HomeMy WebLinkAboutRes-2021-062 InterlocalBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESoLUnoN No. zozt -_QAA
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KITTITAS, 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 City of Kittitas, Washington wishes to designate the Kittitas County
Corrections Center as a place of confinement for the incarceration of one or more inmates
lawfully committed to its custody from January 1, zo21- December 31 , 2021; 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 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 hQfln day of AP.)zLL 2021
BOARD OF c MISSIONERS
o HINGTON
rrman
rrman
Cory Wright, Commissioner
itrtt
B
7 T) 1 l{-'1
Douglas R. Mitchell, De
A Clerk of the Board- Julie Kjorsvik
n Deputy Clerk of the Board- Mandy Buchholz
RESOLUTION
M
P ng Attorney
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF KITTITAS, WASHINGTON
AND KITTITAS COTINTY, WASHINGTON,
FOR THE HOUSING OF INMATES FOR THE YEAR 2021
THIS INTERLOCAL AGREEMENT is made and entered into on this day of
2021 by and between Kittitas County, Washington, a Washington municipal
corporation, hereinafter referred to as "Count5r", and the City of Kittitas, Washington,
hereinafter referred to as the "CiW", 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 'oParQ/".
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
ofthe 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
WHERBAS, 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 lnmates
Page I of 10
M
I.Governins 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 Agreemenl.
Term
This Agreement shall be effective January l, 2021 until midnight, December 3 l, 2021, subject toearlier termination as provided herein. Tltis Agrcgment_will be auron.ratjqa!! ,"qqwed &la
p-er_r_qd q|ste add,itiqla! 1,eis unless _erlhqr-pgft giveq_l2g_ calslai'dar$_dt;!rjd *ies_qijfs
indiqa!!on not to rene_w.-J!re dai13, r-a!,e for_l_he seconrl ]q3r shqll_be u* nr_,tuidrd in Virr, uE.rp*.
Notice
All notices, reports, and correspondence to the respective parties of this Agreement shall be sent
to the following:
To the City:City of Kittitas
207 N. Main/PO Box 719
Kittitas, WA 98934
II
III
Primary Contact:
Secondary Contact:
To the County of Kittitas:
Primary Contact:
ry. Definitions.
Mayor of Kittitas
Chief Chris Taylor
Kittitas County Jail
205 W 5th Ave, Ste I
Ellensburg WA 98926
Superintendent Steve Panattoni
Interlocal Agreement for Housing of Inmates
Page 2 of l0
Th_e Parties hereby agree that the following terms shall have the specified meanings unless
indicated otherwise herein:
O' Put. 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 Classifications shall be pursuant to the Kittitas County Jail Objective Jail Inmate
Classification which is modeled after the National Institute olConections Jail Classification.
i) "Minimum" classification shall apply to those inmates who present a low risk
to staffand the community.
v
vI.
ii) "Medium" classification shall apply to those inmates who present a moderate
risk to staffand the community.
iii) "Maximum" classification shall apply to those inmates who present a
substantial risk to staff and the community.
C' Cit-v Prisoner 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 KittiLs County Jail (KCJ) or
housed by KCJ for a criminal offense that allegedly occurred within the City. Any'felony
arrests which result in misdemeanor or gross misdemeanor convictions are i"emed City
prisoners for the pu{pose ofbed days.
For the purposes of this agreernent:
A. City Prisoners being booked into the Kittitas County Jail shall remain the responsibility of
the Police Officer of the City and shall not be deemed an inmate of that faciliiy until the City
Prisoner is accepted by Jail staff at the time of booking.
B. Individuals who are anested by a Police Oflicer 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, shall not be deemed a City prisoneJ
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.
{ail and.Medical Services
A. ' Inmates deemed City Prisoners for medical purposes shall mean any person anested by aPolice officer of the City or another law enforcement agency on behalf of the City and
booked into the Kittitas County Jail (KCJ) or housed Ui rcil for a misdemeanor, gross
misdemeanor or felony of,fense that allegedly occurred witirin the City. These prisoners shallreceive such medical, psychiatric and dental treatment when emeigent and necessary to
safeguard their health while housed in the Kittitas County Jail. The dounty wilt proviA! oralrange for providing of such medical, psychiatric and dental services. ihe County will
attempt good faith efforts in seeking reimbursement from the City Prisoner. However, exceptfor routine minor medical services provided by the County witirin the Kittitas County Jall,
the City shall ultimately be responsible and pay directly or reimburse the County for uny andall costs associated with the delivery of-any emergency or necessary medical serviceprovided to City Prisoners. The City shall be responsibie for any and all emergenr or
necessary medical, dental and psychiatric heatment provided outside of the Kittitas bountyJail and shall be billed thereafter.
Interlocal Agreement for Housing of Inmates
Page 3 of l0
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 notiff the City prior to obtaining said service.
lf the City is contacted and does not authorize the 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 notiff 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 City 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 another contracted
jurisdiction (including, but not limited to, the cities of Kittitas, Cle Elum, Roslyn, and
Ellensburg), the City's responsibility for medical costs attributable to that prisoner shall be no
greater than that of the other jurisdiction(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.
VtI. Trsnsportation
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 Offrcer
available on Duty.
Interlocal Agreement for Housing of Inmates
Page 4 of l0
VIII. Comoensation
The County agrces to accept and house City Prisoners for compensation per prisoner at the rateof $66'50 per-day for the year 2021 (no increase over the prior year). This rate includes
I ]^"lf_ll medium and maximum classification inmates. The putti.r'ugr,""that the County will
I T:^:1TEe_the
Citv a separate booking fee in addition to such iate, If the_wge.n to autqnqtisaurI t-j9t4 tlriq agreqnpn! .b,ecoqplpf&g-tive dlre-l.q !h-e tennr_eJ section_g*!ftye, tr,..G,rr-rut._tpi1 calendu ycar Mz $all be$09s3 {an i&qtsqs.qef 5o.o over 2gUI. rri, aate .ruootinglrto, andthe date of release from, the Kittitas County Jail of ttre citfFrisoners, no matter how little timeof a twenty-four hour day it constitutes, shall count as one iay and shail be billed to the City as aday of custody i1 lhe county. In the, event a City Prisoner is being held on additional
"t *g",from one of the following local jurisdictions, Kittitas County SherifFs Office, Washington St"atePahol, Ellensburg PD, Cle Elum/Roslyn/South Cle Elum pb, rcittitas pD, Central W-ashingtonUniversity PD, the City's cost for those shared bed days shdl 6e no greater than that of the o-therjurisdictions.
x.
A' The County shall transmit billings to the Chief of Police of the City on the following dates:April l5th, July l5th, October l5th, and January l5th. Within forty-fiu" (+S) aais anerreceipt, the City shall pay the fi.rll amount billed or withhold uny poriion thereof related todisputed medicalcosts and provide the counfy written notice rp."irying the amount withheld
and the grounds for withholding such amount, together with payment o"f the remainder of theamount billed.
B' Interest on unpaid balances not paid within 45 days of billing shall be computed at lo/oof theunpaid balance per month.
C' Withholding of any amount billed shall constitute a dispute to be resolved as follows:
i) The Sheriffl County Prosecuting Attomey, Police Chief and City Anorney or theirdesigrees shall attempt to resolve the diipute by negotiation. Nigotiation meetings
may be conducted once per quarter meeting in thi moiths of January, April, July, an'dOctober if requested. If negotiations are unsuccessful, the dispute shall be referred tothe City Mayor and the Chair of the Board of County Commissioners for settlement.If not resolved by them within thirty (30) days of reibrral, the City Mayor and Chairof the- Board of County Commissioners may by mutual written consent apply to theSuperior Court Judge for appointment of an aibitrutor whose decision strafi 6e finaland binding on both parties. If mutual written consent to apply for the uppointmeni oian arbitrator is not reached, either party may seek court "rtion to decide'the aisputJcontract provision.
ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec IX (B)determined owed to the County puisuant to the billing dispute resolution procedur"
described above shall be paid by the City within thirty (3'0) days of the negotiatedresolution, arbitrator's decision or court finding.
Interlocal Agreement for Housing of Inmates
Page 5 of l0
D. Each party may examine the othe/s books and records to veriff 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 agreonent, shall be refunded within thirty (30) days of the date of
termination.
E. Billing Staternents. 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
arrangements for 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 notifu the
breaching party in writing, stating the basis upon which breach is claimed and the specific
provisions of this agreemenl 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 noti$ 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
specifuing plans for accommodating the affected inmates. The notice must be delivered by
regular mail to the contact pemons identified in Section IV herein. Termination shall become
effective ninety (90) working days after receipt of such notice.
C. Rernoval 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
Interlocal Agreement for Housing of Inmates
Page 6 of l0
xt.
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 iurangements 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.
ResponsibiliW for Offender's Custodv
It shall be the responsibility of the County to confine the inmate or inmates; to provide
treatment, including the fumishing of subsistence and all necessary medical and hospital services
and supplies; to provide for the prisoners' 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 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 provide for similar inmates 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 City's Prisoners above, beyond or in addition to
that which is required by applicable law.
XII. Rieht of Refusal
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 or the safe operations of the Kittitas County Jail or the reasonable operationil
capacity limits will be reached or exceeded.
XIII. Indemnification
A. The County shall defend, indemniff, and hold harmless the City, 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 prisoner's
constitutional rights.
B. The City shall defend, indemnify and hold harrnless the County, its agents, employees and
officers frorn any and all liability arising out of the performance of this agreement, whether
by act or omission of the City, its agents, employees, 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, ernployees or sub-consultants.
lnterlocal Agreement for Housing of Inmates
Page 7 of l0
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 wiliful misconduclofthe
Parties or of the Parties and a third party other than an Jffice., agent or employee of theParties, shall apply only to the extent of the negligence or willful misconduct of eactr party.
E. This indemnification provision shall survive the termination of this agreement.
XII. Entire Cgntruct
This agreement represents the entire understanding of the parties and supersedes any oralrepresentations that are inconsistent with or modiff its terms and conditions.
Xry. Modification
This agreement may be modified and amended only in writing and signed by the parties hereto.
XV. IndependentContractor
In providing services under this- lnterlocal Agreement, Kittitas County is an independent
contractor and neither it nor its offi-cers, agents or employees are employel of the City^for anypurpose' including but not limited to, responsibilitt for any fedeial or state tax, industrial
insurance or Social Security liability. Neither shall thi provision of services under this Interlocal
Agreement give rise to any claim of career service or civil service rights, which may accrue to anemployee of the city under any applicabte law, rule or regulation.Xry. GeneralProvipions:
A. Purpose' The purpose of this Interlocal Agreement is to permit the joint use of the KittitasCounty Jail for confinement of prisoners of the parties tothe Interlocal Agreement, therebypromoting maximum use and effrciency of the Kittitas county Jail.
B' Adminishator. Pursuant to RCW 39.34.030(4)(a), the administrator for this agreement shall
be the Superintendent of the Kittitas County Jaii.'
C. Property. Unless otherwise specifically agreed by the parties in writing, all property, personal
and real, utilized by the parties hereto in the eiecution of this Agreiment shall remain theproperty of that party initially owning it.
D. Venue' Venue for any lawsuit shallbe in the Kittitas County Superior Court.
E. Filing: This Agreement shall be filed with the Kittitas County Auditor's Office or,alternativeln listed by subject on each or either party's web site or other electronically
retrievable public source pursuant to RCW 39.34.040.
F. Severabilitll In the event any provisions of this Agreement shall be determined to beunenforceable or otherwise invalid for any reason, such provisions shall be enforced andvalid to the extent permitted by law. All provisions of thishgreement are severable, and the
Interlocal Agreement for Housing of Inmates
Page 8 of l0
IN WITNESS WHEREOF, the above and foregoing Interlocal Agreement has been executed in
duplicate by the parties hereto and made effective on ttre day and year fiist above written:
unenforceability or invalidity of a single provision herein shall not affect the remaining
provisions.
G. Waiver. of Breqch. The waiver by either party of the breach of any provision of thisAgreement by the other party must be in writing and shall not operate no. L" construed as awaiver of any subsequent breach by such other party.
H. Savings Clause. Nothing in this Agreernent shall be construed so as to require thecommission of any act contrary to law, and wherever there is any conflict between anyprovisions of this Agreement and any statute, law, public regulation or ordinance, the latter
shall prevail, but in such event, the provisions of tliis Agreement affected shall be curtailed
and limited only the extent necessary to bring it within legal requirements.
I' I4terpretation. 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 intlrpretation in accordance
with its words, without consideration or weight given to its being arated by any party or itscounsel. All words used in the singular shall include the pluial; the present tense shallinclude the future tense; and the masculine gender shall include the fic.minine and neuter
gender.
J. Access to Recprds. The parties hereby agree that authorized representatives of the parties
shall have access to any books, documents, paper and record oi the other party which arepertinent to this Agreement for the purposes of making audits, examinations, excerpts andtranseriptions' All such records and all other records pertinent to this Agreement and work
undertaken pursuant to this Agreement shall be retained by the parties Tor a period of sixyears after the final expiration date of this Agreement or any amindments hereto, unless a
longer period is required to resolve audit, findings or litigation. In such cases, tire parties
may expressly agree by an amendrnent or separate agreanent for such longer peribd for
record retention.
CITY OFKITTITAS COTJNTY OF KITTITAS
BOARD OF COI,'NTY
Interlocal Agreement for Housing of tnmates
Page 9 of l0
ATTEST:
AS TO FO(tvr:
COUNTY OF KITTITAS
SHERIFF'S OFFICE
Clay
ATTEST
Clerk of Board- Julie
I Deputy Clerk of the Board-
Buchholz
AS TO FORM:
a'v'Lo;\Y
Attorney
Douglas R. M
Deputy
Intcrlocal Agreement for Housing of Inmates
Page l0 of l0
Kittitas County
Review Form
Grants & Contract Agreement
Today's Date:
April 1,4,2O2I
Agenda Date
April20,202I
Fund/Department
30 / Sheriff
Contract/G ra nt lnformation
Contract /Grant Agency:/Kittitas Police De pa rtment/City of Kittitas
Period Begin Date: I/1,/2021 Period End Date: 1,2/3t/2021
Total Grant/Contract Amount: Varies according to the number of bed days utilized/billed
Grant/Contract Number: SH20-034
Contract/Grant Summary: This lnterlocal Agreement is between the City of Kittitas and Kittitas County
for the Housing of inmates from Janua ry 1,202I to Decemb er 31.,2021 with a one-year renewal option
The daily rates proposed are S66.so/Oay in 2021., and Sog.gg /dav in $zozz (an increase of 5% over
2021l'.
Financial lnformation
Bu lnformation
Pass Throu lnformation
TotalAmount: Varie State Funds $0 Federal Funds S0
Percentage County Funds LO0%
revenue to County
Matching Funds S0 CFDA# NA
ln-Kind 50
Expl ain
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?
New Division Created? NO
Yes I attach budget form No Dl( Why not - Already accounted for in
2021 budget revenues.
Reven ue Code: 001-30073 423001,
Expense Code: NA
Agency to Pass Through NA
Amount to Pass Through 5o
Sub-Contract Approved Date: NA
Grant/Contract Review Page 1
Prosecutor Review
Has the Prosecutor reviewed this a ment?Yes No CAMAS# 44357
Cou De rtments lm d
Submitted
Signature: e/^r--, &z*t Date: 4-tat-Zt
Department: Sh6riff
Assignment of Tracking I nformation
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasu rer
Auditor's Office
Human Resource
Prosecutor's Office ?-r.Iz
Who Signed the grant application il
Reviewer Date
Grant/Contract Review Page 2