Loading...
HomeMy WebLinkAboutRes-2022-021 InterlocalBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON REsoLUloN No. 2a22- 0Al 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; and WHEREAS, the City of Kittitas, 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 I8r"of 1, NTY COMMISSIONERS , WASHINGTON an smith, Commissioner t tr')'L AP TO FORM: -'1,t Douglas R. Mitchell, orsvik Mandy Buchholz .ffiWr*of the Board- Julie Kj! Deputy Clerk of the Board- RESOLUTION puty Prosecuting Attorney INTERLOCAL AGREEMENT BETWEtrN THE CrTY OF KITTTTAS, WASHINGTON AND KITTITAS COUNTY, WASHINGTON, FOR THE HOUSING OF INMATES FOR THE YEAR 2A22-7024 \tHrs, INTELLOCAL AGREEMENT is made and enterert into on this l?h dov of )MLLLJJ/L, 2022 by and between Kittitas Counfy, Washington, a Washiogton *unicipal 'torporatiorl/ hereinafter referred to as "Count5r'n, and the City of Kittitas, 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 or,vns and operates the Kittitas County Jail, located in Ellensburg, Washington; and WHEREAS, the City. whose law enforcement officers finm time to time anest persons fbr misdemeanors, gross misdemeanol's or Felonies, which may result in jailing of the person arrcsted; and WHEREAS, the City does not own or operate its own jail and seeks to contract for jail l'acilities and services fi'om 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 Agreernent for Housing of lnrnates Page I of l0 I.Governins LaE The parties- hereto agtee that, except where expressly otherwise provided, the laws andadministrative rules and regulationJof the state orwashington shiu govern in any ma$;;relating to an inmate(s) confined pursuant to this Agreemeit. Term This Agreement shall be effective January l, zg,zzuntil midnight, Decembe r 31, 2024,subject toearlier termination as provided herein. This Agreement wili be automatically renewed for aperiod of one additional year_u.nless either party*gives 120 calcndar days advanced notice of itsindication not to renew. The daily rate for the secind year shall be as provided in Vl1, below. Notice il. ilI. All.notices, reports, and correspondence to the respective parties of this Agreement shal be sentto the following: To the Clty: Ctty of Kltdtas 207 N. Matn/pO Box Tlg Klttltas, WA 98934 Frlmary Contrct: Secondary Contact: To the County of Kittitas: Primary Contact: ry. Deflnitions Mayor of Klttltrs Chlef Aaron Nelson Kittitas County Jail 205 W 5th Ave, Ste I Ellensburg WA 98926 Superintendent Stcve Panattoni lntcrlocal Agrcement for Housing of Inmates Page 2 of l0 Th.e Parties hereby agree. that the following terms shall have the specified meanings unlessindicated othenvise herein: A' P{., A-twenty-four hour-long unit of time commencing at 00100:01 a.m,, and ending at23:59r59 p.m. g' Emetgga$iftseus shall be pursuant to the Kittiras Counry Jail objective Jail InmateClassification which is modeled after the National Instihrte oiConections Jail Classification. i) "Minimum" classification shall apply to those inmates who present a low risk to staff and the community. v vI. ii) "Mediunr"^classification shallapply to those inmates who present a moderate risk to staff and the community. iii) "Maximum" classification shail apply to those inmates who present a substantial risk to staff and the community. C. Cit,v Prisoner means a pjerlon arrested by a Police Officer of the City or another law enforcement agency on.behalf of the City and booked into rhe Kittiias County fait irCD o, housed by KCJ for a criminal offense that atlegedly occuned within the Ciry. anifrfonv arrests which result in misd_emeanor or gross misdemeanor convictions ut d6*ri Cityprisoners for the purpose ofbed days. Criterla for Determininq prisoner Status For the purpo$es 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 deemld an inmate of that facility until rhe City Prisoner is accepted by Jail staffat the time of booking. B. Individuals who are affested by a Police officer of the City on behalf of anotler law enforcement ag€ncy (outside wanants or agency assists) and no criminal charges are filed for alleged criminal offences within the city, shall not be dcemed a city prisonerl C. Individuals who are anested by an outside agency on behalf of the Cify and housed in theKittitas County Jail solely.on charges resulting from an alleged criminal off.nsr ttuuing occurred within the City shall be deemed a Ciiy prisoner, Jail and Medlcal Services A. ' Inmates deemed City Prisoners for medical purposes shall mean any person anested by aPolice Officer of the City or another law enforiement agency on behalf of the City andbooked into the Kittitas County Jail (KCJ) or houscd Ui fil for a misdem."nor, grog misdemeanor or felony offense that allegedly occuned witirin the City. These prisoners shallreccive such medical, psychiahic and denial treatment when emergent and nccessary to safeguard their health while housed in the Kittitas County Jail, The dounry *iif piouiOr o,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, exceptfor routine minor medical services provided by the County witiin the Kittitas County Jail, the Ciry shall ultimately be responsible and_pay directly or rcimburse the County for any andall costs associated.with the delivery of-any emergcncy or necessary medical serviceprovided to City Prisoners. The City shall be responsibie for any ani all emergent or necessary medical,.dental and psychiatric treatment provided outside of the Kittitasbounty Jail and shall be billed thereafter. Interlocal Agreement for Housing of Inmates Page 3 of l0 vu. B. Medical and mental health services are being enhanced in KCJ, which will help offset many costs for the City in terms of medical bills by reducing the need for outside heaiment. Theso investments should keep outside medical costs lower. We have introduccd a full-time mental health counselor and are starting a grant funded medically assisted drug tr€atmcnt program. C. If the County becomes aw11e 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 Jai[ !!el the County shall make reasonable effort to nbtify the City prior to obtaining said sCrvice. If the City is contacted and does not authorize the County to obtain the servicejhen the City shall, within four (4) hours, pick up the inmate from the County to hansport to medical care. Provided, in the case of emergency, the County may notify the bity afteithe service has been provided. D. 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 confidentialiry regulationi. Any medical or dental services of major consequence shall be reported to the iity as soon as time permits. E. Should medical, psychiatric or dental services require hospitalization, the City agrees to compensate the Counfy dollar for dollar any amount expended or cost incuned in providing the same; provided that, -except in emergencies, the City witl be notified by contacting thlduty supcrvisor at the City prior to the prisoner's tiansfer to a hospital, if and when circumstances allow, or as soon aftcrward as practicable, F. In the event a City Prisoner is being held on additional charges from another contractedjurisdiction (including, but not limited to, the cities of Kittitas, Cle Elum, Roslyn, and Ellensburg), the City's responsibility for medical costs anributable io that prisoner shail be no greater than that of the other jurisdiction(s). G. 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 reimlursement for medical expenses authorized under RCW 70.43.130: H. Th9 City agrees to pay directly or reimburse the County for any and all medical expenses, as defined in Section VI.A, incuned for City Prisoners and persons arrested by or on behalf of the City, which are not performed by medical staff on clntract with the County within theKittitas County Jail, or paid by lhe Department of Social and Health Services, including nredical, psychiatric, and dental bills as well as prescriptiorr medication expenses. Cit! responsibility for such medical expenses incunod -for persons convicted of ielonies will terminate upon that conviction. Transnortation The County shall be responsible for the transportation of all prisoners outside the courthouse, unless agrecd upon othenvise by the parties in a specific instanie. The City and County agree to equally support the transportation of female City Prisoners for female sp..ific medicaf purposes Inlerlocal Agreemcnt for Housing of Inmates Page 4 of l0 where no female corrections officer is available, and where the City has a female Officer available on Duty. VIn. Compensation A' The County-ag-rees_ to accept and house City Prisoners for compensation per prisoner at the rate of $69.83 for the year 2022, $7132 for the year 2023, ana $ZO.gg for ihe year 2QZ4 (5o/o increase each year) except as provided below. This rate includes minimum, medium andmaximum classification inmates, The parties agree that the Coung will not charge the City a separate booking fee in addition to such rate, If the option to automaticall/extend tiris agreement becomes effective due to the terms of Section l[, above, the daily rate for calendaryear 2025 shall te $80'84 (an increase of 5% over 2024). The date of booking into, and the date of release from, the Kittitas County Jail of the City Prisoners, no mattsr irow little timeof 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, Kitritas Couniy Sherifps Oflice,Washington State Pahol, Ellensburg PD, Cle Elum/Roslyn/South Cle El;m pD, Kittitas pD, Central Washington-University PD, the City's cost foithose shared bed days shall be nogreater than that ofthe otherjurisdictions. B. The rate of compensation for any inmate requiring additional or specialized conditions of incarceration to the extent that they must be piaced alone in a single ceil designed for double occupancy shall be double the daily rate per day ($139.66 for thJyear 2022,-$146.64 for theyear 2023, and $153.98 for the year 2024\. If the option to iutornarically extend this agreement becomes effective due to the terms of Section lI, above, the daily rate for calendaryeat 2025 shall be $161.68 (an increase of 5% over 2024). Cf win prorptty notiry Kittitas folige Department if an offender is placed alone in su"h a cell,'unless'that housing is incidental to moving the offender or fof short term disciplinary separation tx. A. The County shalltransmit billings to the Chief of Police of the City on the following dates:April lSth, July l5th, October lSth, and January [5th. Wirhin forty-five (45) da]s afterreceipt, the City shall pay the full amount billed or withhold uny poriion thereof reiated to disputed medical costs. and provide the County written notice *p..irying the amount witlheld and the grounds for withholding such amouni together with payment #the remainder of the amount billed. B. lnterest on unpaid balances not paid within 45 days of billing shallbe computed at l% of the unpaid balance per month. C' Withholding of any amount billed shall constitute a dispute to be resolved as follows: i) The Sheriff, C.ounty Prosecuting Attorney, Police Chief and City Attorne! or their dcsignees shall attempt to resotve the dispute by negotiation. Negotiation meetings Intcrlocal Agreement for Housing of Inmates Page 5 of l0 x. may be conducted olc_e-per quarter meeting in the months of January, April, July, andoctober if-requested. If negotiations are unsuccessful, rhe dispure r[;il i;;Arred tothe City Mayor and the Chair of the Board of County Commissioners for seftlement.If not resolved by them within thirty (30) days of reierral, the City rrruyor .nO crtui,of the Board of County Commissioners may by mutual written r;^;;i rppiv ,o trr.Superior Court Judge for appointment of .n aibittutor whose decision strait 6e nnatand binding on both parties. If mutual written consent to apply for the appointm"nt ofan arbitrator is not reached, either party may seek court a.tion to deciAe the disputed contract provision. ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec IX (B)determined.owed to.the County pulsuTt to the bitling dispute r.rofution proceduredescribed above shall be paid bi ttre c-ity within trrir[, tl'ol uays of tne tleiotiatearesolution, arbitrator,s decision oi court finUing. D' Each party may examine the other's books and records to veriff charges. lf an examinationreveals- an improper charge, the amount shall be applied to the next quar(er and subsequenrquarter's payments until the credit has been exhausie-d. nny unused ,r.dit, wtrictr eiists at ttretermination of this agreement, shall be refunded within thirty (30) diys of the date oftermination. E' Billing statements. The County shallprovide a billing statement each quarter in accordancewith section IX (A). F' Unpaid balances over 60 days in anears may result in cancellation of access to the Jail forbooking of non-felony prisoners. G' Upon cancellation of this agreement, the City would be responsible for making its ownarrangements for the_booking of all city misdemeanors, g-s, misdemeanor, in; courtcommitted prisoners. The City would be risponsibte for alf tiansportation, housing, medicaland supervision costs for such prisoners. Termlnatlon A' Termination for Material Breach. In the event either party believes the other party hasmaterially breached any obligations under this agreement, such party shall *o riotiry rrr.breaching party in writing, stiting the basis upon iuhi.h ureactt is'ctaimio anJ trc-specincprovisions of this agreement claimed to have been violated, The breaching p.rry rr,ulr r,*,thirty (30) days from thc receipt of such notice to cure the alieged breach and to notiff thenon'breaching parry in writing that cure has been effected. If tlie breach is not cured withinthe thirty-(30) days, the,non-breaching.party shall have the right to terminate this agreementby^providing ninety^(90) days prior wriiten notice to the otheiparty and to wurttingTon stutuoffice of Financial Management, as provided in RCw 70.48.090. ihe ninety-dry oiiice srrarfstate the grounds for termination and the specific ptan for accommodating the affected jailpopulation. Interlocal Agreement for Housing of Inmatcs Page 6 of l0 xr. xil xtil. B' Termination by Mutual Agreement. This Agreement may be terminated by written noticefrom either party t9 the other party and to Washington State Office of Financial Management, as provided in RCW 70.48.090, stating the lrounds for said termination andspeciSing plans for accommodating the affected inmates. the notice must be delivered byregular mail to the contact persons identified in Section IV herein. Termination shall become effective ninety (90) working days after receipt of such notice, C. Removal of Inmates Following Notice of Termination. Within the ninety (90) day noticeperiod set forth in subsection A or B above, or within such other period of iiri, as may be agreed upon in writing by the parties, the City agrees to remove iis innrate(s) fronr Kittitas County Jail. In the event of termination of this agreement, the Ciry sfrall compensate the County for prisoners housed by the County after iotice of such teimination unin tfr. ciry 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 respionsible for making itsown arrangements for the booking of all City misdemeanors, gross misdemeanors, and court committed prisoners. The City would be responsibte for all trinsportation, housing, medical and supervision costs for such prisoners. Resnonsibilitv for Offender's Custodv It shall be the responsibilify of the County to confine the inmate or inmates; to provide heatment, including the fumishing of subsistence and all necessary medical and hospital Jervicesand.supplies; to provide for thg prisoners.' physical needs; to male available to thim programs and/or treatment consistent with the individual needs; to reiain them in said custody; io rup.ruigthem; to maintain proper discipline and conhol; to make certain that they ,.."iu, no'specialprivileges and that the sentence and orders.of the committing court in rhi State are faitirfully executed; provided that nothing herein contained shall be constiued to require the County, or anyof its agents, to provide service, treatment, facilities or programs foi any inmates confinedpursuant to this Agreemcnt, which it does not provide for similar inmates not confined pursuantto this Agreement' Nothing horein shall be construed as to require the County io'provide services, treatment, facilities or programs to the City's Prisoners above, beyond or in addition to that which is required by applicable law. Rleht of Refusal The County shall have the right to refuse to accept any prisoner from the City who, in thejudgment of the CountX, has a cunent medical condition wiich may adversely afiect the safetyof the individual or the safe operations of the Kittitas County Jail or the reas6nable opeiational capacity limits will bc reached or exceeded. Indemniflcation A. The County shall defend, indemniff, and hold harmless the City, its agents, employees andofficers from any and all tiability arising out of the performanci of thii rgr..*ing'*hetherby act or omission of the County, its agents, mploye.s or officers. S-uch liability shall lnterlocal Agreement for Housing of Inmates Page 7 of l0 xII. xry include but not be limited to, intentional acts, negligence, and violations of prisoner,s constitutional rlghts. B. Thc City shall defend, i4:tnnity and hold harmless the Counry, its agents, employees andofficers from any and all liability arising out of the performancl of thii agreement,'whether by act or omission of the City, its agents, employees, or officers. Such liability shali include, but is not limited to, false arrest and false imprisonment. C' Th: Parties' obligations to indemnifi, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence ofthe other Party, its agents, officers, enrployees or sub-consultants. D. The Parties' obligations to indemni&, defend and hold harmless for injuries, sickness, death or damage caused,by or resulting from the concunent negligence or willful misconduct of theParties or of the Parties and a third party othcr than ai ifii."r, agent or employee of the Parties, shall apply only to the extent of the negligence or willful mis-conduct of each larty. E. This indemnification provision shall survive the termination of this agreement. Entire Contract This agreement represents the entire understanding of the parties and supersedes any oralrepresentations that are inconsistent with or modiff iti terms and conditions. Modilication This agreement may be modified and amended only in writing and signed by the parties hercto. Indenendent Contragtor In providing services under this Interlocal Agreement, Kinitas County is an independent contractor and neither it nor its offrcers, agents or employees are employels of trre -ity?o. .nypurposc' including but not liryi!{ to, responsibility for any fedeial or state tax, industriat insurance or Social Security liability. Neithei shall thi provision of services under rhis lnterlocalAgreement give rise to any claim of career service or civil seruice rights, whigh *ry u".*, to an gap_loye_e of the City under any applicable law, rule or regulation.XIV. GeneralProvisions: A' Eutpose. The purpose of this Interlocal Agreement is to permit the joint use of the Kittitas County Jail for confinement,of prisoners of tne parties to the krterloial Agreement, therebypromoting maximum use and efficiency of the Kiititas county Jail. B, 4dlnjnislratlr, Pursuant to RCW 39.34.030(4)(a), the administrator for this agreement shall be the Superintendent of the Kittitas County Jaii.' xv Interlocal Agreement for Housing of Inmates Page I of l0 C. Pro,perty. Unless otherwise specifically agreed by the parties in writing, all property, personal and real, utilized by the parties hereto in the eiecution of this Agr;meni shall remain ttreproperty of that party initially owning it, D. Venuq. venue for any lawsuit shalr be in the Kittitas county superior court. E' [i!igg: This Agreement shall be filed with the Kittitas County Auditor's Office or,alternatively, listed by subject on each or either party's web site or other electronically retrievable public source pursuant to RCW 39.34.040. F' Sevetability, [n the event any provisions of this Agreement shalt be determined to beunenforceable or otherwise invalid for any reason, such provisions shall be enforced andvalid to the extent permitted by law. All piovisions of this Agreernent are severable, and theunenforceability or invalidiry of a single provision herein shall not affect the remainingprovisions. G. waiver of BreaclL - The waiver by either party of the breach of any provision of thisAgreement by ttre other party must be in wrifing and shall not operate nor -u. construed as awaiver of any subsequent breach by such other party. H. Savings Clause. Nothing in this Agreement shall be construed so as to require thecommission of any act contrary to law, and wherever there is any conflict betrueen "nyprovisions of this Agreement and any slatute, law, public regulation or ordinance, the lattershall prcvail, but in such event, the provisions of this Agreeirent affected shall bi curtailed and limited only the extent necessary to bring it within legal requirements. I. lnterprctation. This Agreement has been submitted to the scruriny of all parties and theircounscl, if desired, and it shall be given a fair and reasonable intlrpretation in accordancewith its words, without consideration or weight given to its being araneC by any farty or itscounsel. All words used in. the singular shal include the phial; the pioseni iense shallinclude the future tense; and the masculine gender shall include the feminine and neutergender. J' Acqpss to Records' The parties hereby agree that authorized representativcs of the parties shall have access to any books, documenis, paper and record oi the other party whictr arepertinent to this Agreement for the-purposes-oi making audits, examinations, excerpts andtranscriptions. All such records and all other records pirtinent to this Agreement ani workundertaken pursuant to this Agreement shall be retained by the parties Tor . prrioO of sixyears after the final expiration date of this Agreement or any arnendments hereto, unless alonger period is required to resolve audit, finding.s or litigation, In such cases, the parties may expressly agree by an amendment or separate agreement for such longei prriod fo,record retention. lnterlocal Agreement for Housing of Lnmates Page 9 of l0 IN WTNEES WHEREoF, the abovc and forcgqing- Intcrlocal Agrcemcnt has bccn cxccuted induplicatc by the partics hcrsto rnd maec sfr;iivc on trci"y ana vc*-irrt above writrcn: CTTYOF KITTTTAS COT'I{TTOFIilTNTAS BOARI)COMMISSIONENS fuJ*l u,k Mayor U COUNTY OFKTTTT]AII $Hf,RIFP'SOTACT ATTE$Tr ASTOFORM: tulio Kjonvik of tho Borrd. Mandy ASTOFOf,J}T: tc) o,r11 Dcputy Intcrlocrl Agromrcnt for Houdng of lnnrtcs pagc l0of l0 Atornoy