HomeMy WebLinkAboutPD15-008 - Original - Chelan County - Housing of Inmates - 01/01/2015 i
Records M . M
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id"� Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Chelan County
Vendor Number:
JD Edwards Number
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Contract Number: -PD-4-0-260 i)is -- 0015'
This is assigned by City Clerk's Office
Project Name: Interlocal Agreement for Housing of Inmates with Chelan County
Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Grant Agreement ❑ Other:
Contract Effective Date: 1/1/15 Termination Date: Notice
Contract Renewal Notice (Days): N/A
Contract Renewal Notice Check Box if Renewal is Upon Written Notice: X
Contract Manager: Diane Meeuistien Department, Paliee/GerreEtieRS
Contract Amount: $70/day/inmate
Budget Affected: Criminal Justice
Approval Authority: ❑ Department Director ❑Mayor ®City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
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adccW10877 8 14
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INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON
AND THE CITY OF KENT, WASHINGTON, FOR THE
HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JUSTICE CENTER
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this 15 r' day
of _ ,� j" _ 201,a between the City of Kent, Washington, a Washington municipal
corporation, hereinafter referred to as "City„ and Chelan County, Washington, hereinafter referred to
as "Chelan County", each party having been duly organized and now existing under the laws of the
State of Washington.
WITNESSETH:
WHEREAS, The Chelan County Regional Justice Center ("CCRJC") and the City's Mayor are
authorized by law to have charge and custody of the County Jail and City prisoners or inmates,
respectively; and
WHEREAS, the City wishes to designate the CCRJC as a place of confinement for the
incarceration of one or more inmates lawfully committed to its custody; and
WHEREAS, Chelan County Department of Corrections is desirous of accepting and keeping in
its custody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the
parties hereto; and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county
to contract with any other county or city to perform any governmental service, activity, or undertaking
which each contracting county is authorized by law to perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter into
this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as
amended,
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:
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AGREEMENT:
1. 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 inmate or inmates confined pursuant to this Agreement. Additionally, this Agreement shall be
governed by the laws of the State of Washington, and venue for any lawsuit shall be the Chelan
County Superior Court.
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Interlocal Agreement Between Chelan County Page 1 of 10
And the City of Kent
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2. DURATION
This Agreement shall enter into full force and effect upon the last date signed below, though
the term for which this Agreement's provisions are to apply shall begin to run on January 1, 2015.
Upon its effective date, this Agreement shall continue in effect until terminated by either party,upon
written notice to the other as provided for in Section 3(a) below, or until the Agreement is
subsequently amended by mutual agreement of the parties through a formal amendment to this
Agreement. While the parties intend that this Agreement continue until expressly terminated, nothing
in this Agreement shall be construed to require the City to house inmates in Chelan County
continuously.
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3. TERMINATION
(a) By Either Party, Upon Notice. This Agreement may be terminated by written notice from
either party to the, other party delivered by regular mail to the contact person identified herein,
provided that termination shall not become effective until sixty (60) calendar days after receipt of such
notice, unless the parties mutually agree to an earlier termination date. Within said sixty (60)
calendar days, the City agrees to remove its inmate(s) from the CCRJC.
(b) By the City due to Lack of Funding. The obligation of the City to pay Chelan County
under the provision of this Agreement beyond the current fiscal year is expressly made contingent
upon the appropriation and budgeting availability of sufficient funds by the City. In the event that such
funds are not budgeted, appropriated, or otherwise made available for the purpose of payment under
this Agreement at any time after the current fiscal year, then the City shall have the option of
terminating the Agreement immediately upon written notice to Chelan County, except that all services
provided to that point shall be compensated at the agreed rate. The City's termination of this
Agreement due to lack of funding will not cause any penalty to be charged to the City.
(c) Termination for Breach. In the event either party breaches or fails to perform or observe
any of the terms ,or conditions herein, and fails to cure such breach or default within seven (7)
business days of the non-breaching party giving the breaching party written notice thereof, or, if not
reasonably capable of being cured within such seven (7) business days, within such other period of
time as may be reasonable in the circumstances, the non-breaching party may terminate the
breaching party's rights under this Agreement in addition to and not in limitation of any other remedy
of the non-breaching party at law or in equity, and the failure of the non-breaching party to exercise
such right at any time shall not waive the non-breaching party's right to terminate for any future
breach or default.
(d) Compensation for Services Rendered. In the event of any termination, the City shall
compensate Chelan County, in the .same manner and at the same rates provided for within this
Agreement, for prisoners housed by Chelan County after notice of such termination until the City
retakes its inmates.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall be
sent to the following:
Interlocal Agreement Between Chelan County Page 2 of 10
And the City of Kent
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Chelan County: Chelan County Regional Justice Center
401 Washington St., Level 2
Wenatchee, WA 98801
Primary Contact Person: Curt Lutz, Director
Secondary Contact: Kristen Hankins, Business Manager
City of Kent: City of Kent Corrections Facility
1230 Central Avenue South
Kent, WA 98032
Primary Contact Person: Diane McCuistion, Commander
Notices mailed shall be deemed received three (3) calendar days after the date mailed. The parties
shall notify each other in writing of any change of address.
5. DEFINITIONS
The parties hereby agree that the following terms shall have the specified meanings unless
indicated otherwise herein:
(a) Day. One (1) prisoner day shall be each day or portion thereof which a prisoner
appears in custody on the jail management system. The count shall be conducted by the jail
management system and each participating jurisdiction shall be charged for each prisoner who is
detained in the CCRJC on a charge and/or conviction from the participating jurisdiction. If the
prisoner has a pending charge and/or conviction from more than one (1) jurisdiction, the cost for that
.prisoner shall be divided proportionately.
(b) Inmate Classifications. An inmate shall be classified pursuant to the Chelan County
Objective Jail Inmate Classification System which is modeled after the National Institute of
Corrections Jail Classification System:
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(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.
(III) "Maximum" classification shall apply to those inmates who present a substantial
risk to staff and the community.
(c) Business Day. A business day is intended to refer to a normal weekly business day,
excluding Saturdays, Sundays, and holidays generally recognized by employees of the City and
Chelan County.
Interlocal Agreement Between Chelan County Page 3 of 10
And the City of Kent
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6. INMATE HOUSING AND COMPENSATION
(a) Housing. Chelan County agrees to accept and house those minimum classification and
medium classification inmates selected by the City. Chelan County's ability to accept and house the
City's inmates is dependent upon space availability at the CCRJC and subject to Chelan County's
ability to refuse to accept any inmate as provided in Section 20 of this Agreement. None of the City's
maximum classification inmates will be housed by Chelan County.
(a) Rates. Chelan County agrees to accept and house the City's minimum classification
and medium classification inmates for compensation at the rate of $70.00 per day, per inmate, plus
the cost of any medical services rendered In accordance with Section 12 below. This per day rate
Includes minimum and medium classification inmates. The parties agree that Chelan County will not
j charge a separate booking fee in addition to such rate. The date of booking into the CCRJC of the
i City's inmates, no matter how little time of a twenty-four (24) hour day it constitutes, shall count as
one (1) day and shall be billed to the City as a day of custody in Chelan County.
(b) Billing and Paymenk. Chelan County agrees to provide the City with a monthly itemized
bill that lists all names of inmates who are housed, the number of days housed in that billing cycle
(including the date and time of booking and date and time of release), and the dollar amount due for
each Inmate. Chelan County agrees to provide said bill by the 101h of each month. The City agrees
to make payment to Chelan County within thirty (30) calendar days of receipt of such bill for the
amount billed for the previous calendar month.
7. RIGHT OF INSPECTION
The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in
which inmates of the City are confined in order to determine if such jail maintains standards of
confinement acceptable to the City and that such inmates therein are treated equally regardless of
race, religion, color, creed, or national origin; provided, however, that Chelan County shall be
obligated to manage, maintain, and operate its facilities consistent with all applicable federal, state,
and local laws and regulations.
8. FURLOUGHS PASSES AND WORK RELEASE
Chelan County agrees,that no out of custody programs, Including furloughs, passes, electronic
home detention or work release shall be granted to any inmate housed pursuant to this Agreement
without written authorization by the committing court.
9. INMATE ACCOUNTS
Chelan County shall establish and maintain an account for each inmate received from the City
and shall credit to such account all money which is received and shall make disbursements, debiting
such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in
limited amounts as are reasonably necessary for personal maintenance. The Director of the CCRJC
shall be accountable to the City for such inmate funds. At either the termination of this Agreement,
the inmate's death, release from incarceration, or return to either the City or indefinite release to the
Interlocal Agreement Between Chelan County Page 4 of 10
And the City of Kent
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court, the inmate's money shall be transferred to either the inmate's account in care of the City, at
such time the City shall be accountable`to the inmate for said fund, or to the inmate.
10. INMATE PROPERTY
The City may transfer to Chelan County only limited amounts of personal property of the City's
inmates recovered from or surrendered by inmates to the City upon booking. Personal property in
excess of one (1) simple "grocery bag" shall at no time be transferred to Chelan County.
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11. RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide
treatment, including the furnishing of subsistence and all necessary medical and hospital services
and supplies; to provide for the inmates' physical needs; to make available to them programs and/or
treatment consistent with 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 Chelan County, or any of its agents, to provide
service, treatment, facilities, or programs for any inmates confined pursuant to this Agreement, which
it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall
be construed as to require Chelan County to provide services, treatment, facilities, or programs to the
City's inmates above, beyond, or in addition to that required by applicable law.
12. MEDICAL SERVICES
(a) Inmates shall receive such medical, psychiatric, and dental treatment when emergent
and necessary to safeguard their health while housed in the CCRJC. Chelan County shalt provide or
arrange for the providing of such medical, psychiatric, and dental services. Except for routine minor
medical services provided in the CCRJC, the City shall pay directly or reimburse Chelan County for
any and all costs associated with the delivery of any emergency and/or major medical service
provided to the City's inmates. The City shall be responsible for any and all medical, psychiatric, and
dental treatment provided outside of the CCRJC and shall be billed therefore. Examples of medical
services which may be provided in the CCRJC but which are not routine, and for which the City shall
be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis
treatment, and hemophiliac treatment. No psychiatric or dental treatment can be provided in the
CCRJC; all psychiatric and dental treatment of the City's inmates shall be billed to the City.
(b) An adequate record of all such services shall.be kept by Chelan County for the City'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 City as soon as time permits and whenever
possible, before such services are provided.
(c) Should medical, psychiatric, or dental services require hospitalization, the City agrees to
compensate Chelan County dollar-for-dollar any amount expended or cost incurred in providing the
same; provided that, except in emergencies, the City will be notified by contacting the Jail Booking
Desk at (253) 856-5975 prior to the inmate's transfer to an outside medical facility or hospital, if and
when circumstances allow, or as soon afterward as practicable.
Interlocal Agreement Between Chelan County Page 5 of 10
And the City of Kent
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13. DISCIPLINE
Chelan County shall have physical control over and power to execute disciplinary authority
over all inmates of the City's. However, nothing contained herein shall be construed to authorize or
permit the imposition of a type of discipline prohibited by applicable law.
14. RECORDS AND REPORTS
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(a) The City shall forward to Chelan County, before or at the time of delivery of each
inmate, a copy of.all inmate records pertaining to the inmate's present incarceration. If additional
information is requested regarding a particular inmate, the parties shall mutually cooperate to provide
any additional information in a timely manner.
(b) Chelan County shall keep all necessary and pertinent records concerning such inmates
in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan
County, the City shall upon request be entitled to receive and be furnished with copies of any report
or records associated with said inmate(s) Incarceration.
15. REMOVAL FROM THE JAIL
An inmate of the City's legally confined in Chelan County shall not be removed there from by
any person without written authorization from the City or by order of any court having jurisdiction. The
City hereby designates the City's jail commander, or his or her designee, as the official authorized to
direct Chelan County to remove the City's inmates from the CCRJC. This paragraph shall not apply
to an emergency necessitating the immediate removal of the inmate for medical, psychiatric, dental
treatment, or other catastrophic condition presenting an imminent danger to the safety of the Inmate
or to the inmates or personnel of Chelan County. In the event of any such emergency removal,
Chelan County shall inform the City of the whereabouts of the inmate or inmates so removed, at the
earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of
such inmate or inmates.
16. ESCAPES
In the event any City inmate escapes from Chelan County's custody, Chelan County will use
all reasonable means to recapture the inmate. The escape shall be reported immediately to the City.
Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking
of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable
to and borne by Chelan County; however, Chelan County shall not be required to expend
unreasonable amounts to pursue and return inmates from other counties, states, or countries.
17. DEATH OF AN INMATE
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(a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified.
The City shall receive copies of any records made at or in connection with such notification.
Interiocal Agreement Between Chelan County Page 6 of 10
And the City of Kent
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(b) Chelan County shall immediately notify the City of the death of a City inmate, furnish
information as requested, and follow the instructions of the City with regard to the disposition of the
body. In the case of an unattended death, suspicious death, or criminal case, the Chelan County
Coroner has authority over the deceased and will coordinate with local law enforcement to finish the
investigation prior to the release of the deceased inmate. The City hereby designates the then-
assigned jail.commander, or his or her designee, as the official authorized to request information from
and provide instructions to Chelan County regarding deceased inmates. The body shall not be
released except on written order of said appropriate official of the .City, Written notice shall be
provided within three (3) business days of receipt by the City of notice of such death. All expenses
relative to any necessary preparation of the body and shipment charges shall be paid by the City.
With the City's consent, Chelan County may arrange for burial and all matters related or incidental
thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall
govern only the relations between or among the parties hereto and shall not affect the liability of any
relative or other persons for the disposition of the deceased or for any expenses connected therewith.
(c) The City shall receive a certified copy of the death certificate for any of its inmates who
have died while in Chelan County's custody.
18, RETAKING OF INMATES
Upon request from Chelan County, the City shall, at its expense, retake any City inmate within
thirty-six (36) hours after receipt of such request. In the event the confinement of any City inmate is
terminated for any reason, the City shall, at its expense, retake such inmate at the CCRJC Facility.
19, HOLD HARMLESS AND INDEMNIFICATION
Chelan County agrees to hold harmless, indemnify, and defend the City, its officers, agents,
and employees, from and against any and all claims, losses, or liability, for injuries, sickness, or death
of persons, or damage to property, including but not limited to those arising out of any willful
misconduct or negligent act, error, or omission of Chelan County, its officers, agents, or employees,
in connection with the services required by the Agreement, provided, however, that:
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(a) Chelan County's 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 City, its officers, agents, or employees or sub-consultants; and
(b) Chelan County's 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 Chelan County and the City or of Chelan County and a third party other than an
officer, agent, or employee of Chelan County, shall apply only to the extent of the negligence or willful
misconduct of Chelan County.
20. RIGHT OF REFUSAL AND TRANSPORTATION
(a) Chelan County shall have the right to refuse to accept any inmate from the City when, in
the opinion of Chelan County, its inmate census is at capacity and,there is a substantial risk'that,
Interlocal Agreement Between Chelan County Page 7 of 10
And the City of Kent
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through usual operation of the jail, the reasonable operational capacity limits of the jail might be
reached or exceeded.
(b) Chelan County shall further have the right to refuse to accept any inmate from the City
who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the
operations of the CCRJC, has a history of serious medical problems, presents a substantial risk of
escape, or presents a substantial risk of injury to other persons or property, or is classified as a
maximum security inmate pursuant to Chelan County's Objective Jail Classification System. The
inmate should be an inmate who has already been sentenced by the jurisdiction, and should not be
on pre-trial status.
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(c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be
transportedto Chelan County at the expense of Chelan County and shall be returned, if necessary, to
the City by Chelan County personnel at the expense of Chelan County, provided that notice of the
necessity of transport is received by Chelan County three (3) business days prior to the time of the
expected transport. The City hereby designates Its assigned jail commander, or his or her designee,
as the official authorized to notify Chelan County of the dates for transport and the specific inmates to
be transported.
21. INDEPENDENT CONTRACTOR
In providing services under this contract, Chelan County is an independent contractor and
neither it nor its officers,, agents, or employees are employees of the City for any purpose, including
responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall
the provision of services under this Agreement give rise to any claim of career service or civil service
rights, which may accrue to an employee of the City under any applicable law, rule, or regulation.
22. GENERAL PROVISIONS
(a) Severability. In the event any provision of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provision shall be enforced and valid to the
extent permitted by law. All provisions of this Agreement are severable and unenforceability or
invalidity of a single provision herein shall not affect the remaining provisions.
(b) Attorney's Fees. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay al[ its legal costs and attorney's fees incurred in
defending or brining such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by Law; provided, however, nothing in this paragraph shall be construed to limit the
parties' rights to any indemnification required under Section 19 of this Agreement.
(c) 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.
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Interlocal Agreement Between Chelan County Page 8 of 10
And the City of Kent
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(d) 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 to the extent
necessary to bring it within legal requirements.
(e) Ratification and Retroactive Application. Any act consistent with the authority and prior
to the effective date of this Agreement is ratified and affirmed by the parties. If this Agreement is fully
executed after the commencement of the term provided for in Section 2 above, the terms of this
Agreement shall apply retroactively to the start of this Agreement's intended term.
(f) Filing. This Agreement shall be filed with the Chelan County Auditor's Office pursuant
to RCW 39.34.040.
23, 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 it 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 neuter gender.
24. ACCESS TO RECORDS CLAUSE
The parties hereby agree that authorized representatives of the parties shall have access to
any books, documents, paper, and record of the other party that 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 three (3) 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.
25, ENTIRE AGREEMENT
This Agreement represents the entire integrated Agreement between the City and Chelan
County and rsupersedes all prior negotiations, representations or agreements, either written or oral.
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate
by the parties hereto and made affective on the day and year first above written.
Interlocal Agreement Between Chelan County Page 9 of 10
And the City of Kent
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CITY OF KEN^C WA BOARD OF CHELAN COUNTY
COMMISSIONERS
Byy�e oke, City of Kent Mayor
Walter C '
"�;
Doug Eng nd, mission f
S .ATTE I
'EC.e`� �Og-G K.S \VVVViI#lift lot/
ity Clerk Keith Goehner, Commi�� ori�$rai�,
ATTEST:
DATED: Carlye Baity s(n '.
Clerk of the Board
A�tJ -Qllih jf1141V{V
Ap d as to Form:
Cit f Kent Assistant City Attorney Curt Lutz, Direct
Chelan County Regi a J9sti nter
Appr as t or
/ V"ZI
b6ff helan 66ty Prosecutor
c:wewswm:.ourpon.t�em..mwm.»rt ,�a,reern,mew«aww�rtt:vrmxrd van.xma�
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Interlocal Agreement Between Chelan County Page 10 of 10
And the City of Kent
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REQUEST FOR MAYOR'S SIGNATURE
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�T Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Ori inator: Kim Komoto : _- Phone (Originator): x5788
Date Sent: 12/1/14 Date Re uir12/3/14
Return Sigocument to: Kim Komoto CONTRACT TERnRINATION DATE: N/A
ned D
VENDOR NAPE: Chelan County - GATE OF COUNCIL APPROVAL.: 11/4/14
Brief Explanation of Document: -
Interlocal Agreement between Chelan County and the City for the housing of inmates in
the Chelan County Regional Justice Center.
Mayor Cooke previously signed this Agreement on 11/14, however since that date
Chelan County has made Ron Walter the Chair of the Commissioner's board, and
Chelan County would like the City to sign an updated version reflecting this change.
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All Contracts Must Be pouted Through The Law Department
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(This area+to be completed by the Law Department)
Received: i rpil €ft� > 9 1
t ���f
Approval of Lav)t� p � i
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Law Dept. Comments:, �1
Date Forwarded to Mayor: i
Shaded Areas To Be Completed By Administration Staff
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Received; � vV
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Recommendations and Comments:
Disposition.
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��✓rye� 1 ri'�N' ���t?y,� �� ��`:� ��'s('°`�,t1,�% �l, -
Date Returned:
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