NISQUALLY JAIL SERVICE AGREEMENT

0 day

THIS AGREEMENT is made and entered into on this /

2013, by and

of

between the Nisqually Indian Reservation, a Federally Recognized Indian Tribe, hereinafter referred
to as " Nisqually" and the City of Yelm, hereinafter referred to as " Yelm." This agreement is for the
housing of inmates of Yelm 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:
SERVICE.

Nisqually shall care for prisoners placed in the 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 Yelm; provided, that the

Nisqually Police Chief or the Nisqually Corrections Director shall have the right to
refuse to accept custody if in his opinion that would result in overcrowding of the jail,
or health, safety or security risks.
2.

CARE. " Care" shall mean room and board.

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.
3.

DURATION OF CONTRACT. The term of this agreement shall be for five ( 5) years,

beginning January 1, 2014.

The agreement may be terminated without cause by either

party by providing the other party with thirty ( 30) days written notice. Notice shall be
deemed proper when provided to:
Yelm:

City of Yelm, Shelly Badger, City Administrator
105 Yelm Ave W
Yelm, WA 98597

Nisqually:

Eletta Tiam, Chief Executive Officer
4820 She- Nah -Num Dr. S. E.
Olympia, WA 98513

4.

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
RELEASE.

court of competent jurisdiction.
GUARANTEED MINIMUM BED SPACE.

Nisqually guarantees that three beds per

day shall be dedicated to Yelm for its prisoners.
6.

GUARANTEE TO PAY FOR MINIMUM BED SPACE. Yelm agrees to pay to

Nisqually a rate of $60. 00 per bed per day totaling $ 180. 00 per day in exchange for
Nisqually' s guarantee of three ( 3) available beds per day. This rate shall increase in the
amount of $ 2. 50 per bed per day
each year on the yearly anniversary of this
Agreement' s signature by both parties.

Jail Services Agreement

Between Nisqually and Yelm

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Nisqually

Yelm

 7.

Yelm shall pay to Nisqually the amount of $20. 00 for a booking
fee for each and every prisoner booked in to the jail, including the three guaranteed
beds, and $ 60. 00 per day per prisoner for care for any and all prisoners beyond the
guaranteed three -bed minimum. A ` day" is the twenty -four hour period beginning at
12: 00 a. m. and ending at 11: 59 p.m. in the Pacific Time Zone. Yelm shall be charged
the booking fee only for anything less than two ( 2) hours of custody time. Nisqually
will submit a monthly invoice to Yelm for the guaranteed minimum bed spaces as well

RATE /PAYMENT.

as additional prisoners housed pursuant to this agreement.
Yelm shall pay such
per annum shall be
Interest
at
the
rate
of
12%
invoices within 30 days of receipt.
charged on all past due accounts.

The rate shall increase by $ 2. 50 per day per bed each calendar year beginning January
1, 2015. The maximum per day per prisoner rate shall be $ 70. 00. The daily rate per
prisoner will therefore be as follows:
2014

2015
2016

2017
2018

Sixty Dollars
Sixty Two Dollars & Fifty Cents
Sixty Five Dollars
Sixty Seven Dollars and Fifty Cents
Seventy Dollars

60. 00)
62. 50)
65. 00)
67. 50)

70.00)

Without prejudice to any other contract rights available to it, if Yelm does not pay the
invoice with 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.

Yelm 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 own medical coverage, Nisqually will coordinate with Yelm so that such
insurance may be utilized. In the event that a prisoner requests non -urgent medical
care, Nisqually shall contact Yelm for approval. Yelm 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 Yelm to approve medical care shall relieve Nisqually
of liability to Yelm 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 Yelm, but may take any action it deems necessary to provide the
prisoner with the needed care without obtaining prior approval.

To the extent permitted by state law, Yelm shall protect, defend, hold harmless and
indemnify Nisqually from and against all claims, suits and actions relating to the
medical care of prisoners housed under this agreement which result from the failure of

Yelm to approve such care or for any reason other than injuries and harm resulting from
the negligent or intentional acts or omissions of Nisqually or its officers.
9.

TRANSPORTATION.

Yelm shall be solely responsible for furnishing transportation
Yelm may request that Nisqually
provide necessary transportation and Nisqually shall make best efforts to provide such
transportation, subject to staff availability. Yelm shall reimburse Nisqually for costs
for prisoners housed pursuant to this agreement.

incurred for transportation.

Such costs shall include mileage at the rate of $1. 00 per

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 mile, labor and overhead (. 5 x labor). Nisqually shall not transport any prisoner without

the express agreement of Yelm unless such transportation is required by a court order or
because of a medical emergency.
10.

CUSTODY TRANSFER. Officers of Yelm 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
Yelm' s prisoners shall be the responsibility of Yelm Officers.
11.

CITY ACCESS

TO PRISONERS.

All Yelm police officers and investigators

directed by the Yelm City Attorney 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 to Yelm police officers in equal priority with those of any
other department, including the Nisqually law enforcement personnel.

12.

RELEASE OF YELM PRISONERS FROM NISQUALLY.

No Yelm Prisoner

confined in the Nisqually Jail shall be removed therefrom except:

When requested by Yelm Police Department in writing;
By Order of the Yelm Municipal Court in those matters in which they

a.

b.

have jurisdiction, or upon Order of the Thurston County District

Court or the Thurston County Superior Court in those matters in
which said courts have jurisdiction;
C.

For appearance in the court in which a Yelm prisoner is charged;

d.

In compliance with a writ of habeas corpus;

e.

For interviews by the Yelm City Attorney or member of the Yelm
Police 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.
13.

INDEMNIFICATION.

Yelm 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 Yelm in performance
of this agreement.

Nisqually shall protect, defend, save harmless and indemnify the City of Yelm, 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.

14.

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 provide coverage for any liability
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 occurrence during the policy period, regardless of when any claim or law suit is fled.
Further, the Association of Washington Cities Risk Management Services Agency,
shall provide a Certificate of Coverage to the Nisqually Indian Tribe as evidence of the
City of Yelm' s insurance coverage.
14. 1 CERTIFICATE OF INSURANCE.

Each party to this Agreement agrees to

provide the other with evidence of insurance coverage in the form of a certificate from a

solvent insurance provider confirming coverage from a solvent insurance pool which is
sufficient to address the insurance obligations set forth above. A copy of the certificate
shall be provided annually and for the duration of this agreement.
15.

Venue and Choice of Law.

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 venue in the courts of the
State of Washington for any legal 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

day of ,

2013.

CITY OF YELM:

NISQUALLY TRIBE:

Ron Hardin , Mayor

Eletta Tiam, Chief Executive Officer

Attest:

anine Schnepf, City Cl &k

Approved as to legal form only:

Yelm City Attorney

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