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HomeMy WebLinkAboutFranklin Co Correction Facilities Jail Use Agreement11 (JOS 091 2008 CITY OF PASCO - FRANKLIN COUNTY CORRECTIONAL FACILITIES USE AGREEMENT This agreement is made and entered into this day of200T by and between Franklin County, a political subdivision of the State of Washington (hereinafter "County") and the City of Pasco, Washington, a municipal corporation (hereinafter "City"). For and in consideration of the considerations, covenants and agreement contained herein the parties agree as follows: PURPOSE The City, desiring to utilize Franklin County Correctional Facilities (hereinafter "Jail') and its personnel and services maintained by the County for the incarceration of City prisoners, in accordance with the Interlocal Cooperation Act (RCW 39.34) and the City and County Jails Act (RCW 70.48), hereby enters into an agreement with the County for use of jail and its personnel and services for confinement of City prisoners. It is the purpose of this agreement to provide for the joint use by the parties of the jail facilities and its personnel and services at the jail located at the Franklin County Correctional Facilities in the City of Pasco. It. DEFINITIONS A. "City Prisoner" shall mean a person who is booked into the jail pursuant to an arrest, in the City limits of Pasco, by a Pasco Police Officer, for the commission of a misdemeanor. B. "City Prisoner Day' shall mean any portion of a consecutive twenty-four hour period and shall include when a City prisoner is only booked and released, as calculated using the current ULEADS methodology for counting jail days. C. "Average Daily Population" (ADP) is calculated by dividing the total number of prisoner days for all prisoners being held in the jail by the actual number of days in the year. D. "Total Prisoner Days" shall mean the total number of prisoner days for all prisoners housed at the Jail during a specified period of time without regard for the type of program they are being held under such as Trustee, work release, etc., the agency they are being held for, or the criminal charges they are being held on. E. "Jail Budget' for the purpose of this agreement shall not exceed $3,323,659 for the initial term of this agreement and shall only include the following expenses: 1. Budget accounting and reporting system (BARS) line items. a. Personnel and line items assigned to the 2008 Franklin County Corrections Budget #540: $3,024,060. b. Personnel and line items assigned to the 2008 Franklin County Jail Kitchen Budget #550: $263,264. Interlocal Agreement for Correctional Facilities Use - Page 1 2611 IV 2. That portion of the 2008 Franklin County Jail Support Services Budget: a. $25,235 (14.5%) of the Franklin County Auditor's Office Budget specifically identified as a jail expense. b. $7,700 of the Franklin County Information Services Budget specifically identified as a jail expense. c. $3,400 (48%) of the Franklin County Civil Service Budget that is specifically identified as a jail expense. F. "Intake Processing Cost" shall mean that portion of the jail expenditure budget attributable to the wages and benefits of those personnel assigned to the prisoner intake function. For year 2008 the intake processing cost will not exceed $278,100 and will increase in subsequent years only by actual increases to wages and benefits for the respective personnel through their collective bargaining agreement. AVAILABILITY OF JAIL FACILITIES The jail facilities and its personnel and services shall be available, on a space available basis, for confinement of City prisoners held upon arrest, awaiting trial, and serving sentences or jail terms. COMPENSATION FROM CITY The City shall pay the County as total compensation for its provision of jail facilities and personnel as specified herein: A. Jail Budget. The proposed jail budget for any renewal term of this agreement shall be established and provided to each agency housing prisoners at the jail by no later than third Monday in August of the current contract year. This will allow time for review and the filing of a request for binding arbitration (RCW 39.34) if compensation amount cannot be agreed on. B. Budget Approval. For the purposes of calculating prisoner day costs for the current calendar year, the total jail budget shall not exceed the budget approved by Franklin County Commissioners in December of the preceding year (December 2007 for 2008 Budget). C. Preliminary Estimation and Payment of Jail Costs. The City shall remit a monthly payment representing the City's estimated share of jail costs, determined as follows: The estimated jail costs for the respective calendar year will be calculated by dividing the prospective jail budget (2008) by the total prisoner days recorded for the most recent complete calendar year (2006). The product of this process represents the daily prisoner lodging cost and will be multiplied by the total number of prisoner days charged to the City for the most recent complete calendar year (2006). This product will represent the estimated annual prisoner lodging cost for the prospective year (2008). Interlocal Agreement for Correctional Facilities Use - Page 2 2. The prospective (2008) intake processing costs ($278,100) will be multiplied by the difference between the following percentages and the product will represent the estimated intake processing cost adjustment: a. City prisoner days as a percent of total prisoner days for the most recent complete calendar year (2006). b. Number of City bookings as a percent of total Jail bookings for the most recent complete calendar year (2006). 3. Not later than January Il t of prospective calendar year (2008), the estimated annual prisoner lodging cost and the estimated intake processing cost adjustment will be added and the sum divided by 12; the resulting figure will constitute the monthly estimated jail cost to be paid by the City not later than the last day of each month of the prospective calendar year. The Sheriff shall have the right to formally request reduced monthly payment amounts thus assuring against a large credit owing to the City during the Reconciliation Process outlined below. Jail Costs Estimation Formula Jail budget / total prisoner days from prior complete year = Prisoner day rate. Prisoner day rate X City's prisoner days = Estimated Prisoner lodging cost City's percent of total bookings minus City's percent of total prisoner population X Percent of booking cost to be paid for intake processing cost Prisoner lodging cost plus intake processing = Estimated annual City Jail cost Estimated annual City Jail cost / 12 = Monthly payment of estimated City Jail cost D. Reconciliation Process. Not later than February 15` of each calendar year the actual prisoner days experienced in the preceding calendar year will be applied to the formula used for estimated jail cost (below), provided the total annual prisoner days attributed to the jail shall not be less than 38,326 (representing an average of 106 prisoners per day). The resulting annual cost will be compared to the estimated annual cost actually paid by the City. Any amount due the County by the City will be paid within 30 days of invoice to the City. Any amount due the City by the County will be credited in the March billing. 2008 Reconciliation Formula 2008 Jail budget ($3,323,659) / total 2008 prisoner days = 2008 Prisoner day rate 2008 Prisoner day rate X City's 2008 prisoner days = Actual 2008 Prisoner lodging cost City's percent of total bookings minus City's percent of total prisoner population X Percent of $278,100 to be paid for intake processing cost 2008 Actual Prisoner lodging cost plus intake processing = 2008 Actual City Jail cost V. PAYMENT The City agrees to pay the County, by the 15'h of each calendar month, the amount pre - calculated using the formula outlined in Section IV.C, above. The County agrees to credit overpayments by the end of March of the following year (or in subsequent months) Interlocal Agreement for Correctional Facilities Use - Page 3 until total reimbursement has been completed. The City agrees to pay shortages, billed within 30 days of receipt of such billing. VI. MEDICAL COSTS AND TREATMENT A. The County shall have the right to refuse to accept a City prisoner who, at the time of delivery to the jail for confinement, is in need of medical attention until the City has made arrangements satisfactory to the County for such medical attention. B. The County will provide medical services for all prisoners within the jail in accordance with the provisions of WAC 289-20-120. C. In the event a prisoner requires medication or medical or dental treatment or care not available in the health care program within the jail, provided by the County, the City shall be responsible as follows: 1. With respect to City prisoners, the City will be responsible for all medication and all such medical or dental treatment or care to the extent such costs are not paid by the prisoner, insurance, public assistance or other sources. 2. With respect to those prisoners who are not City prisoners, as defined in Section II.A, but who are confined on the basis of charges initiated by City police officers, the City shall reimburse the County for the cost of medication and such medical or dental treatment or care provided to the prisoner prior to disposition of the charges by sentencing or otherwise to the extent that the cost is not paid by the prisoner, insurance, public assistance or other sources. D. The County agrees to use reasonable efforts to obtain reimbursement from the prisoner, insurance, public assistance or other sources, of such costs of medication, medical/dental treatment or care. The County shall, except in cases of emergency which prevent the County from obtaining City authorization, obtain advance authorization from the Chief of Police or his designee whenever a prisoner, for whom the costs of medication, medical/dental treatment or care is the responsibility of the City pursuant to this agreement requires such medication or medical or dental treatment or care. The City agrees to provide to the County, when requested, written verification of any authorization of, or refusal to authorize care or treatment for City prisoner. E. The County shall, subject to the City's authorization required by Section VI.D, have the authority to make arrangement for medication, medical/dental treatment or care not available in the health care program within the jail. F. It is agreed by the parties that the County shall have the authority to determine the existence of emergencies requiring medication, medical/dental treatment or care without the advance authorization from the City specified in Section VI.E. G. The County shall be responsible for all medical expenses due to injuries incurred during the course of a prisoner's incarceration caused by the negligent or intentional act of the County. Interlocal Agreement for Correctional Facilities Use - Page 4 VII. TRANSPORTATION OF PRISONERS The City shall be responsible for all transportation of City prisoners to and from Franklin County Correctional facilities, excepting to and from Pasco Municipal Court at the Public Safety Building and the Franklin County Correctional facilities. VIII. TRANSFER OF CUSTODY City police officers delivering persons to the jail for confinement shall provide the receiving officer of the jail with an arrest warrant, citation, court order, other documentation or a completed detention request form satisfactory to the receiving officer which indicates the legal basis for confinement of the person and in the absence of such documentation the receiving officer may refuse to accept the person for confinement. A. City police officers delivering persons to the jail for confinement shall remain in the immediate presence of such persons, shall be responsible for such person and shall be considered to have such person in their sole custody until the jail receiving officer has accepted documentation for such person's confinement and physical custody of that person and has indicated that the delivering officer may leave. At such time, and only at such time, will the County have assumed custody of and responsibility for the person to be confined. B. City prisoners shall be subject to all applicable rules, regulations and standards governing the operation and security of the jail. All City officers delivering persons to the County jail shall comply with those rules, regulations and standards. IX. ACCESS TO PRISONERS City police officers and investigators shall have the right to interview prisoners at any reasonable time within the jail. City police officers shall be afforded equal priority for use of jail interview rooms with other departments, including Franklin County Sheriffs Department. X. POSTING OF BAIL The County shall serve as agent for the City in receipt of bail bonds or moneys posted for City prisoners only during those hours the courthouse is closed for business. XI. WORK RELEASE In the event that it is desired that a City prisoner participate in the jail Work Release program, City prisoners shall be treated exactly as County prisoners and shall be entitled to participate in the Work Release program solely on a space available basis. XII. CITY PRISONER City Prisoner shall be released from the jail only: A. Upon the authorized, written request of the City police; or Interlocal Agreement for Correctional Facilities Use - Page 5 B. By order of the Court having jurisdiction of a City prisoner and the matter for which such prisoner being confined; or C. For appearance by the prisoner in the Court having jurisdiction of such prisoner; or D. In compliance with a valid Writ of Habeas Corpus; or E. For necessary medical or dental treatment or care not available within the jail; or F. When the prisoner has completed service of the sentence, the charge pending against the prisoner has been dismissed, or bail or other satisfactory recognizance has been posted, as required by the Court. XIII. RECORD KEEPING The County, based on consultation with the City's Chief of Police, agrees to maintain a system of record keeping relative to the booking and confinement of each City prisoner in such a style and manner as is equivalent to the County's records pertaining to its prisoners under the current I/LEADS system. The County shall, within 5 days of the conclusion of each month during the term of this agreement, provide the City with copies of its reports including monthly total prisoner days and City prisoner days including year- to-date total prisoner days and City prisoner days. XIV. INDEMNIFICATION A. The City shall indemnify and hold harmless the County and its officers, agents and employees from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever resulting from, arising out of, or incident to any act or omission of the City, its officers, agents, or employees in the performance of this agreement or in arresting, detaining, charging, transporting, interrogating or otherwise dealing with persons either before or after presentation to and acceptance by the County for confinement in the Jail. In the event that any suit based upon such a claim, action, loss, cost, expense, or damage is brought against the County, the City shall defend the County at its sole cost and expense; provided that the County retains the right to participate in any such suit if any principle of governmental or public law is involved. If final judgment is entered against the County, or its officers, agents, or employees, the City shall satisfy the same in full. B. The County shall indemnify and hold harmless the City and its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, cost, expenses and damages of any nature whatsoever resulting from, arising out of or incident to, any act or omission of the County, its officers, agents or employees in the performance of this agreement or in confining persons who have been presented by the City to and accepted by the County for confinement in the jail while said persons are in the jail or in the custody of the County outside the jail. In the event that any suit based on such a claim, action, loss, cost, expense, or damage is brought against the City, the County shall defend the City at its sole cost and expense; provided that the City retains the right to participate in such suit if any Interlocal Agreement for Correctional Facilities Use - Page 6 principle of governmental or public law is involved. If final judgment is rendered against the City, or its officers, agents, or employees, the County shall satisfy the same in full. XV. NON-DISCRIMINATION POLICY It is the policy of Franklin County that no person shall be subjected to discrimination in the County or by its subcontractors because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. The City shall execute in writing, an assurance that it will comply with the County's Non- discrimination Policy and provide a copy to the County upon execution of the agreement. XVI. AUTHORITY A. This agreement shall become effective upon the approval of the Franklin County Board of Commissioners and the City Council of the City of Pasco, Washington in a manner authorized by law. B. As provided in Section XVII below, the Jail shall be administered by the Franklin County Sheriff and no separate legal or administrative entity is created for the purposes of this agreement. For the purposes of RCW 39.34.030, the Franklin County Sheriff is designated as the administrator responsible for administering this cooperative undertaking. Unless otherwise specifically agreed in writing, any real or personal property acquired, held, or utilized by the parties hereto shall remain the property of the acquiring party subject to full rights of reassignment and disposal. C. Nothing in this agreement shall preclude the City from creating, maintaining, operating or utilizing its own holding and other facilities for City prisoners. XVII. ADMINISTRATION This agreement shall be administered by the Franklin County Sheriff. XVIII. REMEDIES No waiver of any right under this agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to, or waiver of, any continuation of nonperformance or any later nonperformance, nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. XIX. DURATION The term of this agreement shall commence on January 1, 2008 and terminate at midnight, December 31, 2008 (hereinafter referred to as the original term). This agreement shall be automatically renewed for successive one (1) year terms (hereinafter referred to as renewal terms) in accordance with the same terms and conditions as provided herein, however, either party may terminate this agreement at the conclusion of Interlocal Agreement for Correctional Facilities Use - Page 7 the original term or any renewal term by providing the other and the office of the Department of Corrections with written notice of its intent to terminate at least 90 days prior to the conclusion of that term as required by RCW 70.48.090(1). XX. MODIFICATION Final approval for all modifications to the interlocal agreement shall be by the mutual written consent of both parties. XXI. TERMINATION AS BY AGREEMENT In addition to the method of termination by non -renewals provided in Section XIX above, this agreement may be terminated at any time by written agreement of the parties thereto. XXII. DISPUTE RESOLUTION Should any dispute arise concerning the interpretation, enforcement, breach, or default of this agreement, (excluding compensation issues which will be handled as provided for by RCW 39.34) dispute resolution shall be by arbitration located in Pasco, Washington. Arbitration shall be conducted by a mutually agreed arbitrator, however, if the parties are unable to agree on an arbitrator, arbitration shall be by tri -partite arbitration with each party selecting an arbitrator, and the chosen arbitrators selecting the third arbitrator. Arbitration shall be conducted in conformity with the rules established by the American Arbitration Association. Interlocal Agreement for Correctional Facilities Use - Page 8 DATED this OY ay of t 20019 City of Pasco: ATTEST: Deputy City rk APPROVE TO FORM: Leland B. Kerr City Attorney Franklin County: eJ. Corkru Commissioner Robert E. Koch Commissioner Rick Miller Commissioner Richard Lathi Franklin Courdy Sheriff APPROVED AS TO FORM: 1 iz� Ryan erhu Chief Civil Deputy Prosecuting Attorney Interlocal Agreement for Correctional Facilities Use - Page 9 FRANKLIN COUNTY RESOLUTION NO. "'008 091 BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON RE: 2008 CITY OF PASCO - FRANKLIN COUNTY CORRECTIONAL FACILITIES USE AGREEMENT WHEREAS, the City of Pasco desires to utilize Franklin County Correctional Facilities and its personnel and services maintained by the County for the incarceration of City prisoners; and WHEREAS, pursuant to R.C.W. 36.01.010 and R.C.W. 36.32.120 the legislative authority of each county is authorized to enter into contracts on behalf of the County and have the care of County property and management of County funds and business; and WHEREAS, the Board of Franklin County Commissioners constitutes the legislative authority of Franklin County and desires to enter into this arrangement as being in the best interest of Franklin County; NOW, THEREFORE, BE IT RESOLVED the Franklin County Board of Commissioners hereby approves the attached 2008 City of Pasco - Franklin County Correctional Facilities Use Agreement, with said agreement effective January 1, 2008 through December 31, 2008. APPROVED this 27th day of February 2008. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON —1�k 4, — Robert E. Koch, Chair (J:Reso12008 Wgre=mt-Jail&Pasco.doc) '04� 0'e Attest: Rick Miller, Chair Pro Tem 7 , /// Z&I/✓�V.t_�JJ 4NevaJ. le�/.LC�w Board Corkru ember Originals: Auditor cc: Corrections City of Pasco (2) Prosecutor Sheriffs Department (J:Reso12008 Wgre=mt-Jail&Pasco.doc)