06-058 Jail Services •
Return to: Daniela Erickson, Clerk of the Board
Board of County Commissioners
1116 W. Broadway
Spokane,Washington 99260
JNTERLOCAL AGREEMENT FOR JAIL SERVICES
IN THE CITY OF SPOKANE VALLEY
(January 1,2005—December 31,2005) 6 06?4
THIS AGREEMENT, made and entered into by and between Spokane County, a political
subdivision of the State of Washington, having offices for the transaction of business at 1116 West
Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY" and the City of
Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of
business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington
99206, hereinafter referred to as "CITY," and the Spokane County Sheriff, having offices for the
transaction of business at 1 100 West Mallon Avenue, Spokane, Washington 99260, hereinafter referred to
as the "SHERIFF,"jointly hereinafter referred to as the "PARTIES." The COUNTY, SHERIFF and CITY
agree as follows.
SECTION NO. 1: RECITALS AND FINDINGS
(a) The Board of County Commissioners of Spokane County has the care of County property
and the management of County funds and business under RCW 36.32.120(6).
(b) Counties and cities may contract with each other to perform certain functions which each
may legally perform under chapter 39.34 RCW(Interlocal Cooperation Act).
(c) Pursuant to the provisions of chapter 70.48 RCW, Spokane County has constructed a
facility for holding and detaining individuals arrested, charged or serving terms for the commission of
certain criminal offenses,said facility is located at 1 100 \Vest Mallon Avenue, Spokane, Washington.
(d) Pursuant to the provisions of RCW 70.48.090, contracts may be entered into between
counties and cities for Jail services.
(e) The City of Spokane Valley desires to utilize the services of Spokane County and Spokane
County Sheriff for the purpose of housing its prisoners.
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IC? C06-58
SECTION NO.2: DEFINiTIONS
(a) Agreement: "Agreement" means this interlocal Agreement between the CITY and
COUNTY regarding Jail Services.
(b) City: "CITY" means the City of Spokane Valley.
(c) County: "COUNTY"means Spokane County.
(d) Maintenance and Operations: "Maintenance and Operations" and "M&O" shall mean (I)
those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as
prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as
such expenditures are directly attributable and proportionate to services rendered to CITY under the terms
of this Agreement.
(c) Services: "Services"means those services identified in Exhibit 1.
(I) Compensation: "Compensation" means that methodology set forth in Exhibit 2 used to
establish the amount of money which the CITY will pay the COUNTY for providing Services.
(g) Capital Improvement: "Capital Improvement" shall mean any expenditure in excess of
$1999.99 or such higher figure as set by the COUNTY as the capitalization threshold during the term of
the Agreement. The COUNTY shall give the CITY advance notice of any increase in the capitalization
threshold. The PARTIES agree to meet and discuss the impacts of any change in the capitalization
threshold which will cause an increase of costs to the CITY in excess of $50,000.00. Any such
expenditure will be coded as provided for in the BARS-manual adopted by the State of Washington
under RCW 43.88.
(h) Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic
eruptions, lightning or earthquakes at or near where.the Services are performed and/or that directly affect
providing of such Services.
(I) City Prisoner: "City Prisoner" means a person booked into the Jail when a CITY charge is
the principal basis for booking the person as set forth in Exhibit 2 of this Agreement.
(j) Jail: "Jail" means that facility located at 1 100 West Mallon Avenue, Spokane Washington
and the adult detention building and the third floor of the County-City Public Safety Building located at
1 100 West Mallon Avenue, Spokane Washington.
(k) Booking: "Booking" means the completion of the process of entering all associated
information into the Jail Management System in the creation of a Jail stay.
(I) Report: "Report" means the JMS (Jail Management System) which is a component of the
CA.DIRMS/JMS law enforcement system (Computer Aided Dispatch/Records Management System/Jail
Management System).
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SECTION NO.3: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and
conditions under which the COUNTY and SHERIFF will provide Services on behalf of the CiTY. It is the
intent of the PARTIES that Services to be provided by the COUNTY and SHERIFF will be consistent with
the CITY'S Council/Manager form of government provided for in chapter 35A.13 ROW.
SECTION NO.4: DURATIONAVITIHDRAWAL
This Agreement shall commence on January 1, 2005, and run through December 31,2005, unless one of the
PARTIES provides notice of termination pursuant to Section 14 of this Agreement.
At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year
thereafter effective January l to December 31m- All renewals shall be subject to all terms and conditions
set forth herein except for Exhibit 2.
The PARTIES recognize it highly unlikely that Exhibit 2 setting forth the new billing rates for each year's
Services will be available at the start of any renewal time frame. Accordingly, until a new Exhibit 2 has
been prepared and agreed to between the PARTIES, the PARTIES agree that the COUNTY will bill the
CiTY and the CITY will pay the COUNTY at the same billing rates paid in the previous year. Upon the
PARTIES agreement on a new Exhibit 2, the CITY and COUNTY will reconcile payments to date under the
previous years billing rates with the new billing rates. Any underpayment for any Services will be due in the
first payment due following reconciliation. Any overpayment for any Services will be credited to the first
monthly payment due following the reconciliation. The PARTIES agree that no interest shall be owing by
either Party to the other Party for any overpayment or underpayment determined as a result of the
reconciliation.
Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of
180 days written notice as provided for in Section 7 to the other Party.
SECTION NO.5: COST OF SERVICES AND PAYMENTS
The CITY shall pay the COUNTY the costs for Services provided under this Agreement as set forth in
Exhibit 2, attached hereto and incorporated herein by reference.
The COUNTY uses an outside independent cost allocation plan preparer (the "plan preparer") in
development of daily housing rates and booking fee cost calculations for the Jail. The COUNTY will make
available to the CITY upon request all information which it provides to or receives from its plan preparer.
The plan preparer established 2005 daily housing rates and booking fee costs based on 2003 actual Jail costs
presented to the CITY in July of 2004. Using this methodology,the rates for the 2005 calendar year will be:
Booking. . . $95.04
Detention. . $2.76 per hour
For 2005, the SHERIFF will bill the CITY for the cost of Services monthly, by the 15"of the month for the
previous month. Payments by the CiTY will be due by the 5th day of the following month. At the sole
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option of the COUNTY, a penalty may be assessed on any late. payment by the CITY based on lost interest
earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment
Pool- The CITY may dispute any monthly billing. Pending resolution of any dispute, the PART]ES agree
that the CFI'Y shall pay timely that portion of the bill that is undisputed. In the event the CITY disputes any
monthly billing it shall include in conjunction with the monthly payment a letter stating with specificity the
basis for the dispute. The PARTIES agree to meet within thirty (30) calendar days of the COU rTY's
receipt of the documentation Letter stating the basis for the au disputing any monthly billing to resolve
the matter. Tn the event the PARTIES cannot mutually resolve the matter within the thirty (30) calendar day
time frame, unless otherwise agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute
Resolution provisions set forth in Section Ho. 17. The selection of arbitrators as provided for in Section No.
17 shalt commence within thirty (30) calendar days of the. running of the thirty (30) calendar day time
frame.
Both PARTIES are Foreclosed from challenging any 2005 errors in billings if the matter is not drawn in
writing to the other PARTIES attention within thirty (30) calendar days of the last invoice of the calendar
year. Errors raised within this time frame that are not mutually resolved shall be subject to the Dispute
Resolution provisions set forth in Section No. 17.
Any resolution °fa disputed amount for 2005 through use of the arbitration process identified in Section 17
shall include, at the request of either Party, a determination of whether interest is appropriate, including the
amount.
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Although the CITY has the right to dispute 2005 monthly billings as provided for herein, there is no
reconciliation for 2005 booking and detention fees.
For 2006 and all subsequent years this Agreement is in effect, the plan preparer will establish annual rates
For booking and detention based on the following methodology_
The plan preparer will take the -`target budget" for the .fail- For the purpose of this Agreement, the
terminology "target budget" shall mean that budget prepared by the OLJ TTY Office of Administrative
Services in September of each calendar year for the operation of the Jail in the subsequent calendar year.
The "target budget" takes into consideration the adopted Jail budget for the previous year and adjusts it for
salary kind benefit increases and any supplementary appropriations during that year through September. For
example, the "target budget" for calendar year 2006 is established by the County Office of Administrative
Services in September 2005 using the 2005 adopted 1V18c.0 Jail budget, plus estimated 20065 Salary and
Benefits; plus adjustments fur supplerncntary appropriations to the Jail budget through September 2005-
The plan preparer will then establish a booking fee and detention fee for the Jail using the last half of the
previous year's usage for all users and the first half of the present year's usage for all users. For example,
the plan prepare]. in conjunction with establishing the booking fee and detention fee for 2006 will use the
actual usage for the last halFoF2004 and first half of2005.
The COUNTY taking the booking fee and detention fee established by the plan preparer, and using the
CITY's actual bookings and detentions for the last half of the previous year and the first half of the present
year; will determine a projected annual cost for the following year. For example,the COUNTY rill use the
C]TY's actual number of bookings in the last half of 2004 and first half of 2005 to determine its Injected
booking costs in 20{}6- The COUNTY will use the CITY's actual detention days in the last half of 2004 and
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first half of 2005 to determine its projected detention costs in 2006. This total amount will then be divided
into twelve equal payments.
For 2006 and all subsequent years this Agreement is in effect, the SHERIFF will bill the CITY for the
cost of Services monthly, by the 15th of the month for the previous month. Payments by the CITY will be
due by the 5th day of'the following month. At the sole option of the COUNTY, a penalty may be assessed
on any late payment by the CITY based on lost interest earnings had the payment been timely paid and
invested in the Spokane County Treasurer's Investment Pool.
At the end of the calendar year, using the actual yearly expenditures for the Jail the plan preparcr will
calculate the actual booking fee and detention fee for that year. The COUNTY shall then use actual CiTY
bookings and detentions for that year to determine what the CITY should have paid the COUNTY during
the previous calendar year. To the extent that the CITY overpaid the COUNTY for the previous calendar
year; it shall receive a credit on the next monthly billing following the reconciliation. In the event that the
CITY underpaid the COUNTY for the previous calendar year, it will receive a debit on the next monthly
billing following the reconciliation. in the event that the CITY overpaid the COUNTY and it is the last year
of the Agreement, the COUNTY will pay the CITY any amount owing and due within thirty (30)calendar
days of the reconciliation. In the event that the CITY underpaid the COUNTY and it is the last year of the
Agreement, the CiTY will pay the COUNTY any amount owing and due within thirty(30)calendar days of
the reconciliation. The CITY may dispute the reconciliation as provided for in Section No. 17. It is the
PARTIES intent that any reconciliation take place as soon as possible and accordingly will use their
respective best efforts to timely prepare, disseminate and review all expenditure documentation. The CITY
will have sixty (60) calendar days from its receipt of the expenditure documentation to provide the
COUNTY with any written objections(s)to such documentation. The written objection(s) must specifically
identify the expenditures) in question. The COUNTY agrees to consider all written objections received
from the CITY within thirty (30) calendar days of receipt of the objections(s). In the event that the
PARTIES cannot mutually resolve any written objection(s) submitted by the CITY within the thirty (30)
calendar days time frame, or such other time frame as the PARTIES may mutually agree, the objections
shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 17. Pending
resolution of the objections(s), the PARTIES agree that the CiTY shall pay that portion of the bill that is
undisputed.
Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall
include, at the request of either Party, a determination of whether interest is appropriate, including the
amount.
The COUNTY may charge a fee to recover its costs for booking each inmate pursuant to RCW 70.48.390.
These fees, when recognized as revenue, will be applied against the total costs related to booking inmates in
the current year.
The COUNTY shall notify the CITY by November 1s" of each year of the estimated daily housing and/or
booking rates for the following year. The COUNTY shall provide the CITY with a written copy of its
backup material for the proposed costs.
The COUNTY CEO shall advise the CiTY Manager as soon as possible of any anticipated or
unanticipated capital improvement costs that arise during the contract period. The City shall pay capital
improvement costs either (I) under the Cost Allocation Plan as an indirect cost amortized over the useful
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life of the improvement utilizing straight-line depreciation and incorporating the expected salvage value
of the improvement at the end of its useful life or (2) as a direct cost in the form of a contribution made
to the Equipment Rental and Revolving Fund. The CITY shall be responsible only for capital
improvement costs incurred after March 31, 2003. Any portion of a capital improvement that was paid
for or acquired through separate agreement or with grant proceeds, bond proceeds, user fees, donations,
or any other acquisition method that reflects a contribution on behalf of CITY shall not be included in the
depreciation schedule applied to the CITY. Any capital improvement for which the COUNTY seeks
reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement.
SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING
SERVICES
The COUNTY and SHERIFF or their designees agrees to attend staff meetings as requested by the CITY
Manager.
The COUNTY and SHERIFF or their designees agree to meet upon request by the CITY Manager or his/her
designee to discuss any Service provided under the terms of this Agreement.
The CITY agrees the COUNTY and SHERIFF may use the SHERIFF'S stationery in conjunction with
providing Services under the terms of this Agreement.
SECTION NO. 7: NOTICE
All notices or other communications given hereunder shall be deemed given on: (i)the day such notices or
other communications are received when sent by personal delivery; or(ii)the third day following the day on
which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY,
SHERIFF or the CITY at the address set forth below for such Party, or at such other address as either Party
shall from time-to-time designate by notice in writing to the other Party:
COUNTY: Spokane County Chief Executive Officer
or his/her authorized representative
1 1 16 West Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SHERIFF: Spokane County Sheriff
or his/her authorized representative
1 116 West Broadway Avenue, MS: PSB-I
Spokane, Washington 99260
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SECTION NO.8: REPORTING
Reports — The SHERIFF shall provide the CITY with reports documenting actual usage under this
Agreement at the same time each invoice requesting payment is made, unless otherwise mutually agreed by
the Parties. The Parties agree that the terminology "reports documenting usage" means that type of
information provided by the SHERIFF to the CITY in the 2004 agreement for Services. Such reports shall
be in a format as mutually agreed to between the Parties. The content and/or format for such reports may be
changed from time-to-time by written agreement between CITY and SHERIFF staff.
Records Review—The CITY shall be allowed t:o conduct random reviews of the records generated by the
SHERIFF in performance of this Agreement.. The CITY will provide the SHERIFF with reasonable
advance notice of t:he records reviews. The Parties agree that they will make best efforts to achieve a
resolution of any potential records confidentiality issues, including entering into confidentiality agreements
or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a
records review. If the CITY will be allowed to view only those records directly relating to Services
provided within CITY's corporate boundaries, then the SHERIFF must keep a log of original documents
used to charge the CITY, and those documents must have identifying numbers or letters so the original
source documents can be easily retrieved.
SECTION NO.9: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so executed and
delivered, shall be an original, but such counterparts shall together constitute but one and the same.
SECTION NO. 10: ASSIGNMENT
No Party may assign in whole or part its interest in this Agreement without the written approval of the other
PARTY.
SECTION NO. 11: COUNTY EMPLOYEES
The SHERIFF shall hire, assign, retain and discipline all employees performing Services under this
Agreement according to applicable collective bargaining agreements and applicable state and federal laws.
The SHERIFF agrees to meet and confer with the CITY with respect to staff that is assigned to provide
Services. Issues of discipline or performance will be specifically handled according to SHERIFF policies.
SECTION NO. 12: LIABILITY
For the purpose of this Section,the terminology"COUNTY"shall also include the"SHERIFF."
(a) The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and employees,
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 negligent act or omission of the COUNTY, its officers,
agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the
event that any suit based upon such claim, action, loss, or damages is brought against the CITY, the
COUNTY shall defend the same at its sole cost and expense; provided that the CITY reserves the right to
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participate in said suit if any principle of governmental or public law is involved; and if final judgment in
said suit be rendered against the CITY, and its officers, agents, and employees, or jointly against the CITY
and the COUNTY and their respective officers,agents,and employees, the COUNTY shall satisfy the same.
(b) The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and employees,
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 negligent act or omission of the CiTY, its officers, agents
and employees, relating to or arising out of performing Services pursuant to this Agreement. in the event
that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY
shall defend the same at its sole cost and expense; provided that the COUNTY reserves the right to
participate in said suit if any principle of governmental or public law is involved; and if final judgment in
said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the
COUNTY and the CITY and their respective officers, agents, and employees, the CITY shall satisfy the
same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to
their relative degree of negligence and the right of indemnity shall apply to such proportion.
(d) Where. an officer or employee of a Party is acting under the direction and control of the other Party,
the Party directing and controlling the officer or employee in the activity and/or omission giving rise to
liability shall accept all liability for the other Party's officer or employee's negligence.
(e)Each Party's duty to indemnify shall survive the termination or expiration of the Agreement.
(1) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under
Washington's industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the
extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the
indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and
agreed upon by them.
(g) The COUNTY and the CITY agree to either self insure or purchase policies of insurance covering the
matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with
$5,000,000 aggregate limits including professional liability and auto liability coverages.
SECTION NO. 13: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement. The
SHERIFF shall be an independent contractor and not the agent or employee of the CITY, that the CiTY is
interested only in the results to be achieved and that the right to control the particular manner, method and
means in which the services are performed is solely within the discretion of the SHERIFF. Any and all
employees who provide Services to the CiTY under this Agreement shall be deemed employees solely of
the SHERIFF. The SHERIFF shall be solely responsible for the conduct and actions of all employees under
this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or
representative of the CITY shall be deemed to be an employee, agent, servant or representative of the
SHERIFF for any purpose.
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SECTION NO. 14: MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
SECTION NO. 15: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in conjunction with providing the Services shall
remain with the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to
this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid
the full purchase price for the property or equipment.
SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that
there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No
changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or
addition is in writing,executed by the PARTIES.
This Agreement shall be binding upon the PARTIES hereto,their successors and assigns.
SECTION NO. 17: DISPUTE.RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and
considered by the COUNTY CEO and the CiTY Manager. if the COUNTY CEO and the CITY Manager
cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be
applicable to any arbitration proceeding.
The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The
two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall
be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 R.CW.
The costs of the arbitration panel shall be equally split between the PARTIES..
SECTION NO. 18: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the State of
Washington and it is mutually understood and agreed by each party that this Agreement shall be
governed by the laws of the State of Washington both as to interpretation and performance. Any action at
law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto,
shall be instituted only in courts of competent jurisdiction within Spokane County,Washington.
SECTION NO. 19: SEVERABILITY
The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be
illegal, the validity of the remaining portions or provisions shall not be affected and the rights and
obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should
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appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the
State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed
to modify to conform to such statutory provision.
SECTION NO.20: RECORDS
All public records prepared, owned, used or retained by the COUNTY or SHERIFF in conjunction with
providing Services under the terms of this Agreement shall be deemed CITY property and shall be made
available to the CITY upon request by the CITY Manager subject to the attorney client and attorney work
product privileges set forth in statute, court rule or case law as well as the provisions in RCW 70.48.100.
The COUNTY and SHERIFF will notify the CITY of any public disclosure request under chapter 42.17
RCW for copies or viewing of such records as well as the COUNTY'S response thereto.
SECTION NO.21: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit
or extend the scope or intent of the sections to which they pertain.
SECTION NO. 22: TIME OF ESSENCE OF AGREEMENT
Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its
part to be performed at the time fixed for the performance of the respective obligation by the terms of this
Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages
caused by such delay.
SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
any change in or new law, order, rule or regulation of any nature which renders providing of Services in
accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the
control of the COUNTY which render legally impossible the performance by the COUNTY of its
obligations under this Agreement, shall be deemed not a default under this Agreement.
SECTION NO. 24: FILING
This Agreement shall be filed by the County with such offices or agencies as required by chapter 39.34
RCW.
SECTION NO. 25: EXECUTION AND APPROVAL
The PARTIES warrant that the officers executing below have been duly authorized to act for and on
behalf of the Party for purposes of confirming this Agreement.
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SECTION NO.26: INITIATIVES
The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may
substantially reduce local operating revenue for the CITY, COUNTY, SHERIFF or all PARTIES. The
PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement
in response to budget constraints resulting from the passage of revenue reducing initiative(s). If such an
event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a
timely fashion.
SECTION NO.27. COMPLIANCE WITH LAWS
The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they
may be applicable to the terms of this Agreement.
SECTION NO. 28: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner that would limit
either Party's authority or powers under laws.
SECTION NO. 29: ASSURANCE
The CITY shall pay the COUNTY the true and full cost of all Services provided under this Agreement.
The intent of the Parties is that neither Party will subsidize the other and that the CITY will not subsidize
any other jurisdiction that is receiving similar services.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and
year opposite their respective signatures.
M!1.1
DATEDaa 5 1
, /. %: +� .w. spy IitOARD OF COUNTY COMMISSIONERS
S eo ;yap ��. c uf- SPOKANE COUNTY, WASHINGTON
�l if
.1174 A.. /,_; ;
`1!) SFA $ S ODD MIELKAik, a' m
ATTEST: , cros �_—
Clerk of the Board
/ MARK RJCHAr D, Vice-Chairman
Daniela Erickson
it •1ARRIS, Commissioner
DATED: fi'Z/GC SPOKANE COUNTY SHERIFF
•
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DATED: 7/31/46 CITY OF SPOKANE VALLEY:
ATTEST: `
6 'lL4 David Mercier,City Manager
City Clerk/Deputy City Clerk
APPROVED AS" FORM ONLY:
�`-�'�F ..../.." /
Office oI4he City A mey
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EXHIBIT 1
(I)Acceptance/Incarceration of CITY Prisoners:
(a)The COUNTY and the SHERIFF shall accept CITY prisoners for incarceration in the Jail in the
same manner as COUNTY prisoners and in accordance with then current "Jail Booking Policy for
Crowded Conditions," ("Jail Policy"). The CiTY realizes that there may be occasions when certain
CITY prisoners may not be accepted due to emergent conditions or the criteria set forth in the Jail
Policy.
(b) Incarceration, care and feeding of CiTY prisoners by the COUNTY and SHERIFF shall be in
the same manner as COUNTY prisoners and in accordance with then current published policies
governing the Jail. If an emergency exists or the Jail population becomes too large to be handled in
the Jail, any or all of the CITY prisoners may be released, transferred or temporarily held at another
appropriate facility pursuant to applicable Jail Policies and state and local laws and regulations.
(c) in instances where the CITY chooses to house its prisoners in another incarceration facility
outside of Spokane County, the SHERIFF agrees to accept such prisoners for booking into the Jail
consistent with the Jail Policy.
(2) Jail Operation. The SHiRiFF is responsible for the actual operation and maintenance of the Jail and
shall have charge of all persons confined therein.
(3) Court Appearances. The COUNTY and SHERi:FF shall make CITY prisoners who are housed in the
Jail, available for and transport them to District Court video first appearances and court appearances in the
Spokane County Court Complex as required. For the purpose of this subsection, the terminology "housed"
means book into the Jail or placed in holding cells in the transport area of the Jail. Changes thereto shall be
negotiated under a separate interlocal agreement.
(4)Bail. Any bail received after the normal business hours of the District Court shall be receipted to the Jail
and made available to the CITY.
(5) Delivery and Notification. The CITY shall be responsible for the delivery of male and female CITY
prisoners to the custody of the SHERIFF at the Jail. No person who appears to be sick or injured will be
booked at the Jail until he/she has received proper medical attention.
(6) Booking Procedure. The COUNTY shall book CITY prisoners in accordance with Jail policies and
procedures. Personal property of CITY prisoners will be handled in the same manner as other Jail prisoners.
(7) Medical Treatment. The COUNTY will provide and furnish for CiTY prisoners confined in the Jail that
minor medical care, attention, and treatment that is administered within the Jail. The COUNTY will arrange
for any outside medical treatment as needed for CITY prisoners.
(8) Sentence and Release Documents. The District Court will provide the Jail with sentencing and release
documents in a manner acceptable to the Jail.
Page 13 of 15
FXH mrr 2
(1) Except as otherwise provided, the CITY shall be responsible for the booking fees and detention costs
when a CITY charge is the principal basis for booking a person where one or more of the following
applies, whether pre-trial or post-trial:
(a)The person is booked for violation of a CITY ordinance; or
(b) The person is booked for violation of a misdemeanor or gross misdemeanor committed within
the CITY; or
(c)The person is booked for a warrant relating to(I)(a) and(1)(b)above.
A CITY charge is not the principal basis for confining a person where:
(a) The person is booked exclusively or in combination with other charges by reason of a felony
charge (including 72-hour hold). Provided, after the felony charge is released, the CITY shall be
responsible for booking fees and detention costs as they relate to pending CITY charges;or
(b)The person is booked exclusively or in combination with other charges by reason of a felony
charge that has been reduced to a misdemeanor or gross misdemeanor; or
(c) The person is a federal prisoner who can he removed by a federal agency without regard to
the CITY charges. Provided, this provision does not apply when the federal booking is an
administrative hold pending release of CITY charges.
(2) On multiple charges, it is the intent of the Parties, that the CITY shall pay only those booking fees and
detention costs directly attributable to the booking and detention of'misdemeanor or gross misdemeanor
charges originating from the CITY'S jurisdiction. By way of example, prisoners held or processed on
multiple charges shall be billed as follows:
(a) Prisoner held or processed on both felony and CITY misdemeanor or gross misdemeanor
charges.
(i)Concurrent bookings/detention. No charge, the more serious felony offense will control.
(ii) Consecutive bookings/detention. Upon release of the felony offense the billing for
CITY charges will commence.
(b) CITY misdemeanors or gross misdemeanor charges and COUNTY or another City's
misdemeanors or gross misdemeanor charges.
(i)Concurrent bookings/detention.
(a) Arresting agency will be initially billed when charges are at same level.
Page 14 of 15
(b) CITY will be billed if during transport for another City/County in
transit booking, a CITY charge(s) is found and causes the individual to be booked
and removed from in transit until released on CiTY charge(s).
(3) Detention Costs. Detention costs shall be based on each detention hour a CITY prisoner is detained in
the Jail.
The term "detention hour" shall mean the sixty(60) minute period, or any fraction thereof, that a person
is held in the Jail and shall commence at the time of actual booking as shown on the computer; except,
if the person is released within one-half(1/2)hour, no detention charge shall be incurred.
For the purpose of this paragraph, detention hours, to include any fraction thereof, shall be based upon
half hour increments, rounding to the nearest hour. For example:
29 minutes No charge
30 minutes to 1 hour 29 minutes charged 1 hour
1 hour 30 minutes charged 2 hours
2 hours 30 minutes charged 3 hours
3 hours 30 minutes charged 4 hours
4 hours 30 minutes charged 5 hours
5 hours 30 minutes charged 6 hours
(4) Medical Costs.
(a)The CITY shall pay for any and all medical costs incurred by a person who is in need of medical
services at the time of his/her arrest by a CITY officer, and prior to his/her being booked into the
Jail. The COUNTY, in instances where a medical service provider improperly bills the COUNTY
for such medical services, will forward the billing(s)to the CiTY for payment.
(b) After booking into the Jail, the COUNTY shall pay for any and all medical costs incurred by a
CITY prisoner.
Page 15 of 15
• 1.
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SPOKE �1, ::E 6 4rGQUtUy 7
OFFICE OF COUNTY COMMISSIONERS
TODD MIELKE, 1ST DISTRICT • MARK RICHARD, 2ND DISTRICT • PHILLIP D. HARRIS, 3RD DISTRICT
August 9, 2006
City of Spokane Valley
11707 E. Sprague Ave. .
Spokane WA 99206
Attn.: Chris Bainbridge, City Clerk
Dear Chris,
Enclosed please find the following item:
• (Duplicate Original) "Interlocal Agreement for Jail Services in the City of
Spokane Valley."
The Board approved this item at its regular August 8, 2006 2:00 PM meeting.
Please note that in lieu of recording this document with the County Auditor, I will
be posting the document electronically to the Spokane County web site (as
provided under RCW 39.34.040).
Yours very truly,
ik /
. / '
Daniela Erickson
Clerk of the Board
Spokane County Commissioners
Encl.
1 1 1 6 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0100 • (509) 477-2265