HomeMy WebLinkAboutRes-2021-016 InterlocalBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESoLUnoN No. 2021- O lL!
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF SOUTH CLE ELUM, WASHINGTON AND KITTITAS COUNTY,
WASHINGTON FOR THE HOUSING OF INMATES
WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides the capability for
public agencies to cooperate by providing services and facilities for mutual advantage; and
WHEREAS, the Town of South Cle Elum, Washington wishes to designate the
Kittitas County Corrections Center as a place of confinement for the incarceration of one or
more inmates laMully committed to its custody; and
WHEREAS, Kittitas County is desirous of accepting and keeping in its custody such
inmate(s) in the Kittitas County Corrections Center for a rate of comfensation and other
terms and conditions mutually agreed upon by the parties; and
WHEREAS, the governing bodies of each of the parties to the lnterlocal Agreement
attached hereto have determined to enter into this tnterlocal Agreement by action taken at
a regular meeting; and
NOW THEREFORE, BE lT HEREBY RESOLVED, that the Board of County
Commissioners of Kittitas County, Washington authorizes the execution of the lnterlocjl
Agreement for the Housing of lnmates that is attached hereto, and incorporated herein by
this reference, and which shall be forthwith filed with the Kittitas County Auditor prrtr"ni
to RCW 39.34.040.
ADoPTED this I q'h day of 2021
BOARD OF CO MMISSIONERS
HINGTON
tlllllttttt
Chairman
cz, Vice-Chair
ry Wright, Commissioner
ED AS TO FORM
Doug R.M
zE Clerk of the Board- Julie Kjorsvikf Deputy Clerk of the Board- Mandy Buchholz
RESOLUTION
ell, Deputy Prosecuting Attorney
INTERLOCAL AGREEMBNT BETWEEN
THE TOWN OF SOUTH CLE ELUM, WASHINGTON
AND KITTITAS COUNTY, WASHINGTON,
FOR THE HOUSING OF INMATES FOR THE YEAR2O2I-2022
THIS INTERLOCAL AGREEMENT is made and entered into on this day of
2020 by and between Kittitas county, washington, a washington municipal
corporation, hereinafter referred to as "County", and the Town of South Cle Elum, Washington,
hereinafter referred to as the "Town", each party having been duly organized and now existing
under the laws of the State of Washington. Both entities may be referred to in this Agreement
collectively as o'Parties" or individually as "Part5r".
WITNESSETH:
WHEREAS, Kittitas County owns and operates the Kittitas County Jail (KCJ),
located in Ellensburg, Washington; and
WHEREAS, the Town, whose law enforcement officers from time to time arrest
persons for misdemeanors, gross misdemeanors or felonies, which may result in jailing of
the person arrested; and
WHEREAS, the Town does not own or operate its own jail and seeks to contract
for jail facilities and services from the County for confinement of Town prisoners; and
WHERBAS, the County has expressed a willingness to provide jail services to
the Town; and
WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) and the Town
and County Jails Act (Chapter 70.48 RCW), authorizes contracts for jail services made
between a county and a town; and
WHEREAS, the governing bodies of each of the parties hereto have determined
to enter into this Interlocal Agreement for the housing of inmates by action taken at a
regular meeting; and
NOW' THEREFORE, in consideration of the above and foregoing recitals, the
payments to be made, the mutual promises and covenants herein contained, and for other
good and valuable consideration, the parties hereto agree as follows:
Interlocal Agreement for Housing of Inmates
Page 1 of l0
I. Governing Law
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter
relating to an inmate(s) confined pursuant to this Agreement.
II. Term
III. Notice
This Agreement shall be effective January 1,2021 until midnight, December 31, 2022, subject to
earlier termination as provided herein.
All notices, reports, and correspondence to the respective parties of this Agreement shall be sent
to the following:
To the Town:Town of South Cle Elum
PO Box 160
South Cle Elum, WA 98943
Primary Contact:
Secondary Contact:
To the County of Kittitas:
Primary Contact:
[Insert Name]
flnsert Name]
Kittitas County Jail
205 W 5th Ave, Ste I
Ellensburg WA98926
Jail Superintendent Steve Panattoni
IV.Defi itions
The Parties hereby agree that the following terms shall have the specified meanings unless
indicated otherwise herein:
A. Day. A twenty-four hour-long unit of time commencing at 00:00:01 a.m., and ending at
23:59:59 p.m.
B. Inmate Clas sifications shall be pursuant to the Kittitas County Jail Objective Jail Inmate
Classification which is modeled after the National Institute of Corrections Jail Classification.
i) "Minimum" classification shall apply to those inmates who present a low risk
to staff and the community.
ii) "Medium" classification shall apply to those inmates who present a moderate
risk to staff and the community.
Interlocal Agreement for Housing of Inmates
Page 2 of 10
iii) "Maximum" classification shall apply to those inmates who present a
substantial risk to staff and the community.
C. Town Prisoner means a person arrested by a Police Officer of the Town or another law
enforcement agency on behalf of the Town and booked into the Kittitas County Jail or
housed by the Jail for a uiminal offense that allegedly occurred within the Town. Any felony
arrests which result in misdemeanor or gross misdemeanor convictions are deemed Town
prisoners for the purpose ofbed days.
V. Criteria for Determining Prisoner Status
For the purposes of this agreement
A. Town Prisoners being booked into the Kittitas County Jail shall remain the responsibility of
the Police Officer of the Town and shall not be deemed an inmate of that facility until the
Town Prisoner is accepted by Jail staff for booking.
B. Individuals who are arested by a Police Officer of the Town on behalf of another law
enforcement agency (outside warrants or agency assists) and no criminal charges are filed for
alleged criminal offenses within the Town, shall not be deemed a Town Prisoner.
C. Individuals who are arrested by an outside agency on behalf of the Town and housed in the
Kittitas County Jail solely on charges resulting from an alleged criminal offense having
occumed within the Town shall be deemed a Town Prisoner.
VI. Jail and I Services
A. Inmates deemed Town Prisoners shall receive such medical, psychiatric and dental treatment
when emergent and necessary to safeguard their health while housed in the Kittitas County
Jail. The County will provide or arrange for providing of such medical, psychiatric and dental
services. The County will attempt good faith efforts in seeking reimbursement of costs for
those services from the Town Prisoner while they are in custody. Upon release of the Town
Prisoner, the Town shall pay directly or reimburse the County for any and all remaining costs
associated with the delivery of any emergency or necessary medical service which was
provided to the Town Prisoner.
B. If the County becomes aware that a Town Prisoner is in need of medical health care requiring
the assistance of a medical health care services provider outside of the Kittitas County Jail,
then the County shall make reasonable effort to notify the Town prior to obtaining such
service. If the Town is contacted and does not authorize the County to obtain the service,
then the Town shall, within four (4) hours, pick up the Town Prisoner from the County to
transport them to medical care. Provided, in the case of emergency, the County may notify
the Town after the service has been provided.
Interlocal Agreernent for Housing of Inmates
Page 3 of l0
C. An adequate record of all such services shall be kept by the County for the Town's review at
its request, to the extent consistent with confidentiality regulations. Any medical or dental
services of major consequence shall be reported to the Town as soon as time permits.
D. Should medical, psychiatric or dental services require hospitalization, the Town agrees to
compensate the County dollar for dollar any amount expended or cost incurred in providing
the same; provided that, except in emergencies, the Town will be notified by contacting the
on-duty supervisor of the Town prior to the Town Prisoner's transfer to a hospital, if and
when circumstances allow, or as soon afterward as practicable.
E. In the event a Town Prisoner is being held on additional charges from another contracted
jurisdiction (including, but not limited to, the cities of Kittitas, Cle Elum, Roslyn, and
Ellensburg), the Town's responsibility for medical costs attributable to that prisoner shall be
no greater than that ofthe otherjurisdiction(s).
F. Upon compensation to the County by the Town for a Town Prisoner's health care expense,
the County assigns to the Town any and all right to reimbursement for medical expenses as
authorized under RCW 70.48.130.
VII. Transrlortation
The County shall be responsible for the transportation of all Town Prisoners outside the Jail and
the adjacent courthouse, unless agreed upon otherwise by the Parties in a specific instance. The
Town and County agree to equally support the transportation of female Town Prisoners for
female-specific medical purposes where no female Corrections Officer is available, and where
the Town has a female Officer available on dutv.
VIII. Compensation
The Town shall pay the County the following fees for providing custodial services for Town
Prisoners:
A. For 2021 the Town shall pay the County $6,000.00 per year, as follows
B. For 2022 the Town shall pay the County $6,600.00 per year, as follows
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
(January 1-March3l)
(Aprill-June30)
(July1-September30)
(l.{ovember 1 - December 31)
(January 1-March3l)
(April 1-June30)
(July1-September30)
Q.,lovember 1 - December 31)
Interlocal Agreement for Housing of Inmates
Page 4 of 10
$1,500.00
$ 1,500.00
$ 1 ,500.00
$1,500.00
$ 1,650.00
$ 1,650.00
$ 1,650.00
$ 1,650.00
This rate includes minimum, medium and maximum classification inmates. The Parties agree
that the County will not charge the Town a separate booking fee in addition to such rate. The
date of booking into, and the date of release from the Kittitas County Jail of the Town Prisoners,
no matter how little time of a twenty-four hour day it constitutes, shall count as one day and shall
be billed to the Town as such.
These rates do not include medical costs as described in section VI
IX.Billins and Billins Disnu te Resolution Procedures
A. The County shall transmit billings to the Clerk Treasurer of the Town on the following dates:
April 15th, July l5th, October l5th, and January l5th. Within forty-five (45) days after
receipt, the Town shall pay the full amount billed or withhold any portion thereof related to
disputed medical costs and provide the County written notice specifying the amount withheld
and the grounds for withholding such amount, together with payment of the remainder of the
amount billed.
B. Interest on unpaid balances not paid within 45 days of billing shall be computed at l0/o of the
unpaid balance per month.
C. Withholding of any amount billed shall constitute a dispute to be resolved as follows
i) The Sheriff, County Prosecuting Attorney, Police Chief, and Town Attorney or their
designees shall attempt to resolve the dispute by negotiation. Negotiation meetings
may be conducted once per quarter meeting in the months of January, April, July, and
October if requested. If negotiations are unsuccessful, the dispute shall be referred to
the Town Mayor and the Chair of the Board of County Commissioners for settlement.
If not resolved by them within thirty (30) days of referral, the Town Mayor and Chair
of the Board of County Commissioners may by mutual written consent apply to the
Superior Court Judge for appointment of an arbitrator whose decision shall be final
and binding on both parties. If mutual written consent to apply for the appointment of
an arbitrator is not reached, either parly may seek court action to decide the disputed
contract provision.
ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec IX (B)
determined owed to the County pursuant to the billing dispute resolution procedure
described above shall be paid by the Town within thirty (30) days of the negotiated
resolution, arbitrator's decision or court finding.
D. Each pafty may examine the other's books and records to verify charges. If an examination
reveals an improper charge, the amount shall be applied to the next quarter and subsequent
quafter's payments until the credit has been exhausted. Any unused credit, which exists at the
termination of this agreement, shall be refunded within thirty (30) days of the date of
termination.
Interlocal Agreement for Housing of Inmates
Page 5 of 10
E. Billing Statements. The County shall provide a billing statement each quarter in accordance
with section IX (A).
F. Unpaid balances over 60 days in arrears may result in cancellation of access to the
Corrections Center for booking of non-felony prisoners.
G. Upon cancellation of this Agreement, the Town would be responsible for making its own
arrangements for the booking of all Town misdemeanors, gross misdemeanor, and court
committed prisoners. The Town would be responsible for all transportation, housing, medical
and supervision costs for such prisoners.
X. Termination
A. Termination for Material Breach. In the event either party believes the other party has
materially breached any obligations under this Agreement, such party shall so notify the
breaching party in writing, stating the basis upon which breach is claimed and the specific
provisions of this Agreement claimed to have been violated. The breaching party shall have
thirty (30) days from the receipt of such notice to cure the alleged breach and to notify the
non-breaching party in writing that cure has been affected. If the breach is not cured within
the thirty (30) days, the non-breaching party shall have the right to terminate this Agreement
by providing ninety (90) days prior written notice to the other party and to Washington State
Office of Financial Management, as provided in RCW 70.48.090. The ninety-day notice shall
state the grounds for termination and the specific plan for accommodating the effected jail
population.
B. Termination by Mutual Agreement. This Agreement may be terminated by written notice
from either party to the other, stating the grounds for said termination and specifying plans
for accommodating the affected inmates. The notice must be delivered by regular mail to the
contact persons identified in Section IV herein. Termination shall become effective ninety
(90) working days after receipt of such notice.
C. Removal of Inmates Following Notice of Termination. Within the ninety (90) day notice
period set forth in subsection A or B above, or within such other period of time as may be
agreed upon in writing by the parties, the Town agrees to remove its inmate(s) from Kittitas
County Jail, In the event of termination of this Agreement, the Town shall compensate the
County for prisoners housed by the County after notice of such termination until the Town
retakes its inmates in the same manner and at the same rates as if this agreement had not been
terminated. Upon termination of this Agreement, the Town would be responsible for making
its own arrangements for the booking of all Town misdemeanors, gross misdemeanors, and
court committed prisoners. The Town would be responsible for all transportation, housing,
medical and supervision costs for such prisoners.
XI. Resrronsibilitv for Offender's Custodv
It shall be the responsibility of the County to confine the Town Prisoner(s); to provide treatment,
including the furnishing of subsistence and all necessary medical and hospital services and
Interlocal Agreement for Housing of Inmates
Page 6 of 10
supplies; to provide for the Town Prisoner(s)' physical needs; to make available to them
programs and/or treatment consistent with the individual needs; to retain them in said custody; to
supervise them; to maintain proper discipline and control; to make ceftain that they receive no
special privileges and that the sentence and orders of the committing court in the State are
faithfully executed; provided that nothing herein contained shall be construed to require the
County, or any of its agents, to provide service, treatment, facilities or programs for any Town
Prisoner(s) confined pursuant to this Agreement, which it does not provide for similar offenders
not confined pursuant to this Agreement. Nothing herein shall be construed as to require the
County to provide services, treatment, facilities or programs to the Town's Prisoner(s) above,
beyond or in addition to that which is required by applicable law.
XII. Risht of Refusal
The County shall have the right to refuse to accept any prisoner from the Town who, in the
judgment of the County, has a current medical condition which may adversely affect the safety
of the individual or the safe operations of the Kittitas County Jail; or when the reasonable
operational capacity limits will be reached or exceeded.
XIII. Indemnification
A. The County shall defend, indemnify, and hold harmless the Town, its agents, employees and
officers from any and all liability arising out of the performance of this Agreement, whether
by act or omission of the County, its agents, employees or officers. Such liability shall
include but not be limited to, intentional acts, negligence, and violations of the Town
Prisoner's constitutional rights.
B. The Town shall defend, indemnify and hold harmless the County, its agents, employees and
officers tiom any and all liability arising out of the performance of this Agreement, whether
by act or omission of the Town, its agents, employees, or officers. Such liability shall
include, but is not limited to, false arrest and false imprisonment.
C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to injuries,
sickness, death or damage caused by or resulting from the sole willful misconduct or
negligence of the other Party, its agents, officers, employees or sub-consultants.
D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death
or damage caused by or resulting from the concurrent negligence or willful misconduct of the
Parties or of the Parties and a third party other than an officer, agent or employee of the
Parties, shall apply only to the extent of the negligence or willful misconduct of each Party.
Xn. Entire Contract
This Agreement represents the entire understanding of the Parties and supersedes any oral
representations that are inconsistent with or modify its terms and conditions.
Interlocal Agreement for Housing of Inmates
Page 7 of 10
XIV. Modification
This Agreement may be modified and amended only in writing and signed by the Parties hereto.
XV. IndependentContractor
In providing services under this Interlocal Agreement, Kittitas County is an independent
contractor and neither it nor its officers, agents or employees are employees of the Town for any
pu{pose, including but not limited to, responsibility for any federal or state tax, industrial
insurance or Social Security liability. Neither shall the provision of services under this Interlocal
Agreement give rise to any claim of career service or civil service rights, which may accrue to an
employee of the Town under any applicable law, rule or regulation.
XIV. GeneralProvisions:
A. Purpose. The purpose of this Interlocal Agreement is to permit the joint use of the Kittitas
County Jail for confinement of prisoners of the Parties to the Interlocal Agreement, thereby
promoting maximum use and efficiency of the Kittitas County Jail.
B. Administrator Pursuant to RCW 39.34.030(4)(a), the administrator for this Agreement shall
be the Sheriff of Kittitas County
C. Property. Unless otherwise specifically agreed by the Parties in writing, all property, personal
and real, utilized by the Parties hereto in the execution of this Agreement shall remain the
property of that Party initially owning it.
D. Venue. Venue for any lawsuit shall be in the Kittitas County Superior Court.
E. Filing: This Agreement shall be filed with the Kittitas County Auditor's Office or,
alternatively, listed by subject on each or either Party's website or other electronically
retrievable public source pursuant to RCW 39.34.040.
F. Severability. In the event any provisions of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provisions shall be enforced and
valid to the extent permitted by law. All provisions of this Agreement are severable, and the
unenforceability or invalidity of a single provision herein shall not affect the remaining
provisions.
G, Waiver of Breach. The waiver by either Party of the breach of any provision of this
Agreement by the other party must be in writing and shall not operate nor be construed as a
waiver of any subsequent breach by such other Party.
H. Savings Clause. Nothing in this Agreement shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any
provisions of this Agreement and any statute, law, public regulation or ordinance, the latter
shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed
and limited only the extent necessary to bring it within legal requirements,
Interlocal Agreement for Housing of Inmates
Page 8 of 10
I. Interpretation. This Agreement has been submitted to the scrutiny of all Parties and their
counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance
with its words, without consideration or weight given to its being drafted by any party or its
counsel. All words used in the singular shall include the plural; the present tense shall
include the future tense; and the masculine gender shall include the feminine and neutral
gender.
J. Access to Records. The Parties hereby agree that authorized representatives of the Parties
shall have access to any books, documents, paper and record of the other Party which are
pertinent to this Agreement for the purposes of making audits, examinations, excerpts and
transcriptions. All such records and all other records pertinent to this Agreement and work
undertaken pursuant to this Agreement shall be retained by the Parties for a period of six
years after the final expiration date of this Agreement or any amendments hereto, unless a
longer period is required to resolve audit, findings or litigation. In such cases, the Parties
may expressly agree by an amendment or separate agreement for such longer period for
record retention.
Interlocal Agreement for Housing of Inmates
Page 9 of 10
IN WITNESS WHEREOF, the above and foregoing Interlocal Agreement has been executed in
duplicate by the Parties hereto and made effective on the day and year first above written:
TOWN OF SOUTH CLE ELUM COUNTY OF KITTITAS
BOARD OF COUNTY MMISIONERS
own Mayor Chai
omm lsslonel'
COUNTY OF KITTITAS
SHERIFF'S OFFICE
,- -,A.TTEST:
S
TT
(-
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Julie Kjorsvik
Clerk of the Board- Mandy
AS TO FORM
t2
Deputy ng
Interlocal Agreement for Housing of Inmates
Page 10 of 10
>l
Kittitas County
Review Form
Grants & Contract Agreement
Today's Date
January 5,202I
Agenda Date
January L9,2O2t
Fund/Department
30 / Sheriff
Contra Grant lnformation
Financial lnformation
Contract /Grant Agency: lnterlocal Agreement between the Town of South Cle Elum and Kittitas County
for the housing of inmates.
Period Begin Datei 1./L/2021.Period End Date: L2/31,/2022
Total Grant/Contract Amount: S6,000/year no medical costs for 2021, and 56,600 /year for 2022 no
medical costs.
Grant/Contract Number: SH20-028
Contract/Grant Summary: This Interlocal Agreement is between the Town of South Cle Elum and Kittitas
County for the Housing of Inmates from January I,2}ZI-December 31,2022. For 2021the rate is $6,000
and $6,600 for 2022 paid quarterly, and does not include medical costs.
Total Amount: 56,000.00 State Funds 50 Federal Funds S0
Percentage County Funds tOO%
revenue funds to county
Matching Funds S0 CFDA# NA
ln-Kind S0
Explain
ls Equipment being purchased? NO Who owns equipment?
New Personnel being hired? NO Contact HR hiring - re porting requirements
Future impacts or liability to Kittitas County: Per contract
Budget lnformation
Pass Thro lnformation
Prosecutor Review
Budget Amendment Needed?Yes I attach budget form NoE
New Division Created? NO
Revenue Code: 00L-30073 42300L
Expense Code: NA
Agency to Pass Through NA
Amount to Pass Through so
Sub-Contract Approved Date: NA
Grant/Contract Review Page 1
Prosecutor Review
Has the Prosecutor reviewed this a reement?Yes No CAMAS# 5053s
Cou De rtments lmpacted
Submitted
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasurer
Signature: 42".- ,r/.44,Date: f-6.,Lt
De rtment: Sh
Assignment of Tracki lnformation
Auditor's Office
Human Resource
Prosecutor's Office <_t r-l *.-87-)
Who Signed the grant application
Reviewer Date
Grant/Contract Review Page 2