HomeMy WebLinkAboutCAG2010-0984 - Original - City of Enumclaw - Emergency Inmate Housing - 01/01/2010CITY OF
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Ad m i n istration DePartment
February 24,2010
Lt. Curt Lutz
City of Kent Correctional Facility
1230 S. CentralAvenue
Kent, WA 98032
Dear Curt:
Please find enclosed a copy of the Jail services Agreement signed by the city of
Enumclaw's Mayor, City Attorney and City Clerk'
lf you have any questions, please do not hesitate to call Tyler Chilman, Enumclaw
Corrections Sergeant, at 360'6 1 5-5704'
Sincerely,
Yflrrr^t'*
Maureen J. Burwell
Administration Secretary
cc: Tyler Chilman
1339 Griffin Avenue, Enumclaw, Washington 98022. (360) 802-0226 ' FAX (360) 615-5632
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JAIL SERVICES AGREEMENT
THIS AGREEMENT made and entered into between the city of
Enumclaw, a municipal corporation of the state of washingtoh
located at 1705 Wells, Enumclaw, Washington 98022 and the City of
Kent,amunicipalcorporationoftheStateofWashingtonand
pursuant to the City and County Jails Act (RCW 10'48, as amended)'
In accordance with the interlocal Cooperation Act (chapter
39.34 RCW) and in considerati{p. of the conditions herein, the
parties agree as follows:
1. PURPOSE
The Purpose of this agreement is
confinement of the prisoners of the City of
of Enumcl-aw Corrections Facility'
DEFINITIONS
Unlessacontextclearlyshowsanotherusagej-s
i-ntended, the foll-owing terms shall have these meanings in
the agreement:
(1)CityofKentmeansaprisonerhousedintheBnumclaw
corrections Facility .when a city of Kent charge is the
Jail Services AgreemenL
Page 7
January 5, 20J.0
provide for
Kent in the CitY
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principalbasisforconfiningthatperson(e.g.,the
person is confined by reason of a City of Kent
ordj-nance violation pretrial or post trial) ' It
includes' but is not limited Lo' (a) a prisoner
arrestedbyand.bookedbytheCityofKentbyreasonof
an "open charge" or investigati-on of a felony; and a
prisoner detained after a city of Kent "hold" has been
released; (b) it includes an individual arrested by
CityofKentandbookedandhousedintheEnumclaw
Corrections FaciIitY
(2) "Corrections Facility" means a place primarily
designed,staffed,andusedforthehotlsingofadults
chargedwithcrimina]-offense;forthepunishmentand
correction of offenders after conviction of criminal
offense; or for confj-nement during a criminal
investigation or for civil detention to enforce a court
order.Uponthedateoftheexecutionofthis
agreement, the term "iail" includes the City of
Enumcraw corrections Facitity operated by the city of
Enumclaw pursuant to this agreement'
(3) ..Medical Expenses', means any and a1]- costs and fees
Jail- Services Agireement
Page 2
January 6, 2010
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3. .JATL
associated with any form of medical, dental, mental
health or l-ike treatment includj-ng but not limited to
doctors fees, hospitalization costs, doY fees of any
medical practitioner' x-rays, MRIs, cat scans' dental
and vision expenses.
AND HEALTH SERVICES
The city of Enumcl-aw shall accept for confinement. in the
Enumcl-aw Corrections Facitity those peISonS who are the City
of Kent prisoners as defined j-n ArticLe 2 and shall furnish
the city of Kent . with the corrections facility, bookingi and
custodial- services and personnel for confinement of city of
Kent, s inmates at l-east equal to those the city of Enurncl-aw
provides for confinement of its own inmates. The servj-ces
provided herej-n shall include basic medical inspection' AII-
medical- expenses shall- be paid -by the city of Kent holding
the city of Enumclaw harmless therefrom and indemnifying the
city of Enumclaw for any medical expenses that it has to'pay
on behalf of an'inmate of the city of Kent. The services
included herein shalI incl-ude the standard police use
photograph for each pelson booked and hel-d by the city of
Enumclaw for the CitY of Kent
JaiI Services Agreement
Page 3
January 6, 2010
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4. COMPENSATED
TheCityofEnumc]-awherebyauthorizestheuseofthe
Enumclaw Corrections Facility, by the City of Kent ' for
confinement of persons boo.ked and held by the City of Kent'
subject to available space and facilities as may be
+l-'a r-ir-rr nf Rr of Police or his /Lrefdetermined by the city of Enumclaw Chief of Police or r
duly authorized rePresentative'
TheCityofKentagreestopaytheCityofEnumclawthe
sum of FIFTY FIVE DOLLARS ($55.00) per prisoner per 24 hour
period calculated from the initial booking time, (or any
portionofa24hourperiod).Suchpalrmentshal]-bemade
promptlytotheCityofEnumc]awwj-thin20daysafterthe
monthly statement is submitt.ed by the city of Enumcl-aw to the
City of Kent
Eachpartymayexaminetheothersbooksandrecordsto
verify charges. If an examination reveals an improper charge,
the amouiit shal-l be applied to the,next monLh's statement'
5. TERM_-_-'
This agreement shal-I take effect t/1"/2070 and shall
ext.end through 12/3I/2OLO, and shall automatically renew from
Jail Services Agreement
Page 4
January 6, 2010
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year to year unless otherwise modified or terminated as
providedherein.Thisagreementmaybeterminatedbyeither
pafty upon 90 days written notice from the party desirinq
termination. This agreement rnay be modified or canceled in
writing PROVIDED THAT notice of the proposed modification or
cancellation is provided at l-east 90 days prior to the date
on which such modification or cancellation would become
effective
6.INDEMNIFICAT ION/INSURANCE
(A) The City of Kent shall defend, indemnify and hold
harmless the city of Enumclaw and its officers, agents,
and employees, or any of them from any and all claims'
actions, suits, liability, loss, cost' expenses and
rny nature whatsoever' by reason of or
arising out of any action or omission of the City of
Kent, its officers, agents, and employees' or any of
them j-n arresting, d'etaini-ng, charging or transporting
third persons
In the event that any suit based upon such
l-oss or damage is brought against the City of
the City of Kent shall defend the same at its
a claim'
Enumclaw'
sole cost
JaiI Services Agreement
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January 6, 2010
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andexpense;providedthattheCityofEnumclawreLains
the right to participate in said suit if any principal
ofgovernmental-orpublicl-awisinvol-ved;andiffinal
judgement is rendered against the City of Enumclaw' and
its officers, agents, and employees or any of them' or
jointty against the City of Enumcfaw and the City of
Kent and their respective officers' agents' employees'
or any of them, the City of Kent shall satisfy the
same.
(B) The City of Enumclaw shall defend' indemnify and
holdharmfesstheCityofKentanditsofficers'
agents, and employees, or any of them from any and all-
c.l-aims, actions, suj-ts, Iiability' loss' cost'
expenses, and damages of any nature whatsoever' by
reason of or arising out of any action or omission of
the City of Enumcl-aw, its of f ic.ers ' agents ' and
employees, or any of them in confining persons who have
been presented to and accepted by the Enunclaw
Corrections Facility by the City of Kent' its officers'
agents, and employees while said persons are in the
Enumclaw Corrections Facility or in the custody of the
I
Jail Services Agreement
Page 6
JanuarY 6, 201-0
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City of Enumclaw outs j-de the .Enumclaw Corrections
Facility. In the event that any suit based upon such
claim, action, Ioss
CityofKent,theCltyofEnumclawshalldefendthe
sameatitssolecostandexpense^providedthatthe
CityofKentretaj.nstherighttoparticipateinsaid
suit if any principle governmental or public law is
>ndered againstinvolved, and if final judgement be r€
the city of Kent and its officers, agents, and
employees, or any of them, or jointly against the City
ofKentandtheCityofEnumclawandtheirrespective
officers, agents, and employees, or any of them' the
City of Enumclaw shall- satisfy same
(C)Aprisonershallbecometheresponsibilityofthe
Enumclaw Corrections Facility at the point that the
prisoner is booked into the city of Enumclaw Facility
orwheretheprisonerh'Fbeenre]-easedtothecare'
custody and control of the city of Enumclaw. Liability
shal-I transfer to the city of Enumcl-aw at lhis point '
Thearrestingagencysha].Ibehe]-dharmlessbytheCity
ofEnumclawunderthetermsofthissect'ionforall
JaiI Services Agreement
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January 6, 2070
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cl-aims arj-sing out of the detention of the prisqner
except for medical expenses' Accordingly, the City of
Enumc]-aw(CorrectionsFacility)shallbeheldharmless
bytheCityofKentunderthetermsofthisagreement'
for claj-ms arj-sing out of the arrest of the prisoner'
or arising out of any situatj-on occurring prior to the
point where the city of Enumclaw assumes responsibility
for the prisoner.
(D) Each city agrees to provide the other with
evidence of insurance coverage. Each city shal-l obtaj-n
, ai-r^ir.:+.- 1.i*'i+- ^€ rcoveragie. rn minimum liability limits of oNE MILLION AND
00/100DOLLARS($1,000,000.)foritsliability
exposures/ includ.ing comprehensive general J-iabitity'
errors and omissions, auto liability and police
professional liabilitY.
1. NON _ DT SCRIMINAT ION / BQUALI TY OF EMPLOYMENT
OPPORTUNITY
TheCityofEnumclawwi]-lprovideequalemplolrment
opportunity in administerj-ng this Agreement, in implementing
this Agreement, and in administering the Enumcfaw corrections
Facility, and will prohibit. discriminatory treatment.
Jail Services Agreement
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January 6,20r0
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B. REMEDIES
No waiver of ahy right under this aqreement shall be
ef fective unl-ess made in writ.ing' by the authorized
representatj-ve of the party to be,bound thereby. tr'ailure to
insist upon fuII performance on any one or several occasions
does not constitute consent to or waiver of any later non-
performance, nor does pdyment of a billing or continued
performance after notice of a deficiency in performance
constj-tute an acquiescence thereto
Jail
Page
Services AgreemenL
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January 6, 201'0
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9. ENTTRE AGREEMENT
This Aqreemenl represents the entire understanding of
the parties. It supersedes any oial representations that ar9
inconsistent with or modify its terms and conditions
fN WfTNESS WHEREOF' the parties have caused this
Agreement to be executed on the day written below.
CITY OF KENT CITY OF ENUMCLAW
BY:
Ltz Aer
TTT
DATE:a
ATTEST:
City Cl-erk
APPROVED AS TO FORM:
City torney
Jail Services Agreement
Page 10
January 6, 20l-0
City Cler
APPROVED AS TO FORM:
City AttorneY
TITLE:
DATE:
ATTEST:
lvts-
7'?Ll'lO
MOTION: Move to recommend authorizing the Mayor
Agreement on the condition that the Agreement will be
u oses onl
to sign the Jail Services
exercised under emergencY flood
KENT
DATEI
TO:
SUBJECT:
BUDGET IMPACT:
Public SafetY Committee
January 12,2OLO
January L2,20tO
Public Safety Committee
Jail Services Agreement
POLICE DEPARTMENT
Steve Strachan, Chief of Police
Phone: 253-856-5BBB
Fax: 253-856-6802
Address: 220 Fourth Avenue S'
Kent, WA. 98032-5895
suMMARY: The city of Kent correctional Facility (cKcF) requests authorization of the
Agreement with ttre iity of Enumclaw Corrections Facility. The Agreement would only be
exercised in the event of a flood or threat of flood wherein the facility would need to be
evacuated. Certain inmates of the CKCF who would be determined to be ineligible for
release from CKCF for general release to the public would be transported to the City of
Enumclaw Corrections Facility, booked and housed there. Also, during the emergency
evacuation period, any arrests made by the City of Kent will be transported to the City of
Enumclaw for the purpose of booking and housing until their court appearance.
The number of CKCF inmates transported to the City of Enumclaw is expected to be less
than ten percent (10o/o) of the totai ct<cF inmate population. The majority of the CKCF
inmate population *ouid be released from the facility based on an administrative order
from Kent MuniciPal Court.
The City of Kent agrees to pay the City of Enumclaw the sum of fifty-five dollars ($55.00)
per prisoner per Z,+hour period calculated from the initial booking time, (or any portion of
Z Zq norrp.rioO;. fhe City of Kent also agrees to pay the City of Enumclaw for any
medical expenses that it has to pay on behalf of an inmate of the City of Kent.
EXHIBITS: Jail Services Agreement (approved to form by Law Department)
Jail Services Agreement, Enumclaw