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HomeMy WebLinkAboutSH22-027 TOWN OF S. CLE ELUM JAIL CONTRACT FOR 2023-2025 - signed by 1INTERLOCAL AGREEMENT BETWEEN THE TOWN OF SOUTH CLE ELUM, WASHINGTON AND KITTITAS COUNTY, WASHINGTON, FOR THE HOUSING OF INMATES FOR THE YEAR 2023-2025 THIS INTERLOCAL AGREEMENT is made and entered into on this 1st day of November, 2022 by and between Kittitas County, Washington, a Washington municipal corporation, hereinafter referred to as "County", and the Town of South Cle Elum, Washington, hereinafter referred to as the "Town", 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 owns and operates the Kittitas County Jail (KCJ), located in Ellensburg, Washington; and WHEREAS, the Town, whose law enforcement officers from time to time arrest persons for misdemeanors, gross misdemeanors or felonies, which may result in jailing of the person arrested; and WHEREAS, the Town does not own or operate its own jail and seeks to contract for jail facilities and services from the County for confinement of Town prisoners; and WHEREAS, the County has expressed a willingness to provide jail services to the Town; and WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) and the Town and County Jails Act (Chapter 70.48 RCW), authorizes contracts for jail services made between a county and a town; 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. Governing Law The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmates) confined pursuant to this Agreement. II. Term This Agreement shall be effective January 1, 2023 until midnight, December 31, 2025, subject to earlier termination as provided herein. III. Notice IV. All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: To the Town: Primary Contact: Secondary Contact: To the County of Kittitas: Primary Contact: Defmitions Town of.South Cie Elum PO Box 166 South Cie Elum, WA 98943 Mayor, James L. DeVere Clerk/Treasurer, Luanne Osiadacz Kittitas County Jail 205 W 5th Ave, Ste 1 Ellensburg WA 98926 Jail Superintendent Steve Panattoni The Parties hereby agree that the following terms 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., 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 Corrections Jail Classification. i) "Minimum" classification shall apply to those inmates who present a low risk to staff and the community. ii) "Medium" classification shall apply to those inmates who present a moderate risk to staff and the community. Interlocal Agreement for Housing of Inmates Page 2 of 10 iii) "Maximum" classification shall apply to those inmates who present a substantial risk to staff and the community. C. Town Prisoner means a person arrested by a Police Officer of the Town or another law enforcement agency on behalf of the Town and booked into the Kittitas County Jail or housed by the Jail for a criminal offense that allegedly occurred within the Town. Any felony arrests which result in misdemeanor or gross misdemeanor convictions are deemed Town prisoners for the purpose of bed days. V. Criteria for Determining Prisoner Status For the purposes of this agreement: A. Town Prisoners being booked into the Kittitas County Jail shall remain the responsibility of the Police Officer of the Town and shall not be deemed an inmate of that facility until the Town Prisoner is accepted by Jail staff for booking. B. Individuals who are arrested by a Police Officer of the Town on behalf of another law enforcement agency (outside warrants or agency assists) and no criminal charges are filed for alleged criminal offenses within the Town, shall not be deemed a Town Prisoner. C. Individuals who are arrested by an outside agency on behalf of the Town and housed in the Kittitas County Jail solely on charges resulting from an alleged criminal offense having occurred within the Town shall be deemed a Town Prisoner. VI. Jail and Medical Services A. Inmates deemed Town Prisoners shall receive such medical, psychiatric, and dental treatment when emergent and necessary to safeguard their health while housed in the Kittitas County Jail. The County will provide or arrange for providing of such medical, psychiatric, and dental services. The County will attempt good faith efforts in seeking reimbursement of costs for those services from the Town Prisoner while they are in custody. Upon release of the Town Prisoner, the Town shall pay directly or reimburse the County for any and all remaining costs associated with the delivery of any emergency or necessary medical service which was provided to the Town Prisoner. B. If the County becomes aware that a Town Prisoner is in need of medical health care requiring the assistance of a medical health care services provider outside of the Kittitas County Jail, then the County shall make reasonable effort to notify the Town prior to obtaining such service. If the Town is contacted and does not authorize the County to obtain the service, then the Town shall, within four (4) hours, pick up the Town Prisoner from the County to transport them to medical care. Provided, in the case of emergency, the County may notify the Town after the service has been provided. Interlocal Agreement for Housing of Inmates Page 3 of 10 C. An adequate record of all such services shall be kept by the County for the Town's review at its request, to the extent consistent with confidentiality regulations. Any medical or dental services of major consequence shall be reported to the Town as soon as time permits. D. Should medical, psychiatric or dental services require hospitalization, the Town agrees to compensate the County dollar for dollar any amount expended, or cost incurred in providing the same; provided that, except in emergencies, the Town will be notified by contacting the on -duty supervisor of the Town prior to the Town Prisoner's transfer to a hospital, if and when circumstances allow, or as soon afterward as practicable. E. In the event a Town Prisoner is being held on additional charges from another contracted jurisdiction (including, but not limited to, the cities of Kittitas, Cle Elum, Roslyn, and Ellensburg), the Town's responsibility for medical costs attributable to that prisoner shall be no greater than that of the other jurisdiction(s). F. Upon compensation to the County by the Town for a Town Prisoner's health care expense, the County assigns to the Town any and all right to reimbursement for medical expenses as authorized under RCW 70.48.130. VII. Transportation The County shall be responsible for the transportation of all Town Prisoners outside the Jail and the adjacent courthouse, unless agreed upon otherwise by the Parties in a specific instance. The Town and County agree to equally support the transportation of female Town Prisoners for female -specific medical purposes where no female Corrections Officer is available, and where the Town has a female Officer available on duty. VIII. Compensation The Town shall pay the County the following fees for providing custodial services for Town Prisoners: A. For 2023 the Town shall pay the County $6,930.00 per year, as follows: First Quarter (January 1 — March 31) $1,732.50 Second Quarter (April 1 - June 30) $1,732.50 Third Quarter (July 1 — September 30) $1,732.50 Fourth Quarter (October 1 — December 3 ) $1,732.50 B. For 2024 the Town shall pay the County $7,276.50 per year, as follows: First Quarter (January 1 — March 3 ) $1,819.13 Second Quarter (April 1 - June 30) $1,819.13 Third Quarter (July 1 — September 30) $1,819.12 Fourth Quarter (October 1— December 31) $1,819.12 Interlocal Agreement for Housing of Inmates Page 4 of 10 IX. C. For 2025 the Town shall pay the County $8,022.35 per year, as follows: First Quarter (January 1 — March 31) $2,005.59 Second Quarter (April 1 - June 30) $2,005.59 Third Quarter (July 1 — September 30) $2,005.59 Fourth Quarter (October 1 — December 31) $2,005.58 This rate includes minimum, medium and maximum classification inmates. The Parties agree that the County will not charge the Town a separate booking fee in addition to such rate. The date of booking into, and the date of release from the Kittitas County Jail of the Town Prisoners, no matter how little time of a twenty -four-hour day it constitutes, shall count as one day and shall be billed to the Town as such. These rates do not include medical costs as described in section VI. BillinsE and Billine Dispute Resolution Procedures A. The County shall transmit billings to the Clerk'Treasurer of the Town on the following dates: April 15th, July 15th, October 15th, and January 15th. Within forty-five (45) days after receipt, the Town shall pay the full amount billed or withhold any portion thereof related to disputed medical costs and provide the County written notice specifying the amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed. B. Interest on unpaid balances not paid within 45 days of billing shall be computed at 1% of the unpaid balance per month. C. Withholding of any amount billed shall constitute a dispute to be resolved as follows: i) The Sheriff, County Prosecuting Attorney, Police Chief, and Town Attorney or their designees shall attempt to resolve the dispute by negotiation. 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 referred to the Town Mayor and the Chair of the Board of County Commissioners for settlement. If not resolved by them within thirty (30) days of referral, the Town Mayor and Chair of the Board of County Commissioners may by mutual written consent apply to the Superior Court Judge for appointment of an arbitrator whose decision shall be final and binding on both parties. If mutual written consent to apply for the appointment of an arbitrator is not reached, either party may seek court action to decide 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 pursuant to the billing dispute resolution procedure described above shall be paid by the Town within thirty (30) days of the negotiated resolution, arbitrator's decision or court finding. Interlocal Agreement for Housing of Inmates Page 5 of 10 D. Each party may examine the other's books and records to verify charges. If an examination reveals an improper charge, the amount shall be applied to the next quarter and subsequent quarter's payments until the credit has been exhausted. Any unused credit, which exists at the termination of this agreement, shall be refunded within thirty (30) days of the date of termination. E. Billing Statements. The County shall provide a billing statement each quarter in accordance with section IX (A). F. Unpaid balances over 60 days in arrears may result in cancellation of access to the Corrections Center for booking df non -felony prisoners. G. Upon cancellation of this Agreement, the Town would be responsible for making its own arrangements for the booking of all Town misdemeanors, gross misdemeanor, and court committed prisoners. The Town would be responsible for all transportation, housing, medical and supervision costs for such prisoners. X. Termination A. Termination for Material Breach. In the event either party believes the other party has materially breached any obligations under this Agreement, such party shall so notify the breaching party in writing, stating the basis upon which breach is claimed and the specific provisions of this Agreement claimed to have been violated. The breaching party shall have thirty (30) days from the receipt of such notice to cure the alleged breach and to notify the non -breaching party in writing that cure has been affected. If the breach is not cured within the thirty (30) days, the non -breaching party shall have the right to terminate this Agreement by providing ninety (90) days prior written notice to the other party and to Washington State Office of Financial Management, as provided in RCW 70.48.090. The ninety -day notice shall state the grounds for termination and the specific plan for accommodating the effected jail population. B. Termination by Mutual Agreement. This Agreement may be terminated by written notice from either party to the other, stating the grounds for said termination and 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 ninety (90) working days after receipt of such notice. C. Removal of Inmates Following Notice of Termination. Within the ninety (90) day notice period set forth in subsection A or B above, or within such other period of time as may be agreed upon in writing by the parties, the Town agrees to remove its inmate(s) from Kittitas County Jail. In the event of termination of this Agreement, the Town shall compensate the County for prisoners housed by the County after notice of such termination until the Town 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 Town would be responsible for making its own arrangements for the booking of all Town misdemeanors, gross misdemeanors, and Interlocal Agreement for Housing of Inmates Page 6 of 10 court committed prisoners. The Town would be responsible for all transportation, housing, medical and supervision costs for such prisoners. XI. Responsibility for Offender's Custody It shall be the responsibility of the County to confine the Town Prisoner(s); to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the Town Prisoner(s)' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require the County, or any of its agents, to provide service, treatment, facilities or programs for any Town Prisoner(s) confined pursuant to this Agreement, which it does not provide for similar offenders not confined pursuant to this Agreement. Nothing herein shall be construed as to require the County to provide services, treatment, facilities or programs to the Town's Prisoner(s) above, beyond or in addition to that which is required,by applicable law. XII. Right of Refusal The County shall have the right to refuse to accept any prisoner from the Town who, in the judgment of the County, has a current medical condition which may adversely affect the safety of the individual or the safe operations of the Kittitas County Jail; or when the reasonable operational capacity limits will be reached or exceeded. XIII. Indemnification A. The County shall defend, indemnify, and hold harmless the Town, its agents, employees and officers from any and all liability arising out of the performance of this Agreement, whether by act or omission of the County, its agents, employees or officers. Such liability shall include but not be limited to, intentional acts, negligence, and violations of the Town Prisoner's constitutional rights. B. The Town shall defend, indemnify, and hold harmless the County, its agents, employees and officers from any and all liability arising out of the performance of this Agreement, whether by act or omission of the Town, its agents, employees, or officers. Such liability shall include, but is not limited to, false arrest and false imprisonment. C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the sole willful misconduct or negligence of the other Party, its agents, officers, employees or sub -consultants. D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Parties or of the Parties and a third party other than an officer, agent or employee of the Parties, shall apply only to the extent of the negligence or willful misconduct of each Party. Interlocal Agreement for Housing of Inmates Page 7 of 10 XII. Entire Contract This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. XIV. Modification This Agreement may be modified and amended only in writing and signed by the Parties hereto. XV. Independent Contractor In providing services under this Interlocal Agreement, Kittitas County is an independent contractor and neither it nor its officers, agents or employees are employees of the Town for any purpose, including but not limited to, responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Interlocal Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the Town under any applicable law, rule, or regulation. XIV. General Provisions: A. Purpose. The purpose of this Interlocal Agreement is to permit the joint use of the Kittitas County Jail for confinement of prisoners of the Parties to the Interlocal Agreement, thereby promoting maximum use and efficiency of the Kittitas County Jail. B. Administrator. Pursuant to RCW 39.34.030(4)(a), the administrator for this Agreement shall be the Sheriff of Kittitas County. 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 Agreement shall remain the property of that Party initially owning it. D. Venue. Venue for any lawsuit shall be in the Kittitas County Superior Court. E. Film : This Agreement shall be filed with the Kittitas County Auditor's Office or, alternatively, listed by subject on each or either Party's website or other electronically retrievable public source pursuant to RCW 39.34.040. F. Severability. In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable, and the unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. Interlocal Agreement for Housing of Inmates Page 8 of 10 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 construed as a waiver of any subsequent breach by such other Party. H. Savings Clause. Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only the extent necessary to bring it within legal requirements. I. Interpretation. This Agreement has been submitted to the scrutiny of all Parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neutral gender. J. Access 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 such records and all other records pertinent to this Agreement and work undertaken pursuant to this Agreement shall be retained by the Parties for a period of six years after the final expiration date of this Agreement or any amendments hereto, unless a longer period is required to resolve audit, findings, or litigation. In such cases, the Parties may expressly agree by an amendment or separate agreement for such longer period for record retention. Interlocal Agreement for Housing of Inmates Page 9 of 10 IN WITNESS WHEREOF, the above and foregoing Interlocal Agreement has been executed in duplicate by the Parties hereto and made effective on the day and year first above written: TOWN OF SOUTH CLE ELUM f r Mayor I' ATTEST: Town Clerk APPRQVW AS TO FORM: To orney COUNTY OF KITTITAS BOARD OF COUNTY COMMISIONERS Chairman Vice -Chairman Commissioner COUNTY OF KITTITAS SHERIFF'S OFFICE &!re& ' -PSK Clay Klyers, gheriff ATTEST: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz APPROVED AS TO FORM: Deputy Pr secuting Attorney Interlocal Agreement for Housing of Inmates Page 10 of 10