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HomeMy WebLinkAboutRes-2022-005 InterlocalBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTTON No. 2022- 005 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 lawfully committed to its custody from January 1,2022 to December 31, 2024; 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 +fr^day of .)-p,,t11,r491rrr--,2022(_) (-) r BOARD OF COUNTY COMMISSIONERS INGTONt { ir ith, ry Wright AP D AS TO FORM 1 "\Douglas R. M ,FClerk of the Board- Julie Kjorsvik fl Deputy Clerk of the Board- Mandy Buchholz RESOLUTION l, Deputy Prosecuting Attorney INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROSLYN, WASHINGTON AND KITTITAS COUNTY, WASHINGTON, FOR THE HOUSING OF INMATES FOR THE YEARS 2022-2024 THIS INTERLOCAL AGREEMENT is made and entered into on this -f,'uu, or ll,dL, v 2022 by and between Kittitas County, Washington, a Washington municipal referred to as "County", 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 as6'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 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 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 1 of 10 I. Governins Law The parties hereto agree that, except where expressly otherwise provided, the laws and administrative ntles and regulations of the State of Washington shall govem in any matter relating to an inmate(s) confined pursuant to this Agreement. II. Term This Agreement shall be effective January 1, 2022 and shall extend for a period of three years until midnight, December 31, 2024, subject to earlier termination as provided herein. This Agreemant will be automatically renewed for a period of one additional year unless either party gives 120 calendar days advanced notice of its indication not to renew. The daily rate for the second year shall be as provided in VIII, below. III. 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 98922 Primary Contact: Secondary Contact: Mayor Hals To the County of Kittitasr Kittitas County Jail 205 W 5th Avc, Ste I Ellensburg WA 98926 Primary Contact:Superintendent Steve Panattoni IV. Definitions The Partiss hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: A. Dav. A twenty-fbur hour-long unit of time commencing at 00:00:01 a.rn,, 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 of Corections Jail Classification. Intellocal Agreernent for Housing of Inmares Page 2 of l0 i) "Mjnirnnm" classification shall apply to those innrates who present a low risk to statTand the community. ii) "Mediurn" classification shall apply to those inmates who present a moderate risk to staff and the communiry. iii) "Maximum" classifrcalion shall apply to those inmates who presenl. a substantial risk to staff and the community. C. Citv Prisortcr means a person anested by a Police Officer of the City or another law cnforccmcnt agancy ou bchalf of the City and booked into the Kittittrs County Jail (KCJ) or housed by KCJ for a criminal offense that allegedly occurred within the City. Any felony attests rvhic:h restrlt in misdemeanor or gross misdemeanor convictions are deemecl City prisoners fbr the purpose ofbed days. V. Criteria for Deternrining Prisoner Stfltrrs For thc purposes of this agreemcnt: A, City Prisoners bcing booked into the Kittitas Corurty Jail shall rcmain thc rcsponsibility of the Police Officer of the City and shall not be deemed an irrmate of that facility untiI 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 wan'ants or agency assists) and no criminal charges are filed for alleged criminal offences rvithin the City, shall not be deerued a City Prisoner, C. Irrdividuals who are arrested by an outside agency on behalf of the City and housed in the Kittitas County Jail solely on charges resr,rlting liom an alleged criminal offense having occured within the City shall be deerned a City Prisoner. VI. Jail and Medical Services A. . Inmates deemed City Prisoners for medical purposes shall mean any person arrested by a Police Officer of the City or another law enforcenlent agency on behalf of the City and booked into the Kittitas County .lail (KCJ) or housed by KCJ for a misdemeanor, gloss misdomcanor or fclony ofTense that allegeclly occurred vvithin the City. Thesc prisoners shali receive such medical, psychiatric and dental treatment when emergcnt and necessary to sat'eguard their health while housed in the Kittitas Counfy Jail. The County will provide or arrange for providing of such medical, psychiatric and dental services. The County will attcmpt good faith efforts in seeking reirnbursement fiom the City Prisoner, However, except for routiue minor medical services provided by the County within the Kittitas County Jail, thc City shall ultimatcly bc rcspousible and pay directly or reirnburse the County for any and all costs associated with the delivery o[ any emergency or necessary medical service provided to City Prisoners. The City shall be responsible lor any and all emergent or IntcrIocal Agrccrncnt lbr Housing of Inrnates Page 3 o[ l0 ncccssary nlcdical, dental and psychiatric trcatmcnt providcd outsidc of the Kittitas County Jail and slrall be billed thereafler. B. Medical and mental health services are being enhanced in KC.I, which will help offset many costs lbr the City in terms of medioal bills by reelucing the need for outside treatment. These investmeuts should keep outside medical costs lower. We have introduced a full-time mental health counselol and are starting a grant fundecl medically assisted drug treatment program C. If the County trecontes arvare that a Ciry Prisoner is in need of medical health care requiring thc assistance of a medical health care services provider outside of the Kittitas County Jail. then the Couuty shall make reasonable effofi to notify the City prior to obtaining said service. If tlte City is contacted and does not autholize the County to obtain the service, then the City shall, within four (4) houls, pick up the inrnate from the County to transport to rnedical care. Provided, in thc casc ol cmcrgcncy, thc County may notify the City aftcr thc scrvicc has bccn provided. D. An adequate record o[all such services shall be kept by the County for the City's review at its request, to the extent consistent lvith conhdentiality regulations. Any rnetlical or dental services of major consequence shall be reported to the City a.s soou as time pennits. E,. Should medical, psychiatric or dental services require hospitalization, the City agrees to compensate the County dollar for dollar any amount expended or cost inc:rut'ed in providing thc sarne; provided that, exoept in cmcrgcncics, thc City will be notified by contacting the dury supervisor at the City prior to the prisoner's transfer to a hospital, if and when circumstances allow, or as soon afterward as practicable. F. In the event a Cify Prisoner is being held on additional charges fiom another contracted jurisdiction (irrcluding, but not limited to. Kittitas PD, South Cle Ehun PD, Cle Elum PD, ancl Ellcnsburg PD. Washington State Patrol, Central Washington Univcrsiry PD, Kittitas County SherilPs Office), the City's responsibility for medical costs attributable to tl'rat prisoner shall be no greater than that ofthe otherjurisdiction(s), G. Upon p.lyment to the County by the City for a City Prisoner's health care expcnsc, thc County will assign to the City, if requested by the City, any ancl all right to reimbursement fol medical expenses authorized under RCW 70.48.130. H. The City agrees to pay directly or reimbursc the Counfy fbr any antl all medioal exponses, as defined in Section V[.A, incuned ibr City Prisoners and persons arrested by or on behalf of the City, which are not pertbrmed by medical statT on contract rvith the Counfy within the Kittitas County Jail, or paid by the Department of Social and Health Services, including medica[. psychiatlic, and dental bills as well as prescription mcdication expenses, Cily respousibility fbr such medical expenses incurred fbr persons convicted of felonies will ternrinate upon that conviction, Interlocal Agreement tbl Ilousing of Iumates Page 4 of 10 VU. Transportation The County shall be responsible for the transportation of all prisoners outside the courthouse, uuless agreed upon otherwise by the parties in a specific instance. The City and County agree to equally support the transportation ol female City Prisoners for female specific medical purposes where no l'emale corrections ollicer is available, and where the City has a female Oftrcer available on Duty. VIII. Comncnsation A. The County agrees to accrcpt and honsc City Prisoncrs lbr compcnsation pcr prisoncr at the rate of $69.83 forthe year2022. $73.32 forthe year2023. and $76.99 forthe year2024(5% ircrease each year) except as providcd below. This ratc ircludss minimum, mcdium and tnaxinturn classification inmates. The parties agree that the County will not charge the City a scparatc booking fee in addition to such rate. If the option to automatioally extend this agreement becornes effective due to the terms of Section II, above, the daily rate for calendar ycar 2025 shall bc $80.84 (an increase of 5% over 2024). The date of booking into, and the date of release flrom, the Kittitas County Jail of the City Prisoners, no matter how little time of a twenl.y-fiour hour day it constitutes, shall corrnt as one day and shall be billed to the City as a day of custody in the Counry. In the event a City Prisoner is being held on additional charyes from one of the tbllowing local jurisdictions, Kittitas County Sheriffs Oftice, Washington State Patrol, Ellensburg PD, ROSL Elum/South Cle Elum PD, Kittitas PD, Central Washingfon University PD, the City's cost for those shared bed days shall be no greater than that ofthe otherjuisdictions. B. The rate of compensation fbr any inrnatc rccpriring additional or spccializcd conditions of incarceration to the extent that they must be placed alone in a single cell designed for double occupancy shall be double the daily rate per day ($139.66 lor the year 2022, $146.64 for the year 2023, ancl $153.98 for the year 20241. If the option to automatically extend this agrccmort bcsomcs effective due to the temrs of Section II, above, the daily rate for calendar year 2025 shall be $161.68 (an increase of 570 over 2024). KCJ rvill pn:mptly notity The City if an olfender is placecl alone in such a cel[, unless that housirrg is incrdental to moving the off'ender or tbr shorl term disciplinary separation IX. Billins {nd Billine Disnute Rcsolution Procedrres A. The County shall transnrit billings to the City of Roslyn on the following dates: April l5th. July I 5th, October l5th, and January I 5th. Within fbrty-five (45) days atter receipt, the City shall pay the fi.rll amoullt billed or withhold any portion thereof related to disputed medical costs and provide the County written notice specifi/ing the amount withheld and the grounds for withholding sr"rch amount, together with payment of the remainder of the amount billed. lntct local ,{greernent tbl Flousing of hurlates Page 5 of 10 ts. Intcrcst on unpaid balances not paid wirhin 45 days of billing shall be computed at LYo of the unpaid balance per month. C. Withholding of any amount billed shall constihrte a dispute to be resolved as follows: 0 The Sheriff, County Prosecuting Attomey. Police Chief and City Attomey or their designees shall attempt to resolve the dispuLe by negotiaLion. 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 rcferred 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 wrirten consent apply to the Superior Court Judge for appointment of an arbitrator whose decision shali be final and binding on both partics. If rnutual written consent to apply fbr the appoinfinent of an arbifi'ator is not reached, either pafty may seek court action to decide the disputed contract provision, ii) Any amotlnt withheld from a billing, plus intcrcst thcrcon as sct forth in Sec IX (B) determined owed to the County plrrsuant to the billing dispute resolution procedure described above shall be paid by thc City within thirty 130) days of the negotiated resolution, arbi trator's dec is ion ol' court ti ndi n g. D. Each party may examine the other's books and records to verily charges. If an exarnination leveals an inrproper 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 agreernent, shall be rehrnded within thirty (30) days o[ the dale of termination. E. Billing Statcments, The Courrty shall provide a billing statement each quarter irr accordance with section lX (A). F. Unpaid balances over 60 days in an'ears may result in cancellation of access to the Jail for booking ol non-t'clouy prisoncrs. G. Upon cancellalion of this agreernent, the City would be responsible for rnaking its olvn amngements for the booking of all City misderneanors, gross misdemeanor, and corlrt committed prisoners. The City would be responsible lbr all transportation, housing. medical and supervision costs for such prisoners. X. Termination A. Terrnination for Material Breach. In the eveut either party belicvcs thc othcr party has materially breached any obligations under this agreemellt, such palty shall so notify the breaching party in r,vriting, stating the basis upon rvhich breach is c,laimed ancl the speoifil, provisions of this agreement clairned to have been violatEd. The breaching party shall have Interlocal Aglcemcnt tbr: Flousing of [nrnatcs Page 6 of l0 thirty (30) days frotn the rcccipt of such noticc to curc thc allegcd brcach and to notify thc non-breachingpafiyinwritingthatcurehasbeenaff-ected. Ifthebreachisnotcuredwithin the thirty (30) days, the uon-breaching parfy shall have the right to terminate this agreement by ploviding ninety (90) days prior written notice to the other party and to Washington State Offrcc of Financial Management, as provicled in RCW 70.48.090. The ninety-day notice shall state the grounds for termination and the specific plan for accommodating the affccted jail popultrtion. B. Termination by Mutual Agreement. This Agreernent may be tenninated by written notrce from either party to the other party and to Washington State Office of Financial Matragement, as provided in RCW 70.48.090, stating the grounds for said terrnination arrd 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 nincty (90) working days attcr receipt ofsuch notice, C, Removal of Inmates F'ollowing Noticc of Tcrmination. Within the nincty (90) day notrce period set forth in subsection A or B above, or within such other period of time as may be agrccd upon in writing by the parties. the City agrees to remove its inmate(s) frorn Kittitas Counfy Jail. In the event of termination of this agreetnent, the City shall compensate the County tbr prisoners hor.rsed by the Cor"rnty 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 terminaled. Upon termination of this agreernent, lhe City w'oukl be responsible fbr making its own arrangements for the booking of all City misdcrncanors, gross mistlcmeanors, and court committed prisoners. Tlre City would be responsible for all transportation, housing, medical and supervision costs for such prisoners. XI. Rcsponsibililv tbr Oll'cndcr's Custody It shall be the responsibility of thc County to continc thc inmate or inmatcs; to providc treatment, including the fru'nishing of subsistence and all necessaly medical and hospital services and supplies; to provide for the prisoners' physical needs; to rnake available to thern programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain propcr disciplinc 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 taithl'ully executed; provided lhat nothing herein oontained shall be construed to require the Cor-rnty, or any of its agents, to provide service, treatment, facilities or programs for any inmatcs conUncd pursuant to this Agreement, which it does not provii{e fbr similar irmates not confined pursuant to this Agreement. Nothing herein shall be construed as to require the County to provide services, treatment, tbcilities or programs to the City's Prisoners above, beyond or in addition to chat which is recluired by applicable law. XII. Right of Refusal The County shall have the right to refuse to accept any prisoner lrom the City who, in the judgment olthe County, has a current medical condition which may adversely aflect the safety lntellocal Agreement tbr Flousing of lnrnates Page 7 of 10 of the individual r:r the safe operations of tlre Kittitas County Jail or the reasonable operational capacity limits rvill bc reached or exceeded, XIII. Indemnilication A. The County shall defend, indemnifli, and hold harmlcss thc City. its agents, employees and officers lrom any and all liability arising out of the perfon.nance olthis agreement, whether by act t-rr omission of the Cor.rnty, its agents, employees or officers. Such liability shall include but not be lirnited to, intentional acts, negligence, and violations of prisoner's constitutional rights. B. The City shall defend, indemnify and hold harmless the County, its agents, employees and otficers from any and all liability arising out of the performance of this agreernent. whether by act or omission of the Ciry, its agents, employees, or officers. Such liability shall include, but is not limitcd to, t'alsc arrcst and falsc imprisonment, C, The Parties' obligations to indemnity, defend and hold harmless shall not extend to injudes, sickness, death or datnage caused by or resulting from the sole willful tnisconduct or negligcnce of the other Party, its agents. officers, cmployccs or sub-consultants. D. The Partics' obligations to indemnify. delencl and hold harmless for injuries, sickness, death or damage caused by or resLrlting fiom the concurrent negligence oL willful nrisconduct of the Parties or of the Parties and a thild party other than an otTicer. agent or employee of the Partics, shall apply only to the extent of the negligence or rvillful rnisconduct of each Party. E. This indemnification provision shall survive the termination of this agreelnent, XIL Entire Contract This agleement represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modify its terrns and conditions. XIV. Modification This agreemellt ntay be modified and amended only in writing ancl signed by the parties hereto. XV. IndependentContractor In providing services under this Interlocal Agreement, Kittitas Coturty is an irrdependent contractor and neither it nor its officers, agents or employees are employees ol the City for any purpose, inch.rding but not limited to, responsibility for any federal ol' state tax, industrial iusurance or Social Security liability. Neither shall the provisi<-rn of sen'ices undcr this Intcrlocal Agreemeut give rise to any claim of career service or civil service rights, which may accrue to an employee ollhe City under any applicable law, rule or regulation. XIV. CeneralProvisions: Intellocal Agreement fbr Flousing of lnmatcs Page 8 of l0 A. Purposc. Thc purposc of this [ntcrlocal Agreement is to permit the joint use of the Kittitas Count-v Jail tbr cont'inement of prisorrers of the parties to the Intertocal Agreenrent, thereby promoting maximum use and efficiency of l"he Kittitas County Jail. B. Administrator. Pursuant to RCW 39.34.030(4)(a), the adrninistrator fbr this agrcement 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 Aggeement shall rernain the propcrty of that party initially or.vning it. D. Venue, Venue for any lawsuit shall be in the Kittitas County Superior Court. E, Filine: This Agrcement shall bc filcd with thc Kittitas Clounty Auditor's OtTicc or, altematively. listed by subject on each or eithet party's web site or other electronically rctlicvablc public sourcc pursuant to RCW 39.34.040. F. Scvcrability. In the event any provisions of this Agreement shall be determinecl to be unenforceable or otherwise invalid for any reason, such provisions shall be enfbrced and valid to the extent pennitted by law. All provisions of this Agreement are severable, and the unenfbrceability or invalidity of a single provision herein shall not affect the remaining plovisions. 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 constmed as a waiver ofany subsequent breach by such other party. FI. Savings Clause. Nothing in this Agreement shall be constnred so as to rcquire the commission of any act contrary to law, and lvhcrcver therc is any conflict bctween any provisions of this Agreement and any shrute, law, public regulation or ordinance, the latter shall prevail, but in sr.rch event, the provisions of this Agreement affected shall be curtailed and limited only the extent necessary to bring it within legal lequirernents. I. Irtl.crprctatiort. This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall bc given n fair and reasonable interpretaLion in accordance with its words, without consideration or weight given to its being draited by any parry or its cotutsel. All words usecl in the singrrlar shall include the plural; the present tense shall include the tirture tense; and the masculine gender shall include the i'eminine and neuter gelder. J. Acccss 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 suclt records and all other records pe$inent to this Agreement and work undeftaken pursuant to this Agreement shall be retained by the parties for a period of six ycars aftcr the tinal cxpiration date of this Agreement or any am€ndments hereto. unless a Interlocal Agreernent tbl Housing oILtmates Page 9 of l0 longer period is required to resolve audit, findings or litigation. In such cases. the parties may eKpressly agree by an amendment or separate agreement for such longer period for record retention, IN WITNESS WHEREOF, the above and tbregoing Interlocal Agreement has been cxecuted in duplicatc by thc partics hcrcto and madc cf1bctivc on the day and year first abovc writtcn: CITY OF'ROSLYN COUNTY OF KITTITAS BOARD OF COUNTY COI}I}IISSIONERS '/tl Lzt ttu City Mayor ATTEST APPROVED AS TO FORIVI: City Attomcy ce-Chai COUNTY OF'KITTITAS SHERIN'F'S OF'FICE lllllltttlt r ST:1 .IJ lie Kjorsvik of the Board- Mandy APPROVED AS TO FORM --1J----' eLtusrT+ Douglas R. Milchell Deputy Prosec{rting Attorney Intcr'local Agrccmcut for Housing of lnmatcs Page l0 of l0