HomeMy WebLinkAboutRes-2021-191 InterlocalBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTTON NO. 2021- I I \
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN WHATCOM COUNTY, WASHINGTON AND KITTITAS COUNW, 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, Whatcom County, 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; 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, by action taken at a regular meeting, the governing bodies of each of
the parties to the lnterlocal Agreement attached hereto have determined to enter into this
lnterlocal Agreement for the period from January 1, 2022 - December 31, 2022, subject to
earlier termination as provided in the Agreement;
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
u'14ttT'd ay of D{-/-unful 2021
BOARD OF CO COMMISSIONERS
co HINGTON
Commissioner
i- APPRpVED AS TO FORM:<_. <_ | LJ *zrgt}
Douglas R. Mi(netl, Deputy Prosecuting Attorney
,E-C/'erk of the Board- Julie Kjorsvik
! Deputy Clerk of the Board- Mandy Buchholz
RESOLUTION
I J fii;i['tiJi'"1
Whatcour County Contract No,
Aoaeo tat3
INTERLOCAL AGRETIIVIENT BETWEEN
WHATCOM COUNTYT WASHINGTON
AND KITTITAS COUNTY, WASHINGTON,
FORTHE HOUSING OFINMATES FOR 2022
T'HIS I|$TERLOCAL AGREETVIENT is mlde and enterecr into on tr,ir'l1lhoy otn'ff'Vt!.YlLft--.2021 by and uehueen Ki*irns coungr, wasrringtono a washingtonmunicipal corporation, hereinafter refereel to as "I(ittitas ciunty,r, ,,Th'e county,, or,,lig;,,on behrlf of Kittitas County Jrit' and lVhntconr County, Wrrshington, also n iVashingtonvlunicipal corporationn hercinafter referrccl to as ,,whatcom corinty,;, each party t,aiingbeen duly organized an-d now existing under the laws of the State of lVashington. Bothentitics nray bc referred to in ttris Agreenrent collectively rs "pilrties,, or intliiicluatiy as'?rrty".
}VITNESSETH:
WHEREAS, Kittitas county orvns and opemtes the l(irtitas county Jail(KCJ), located in Ellensburg, Washington; ancl
WHEREAS, whatconr couuty, whose raw entbrcement ofticers a'estpersons for misdemeanors, gross misdemeanors or felonies, lvhich nray result injniling of the persorr arrested: and
IVHERBAS, whatcom county seeks to contract for jail facilities ancl
services from I(cJ for cont]nement of whatcorn courrty pr.isoriers; and
WFIERDAS, KCJ-has expressed a rvi[ingness to provide jair facilities
and services to Whatcom County; and
WHEREAS, tlre..[nterlocrl cooperation Act (chapter 39.34 RCW) ancl
the "city and county Jails Act" (chaptir 70.49 Rcw), aithorizes contracts forjail services made between hvo counties; and
WHEIIEAS , the governing bodies o[ each of trre parties hrereto have
detennined to enter into this Interlocal.Agreernent (lLA) for the Housing ofInnrates by action taken at a regular meeting; and
Now THEREFORE, in consicreration of the above and foregoing
recitals, the payments to be made, the mutual promises ancl covenanrs herein
contained, and for other good ancl valuable consideration, the parties hereto ogree
as follows:
Interlocal Agreement for the Housing of Inmates wharcorn county ond Kittitas county
Page I of 13
I Governirlg Law
The parties hereto agree that, except where expressly ctherwise provided, rhe laws
and administmtive. rules and regutations of tlie Staic of Washington shall govern
in any matter relating to an innrate(s) conlined pursucnt to this Agreement,
II. Terrn
Tltis agreernent slull be eft'ective January 1,202?and shall extend for a period of two year.s
until midnight. Decernber 31, 2023, suUjeci to earlier rcrr'r',inoiion ns provided lereirr.
III. Notiqe
All notices, reports' ancl correspondense to the respective parties of this Agr.eement shall
be sent ro the following:
To Whatconr County:
Prinrary Contact:
Secondary Contact:
To the Connty of Kittitas:
Prinrary Conttct:
Seconclary Contact
IV
Whatcorn County Sherifls Office
3l I Grand Ave.
Bellingham WA,98225
Wendy Jones, Chief Coruections Deputy
Lt. Caleb Erickson
Phone: 360-778-6500
Kinitas County Jail
205 W Sth Ave, Ste I
Ellensburg WA 93926
Commander Steve Panattoni
Lt. Edward Buntin
Phone: 509-962-7527
Definitions
The Parties heleby agree.that the following tenns shall have the specified meanings unless
indicated otherwise herein:
A. Day,. A twenty-four hour-long unit of time commencing at 00:00:01 a.m., ancl encling
at 23:59:59 p.m.
B, lnmate Classifications. Shall be pursuant to the Kittitas County Jail Objective Jail
lnmate Classificatiort which is modelecl after tlre National lnstitute of iorections Jail
Classificatiorr.
i) "Minimum" classification shall apply to those inmates who present
Interlocal Agreement tbr the Housi.gorrnrnates whatcom county and
Irage 2 of 1J
v.
ii) "lvtedium" classification shall apply to those inmates rvlro presenr
n nroclerate risk to staff aud the cornmunity.
iii) "ldaxirnurn" classification shall apply to those inmates
who present a substantial risk to staff ancl the comnrurrity.
C. Whatcon: Prisoner (or may also be referrecl to trs off'encler in this Agreement)_means aperson arrested by a Lalv Enforcement Ofl'icer olWhatcom County or another larv
enforcement agency located within Whatcom County, eitlrer on belalfof Whatcorn
County or on behalf of municipalities lvithin Whatcom County and booketl into theKittitas County Jail (KC.l) nt any tinre and lor any reoson, inciuding after sentencing.
lt is anticipated that prisoners confincd at KCJ wjlt Ue rhose senhn;ed to tenns of
incarceration in jail for periods of three hundred sixty-f rve dnys (365) or less, but may
also be, as deeured apptopriote, be prisoners not yet convicted under the same terms
and conditions as those serviug sentences. Transportation of all prisoners confined at
KCJ pursuant to this ILA shall be the responsibiiity of Whatcom Couuty, ipcluding
all costs.
D. Access of legal cottnsel to such prisoners shall be pursuant to the policies alcl
schedulE of KCJ, and no cost of such counsel shali be the responsibility of the KCJ.
Kittitas County is in the prccess of inplementirrg vicleo confererrcing tto1. cou.t
proceedings and attorney access, and upon implenrentation thereof, ivhatco,r, Countywillbe allowecl to mahe use of this technology ancl process at its own expense.
t. 4nt bond to be posted for Whatconr Prisoners shall be postecl in accorclance witlr
the orders ofthe court setting the pre-tlial conditions, anclall such prisoners shall be
tmnspotted to wlratconr county by and at the expense of whatcom county, except
that KCJ and Whatc,om County may corne to Jgreement for alternatioe tranrpo,t
lPtions. paid fbr by Whatcom County, including but not linrired to rhe purchar" bf u
bus ticket from Ellenstrurg to Bellingham, the cost of which would be ieirnbursed tcr
KCJ.
Criteria for Determinine Prisoner Status
For the purposes of this agrcelnent:
A' Whatcom Prisoners being booked into the Kinitas County Jail shall remain the
responsibility of the Whatcom County Transport Deputies and shnll not be deemed an
innrate of that facility until the Whatcom county prisoner is accepted by KCJ
Corrections staff at the time of booking. Only Tianspod Deputies authoriiecl by
Whatconr County may present a prisoner for confinement in KCj pursuant to this ILA
unless previotnly arranged and approved in writing by the Jail Commander or. his/her
a low risk to stalland the conrrnunity
Interlocal Agreernent for lhe l.lousing of lnnratcs Whatcom County and
Kittitas County
Page 3 of 13
vI.
clesignee or superior. Any prisoner h'ansported by Whatcom County to the KCJ rvith
documetttation shorving that the prisoner: is being held pursrnnt to an or.cler.entercd by
any court in Whatcom County will be presumed to be acceptabls for confinement
except as otherwise provided herein.
B. If a Whatconr Corrnty Off'ender behaves in such a mannel.that disciplinary action is
nceded to couect the bchaviot', thc Whatcom County offencler.will be'subjeited to the
same disciplinary plocess utilized by the County tbl the KCJ oft'endcts. if a sanction
applied resttlts in lossolgood time, KCJwillnotifythe Whntcom County contact. If
the off'ender behavior is to the level that KCJ determiues thcy are no longct'apprnpriate
for KCJ, notice rvill be urade to lVhatcom County ancl the oi'fbrrder. r'emovecl-flioui f Ctvia either the regularly schedtrled llansport or as call be reasonably arrangetl by
Whatconr County through special tmnsport,
Jail and lVledical Services
A' lnmates deemed Whatcotn Prisoners for rnedical purposes shall nrean any person
incarcerated pul'suant to this ILA. T'hese prisoners shall r.eceive such ittedicat,
psyclriat|ic and dental trectment rvhen emergent ancl nccessary to saf'eguard their healtli
while housed in the Kittitas County Jail in the same manner ancl to tlie same extent as
any other prisoner. KCJ will provide ot an'ange for provicling of such nredical,
1>sychiatric aucl dental services. Exee;rt for routine minor riredical services pr.oviclecl by
tlte County within the Kittitas County Jail, Whatconr County shall uttimately be
responsible and pay directly or reinburse the KCJ for any and ali costs associ€rted with
the delivery of any enrergency or necessary nreclical service providecl to Whatcom
Prisoners. Whatcom County shatl be rcsponsible for any and all elnergent or necessary
tnedical, dental and psychiatric trcatment provided ouisicle of the Kittitas County Jail
and shall be billed thereafter.
B. If the County becomes aware that a lVhatcom Prisonel is in neeclof medical health care
requiring the assistance of a medical heslth care services provider outside of the Kittitas
County Jail, thcrt the County shall rnake reasonable effort to notify Whatcom County
prior to obtaining said service. In the case ol emergency, the bounty may notifu
Whatcom County after the service has been provicled. Due to ttri reaiities of
transportixg prisotrers between Whatcom County ancl the KCJ, it is anticipatecl that
other thall routine medical appointnrents sclredulecl in advance, I(CJ shall perfonn suclr
tmllspo$ and other obligations needed to acldless the health neecls of Whatcom
Prisoners in the satne tnnnner as any other inmate of KCJ. Whatcom County shall be
responsi[:le for the cost of all transport nnd other al'rangements. To the exteni possible,
the pafties agree that Whatcorn County will not seek to place its prisoners in fCl ii
significant medioal care is reasonably anticipatecl.
C. An adequatc rccord of all such services shall be kept by the County for Whatcorn
County's review at its request, to the exterrt consistent with confidentiaiity regulatior.rs.
Any rnedical or dental services of major consequence shall be reported to Whatcom
County as soon as timc pcrtnits. Ilthc offender is translcrrccl back to Whatcom County,
lnterlocal Agr.eement for the Horrsing;lrt;rr"* Whatconr County and
Page 4 of t3
uI.
a discharge summary containing infonnation concerning health care proviclecl at KCJ
shall acconrpany the offender via thc Transport team.
D' Should medical, psychiatric or dental services require hospitalization, WhatcomCounty agrees to compensate KCJ dollar for clollai any arnourrt expendec{ or cost
irrcurred in providing the sorne,
E. Upon paynent to KCJ by Whatcorn County lor a Whatconr Prisoner's health care
expetlse, the County r'vill assign to Whatcom County, if requestecl by Wharcom County,
lt]Y lttcf all right to reimbursentertt tbr rneclical
"xper.tses
authorizecl uncler RC{V
70.48. t30.
F' whatcom county agr.eej to. Fay directry or rcimburse the county for any and ail
nreclical expellsesi as clcfined in Section Vl.A, incurred tbr Whatcom prisorrirs whichare llot performed by medical statT on contlacr lvith the County within the KittitasCounty Jail' or paid by the Departnrent of Social ancl Flealth Services, includipg
medical, psychiatric, and dental bills as well as prescliption nreclication .*[.nr*r.
Trrrnsnortntion
Kittitas County shall tre t'esponsible tbr the transpoftation of all prisoners fi.om KCJ tolocal n'redical services and back. whatcom County shall pay tlie actual costs for Ki$itasCounty persortnel required to applonriately ancl s*fuly tronqroft and mairrtain custoay oiprisoners dtrring medical tltatment, including ovefiime as needed to ntaintain stafling foropetations. Kittitas County will contact Whatcom County with regard to any pre-plainecl
major rnedical tre0tnlent to allow Whatcom County to consider the-option of uringit, n*npersonnel for transport and security, including provision of fenrale per.sonnel for rnedical
motters specitic to women.
Whatcom County shall be responsihle for transporting nll inmates to and fr.om custody
bet'ween whatcom county and KCJ. KCJ sdll plJvicle whatcorn county adequateand sutlcierlt nolice of a Wltatcom County offender retease clate from KCJ so'thatWhatcom County can at'rarlge transpon on ilre scheclulecl transpo$ back to WhatconrCo11ty' to. prevent an inmate fi'om being helcl beyoncl their reliase date. All inmatessltall be picked up and tlanspotted to Whatcom county not less than 14 hours frorn
discharge, with the exceptiotts noted unclcr Section IV iE) for offerrders rcleasecl oncebond had been posted. Whatcom County shall provide all'clocumerrtatiou relatecl to thebooking of innratcs, including court orders ancl the clate and tirne at which custody
cornmenced and is to end.
lnterlocal Agreement lor the Housing of lntnates Whatcom County and
Kittitas County
Page 5 of l3
VIII. Comnensation
A, Kittitas County agrees to accept and house lVhatcom Prisoncrs flor compensation per
prisoner at the rate of$69,83 per day fot the year 2022 and $71.32 per clay tbr rhe year
2023 (also see Sectiott VI herein) except as provided belor,v. This iate inclucles
minilnum, medium ancJ ma.titnurn classification inmates. The parties agree that the
County lvill not charye Whatcorn Counfy a sepilrute booking fee in addltion to such
Iate.
B. The rate oIcotnpensation fbr any innrate requiring additional or specinlized conditions
of incarceration to the exlcnt tl'rat they must be placed alone in a single cell elesigned
for double occupancy shall be $119.65 per day for the year 202? anait+e .el p"iany
for tlte year 2023. .KC.l will pnrrnptly notify Whatcorn bounty if arr otTencler is placecl
alone iu such a cell, unlcss that housing is inciderrtal to uroving the oft'encler or tor slrorr
telrn disciplinary separation.
C' 'fhe date ol booking into, and the clate of release from, the l(ittitas CoLruty Jail of the
Whatconl Pt'isoner$, no rnatter how little time of a twenty-four hour day iicoustitutes,
shall couttt as one_day for billing purposes and shall be tritleA to Whatcorn Comty as a
day of custody in Kittitas County.
IX.
A. The County shall transmit billings to the designated contacr for Whatcom Counry on
the following dates: April l5th, July l5th, October l5th, ar.rcl January tSth. Within
feirty-five (45) days at'ter leceipt, Whatcom County shall pay the full o*ount billecl or
r'vitlrhold any portion thereof relatecl to disputed meclical iosis ancl provide the Counry
rvrittett notice specifying the amount withheld and the grouucls foi n'ithholcling suclr
amount, together with pnyment of the remainder of the arnount billed,
B. The designated person for billing is:
Laurie Reid, Jail Administrative Coordinntor
Whatcorn Counry Sheriffs Oftice
Public Safefy Building
3l I Crand Ave.
Bellingharn, WA 98225
Phone: 360-778-6506
LReid@co.whatconr.wn. us
C. Interest on unpaid balances lrot paid within 45 days of billing shalt be computed at I %
of the unpaid balance per month, proviclecr that an excepdo; may be maoi uy KCj in
the event of nn unforeseell eveut beyond the control of the parties, Irr this event,
whatcom county will notify KCJ as soon as it possible of the sltuatiorr.
D. Withhotding of any amoturt bitled shall constitute a clispute to be resolvecl as tbllows:
lnter'local Agrecment fo'the Housin€ of'rnrnates whatcom county and
Pagc 6 of l3
x.
i) The Sherifls and Prosecuting Attorneys of Kittitas ancl Whatcom Coupties or
their designees shall attempt t0 resolve the dispute by negotiation. Negotiation
meetings may be condrtcted once per qualter, nieeting iu the m-onths ofJanuary, llrril, July, and October if requested. tf negotiatio's ar.e
unsuccessful, the dispute shall be refen'ed to the Chairs of the l(ittitas and
Whatcorn Counly legislative bodies for settlenrent. If not rcsolved by t6errr
within thiLty (30) days olreferral, the Whatcorn County Executive and Chairofthe Board of Corrnty Commissioners-may, by rnutual writteu consent, uppfV
to the Kittitas County Supet'ior Court for appointrnent of an arbitrator nuttir.
decisitrn shall be t'inal and binding on both parties. Each party shall pay their
o\'vn costs' expenses arrd lbes flor arbitration or litigation. If rnutuaj ivrinen
consent to apply for thc appointtnent of an arbitraior is not reached, eithet.
party may seelt court &ction to deciclc the disputecl contract provision.
ii) Any alnotlnt withheld ti'om a billing, plus interest thereon as set fortl in SectX (B) detentrined ovvecl to t(ittitai -ounty pursilanr to the billing disputeresolution proceclure desclibed above shall Le paicl by Whatcoli Counrywitlrin thirty (30) days of the negotiated resolutibn, arbitrator's decisjcln or
court firrding.
E' Eaclr party may exanline the other's books and recorcls to verify charges. lf ane.ramination reveals an inrptoper charge, the anrount shall be applied to the nixt qLlarter
and.subsequent quarter's payments until the credit has been'exhausted. Any ,inu*.J
credit, which exists at the termination of this agreement, shall be refunded witLin thirty(30) days of the date of tennination.
F. Billing Statements, fhe__!9u1tr shall provicJe a billing statement each quarrer inaccordance with section IX (A).
O. Unpaid balances over 60 days in an€ars nray result in cancellation of access to I(CJ for
booking of Whatcom prisonerc.
H' Upon cancellatiott or expiral,ion of this agreement, all Whatcom prisoners shall be takerrint. whatcom county's custody on or before the effective date.
Tp.rminntion
A. Teflnination tbr Material Breach. ln the event either party believes the other party has
rnaterially bleached any obligations uncler this agreernent, such party shall so notiiy t5e
breaclring party in writittg, stating the basis upon which breach ls clairned o,rj th"specific provisiotrs of this agreement claimed to have been violated. The breachirrgparty shall have thirty (30) days from the receipt of such notice to cure the a[egei
breach and to notify the non-breaching party in writing that curc has been eftbctecl. lf
the lrreach is not cured within the ttrirty (l0j days, the-norr-breaching pmty shall have
Interlocal Agreement for the Housing of lnmates Whatconr County nnd
Kinitas Counry
Page 7 of l3
the right to tenninate this agreernent by providing ninety (90) days 1:rior wrirten notice
to the other party and to Washington State Offrce of Finarrcial lvlanagenrent, as
provided in RCW 70.48.090, The ninety-day notice shall state the giounds for
ternrination and the specific plan lor accommodating the affccted jail poprilation,
B. Tennination by lv'lutual Agleement. This Agreement may be terminated by written
notice fron: eithet party to the other party and to Wasl'ringtbn State Ottce of
-Financial
futanagentent, as provided in RCW 70.48.090, stating thegrouncls tbr saicl tenlination
and spccifying plans for accommodating the affected innrates. The notice must be
delivered by regular rnail ttt the contact pelsons identified in Secrion tV herein.
Telmination shall becorne effective ninety (90) working days atter receipt ol such
ruotice.
C. Rcmoval of lnmates Following Notice of Termination. lVithin the ninety (90) day
notice period set forth in subsection A or B above, or within such ottrer perlod of tirnc
P may be agreed upon in writing by the parties, Whatcom County ogrees to renrove its
inrnate(s) t'rom Kittitas County Jail. ln the event of terrnination of this agreerrerlt,
Whatcont County shall compensate the County for prisoners housec.l by KCJ afrer
notice of sr.tch termination rrntil Whatcorn Courrty retakes its inmates in the same
nanncr and at the same rutes as if this agreement had not been tenninatecl,
XI. Rcsponsibilitv for Offcndcr's Custody
It shall be the rcsponsibility of tlre County to confine the inmate or irrmates; to prqvicle
trciltment, including the fumishing of subsisteuce and all necessary nreclical ancl hospital
scwices and supplies; to provicle tbr the prisoners' plrysical needi; to r.lrake availabie to
them p|ograms and/or treatment consistent with the indiviclual needs; to retain them in saicl
custody; to supervise thenr; to tnaintain proper discipline ancl control; to make eertain that
l,hey. rec-eive no special privileges and that the sentence and orders of the cornmitting court
in the State are faithtllly executed; provided that nothing herein contained sliall be
constt'ued to require the County. or any of its agents, to provide service, treBtment, facilities
or progmms tbr any inmates confined pursuant to this Agreernent, which it does not;:rovide
for sirnilar imrafes not cottfined pursuant to this Agreement. Nothing herein shall be
construed asto require the County to provicle services, treatrnent, facilities or programs to
Whatcom Plisoners above, beyond or in adclition to that which is required by af,plicable
law.
XII. Rlsht of Refusal
The County shall lrave thc right to refirse to accept any prisoner fronr Wlmtcom County
w-!o, in theiudgment ofthe County,has acurrent health conditiorrwhich may aclverscly
affect the safety of the individual or the safc operations of the Kittitas County Jail or wiil
cause the reasonable operntional capacity limits of KCJ to be rcached or exceeded,
lnfellocal Agreenrerrt for the Housing of Inrnates Whatconr County and
Kittitas County
Page 8 of13
I(CJ does not have the capability to house and care for inmntes rvith serious medical or
nrental health diagnoses. Such inmates are not eligible to be incarcerated in KCJ. To et'rsure
that such inmates are not presented to KCJ, all relevant records or other informatiorr ol
whatever nature in the possessiorr of or known tn Whatcorrr County shall be provided to
I(CJ in advance, Thnt inforrr:ration may be exchanged via phorre call. KCJ shall secur.e
such recorcls in a manner consistent with applicable State and Federll larv and destroy them
pronrptly upon thc decision to noi accept such an innate.
XIII. Indemnification
A. Kittitas county shal[ defe'rrcl, indemnify, ancl hold harmless whatcon county, its
agents, employees and ol'ticers l'rum any ancl all liability arising out olthe perlormance
of this agreetnent,lvhether by act or omission olKittitas County, its agents, ernployees
or officers. Srrch liability shall incluclc but not be lirnited to, intentional acts,
negligence, and violations of prisoner's constitutional rights.
B whatcom county shall defend, indemnify and hold hannless Kittitas county, its
agents, employees and officers finm any and all tiabitity arising out of tlre performance
of this agl€ement, whether by nct or omission of whatcom county, its agents,
employees, or officers. Such liability shall include, but is not linritecl to, fhlse arest arrd
lalse irnprisonrnet'lt.
C. 'l'hc Partics' obligations to indenrnify, de lend and hold harrnless shatl not extend to
injuries, sickness, death or damage caused by or resultiug fiorn the sole willfut
misconduct or negligence of tlrc other Party, it agents, officersn employees or sub-
consultants.
D, Tlte Pa$ies' obligations to indemnity, defbncl and hold hannless for injuries, siclcpess,
clsath or damage caused by or resulting from the concurrEnt negligence or willful
nrisconduct of the Parties or of the Parties and a thircl party other than an officer, agent
oremployee of the Parties, shallapply only to the extent of the negligence or willful
misconcluct of each Party.
E. The pafties agrce to cooperate in defense of any and all claims nrade, of whatever
natur€, to the extent possible.
XIV. Entire Contract
This agreernent represents the entire unclelstanding ofthe parties ancl supersedes any oral
representations that are inconsislent with or modity its tenns and conditions.
XV. Modification
lnterlocal Agrecurent for the Housing o[lnnralcs Whntcorn Counly and
Kittitas County
Page 9 of 13
'l'his agreement may be rnodified and amended only in rvriting ancl signed by the parties
hereto.
XW. Independent 9pntractor
XVII. Generll Provisions:
A. Purpose. 'l'he purposc of this Interk:cal Agrcenrent is to penuit the joipt use ol the
Kittitas County Jail for contjnemeut of prisoners of the parties to the Interlocal
Agreement, thereby promoting maxinrum use and efficiency of the Kittitas County
Jail.
B. Adrnj.nistratoq. Pumuanr to RCW 39.34.030(4)(a), the administrator fbr this
agreement shall be the Superinrendent of rhe Kittitas County Jail.
c. Ploperty, unless otheru,ise specifically agreed by the parties in writing, all property,
personal and real, utilized by the pafties hereto in the Execution of this Agreirnent
slrall rernain the property of that parry inirially owning it.
D, Venue. Venue for any lawsuit shall be detennined pursuant to RCW 36.01.050.
E. Filing. 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 sourcc pursuant to RCW 39.34,040.
ScveJability. In the event any provisions of this Agreement shall bc dctcrminecl to bc
unenforceable or otherwise invalid for any reasou, such provisions shall be enforced
and valid to the extent permitted by law. All provisions of this Agreement are
sevetable nnd the unenforceability or invalidity of a single provision herein shall not
affect the remaining provisions.
ln providing seruices under this Interlocal Agreement, Kinitas County is an indepenclent
contractor and neither it nor its officers, agents or employccs arc cnployees of Whatcom
Coutrty for any purpose, including brrt not lirnited to, responsibility lor any federal or state
tax, industriul insurance or SocinlSecurity liability. Neither shallthe provision of services
under this Interlocal Agreement give rise to any claim of carcer service or civil sewice
rights, which may accrue to an etnployee of Whatconr County under any applicable larv,
rule or legirlation,
F
C. Waiver of Bt'eac11. The waiver by either party of the breach of any provision of this
Agreenrent by the other party must be in writing and shall not operate nor he construed
as a waiver ofany subsequent breach by such otlrer pnfty,
lntellocal Agreenrent lor the Housing of tnnrates lVhatconr County and
Kitritas County
Page l0 of 13
H. Savings Clarrse, Nothing in this Agreement shall be construed so as to requir.e the
commission of any act contrary to law, and wherever there is ar:y corrflict betrveen
any plovisions of this Agreement and any statute, hw, public regulation or ordinance,
the latter shallprevail, but in such event, the pmvisions of this Agreement affected
shall he curtailed and limited onty the exterlt necessary to bring it within legal
requirements.
Intqrpletation,_This Agreentent lras been submitted to the scrutirry of all parties arrd
their counscl, ilclesiled, and it shall be given a t'air and reasonabl" interpretation in
accordallce with its words, without consideration or weight given to its being clraftecl
by any party or its counsel. AlI words used in the singular shall include the plural; thc
pt€sent tettse shall include the fufttre fense; and the masclrllne gender shall inclgde the
ferninine and neutEr gender.
J. Access to Recotds. The parties ltereby agree that aurhorized reprtsentativcs of the
parties slmll have nccess to any books, documents, paper and recor.cl ol'the other party
which nre pertinent to this Agrcernent for the purposes of makirrg auctiri,
exatninatiotts, excerpts and transcriptions. All such records and all othei records
pertinent to this Agreement and work undertaken pursuant to this Agreement shall be
rctained by the parties tbl a period of six years afler the final expiration clate of this
Agt'eement or any atnendrnents hereto, unless a longer period is requir.ect to resolve
audit, findings or litigation. ln such cases, the parties may expressly agr.ee by an
amendment or separate agreernent folsuch longer period lol record retention.
ITHE REMATNDER OF TH|S PAGE tS INTENT|ONALLY tEFT BLANKI
Interlocal Agreenen! for the Housing of lnntates Whatconr County and
I(ittitas County
Page tt oft3
IN WITNASS WHEREOF, the above ancl foregoing Interlocal Agreement has been executed
in duplicate by the parties hereto and nrade e tlbciive on the clny anJyear fi$t above written:
WHATCOM COUNTY;
Recom for
It I
Sheriff
Approvcd as to form:
'Yn
Prosecuting Attorncy Date
Annroved:
Accepted for Whatcorn County:
*L S;,^^By
Satpal Sidhu,County Executivs
STATE OF WASHINCTON )
couNrYoFwHArcoM l*
On this J6l day of .falr+c,r? ,20&before rne personaly appeared Satpat Sidhu, ro me
known to be the Executive of Wfiatcorn County, who executecl ih"-above instrument and who
acknowledged to me the act of signing and sealing therrof.
?\
NOTARY
residing at
ln tbr State of Washington,
My commission
#
expr
lnterlocal Agreernent for thc Housing of Innrates Whalconr County and
Kittitas Counry
Page 12 of t3
COUNTY OF KITTITAS
BOARD OF
rm0rl
mlssroner
COUNTV OFIflTTTTAS
SHERIFF'S OFFICE
--QL"t ,*r,
Claytod l{yer( Sheliff
FORIVI1ti
.r1f,erkof the Board- Julie l(jorsvik
Deputy Prosecuting Aftorney
tr Deputy Clerk of the Board- Mandy Buchholz
lntcrlocal Agreenrent for the l.lousing of lnmates Whatcom County and
l(initas County
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