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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 Page lJ of 13 R.