HomeMy WebLinkAboutNisqually Indian Reservationtherefore be as tolhms:
Tail Services Agreement
Between Nisqually and Mason
NISQUALLY JAIL SERVICE AGREEMENT
l 4t 2015
THIS AGREEMENT is made and entered into on this clay of f t-Il^ by and between
the Nisqually Indian Reservation, a Federally Recognized Indian Tribe, hereinafter referred to as "h isqually"
and Mason County, hereinafter referred to as "Mason" This agreement is for the housing of inmates of
Mason in the Nisqually Detention and Corrections Center hereinafter referred to as "jail" pursuant to
Chapters 39.34 and 70 48 RCW.
THE PARTIES -HEREBY AGREE as follows:
1. SERVICE, Nisqually shall carefor prisoners placed in thc custody of officers of the Nisqually
Jail. The term "prisoner" shall include any person arrested, sentenced by the court or held
under authority of any law or ordinance of Mason; provided, that the Nisqually Police Chief or
the Nisqually Corrections Director shall have the right to refuse to accept custody if in his/her
opinion that it would result in overcrowding of the jail, health, safety or security risks.
2. CARE "Care" shall mean room and board. In addition, prisoners housed pursuant to this
agreentunt shall be subject to the same rules, regulations required of other prisoners housed in
the Nisqually jail.
3. DURATION OF CONTRACT. The term of this agreement shall he for five (5) years,
beginning Jintuary 1, 2015. Either party may terminate this agreement, without cause, upon
thirty (30) days written notice to the other party. Any notice required or permitted to be given
under this Agreement shall be deemed sufficient if given in writing and sent by Certified Mail
to:
Mason:
Mason County Sheriffs Office
Chief Tom Haugen
PO BOX 1037
Shelton, WA 98584
Nisqually: Allen Frazier, Interim Chief Executive Officer
4820 She-Nah-Nurn Dr. S.E.
Olympia, WA 98513
4. RELEASE. Prisoners shall only be released when they have served their full sentence unless
•elease is authorized by any other provision of this agreement or is ordered by a court of
competent jurisdiction
5. RATE/PAYMENT. Mason shall pay to Nisqually the amount of $20.00 for a booking fee for
each and every prisoner booked in to the Jail and $65.00 per day per prisoner A day' is the
twenty-four hour period beginning at 12,00 a.m. rind ending at l 1:59 p.m. in the Pacific Time
Zone. Mason shall be charged thc booking fee csty for anything less than two (2) hours of
custody time. Nisqually Null submit a monthly invoice to Mason for its prisoners housed
pursuant to this -agreement, as well as any incidental costs such as transportation. Mason shall
pay such invoices within 45 days of receipt. Interest at the rate of 12% per annum shall bc
charged on all past dub accounts.
The rate shall increase b) $2.50 per day per bed each calendar year beginning January 1, 2015.
The maximum per day per prisoner rate shall be $75 00, Thej daily rate per prisoner will
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Page 1 Nisqually Mason
2015 Sixty Five Dollars
2016 Sixty Seven Dollars & F►(ly Cents
2017 Seventy Dollars
2018 Seventy TIso Dollars and Fifty Cents
2019 Seventy Fit e Dollars
($65.00)
(S67.50)
($70.00)
($72.50)
($75.00)
Without prejudice to any other contract rights available to it, if Mason does not pay the invoice
with Sixty (60) days of receipt of invoice Nisqually acting through its Police Chiefwill not
accept piisoners until the delinquent amount is paid in full.
6. ]MEDICAL CARE Mason shall be solely responsible for the medical care and medical
expenses of prisoners housed pursuant to this agreement. provided that if the prisoner has his or
her awn medical coverage, Nisqually will coordinate with Mason so that such insurance may be
utilized. In the event that a prisoner requests non -urgent medical care, Nisqually shall contact
Mason for approval. Mason shall provide Nisqually with the names and telephone numbers of
designated contact people who shall be available on a twenty-four hour basis. Failure of Mason
to approve medical care shall relieve Nisqually of liability to Mason for an} injury resulting
therefrom. Nisqually shall keep accurate documented records of inmates needing/requesting
medical treatment, to include the approving/denying person of authority at Mason County. In
the event that Nisqually deems a prisoner to be in need of urgent or emergency care, Nisqually
shall make the best efforts to contact Mason, but may take any action it duals necessary to
pro) ide the prisoner ):ith ll:e needed care without obtaining prior approval.
To the extent permitted by state law, Mason shall protect, defend, hold harmless and indemnify
Nisqually from and against all claims suits and 'fictions relating to the medical care of prisoners
housed under this agreement Ivhich result from the failure of Mason to approve such care or for
any reason other than injuries and harm resulting froin thc negligent or intentional acts or
omissions of Nisqually or its officers.
7, TRANSPORTATION. Mason shall bo solely responsible for famishing transportation for
puso iers housed pursuant to this agreement. Mason may request that Nisqually provide
necessary transportation and Nisqually shall make best efforts to provide such transportation,
subject to staff availability Mason shall icimburse Nisqually for costs incurred for
transpotation. Such costs shall include mirage at the rate of $l 00 per mile, labor and
overhead (.5 x labor). Nisqually shall not transport any prisoner without the express agreement
of Mason unless such transportation is requited by a court order or because of a medical
emergency.
8. CUSTODY TRANSFER. Officers of Mason placing a prisoner in custody of Nisqually will
be required to remain in the immediate presence of thc prisoner at all times until relieved of
custody by Nisqually Corrections Staff Booking out and/or release of Mason's prisoners shall
be the responsibility of Mason Officers.
9. COUNTY ACCESS TO PRISONERS. All Mason law enforcement officers and investigators
directed by the Mason Cou► ty Attorney shall have the right to interview the prisoner inside the
confines of the Nisqually Jail subject only to necessity security roles. Interview rooins «ill be
made available to Mason law enforcement officers, investigators, and attorneys in equal priority
with those of any other department, including the Nisqually law enforcement personnel
10. RELEASE OF' MASON PRISONERS FROM NISOCiALLY. No Mason Prisoner confined
in the Nisqually Jail shall be removed theidram except:
Jail Services Agreement
Between Nisqually and Mason Page 2 Nisqually Mason
a. When requested by Mason Sheriff's Department in writing;
b. B) Order of the Mason County District Court or the Mason County Superior
Court in those matters in which said courts have, jurisdiction;
c. For appearance in the court in which a Mason prisoner is charged;
d. in compliance with a writ of habeas corpus;
e. For interviews by the Mason County Attorney or member of the Mason
County Sheriff's Department;
f. If the prisoner has served his sentence or the charge pending against said
prisoner has been dismissed or bail or other recognizance has been posted as
required by the courts.
11. INDEMNIFICATION. Mason shall protect, defend, save harmless and indemnify Nisqually,
its officers, agents and employees flora and against all claims, suits and actions ansing from
intentional or negligent acts or omissions of Mason in performance of this agreement.
Nisqually shall protect, defend, save harmless and indemnify Mason, its officers, agents and
employees from and against all claims, suits and actions arising from intentional or negligent
acts or omissions of Nisqually in performance of this agreement
Both parties agree to provide immediate notice of any claim or loss against Nisqually arising
out of the services provided under this Agreement Mason assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or
claims if they arc likely to involve Mason.
The terms of Section 1 I "Indemnification" shall survive the expiration or earlier tcnniiation of
the Agreement.
12. INSURANCE. Each party shall obtain and maintain occurrence based insurance that provides
liability coverage in the minimum liability limits of three Million Dollars ($3,000 000.00) per
occurrence and three Million Dollars ($3,000,000.00) in the aggregate for Its conduct in
creating liability exposure, related to the confinement of inmates, including general liability,
errors and omissions, auto liability and police professional liability. The insurance policy(ies)
shall prow ide coverage for any liability occurrence during the policy period, regardless of when
any claini or law suit is filed. Further, Nisqually will name M'ison, its officials, employees and
agents as Additional Insureds.
It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by both parties or the indemnifying party, is intended to apply first and on a primary
non-contributing basis in relation to any other insurance or self-insurance ayailablc to County.
Proof of complhnce with these inswance requirements, consisting of endorsements and
certificates of insurance shill be delivered by both parties upon the execution of the Agreement.
Both parties will renew the required coverage annually as long as the Agreement is in effect and
its officials, employees or agents face an exposure from operations of tiny type pursuant to this
lgreement.. This obligation applies whether or not the Agreement is canceled or terminited for
any reason.
Nisqually agrees to provide Mason written notice 30 days prior to any cancellation of such
liability coverage or of any material alteration or non -renewal of any such coverage, other than
foi non-payment of premium.
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Tail Services Agreement ( 1 \
Between Nisqually and Mason Page 3 Nisqually
Unless otherwise approved by either party, insurance provided pursuant to these requirements
shall be by insurers authoiizcd to do business in Washington and with a minimum A.M. Best
rating of A -Nil
It is the express understanding of the parties that Mason County is a County Government and is
self -insured. Mason agrees to provide Nisqua115 with a Certificate of Insurance meeting the
insurance requirements as outlined in the Agreement.
13. NON DISCRIMINATION. Nisqually Tribe, its assignees, delegates or subcontractors shall
not discriminate agai ist any person in performance of any of its obligations under the
Agreement on the basis of race color, creed, religion, national origin, age, sex, marital status,
and veteran status or the presence or perceived presence of any disability.
14. RECORD RETENTION. Nisqually shall preserve and maintain all records relating to the
performance of work under this Agreement to the extent required by Tribal, state and federal
lav%. Records shall include any paper, correspondence, completed form, bound record book
photograph, film, sound recording map drawing machine-readable material, compact disc
meeting current industr) ISO specifications or other document, regardless of physical form or
characteristics, and including such copies thereof.
15. PREA COMPLIANCE. Nisqually complies with or exceeds the standards set forth in the
Prison Rape Elimination Act and, in accordance with 28 C.F.R Part 115,12, shall allow Mason
staff to monitor its facility with reasonable notice to ensure compliance thereto
16. VENUE AND CHOICE OF LAW.
The Nisqually Indian Tribe is a Sovereign Nation v,ith all immunities attendant thereto WITH
THE FOLLOWING EXCEPTION THAT THE PARTIES TO PHIS AGREEMENT
HAVE SPECIFICALLY NEGOTIATED:
The Nisqually Indian Tribe does hereby expressly consent to venue in the courts of the State of
Washington for any legll dispute by and between the parties to this agreement and further
agrees that any such dispute shall be interpreted pursuant to the laws of the state of Washington.
IN WITNESS WHEREOF, the parties have executed this Agreement on this date, the
are i 2015.
MASON COUNTY:
i r
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ll U er,;(iLe.41
Approved as to legal form only:
Jail Services Agreement
Between Nisqually and Mason Page 4
NISQUALLY INDIAN TRIBE:
day of
2/,4
Allen Frazter, Interim C lief Exeive Officer
Nisqually
Mason t.dunty Attorney Nisqually Tribal Attorney
Jail Services Agreement
Between Nisqually and Mason Page 5
Nisqually