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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