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Inmate Housing Interlocal Agreement with LynnwoodCITY OF LYNNWOOD Contract Title: INMATE HOUSING INTERLOCAL AGREEMENT Contract Number: 2522 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between the City of Lynnwood, a municipal corporation organized under the laws of the State of Washington ("Lynnwood"), and the City of Edmonds, a municipal corporation organized under the laws of the State of Washington (hereinafter the "City," and together with Lynnwood, the "Parties" or individually "Party"). This Agreement is made in accordance with Sections 39.34.080 and 39.34.180 and Chapter 70.48 of the Revised Code of Washington ("RCW") for the purpose of establishing the terms and conditions pursuant to which the City will transfer custody of certain Inmates to Lynnwood to be housed at Lynnwood's Detention Facility. In consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto mutually agree as follows: 1. Purpose and Term. The purpose and intent of this Agreement is to establish the terms under which Lynnwood will house certain Inmates of the City for the period January 1, 2015 through December 31, 2015. This Agreement shall be automatically renewed annually for one year terms until terminated as provided under this Agreement, or amended through a written and bilaterally executed amendment. Definitions. Business Day — Monday through Friday excluding Lynnwood observed holidays. Committing Court — The court that issued the order or sentence that established the City's custody of a City Inmate. Credit for Time Served — Credit authorized by the sentencing court against the number of days to be served in confinement. Detainer — A legal order authorizing or commanding another Party a right to take custody of a person. City Inmate — A person subject to City custody who is transferred to Lynnwood's custody under this Agreement. Good Time — Time earned by Inmates for good behavior while in custody. Good Time will be awarded at the conclusion of an Inmate's sentence and will comply with restrictions imposed by RCW 9.92.151. Inmate — Persons transferred to Lynnwood's custody to be housed at the Lynnwood Detention Facility. Lynnwood Detention Facility — The detention facility operated by Lynnwood located at 19321 44'h Ave. W., Lynnwood, WA 98036. 3. General Provisions. Lynnwood shall accept and incarcerate City Inmates according to the terms of this Agreement and shall provide housing, care, and custody of those City Inmates pursuant to Lynnwood policies and procedures and in the same manner as it provides housing, care and custody to other Inmates. Lynnwood shall manage, maintain, and operate the Lynnwood Detention Facility in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return City Inmate. To the greatest extent permitted by law, Lynnwood shall have the right to refuse to accept a City Inmate or to return a City Inmate to the City if the City Inmate has a current illness or injury that is listed in Attachment A — Medical Acceptability, or in the reasonable judgment of Lynnwood presents a substantial risk of escape, or of injury to self or Inmate Housing ILA #2522 1 Rev 11.4.14 k5-P-C--07--a7i�2i4Tmde--P other persons or property, or of adversely affecting or significantly disrupting the operations of the Lynnwood Detention Facility. Lynnwood shall provide notice to the City at least one (1) business day prior to transport if a City Inmate is being returned to the City if feasible. Lynnwood retains the right, in its sole discrection, of refusing or to return an inmate to the City. 5. Inmate Transport and Delivery. The City shall be responsible and provide for the transportation and delivery of City Inmates to the Lynnwood Facility and for court appearances, including costs associated therewith. At the time of delivery, the City shall provide a court commitment order to Lynnwood. Said order shall specify the release date for the Inmate. 6. Inmate Medical Records. Should a City Inmate receive medical care for injuries or illness at the time of arrest, and prior to booking at the Lynnwood Detention Facility, the City shall provide copies of medical records documenting such medical care to Lynnwood at the time of booking if the City has access to such records. Lynnwood may require these records to determine if City Inmates meet conditions identified in Attachment A — Medical Acceptability. If the City cannot provide such records, Lynnwood, in its sole discretion, may refuse to accept a City Inmate. 7. Inmate Property. Lynnwood shall accept City Inmate property in accordance with Attachment B — Property, and shall be responsible only for City Inmate property actually delivered into Lynnwood's possession. Lynnwood shall hold and handle each City Inmate's personal property pursuant to Lynnwood policies and procedures and in the same manner it holds and handles property of other Inmates. In the event a City Inmate is being transported from a City designated detention or correction facility, it will be the responsibility of the City to process the City Inmate's property not delivered and accepted into Lynnwood's possession. 8. Booking. City Inmates shall be booked pursuant to Lynnwood's booking policies and procedures. Pursuant to RCW 70.48.130, and as part of the booking procedure, Lynnwood shall obtain general information concerning the City Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a City Inmate is entitled. The information is to be used for third party billing. 9. Classification. City Inmates shall be classified pursuant to Lynnwood's classification policies and procedures, and within the sole discretion and judgment of Lynnwood. The City shall provide information regarding each City Inmate as specified in Attachment C — Classification. 10. Housing. City Inmates shall be assigned to housing pursuant to Lynnwood's policies and procedures, and within the sole discretion and judgment of Lynnwood. 11. Inmate Work Programs. Lynnwood may assign City Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties pursuant to Lynnwood's policies and procedures and within the sole discretion and judgment of Lynnwood. 12. Health Care. City Inmates shall be responsible for co -payment for health services. The City shall be responsible in the event the Inmate cannot pay these costs. No City Inmate shall be denied necessary health care because of an inability to pay for health services. Lynnwood shall notify the City's designee(s) via electronic means, including e-mail or fax, at the notice address identified in this Agreement if a City Inmate requires medical, mental health, dental, or other medical services at an outside medical or health care facility. The City shall promptly notify Lynnwood of any changes in its designee(s). Lynnwood shall notify the City within a reasonable time period before the City Inmate receives medical, mental health, dental or any other medical services outside of the Lynnwood Facility. The City acknowledges that such notice may not be reasonably possible prior to emergency care. The City shall pay for all medical, mental health, all prescription medications, dental or any other medical services that are required to care for City Inmates outside of the Lynnwood Detention Facility. Lack of prior notice shall not excuse the City from financial responsibility for related medical expenses, and shall not be a basis for imposing financial responsibility for related medical expenses on Lynnwood. Lynnwood shall bear the expense of any such medical care necessitated by improper conduct of Lynnwood, or of its officers or agents. Inmate Housing ILA #2522 2 Rev 11.4.14 If a City Inmate is admitted to a hospital, the City shall be responsible for hospital security unless other arrangements are made with Lynnwood. Lynnwood may provide hospital security services for an additional charge if staff is available, at Lynnwood's sole discretion. Outside medical expenses for City Inmates housed on behalf of more than one (1) jurisdiction shall be the sole responsibility of the City, which will be solely responsible to recoup these expenses from other jurisdictions. The City shall be responsible for transportation of an Inmate to non -emergency medical appointments outside of the Lynnwood Detention Facility. 13. Inmate Discipline. Lynnwood shall discipline City Inmates according to Lynnwood policies and procedures and in the same manner which other Inmates are disciplined; provided, however, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable Inmate, up to and including the removal of earned early release credits as approved by the City. 14. Removal from the Lynnwood Detention Facility. Except for work programs or health care, and during emergencies, City Inmates shall not be removed from the Lynnwood Detention Facility without written authorization from the City or by the order of a court of competent jurisdiction. Other jurisdictions may "borrow" a City Inmate only according to the provisions of Attachment D — Borrowing. In the event of the City Inmate's emergency removal, Lynnwood shall notify the City by electronic means, including e-mail or fax, as soon as reasonably possible. No early release or alternative to incarceration, home detention, or work release shall be granted to any Inmate without written authorization by the committing court. 15. Visitation. Lynnwood shall provide reasonable scheduled visitation for attorneys, spouses, family and friends of City Inmates, in accordance with Lynnwood policies and procedures. 16. Inmate -Attorney Communication. Confidential telephones or visitation rooms shall be available to City Inmates to communicate with their legal counsel. The City shall provide to Lynnwood any known telephone numbers Inmates should use to reach legal counsel. 17. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E — Warrants/Other Court Orders/Detainers. 18. Releases. Inmates shall be released from the Lynnwood Detention Facility in accordance with court orders. Lynnwood shall not transfer custody of a City Inmate housed pursuant to this Agreement to any Party other than the City, except as provided in this Agreement or as directed by the City. 19. Jail Sentence Calculations. Lynnwood shall award Good Time credits for Inmates in custody in accordance with state law and any policies adopted by Lynnwood. The City is responsible to notify Lynnwood of any credit days awarded for time served by use of court commitment forms. 20. Escape. If a City Inmate escapes Lynnwood's custody, Lynnwood shall notify the City as soon as reasonably possible. Lynnwood shall use all reasonable efforts to pursue and regain custody of escaped City Inmates. 21. Death. If a City Inmate dies while in Lynnwood custody, Lynnwood shall notify the City as soon as reasonably possible. The Snohomish County Medical Examiner shall assume custody of the City Inmate's body. Unless another Party becomes responsible for investigation, Lynnwood shall investigate and shall provide the City with a report of its investigation. The City may participate in the investigation. If another Party becomes responsible for investigation, Lynnwood shall serve as a liaison or otherwise facilitate the City's communication with and receipt of reports from the other Party. The City shall provide Lynnwood with written instructions regarding the disposition of the City Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment of the body. The City may request in writing that Lynnwood arrange for burial and all matters related or incidental thereto and the City shall be responsible for all costs associated with this request. Inmate Housing ILA #2522 3 Rev 11.4.14 22. City's Right of Inspection. The City shall have the right, upon reasonable advance notice, to inspect the Lynnwood Detention Facility at reasonable times. During such inspections, the City may interview City Inmates and review City Inmates' records. The City shall have no right to interview Inmates housed for other jurisdictions or to review their records, unless City is properly authorized to do so by the Inmate or the other jurisdiction. 23. Bed Rate. In consideration of Lynnwood's commitment to house City Inmates, the City shall pay Lynnwood based upon the rates and other applicable fees or charges stated in this Agreement. Bed Rate per Day tar portion thereof): $85.00 Booking Fee: $10.00 All contract rates are established to recover full cost of services and may be adjusted by Lynnwood on a yearly basis. In the event rates are to be changed, amendments to this contract will be sent to the City no less than 180 days prior to December 315t of each year or otherwise as the Parties agree. Any revised fees shall be attached to this Agreement as an addendum. Nothing in this Section, or revision to fees, shall affect the right of either Party to terminate this Agreement according to Section 30. 24. Billing and Payment. Lynnwood shall provide the City with monthly statements itemizing the name of each City Inmate, the number of days of housing, including the date and time booked into the Lynnwood Detention Facility and date and time released from Lynnwood and itemization of any additional charges including a description of the service provided, date provided and reason for service. Lynnwood shall provide said statement for each month on or about the 15th day of the following month. Payment shall be due to Lynnwood within 30 days from the date of the bill. Lynnwood may bill the City electronically. The Daily Rate for City Inmates housed on charges from multiple agencies will be divided equally among those agencies. 25. Billing and Dispute Resolution. Withholding of any amount billed or alleging that any Party is in violation of any provision of this Agreement shall constitute a dispute, which shall first attempt to be resolved as follows, and as a mandatory predicate to termination as provided in Section 30(C): A. For billing disputes, the City must provide written notice of dispute to Lynnwood within 60 days of the disputed billing stating the reason that the charges are disputed. Lynnwood shall respond in writing to such disputes within 60 days of receipt of such notice of dispute. B. For both billing and other types of disputes, Lynnwood and the City shall attempt to resolve the dispute by negotiation between staff members of each Party. If such negotiation is unsuccessful, and the dispute involves billing issues, Lynnwood shall notify the City that the billing remains due, and give notice that if the City does not make payment within 30 days that Lynnwood may opt to cease accepting Inmates from the City. If the dispute involves another type of issue, or is not resolved through staff negotiations, the Parties agree to at least one (1) meeting between their executive leadership to attempt to reach an administrative remedy. The Parties agree that all administrative efforts will be exhausted prior to pursing other contractual, legal, equitable or alternative dispute resolutions. 26. Duration of Agreement. The duration of this Agreement shall be as stated in Section 1 unless otherwise terminated in accordance with Section 30 of this Agreement. 27. Independent Contractor. In providing services under this Agreement, Lynnwood is an independent contractor and neither it nor its officers, nor its agents nor its employees shall be deemed employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. The provision of services under this Agreement Inmate Housing ILA #2522 4 Rev 11.4.14 shall not give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a Party to this Agreement. 28. Hold Harmless, Defense, and Indemnification. Lynnwood shall hold harmless, defend, and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights, injury, or death of any City Inmate, or loss or damage to City Inmate property while in Lynnwood custody) that result from or arise out of the acts or omissions of Lynnwood, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of Lynnwood's services, duties, and obligations under this Agreement. The City shall hold harmless, defend, and indemnify Lynnwood, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights, injury, or death of any City Inmate, or loss or damage to City Inmate property while in Lynnwood custody) that result from or arise out of the acts or omissions of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the City's services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the City and Lynnwood in connection with or incidental to the performance or non-performance of the City's and or Lynnwood's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the City and Lynnwood shall each be liable for its proportionate concurrent negligence in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this section or this Agreement shall be construed to create a right in any third party to indemnification or defense. Lynnwood and the City hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the Parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. 29. Insurance. Lynnwood and the City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. Lynnwood and the City shall each maintain throughout the term of this Agreement, Commercial General Liability coverage with limits not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate; Employer's Liability with limits not less than one million dollars ($1,000,000) per employee and two million dollars ($2,000,000) aggregate; Police Professional or Law Enforcement Liability with limits not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate: Errors & Omissions Liability with limits not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate; and Automobile Liability insurance with limits not less than one million dollars ($1,000,000) each accident. Any coverage provided on a Claims Made basis must include a Retroactive Date that is on or prior to the effective date of this contract. Any coverage provided on a Claims Made basis must be maintained at least three (3) years after termination of the contract. Inmate Housing ILA #2522 5 Rev 11.4.14 30. Termination. A. Mutual Agreement: This Agreement may be terminated by mutual written consent between Lynnwood and the City with 90 days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected City Inmates. B. Imperiling Conditions: The City shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at the Lynnwood Detention Facility present an imminent risk of serious injury or death to the City's Inmates ("Imperiling Conditions"); 2) the City has sent Lynnwood written notice by electronic means, including e-mail or fax, as soon as reasonably possible describing with reasonable specificity the Imperiling Conditions; and 3) Lynnwood has failed to cure the Imperiling Conditions within a reasonable period of time, which, unless the Parties agree in writing to a longer period, shall be no more than 45 days after Lynnwood receives the City's notice. Termination pursuant to this section 30(B) shall be effective if and when: 1) after at least 45 days, Lynnwood has not cured the Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given Lynnwood formal written notice of final termination pursuant to this Section 30(B). C. Material Breach: Subject to compliance with Section 25 above, either Party shall have the right to terminate this Agreement if: 1) the other Party is in material breach of any term of this Agreement; 2) the terminating Party has sent the breaching Party written notice of its intent to terminate this Agreement under this section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching Party has failed to cure the breach within 90 days, unless the Parties agree in writing to a longer cure period. D. By Either Partu. This Agreement may be terminated by written notice from either Party to the other Party delivered by regular mail to the contact person identified herein, provided that termination shall become effective 90 days after receipt of such notice. Within said 90 days, the City agrees to remove its Inmate(s) from the Lynnwood Detention Facility. 31. Equal Opportunity. Neither Party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, veterans and military status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (chapter 49.60 RCW) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other Party may terminate this Agreement as provided in Sections 25 and 30 above. 32. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by either Party to any other person or entity without the prior written consent of the other Party, which consent shall not be unreasonably withheld. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Party stated herein. 33. Non -Waiver. The failure of either Party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 34. Severability. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid by a court, the remainder of the Agreement shall remain in full force and effect. 35. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Superior Court for the State of Washington in Snohomish County. 36. Approval and Filing. Each Party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each Party. The signatures of the Inmate Housing ILA #2522 6 Rev 11.4.14 authorized signatory(ies) and Lynnwood below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed pursuant to RCW 39.34.040. 37. General Provisions. Unless otherwise agreed in writing and executed by both Parties, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between the City and Lynnwood under which Lynnwood houses City Inmates, and no other oral or written agreements between the Parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either Party unless such change or addition be in writing and executed by both Parties. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. This Agreement may be executed in any number of counterparts. 38. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the Parties to their addresses as follows: TO CITY: City of Edmonds Attn: Chief Al Compann 250 5ch Avenue North Edmonds, WA 98020 TO CITY OF LYNNWOOD: City of Lynnwood Purchasing and Contracts Division P.O. Box 5008 Lynnwood, WA 98046-5008 Phone: (425) 670-5000 AND City of Lynnwood Attn: Detention Commander P.O. Box 5008 Lynnwood, WA 98046-5008 Alternatively, to such other addresses as the Parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. Inmate Housing ILA #2522 7 Rev 11.4.14 SIGNATURE BLOCKS City of E onds � eC By; Printed: Dgw 16L C2 Title: 2U D ❑ate: � � ` � 4- � `� Printed: Show � ��-� Title: �i Date: I V, — I ,�, —,,-2y 14— $y. —sq-L- 224 Printed: � Title:/�C �p"_ Date:�0 City of Lynnwood Nicola Smith Title: Mayor Date: 2,4 H Approved as to Form: BYLam---� Printed: Rosemary Larson Title: Lynnwood City Attorney Date: ai 3 1I Attest Printed:h/z TiIIeTIy-t C✓"-7 LP'Z Date:��`l r 5 Inmate Housing ILA #2522 8 Rev 11.4.14 ATTACHMENT A MEDICAL ACCEPTABILITY Lynnwood shall determine the medical and mental acceptability of Inmates for booking or housing using the following guidelines. Lynnwood retains the right to not accept an Inmate in its sole discretion. Excluding criteria include but are not limited to: 1. Signs of untreated broken bones or dislocated joints. 2. Any injury or illness requiring emergency medical treatment. 3. Unconsciousness. 4. Inmates unable to stand and walk under their own power, unless they normally use an assistive device, such as a wheelchair, for mobility. 5. Bed bound individuals. 6. Individuals with attached IV or requiring IV medications. 7. Individuals requiring the use of oxygen tanks. 8. AMA (Against Medical Advice) from the hospital. 9. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a case by case basis. 10. Wounds with drainage tubes attached. 11. Persons with Alzheimer's, dementia or other psychological conditions to the point where the Inmate cannot perform activities of daily living ("ADL's") or who do not have the capacity to function safely within a correctional environment. 12. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 13. Persons undergoing chemotherapy and/or radiation treatment. 14. Persons undergoing dialysis. 15. Persons with suicidal ideations or gestures within the past 72 hours. 16. Persons, if prescribed and regularly using, who have not taken psychotropic medications for at least 72 hours. 17. Persons who have by self -disclosure, admitted to attempting suicide within the last 30 days. 18. Persons who have attempted suicide during their current incarceration. 19. Persons displaying current psychotic episode. Inmate Housing ILA #2522 9 Rev 11.4.14 ATTACHEMENT B PROPERTY Lynnwood retains the right to refuse to accept Inmate property in its sole discretion. The following list of guidelines is an example only, will be amended from time to time, and be in force as implemented for Lynnwood Jail management without the requirement for amending this contract. Lynnwood will endeavor to notify a City of significant changes that may impact the services outlined in this agreement. Lynnwood may accept Inmate property as follows: 1. The property must be able to fit in a single property bag no larger than a common paper grocery bag. 2. Money, valuables, checks and documents, and medications shall be placed in a clear envelope within the Inmate's property bag. 3. Lynnwood will not accept the following: a) Backpacks, suitcases, etc. b) Unpackaged food products or perishable food products. c) Any type of weapon (includes pocket knives). d) Liquids. e) Helmets of any kind. f) Any items that will not fit into the property bag. g) Material deemed to be contraband. h) Marijuana or associated drug paraphernalia. Lynnwood will limit property returned with the Inmate to the City according to these criteria. Inmate Housing ILA #2522 10 Rev 11.4.14 ATTACHMENT C CLASSIFICATION The City shall supply Lynnwood with the following Classification related information, if known to or in possession of the City: 1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate has been classified as protective custody. 2. If the City Inmate is a violent offender or has displayed violent behavior during present or past incarcerations. If the City Inmate is an escape risk. Inmate Housing ILA #2522 11 Rev 11.4.14 ATTACHMENT D BORROWING One Party may "borrow" another Party's Inmate as follows: 1. If a Party requests the transport of another Party's Inmate from Lynnwood the requesting Party must notify each Party with rights to custody of the Inmate, and if each Party with rights to custody of the Inmate notifies Lynnwood in writing (e-mail) of its approval, Lynnwood shall provide the requested transport to the requesting Party. Lynnwood will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the Inmate. 2. Once custody of the Inmate has been transferred to the requesting Party, it is the responsibility of the requesting Party to determine whether the Inmate shall be returned to the custody of Lynnwood, and if so, the requesting Party shall make all necessary and proper arrangements with Lynnwood and any Party with rights to custody of the Inmate, for the Inmate's return according to the terms of this Agreement. The requesting Party, to the full extent permitted by law, defends, indemnify, save and hold harmless Lynnwood as provided in Section 28 of the Agreement. 3. Lynnwood will not track the Inmate once he or she has left Lynnwood's facility. 4. If the Inmate is returned to the custody of Lynnwood, the requesting Party shall provide Lynnwood with sentencing/charge information. The requesting Party shall supply all pre - sentence and post -sentence paperwork from agreeing Party's that authorized the borrowing of the Inmate. This will aid Lynnwood in determining split billing and release dates. Inmate Housing ILA #2522 12 Rev 11.4.14 ATTACHMENT E WARRANTS/OTHER COURT ORDERS/DETAINERS The following shall apply to City Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers: 1. When receiving a City Inmate, the Booking Officers shall review all paperwork provided by the City for all grounds to hold the Inmate. 2. Prior to releasing a City Inmate, Lynnwood shall check the NCIC and WACIC systems to determine if the Inmate is subject to any valid warrants or other detainers. a) If the City Inmate is subject to a confirmed warrant from another Washington jurisdiction, Lynnwood will process the Inmate for transfer on the Cooperative Transport Chain. Inmate Housing ILA #2522 13 Rev 11.4.14 L LYNNWOOD WASHINGTON CITY OF LYNNWOOD Contract Title: INMATE HOUSING INTERLOCAL AGREEMENT Contracts Number: 2521- 2528 Amendment Number # 1 This Amendment is made as of the 6t' day of September, 2017 ("Amendment Date"), between the City of Lynnwood ("City), a municipal corporation organized under the laws of the State of Washington ("Lynnwood"), and Cities of Mill Creek, Edmonds, Lake Forest Park, Wood Way, Brier, Bothell, Mount Lake Terrace and Snohomish County; municipal corporations organized under the laws of the State of Washington (hereinafter the "Cities," and together with Lynnwood, the "Parties" or individually "Party"). In consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto mutually agree to amend as follows: Section 23. Bed Rate. In consideration of Lynnwood's commitment to house City Inmates, the Cities shall pay Lynnwood based upon the rates and other applicable fees or charges stated in this Agreement. Bed Rate per Day (or portion thereof): $116.00 Booking Fee: $30.00 The established increment will be effective on January 1st, 2018. *All remaining Contract terms and conditions remain unchanged. IN WITNESS WHEREOF, the City and the cities have executed this Amendment as of the date last written below. CITY OF LYNNWOOD WASHINGTON By: Nicola Smith, Mayor al«i-2-(-"n Date The Citi By: ���+. City 1( '7` Date City Jail Services Rev. 8.11.17