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HomeMy WebLinkAboutRes-2021-023BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESoLUToN No. 2021 -Jaze A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROSLYN, 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; and WHEREAS, the City of Roslyn, Washington wishes to designate the Kittitas County Jail as a place of confinement for the incarceration of one or more inmates laMully committed to its custody from January 1,2021 to December 31 , 2021; and WHEREAS, Kittitas County is desirous of accepting and keeping in its custody such inmate(s) in the Kittitas County Jail for a rate of compensation 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 lnterlocalAgreement 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 lnterlocal 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 pursuant to RCW 39.34.040. ADoPTED this Wm ay ofd 021 BOARD OF CO TY COMMISSIONERS o INGTON B ith, Chairman La n Wright, Commissioner PROVED ffilerk of the Board- Julie Kjorsvik n Deputy Clerk of the Board- Mandy Buchholz Douglas R. Mitchell, RM:"tu-$7Y RESOLUTION Prosecuting Attorney INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROSLYN, WASHINGTON AND KITTITAS COUNTY, WASHINGTON, FOR THE HOUSING OF INMATES FOR 2021 INTERLOCAL AGREEMENT is made and entered into on this )lfuday or municipal ora 2021 by and between Kittitas County, Washington, a Washington tion, hereinafter referred to as "CounQ/o', and the City of Roslyn, Washington, hereinafter referred to as the ('City", 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 "Parties" or individually as ,,Party". WITNESSETH: WHEREAS, Kittitas County owns and operates the Kittitas County Jail, located in Ellensburg, Washington; and WHEREAS, the City, 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 City does not own or operate its own jail and seeks to contract for jail facilities and services from the County for confinement of City prisoners; and WHEREAS, the County has expressed a willingness to provide jail facilities and services to the City; and WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW), authorizes contracts for jail services made between a county and a city; 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 I of10 I. Gove_rnins 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 both this Agreement and any matter relating to an inmate(s) confined pursuant to this Agreement. II. Term This Agreement shall be effective January I , 202L and shall extend for a period of one year until midnight, December 3 l, 2021, subject to earlier termination as provided herein. ilI. Notice All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: To the City:City of Roslyn PO Box 451 Roslyn, WA 98941 Primary Contact: Secondary Contact: Mayor Hals To the County of Kittitas:Kittitas County Jail 205 W 5th Ave, Ste I Ellensburg WA98926 Primary Contact:Superintendent Steve Panattoni Definitions The Parties hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: A. Dav. A twenty-four hour-long unit of time commencing at 00:00:01 a.m., and ending at23:59:59 p.m. B. Inmate Classifications shall be pursuant to the Kittitas County Jail Objective Jail Inmate Classification which is modeled after the National Institute of Corrections Jail Classifrcation. i) "Minimum" classification shall apply to those inmates who present a low risk to staff and the community. Interlocal Agreement for Housing of Inmates Page 2 of l0 IV ii) "Medium" classification shall apply to those inmates who present a moderate risk to staff and the community. iii) "Maximum" classification shall apply to those inmates who present a substantial risk to staff and the community C. Clity Prisoncr means a person arrested by a Police Officer of the City or another law enforcement agency on behalf of the City and booked into the Kittitas County Jail (KCJ) or housed by KCJ for a misdemeanor or gross misdemeanor offense that allegedly occurred within the City. Any felony arrests which result in misdemeanor or gross misdemeanor convictions are deemed City prisoners for the purpose of bed days. V Criteria r Detcrminins er Status For the purposes of this agreement: A. City Prisoners being booked into the Kittitas County Jail shall remain the responsibility ofthe Police Officer of the City and shall not be deemed an inmate of that facility until the City Prisoner is accepted by Jail staff at the time of booking. B. Individuals who are arrested by a Police Officer of the City on behalf of another law enforcement agency (outside warrants or agency assists) and no criminal charges are filed for alleged criminal offences within the City, shallnot be deemed aCity Prisoner. C. Individuals who are arrested by an outside agency on behalf of the City and housed in the Kittitas County Jail solely on charges resulting from an alleged criminal offense having occurred within the City shall be deemed a City prisoner. VI. Jail and Medical Services A. lnmates deemed City Prisoners for medical purposes shall mean any person arrested by a Police Officer of the City or another law enforcement agency on behalf of the City and booked into the Kittitas County Jait (KCJ) or housed by KCJ for a misdemeanor, gross misdemeanor, or felony offense that allegedly occuned within the City. These 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 affange for providing of such medical, psychiatric, and dental services. The County will attempt good faith efforts in seeking reimbursement from the City Prisoner. However, except for routine minor medical services provided by the County within the Kittitas County Jail, the City shall ultimately be responsible and pay directly or reimburse the County for any and all costs associated with the delivery of any emergency or necessary medical service provided to City Prisoners. The City shall be responsible for any and all emergent or necessary medical, dental, and psychiatric Interlocal Agreement for Housing of lnmates Page 3 ofl0 treatment provided outside of the Kittitas County Jail and shall be billed thereafter B. If the County becomes aware that a City 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 notiS the City prior to obtaining said service. If the City is contacted and does not authorizethe County to obtain the service, then the City shall, within four (4) hours, pick up the inmate from the County to transport to medical care. Provided, in the case of emergency, the County may notifu the City after the service has been provided. C. An adequate record of all such services shall be kept by the County for the City'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 City as soon as time permits. D. Should medical, psychiatric, or dental services require hospitalization, the City agrees to compensate the County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, the Cify will be notified by contacting the duty supervisor at the City prior to the prisoner's transfer to a hospital, if and when circumstances allow, or as soon afterward as practicable. E. In the event a City Prisoner is being held on additional charges from one of the following local jurisdictions, Kittitas County Sheriff s Office, Washington State Patrol, Cle Elum PD, South Cle Elum, Ellensburg PD, Kittitas PD, Central Washington University PD, the City's responsibility for medical costs attributable to that prisoner shall be no greater than that ofthe otherjurisdiction(s). F. Upon payment to the County by the City for a City Prisoner's health care expense, the county will assign to the city, if requested by the city, any and all right to reimbursement for medical expenses authorized under RCW 70.48.130. G. The City agrees to pay directly or reimburse the County for any and all medical expenses, as defined in Section VI.A, incurred for City Prisoners and persons arrested by or on behalf of the City, which are not performed by medical staff on contract with the County within the Kittitas County Jail, or paid by the Department of Social and Health Services, including medical, psychiatric, and dental bills as well as prescription medication expenses. City responsibility for such medical expenses incurred for persons convicted of felonies will terminate upon that conviction. Interlocal Agreement for Housing of Inmates Page 4 of 10 VII. 'l'r'ansDortttion The County shall be responsible for the transportation of all prisoners outside the courthouse, unless agreed upon otherwise by the parties in a specific instance. The City and County agree to equally support the transportation of female City Prisoners for female specific medical purposes where no female corrections officer is available, and where the City has a female Officer available on Duty. VIII. Compensation The County agrees to accept and house City Prisoners for compensation per prisoner at the rate of $66.50 for the year 2021 (no increase over the prior year). This rate includes minimum, medium, and maximum classification inmates. The parties agree that the County will not charge the City 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 City 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 City as a day of custody in the County. In the event a City Prisoner is being held on additional charges from one of the following local jurisdictions: Kittitas County Sheriff s Office, Washington State Patrol, Cle Elum PD, South Cle Elum, Ellensburg PD, Kittitas PD, Central Washington University PD, the City's cost for those shared bed days shall be no greater than that ofthe otherjurisdictions. IX. Billins and Billine Disnute Resolution Procedures A. The County shall transmit billings to the City of Roslyn on the following dates: April l5th, July l5th, october 15th, and January 15th. within forty-five (45) days after receipt, the City 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 l%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 Attomey, City Police Chiet and Ciry Attomey 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 City Mayor and the Chair of the Board of County Commissioners for settlement. If not resolved by them within thirty (30) days of referral, the city Mayor and chair of the Board of County Commissioners may by mutual written consent apply to the Kittitas Superior Court for appointment of an arbitrator whose decision shall be final Interlocal Agreement for Housing of Inmates Page 5 of l0 and binding on both parties. If mutual written consent to apply for the appointment of an arbitrator is not reached, either party may seek court action to decide the dispute 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 City within thirty (30) days of the negotiated resolution, arbitrator's decision, or court finding. D. Each party 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 quarter'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. 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 Jail for booking of non-felony prisoners. G. Upon cancellation of this agreement, the City would be responsible for making its own alrangements lor the booking of all City misdemeanors, gross misdemeanor, and court committed prisoners. The City 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 notifu the non-breaching party in writing that cure has been effected. 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 affected jail population. B. Termination by Mutual Agreement. This Agreement may be terminated by written notice from either party to the other party and to Washington State Office of Financial Management, as provided in RCW 70.48.090, stating the grounds for said termination and specifring plans for accommodating the affected inmates. The notice must be delivered by regular mail to the contact persons identified in Section IV herein. Interlocal Agreement for Housing of Inmates Page 6 of l0 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 City agrees to remove its inmate(s) from Kittitas County Jail. In the event of termination of this agreement, the City shall compensate the County for prisoners housed by the County after notice of such termination until the City 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 City would be responsible for making its own affangements for the booking of all City misdemeanors, gross misdemeanors, and court committed prisoners. The City would be responsible for all transportation, housing, medical, and supervision costs for such prisoners. XI. ResnonsibiliW for 9ffender's Custody It shall be the responsibility of the County to confine the inmate or inmates; to provide treatment, including the fumishing of subsistence and all nec€ssary medical and hospital services and supplies; to provide for the prisoners' physical needs; to make available to them programs andlor treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain 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 inmates confined pursuant to this Agreement, which it does not providc for similar inmatcs not confincd pursuant to this Agrcement. Nothing herein shall be construed as to require the County to provide services, treatment, facilities, or programs to the City's Prisoners above, beyond, or in addition to that which is required by applicable law. XII. Risht of Rcfusal The County shall have the right to refuse to accept any prisoner from the City who, in the judgment of the County, has a current medical condition which may adversely affect the safety of the individual orthe safe operations of the Kittitas County Jail or the reasonable operational capacily limits will be reached or exceeded. XIII.Indem nification A. The County shall defend, indemnifu, and hold harmless the City, its agents, employees, officials, 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, officials, or officers. Such liability shall include but not be limited to: intentional acts, negligence, and violations of prisoners' constitutional rights. Interlocal Agreement for Housing of Inmates Page 7 of l0 B. The Cify shall defend, indemnifr, and hold harmless the County, its agents, employees, officials, and officers from any and all liability arising out of the performance of this agreement, whether by act or omission of the City, its agents, employees, off,rcials, or officers. Such liability shall include, but is not limited to: false arrest and false imprisonment. C. The Parties' obligations to indemnifu, 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, officials, consultants, or sub-consultants. D. The Parties' obligations to indemniSr, 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, official, or employee of the Parties, shall apply only to the extent of the negligence or willful misconduct of each Party. XIV. Entire Contract This agreement represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modifo its terms and conditions. XV. Modification This agreement may be modificd and amcndcd only in writing and signed by the parties hereto. XVI. IrrdcDcndentContractor In providing services under this Interlocal Agreement, Kittitas County is an independent contractor and neither it nor its officers, agents, officials, or employees are employees of the City for any purpose, 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 City under any applicable law, ruleo or regulation. XVII. General Provisions: A. Puroose. 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. lnterlocal Agreement for Housing of Inmates Page 8 of l0 B. AdminiSlLrertor. Pursuant to RCW 39.34.030(a)(a), the administrator for this agreement shall be the Superintendent of the Kittitas County Jail. 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, altematively, listed by subject on each or either party's web site or other electronically retrievable public source pursuant to RCW 39.34.040. F. Scvcralrilitv. 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 parly 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 ofany subsequent breach by such other party. H. $avings Clauw. 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. I. Intcrpletation. 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 neuter gender. J. Acccrss kr Recgrds. The parties hereby agree that authorized representatives of the parties shall have access to any books, documents, paper, and record ofthe 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 Interlocal Agreement for Housing of Inmates Page 9 of l0 amendment or separate agreement for such longer period for record retention. 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: CITY OF ROSLYN COUNTY OF KITTITAS BOARD OF COUNTY COMMISSI 114 City Mayor ice-Chairman ory Wright, Commissioner COUNTY OF KITTITAS SHERIFF'S OFFICE A'i* ?.-t-<o''-z*, M{ers,shdiff A -i coMMl Clerk 6T Board - Julie Kjorsvik Clerk of the Board - Mandy APPROVED AS TO FORM APPROVED AS TO FORM City Attomey ?1 R. Deputy Attorney Interlocal Agreement for Housing of Inmates Page l0 of l0 llilllll -,+.Kittitas County Review Form Grants & Contract Agreement Today's Date February IO,2O2I Februa 1.6 202r Agenda Date 30 Sheriff Fund/Department Contract/G ra nt I nformation Financial lnformation Budget lnformation Pass Through lnformation Contract /Grant Agency: lnterlocal Agreement between the City of Roslyn and Kittitas County for the housing of inmates. Period Begin Datei I/I/2O21 Period End Date: 12/3L/202L Total Grant/Contract Amount: Variable - Dependent upon the number of inmates housed/bed days billed. Grant/Contract Number: SH20-032 Contract/Grant Summary: This lnterlocal Agreement is between the City of Roslyn and Kittitas County for the Housing of inmates from January L,2021-December 31,2021.. The daily rate is to be 566.50/daV and billed according to the terms of The Agreement. TotalAmount: Variable State Funds S0 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 - reporting requirements Future impacts or liability to Kittitas County: Per contract Budget Amendment Needed?Yes I attach budget form No E Why not - Already accounted for in revenue budget.New Division Created? NO Revenue Code: 001-30073 423OOI 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 agreement?YesE No CAMAS# 5O7BO Cou De artments lmpacted Submitted Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer Signature: Pzr-. .fi4l44- -Date: !.^ 4-J-r Department: Sheliff Assi ment of Trackin lnformation Auditor's Office Human Resource Prosecutor's Office ..r <--. +ZU?lt+ -z-1."[:-r Who Signed the grant application Reviewer Date Grant/Contract Review Page 2