- 9/6/12 Date Required: 9/11/12 Return Signed Document to:Kim Komoto CONTRACT TERMINATION DATE: 12-31-2014 VENDOR NAME: City of Maple Valley DATE OF COUNCIL APPROVAL: Au ust 7, 2012 Brief Explanation of Document: Interlocal Agreement between the City of Maple Valley and the City of Kent for Municipal ]all Services. All Contracts Must Be Routed Through The Law Department-. +'�✓ir (This area to be completed by the Law Department) Received: NED `1111 Approval of Law Dept. 7 Z012 -7'� SE� 4`1 Law Dept. Comments: Date Forwarded to Mayor: iv Shaded Areas To Be Completed By Administration Staff Received: i r�\ 9 Recommendations and Comments: Disposition: Date Returned: