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HomeMy WebLinkAboutNisqually Indian Tribe Jail Services Agreement - Interlocal AgreementNisqually Hrdian Tribe Tribal Council Resolution No.I I -2023 A RESOLUTION TO APPROVE AND AUTHORIZE A JAIL SERVICES AGREEMENT 'WITH MASON COUNTY WHEREAS, the Nisqually Indian Tribe is the successor descendent entity of the Nisqually Nation, signatory to the Treaty of Medicine Creek of 1854 (10 Stat. 1132), and unto this day has retained and maintained its Tribal identity, its governing body, and its sovereign powers; and WHEREAS, the Nisqually Indian Tribe is a federally recognized American Indian Tribe organized under its governing Constitution and Bylaws approved by the U,S. Secretary of the Interior on September 9, 1946 and amended on October 28, 1994, pursuant to Section 16 of the Indian Reorganization Act, 25 U.S.C. 476; and WHEREAS, the Nisqually General Council is the duly constituted governing body of the Nisqually Indian Tribe, and the Nisqually Tribal Council is the duly elected representative body of the General Council by the authority of the Tribe's Constitution and Bylaws, as amended; and WHEREAS, Mason County desires to contract with Nisqually for the provision of certain services at the Nisqually Jail; and • WHEREAS, the agreement contains a limited waiver of sovereign immunity that reads as follows; The Nisqually Indian Tribe does hereby expressly consent lojurisdiction of the courts of the State of Washington as having exclusive jurisdiction to hear, resolve and enter final judgment on any legal dispute by and between the parties to this agreement and/or their a fected o facers, officials, and employees, concerning the interpretation of this agreement, enforcement of any of its provisions and any complaints or counterclaims for monetary damages and/or equitable relleffor anv alleged or actual breach of anvpr'ovision ofthis agreement and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters, For this limited purpose only, the Nisqually Indian Tribe does hereby expressly waive its sovereign immunity from suil or defenses in the courts of the Stale of Washington for any such legal claim or complaint as relates to the performance of this agreement, for the interpretation and/or enforcement of this agreement, ant/or for any complaints or counterclaims for monetary damages or equitable relief for any breach of this agreement, and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters, A resolution outlining such waiver and approving this agreement that is signed by Nisqually Tribal Councllmernbers having authority to grant such waiver shall be provided to Mason County as evidence of the limited waiver of sovereign immunity, WHEREAS, the Tribal Council has reviewed, and desires to authorize the execution, delivery and performance of, the attached Jail Services Agreement with Mason County, Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED, that the Nisqually Tribal Council hereby approves and authorizes that certain Jail Services Agreement by and between the Nisqually Indian Tribe and Mason County, a copy of which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED, that the Tribe's Chief Executive Officer is hereby authorized to execute, deliver and cause the performance of said Agreement on behalf of the Tribe, and to take any additional actions necessary or incidental to the performance of the Tribe thereunder. Certification it is hereby certified that the above Resolution was adopted at a regular meeting of the Nisqually Tribal Council held on the 2 hday of S&() 2023 at the Nisqually Administration Building, at which time a quorum was present and voting c FOR C) AGAINST° ABSTENTIONS, William Frank III, Chairman Nisqually Indian Tribe _ c, Jackie Whittington, Secretary Nisqually Indian Tribe Page 2 of 2 NISQUALLY JAIL SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this 3oLday of OCI4B fez, , 2023, by and between the Nisqually Indian Tribe, a Federally Recognized Indian Tribe, hereinafter referred to as "Nisqually" and Mason County, hereinafter referred to as "Mason County." This agreement is for the housing of inmates of Mason County 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 care for prisoners placed in the custody of officers of the Nisqually Jail and cooperate with the County to arrange for video hearings. The term "prisoner" shall include any person arrested, sentenced by the court or held under authority of any law or ordinance of Mason County; 2. REFUSAL OF PRISONERS, The Nisqually Police Chief or the Nisqually Corrections Director shall have the right to refiuse to accept custody if in their opinion the prisoner does not meet medical (or other) criteria for booking. The Nisqually Corrections Director may also refuse to accept custody of a prisoner if doing so would result in overcrowding of the jail, or health, safety or security risks. Nisqually similarly shall have no obligation to receive a Mason County prisoner into custody absent proper documentation providing a legal basis for confining the prisoner. Mason County shall immediately transport any prisoner that is refused booking off the Nisqually Reservation. The parties agree that dumping of inmates denied booking on or near the Nisqually Reservation shall he grounds for immediate for -cause termination of this Agreement. 3. CARE. "Care" shall mean to provide room and board; to provide for the prisoner's physical needs; to retain the prisoner in custody; and to supervise and maintain proper discipline and control. In addition, prisoners housed pursuant to this Agreement shall be subject to the same rules and regulations required of other prisoners housed in the Nisqually Jail. Such rules and regulations shall comport with Washington state law, and federal law regarding issues of civil rights and due process of prisoners. 4. DURATION OF CONTRACT. The term of this agreement shall be for five (5) years, beginning_October l,st2023. The agreement may be terminated without cause by either party by providing the other party with sixty (60) days written notice. Notice shall be deemed proper when provided to: Jail Services Agreement Between Nisqually and Mason County Page 1 Nisqually: Chief Executive Officer Nisqually Indian Tribe 4820 She-Nab-Num Dr. S.E. Olympia, WA 98513 5. RELEASE. Prisoners will only be released when they have served their full time unless release is authorized by any other provision of this Agreement or is ordered by a court of competent jurisdiction. 6. NO GUARANTEED MINIMUM BED SPACE. Nisqually does not guarantee bed space. Bed space will be provided on a space -available basis. Nisqually shall have sole and unfettered discretion in determining whether or not space is available. Mason County shall immediately transport any prisoner denied booking off the Nisqually Reservation. Dumping of inmates on or near the Nisqually Reservation shall he grounds for immediate termination of this Agreement. 7. RATE/PAYMENT. Mason County shall pay to Nisqually the amount of $130.00 per day (Basic Inmate Rate) per inmate for care. A 'day" is the Nventy-four hour period beginning at 12:00 a.m. and ending at 11:59 p.m. in the Pacific Time Zone. Basic inmate Rate will increase by 5% annually on January 1. Mason County shall pay such invoices within 30 days of receipt. Interest at the rate of 12% per annum shall be charged on all past due accounts. Without prejudice to any other contract rights available to it, if Mason County does not pay the invoice within Sixty (60) days of receipt of invoice, Nisqually, acting through its Police Chief, will not accept prisoners until the delinquent amount is paid in full. 8. MEDICAL CARE. Each party shall be responsible for the medical care and medical expenses of prisoners housed pursuant to this agreement as listed in Exhibit A, attached hereto and incorporated herein; provided that if the prisoner has his or her own medical coverage, Nisqually will coordinate with Mason County so that such insurance may be utilized. In the event that a prisoner requests non -urgent medical care, Nisqually shall contact Mason County for approval if Nisqually medical staff determines the prisoner request has merit. Mason County 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 County to approve medical care shall relieve Nisqually of liability to Mason County for any injury resulting therefrom. 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 County, but may take any action it deems necessary to provide the prisoner with the needed care without obtaining prior approval, and said action(s) shall not affect Mason County's responsibility for paying for such medical care as required by this Agreement. Mason County shall reimburse Nisqually promptly for all medical Jail Services Agreement Between Nisqually and Mason County Page 2 expenses incurred by Nisqually for services that are the responsibility of Mason County under Exhibit A, "Medical Expenses." 9. TRANSPORTATION. Mason County shall be solely responsible for furnishing transportation for prisoners housed pursuant to this Agreement. Mason County may request that Nisqually provide necessary transportation and Nisqually shall make best efforts to provide such transportation, subject to staff availability, but shall not be obligated to provide such transportation. Mason County shall reimburse Nisqually for costs incurred for transportation. Such costs shall include mileage at the rate of $1.00 per mile, plus labor and overhead (0.5 x labor). Nisqually shall not transport any prisoner without the express agreement of Mason County unless such transportation is required by a court order or because of a medical emergency. 10. CUSTODY TRANSFER. Officers of Mason County placing a prisoner in custody of Nisqually will be required to remain in the immediate presence of the prisoner at all times until relieved of custody by Nisqually Corrections Staff. Booking out and/or release of Mason County's prisoners shall be the responsibility of Mason County's Officers. Mason County Officers shall immediately transport any prisoner that is refused booking off the Nisqually Reservation. The parties agree that dumping of inmates denied booking on or near the Nisqually Reservation shall be grounds for immediate for -cause termination of this Agreement. 11. ACCESS TO PRISONERS. Any commissioned Mason County law enforcement personnel, Mason County Prosecutors, City of Shelton Prosecutors, or defense council assigned to a prisoner shall have the right to interview the prisoner inside the confines of the Nisqually Jail subject only to necessary security rules. Interview rooms will be made available in equal priority with those of any other department. 12. RELEASE OF' MASON COUNTY PRISONERS FROM NISQUALLY. No Mason County Prisoner confined in the Nisqually Jail shall be removed therefrom except: a. When requested by Mason County Sheriff's Department in writing; b. By Order of the Shelton Municipal Court in those matters in which they have jurisdiction, or upon 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 County prisoner is charged; d. In compliance with a writ of habeas corpus; e. For interviews by the City or County prosecuting attorney, court appointed public defender, or member of the Mason County Sheriff's Office; £ 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. Jail Services Agreement Between Nisqually and Mason County Page 3 13. INDEMNIFICATION. Mason County shall protect, defend, save harmless and indemnify Nisqually, its officers, agents and employees, from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Mason County in performance of this Agreement. Mason County's indemnification obligation shall also extend to all claims, suits and actions relating to the medical care of prisoners housed under this Agreement which result from the failure of Mason County to approve such care. 14. Nisqually shall protect, defend, save harniless and indemnify Mason County, its officers, agents, and employees, from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Nisqually, its officers, agents and employees in performance of this Agreement. 14.1 CERTIFICATE OF INSURANCE. Each party agrees to provide the other with evidence of liability coverage in the amounts required by this agreement. 15. NOTICE OF CLAIMS. In the event that a claim or lawsuit is brought against Mason County or Nisqually arising from or related to this Agreement, the party shall promptly notify the other party of said claim or lawsuit. 16. INSURANCE. Each party shall obtain and maintain occurrence -based insurance that provides liability coverage in the minimum liability limits of ten Million Dollars ($10,000,000.00) per occurrence and ten Million Dollars ($10,000,000.00) 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 provide coverage for any liability occurrence during the policy period, regardless of when any claim or lawsuit is filed. Nisqually agrees to endorse third -party liability coverage required herein to include as additional insureds: Mason County, its officials, employees and agents, and agrees to provide such proof of coverage prior to the execution of this agreement. Mason County's participation in a self -insured municipal risk pool shall satisfy the conditions set forth in the insurance section. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of either 1) a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations setfortlr above; or 2) written evidence of participation in a program of self-insurance or participation or a risk pool that is sufficient to address the insurance obligations. 17. CHOICE OF LAW. This Agreement shall be interpreted under the laws of the state of Washington. 18. DISPUTE RESOLUTION. If either party disputes any portion of an invoice, they will provide the other party written notice within thirty (30) days. The notice shall detail the amount in question and the grounds for withholding all or a portion of the amount billed Jail Services Agreement Between Nisqually and Mason County Page 4 or any other basis for the dispute. Authorized representatives of each party shall attempt to resolve the dispute by negotiation within thirty days of notification. If such negotiation is unsuccessful the parties shall apply to Judicial Arbitration and Mediation Service (JAMS) or such other alternate dispute resolution services as the parties may agree, for the appointment of an arbitrator whose decision shall he final and binding on the parties. Each party shall be responsible for paying one-half of the arbitrator's fees. Each party will bear their own costs and legal fees. The arbitrator shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. This dispute resolution procedure shall only be available for disputes over amounts due for services provided under this agreement. 19. CONSENT TO JURISDICTION AND TRIBE'S EXPRESS LIMITED WAIVER OF SOVEREIGN IMMUNITY The Nisqually Indian Tribe is a Sovereign Nation with all immunities attendant thereto WITH THE FOLLOWING EXCEPTION THAT THE PARTIES TO THIS AGREEMENT HAVE SPECIFICALLY NEGOTIATED: The Nisqually Indian Tribe does hereby expressly consent to jurisdiction of the courts of the State of Washington as having exclusive jurisdiction to hear, resolve and enter final judgment on any legal dispute by and between the parties to this agreement and/or their affected officers, officials, and employees, concerning the interpretation of this agreement, enforcement of any of its provisions, and any complaints or counterclaims for monetary damages and/or equitable relief for any alleged or actual breach of any provision of this agreement and/or for the enforcement of' any such final judgment entered by any court of the State of Washington regarding such matters. For this limited purpose only, the.Nisqually Indian Tribe does hereby expressly waive its sovereign immunity from suit or defenses in the courts of the State of Washington for any such legal claim or complaint as relates to the performance of this agreement, for the interpretation and/or enforcement of this agreement, and/or for any complaints or counterclaims for monetary damages or equitable relief for any breach of this agreement, and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters. A resolution outlining such waiver and approving this agreement that is signed by Nisqually Tribal Councilmembers having authority to grant such waiver shall be provided to Mason County as evidence of the limited waiver of sovereign immunity. 20. RECORDS Nisqually shall keep all necessary and pertinent records concerning Mason County Inmates and the services provided pursuant to this Agreement in the manner mutually agreed upon by the parties hereto. The parties acknowledge that the Tribe is not subject to the Washington State Public Records Act (RCW 42.56), and also Jail Services Agreement Between Nisqually and Mason County Page 5 acknowledge that Mason County may need access to certain records that relate to services under this Agreement or for public records purposes. When such need arises, Mason County vvill make a request for such records through the Nisqually Corrections Director. Nisqually agrees to provide to Mason County records relating to services provided under this Agreement as specifically enumerated below: inmate Identification Inmate Photo (Mug Shot) Arrest and Booking Report Alerts Arrests Charges Court Hearings Holds Contacts Classification Reviews Notifications Keep Aways Assessment Listing Booking Reports Booking Details Photo / Dorm Card Booking Form Tasks Property Forms Classification Housing Locations Release Recreation Special Diets Meals Medical Intakes Medical Records Nisqually agrees to release the records enumerated above within ten (10) days of Mason County's request. If such records concern a decision regarding inmate medical care, records shall be released immediately to allow Mason County to make an informed decision, This Agreement and the provisions hereof are not intended to operate, and shall not be construed to operate, to convert any records in the possession of the Nisqually Indian Tribe to public records within the meaning of the Washington State Public Records Act other than those records specifically enumerated above. For purposes of the Washington State Public Records Act, Nisqually records relating to internal jail security are specifically excluded, including: 1) Internal Incident and After -Action Reports; 2) Video Monitoring Footage; and 3) Records (or portions thereof) Jail Services Agreement Between Nisqually and Mason County Page 6 containing the name, address, phone number or other personally identifiable information ofNisqually Corrections personnel. Nisqually records relating to internal jail security may be reviewed by authorized Mason County personnel at the Nisqually Jail upon request. 21. NO THIRD -PARTY BENEFICIARIES. This Agreement is made for the sole benefit of Nisqually and Mason County, and no other person or entity shall have any right, benefit, or interest under or because of this Agreement. No other parties are intended to be, or shall be determined to he, direct or incidental beneficiaries of this Agreement. 22. NO WAIVER The failure to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provisions. Further, any express waiver by any party with respect to any breach of any provision hereunder by any other party shall not constitute a waiver of such party's right to thereafter fully enforce each and every provision of this Agreement. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and may be changed only by an agreement in writing signed by the Parties. 24. INVALID PROVISIONS. Should any provisions of this Agreement he held invalid, the remainder of the Agreement shall remain in effect. [THIS SPACE INTENTIONALLY LEFT BLANK, SIGNATURE PAGE TO FOLLOW] Jail Services Agreement Between Nisqually and Mason County Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement on this date, the 3 day ofccaxs,(Z, , 2023. NISQUALLY TRIBE: Chief Executive Officer MASON COUNTY Mason County Sheriff cr4 N OrQ Of O Ryan Spurling, Sheriff Approved as to legal form only: Tim White Chi to rosecuting Attorney Jail Services Agreement Between Nisqually and Mason County Page 8 EXHIBIT A MEDICAL EXPENSES NISQUALLY TRIBE SHALL BE RESPONSIBLE FOR: Initial Screening Intake Screening Nurse Sick Call Physician Sick Call Physical if housed longer than 14 days Routine lab work that can be completed in the facility Routine medications, other than biologicals / non -formulary medications Mental health assessments and basic services that can be provided in -facility COUNTY OF MASON COUNTY SHALL BE RESPONSIBLE FOR: Pre -booking medical Urgent Care Facility Visits Emergency Room Visits Hospitalizations, including the cost of security provided by Nisqually Personnel. Agency will reimburse Nisqually for each attending officer at the time -and -one-half overtime rate of $48.50 per hour. Non -Formulary / Biological Medications Ultra Sounds Ambulance Services Body Cavity Collection of Evidence / Searches OBOYN Care / Prenatal Care Vision Mental Health Long Term Care Auxiliary lab work and X-Rays Dental Fire Response Other Specialty Services All services provided outside the facility Jail Services Agreement Between Nisqually and Mason County Page 9