Loading...
HomeMy WebLinkAbout2005-03-08 - Chelan County Regional Justice Center - Interlocal Agreements GeneralINTERLOCAL AGREEMENT BETVtirEEN CHELAN COUNTY AIN THE CITY OF EAST V4'ENATCHEE FOR THE HOUSING OF INMATES 11 14 THE C HELAN Cl0UN 1 Y KEG110NA'L JAIL THIS INTERLOCAL AGREEMENT is made and entered into on this 313t day of January, 2005 by and between the City of East Wenatchee, Washington, a Washington municipal corporation, hereinafter referred to as "City", and the Board of County Commissioners of 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 Department of Corrections and the City are authorized by law to have charge and custody of the County Jail and the City prisoners or inmates, respectively; and WHEREAS, the City wishes to designate the Chelan County Regional Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Chelan County is desirous of accepting and keeping in its custody such inmates) in the Chelan County Regional Jail 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 perforin any governmental service, activity or undertaking which each contracting county or city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have detei7nined 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 adequacy of which is hereby acknowledged, the parties hereto agree as follows: 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(s) confined pursuant to this Agreement. 2. DURATION This Agreement shall enter into full force and effect from January 31, 2005 and end January 315 2006, subject to earlier te>�nination as provided by Section 3 herein• This agreement shall be renewed automatically for like successive periods under such teens and conditions as the parties may determine. Agreement Between Chelan County and City of East Wenatchee l 022305 3. TERMINATION (a) By either party. This Ad eement may be tenninated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that tellninatlon shall become effective s1Xty (60) VV011ving days afte'i receipt Gf such notice. ��%7ithir'i said sixty (60) days, the City agrees to remove its imnate(s) from the Chelan County Regional Jail. {b) In the event of termination of this agreement for any reason, the City shall compensate Chelan County for prisoners housed by Chelan County after notice of such termination until the City retakes its ininates in the salve manner and at the salve rates as if this agreement had not been tenninated. 4. MAILING ADDRESSES (a) All notices, report, and correspondence to the respective parties of this Agreement shall be sent to the following: Chelan County: Chelan County Regional Justice Center 401 Washington Street Level 2 Wenatchee, WA 98801 Contact Person: Gale Wick, Interim Director of Corrections, (509) 667-6277 City of East Wenatchee: Mayor 271 Ninth Street N.E. East Wenatchee, WA 98802 Contact Person: Chief of Police, (509)884-9511 (b) The Contact Person for each party for billing purposes only shall be: Chelan County: Sergeant Rhonda McCallister, (509) 667-6319 City of East Wenatchee: City Treasurer, (509)884-9515 (c) Notices mailed shall be deemed given on 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 terns shall have the specified meanings unless indicated otherwise herein: (a) Day A twenty-four hour long unit of time commencing at 000001and ending at 23:59:59 p.m. (b) Irunate Classifications shall be pursuant to the Chelan County Objective Jail Inmate Classification System which is modeled after the National Institute of Corrections Jail Classification System: (i) "Minimum" classification shall apply to those inmates who present a low risk to staff and the community. Agreement Between Chelan County and City of East Wenatchee � 02?305 ` (ii) "Medium" classification shall apply to those inmates who present a moderate risk to staff and the community. (ur) "MaXnnurn" classifrcatlon Shall apply to those mnlates 1110 present a substantial risk to staff and the community. (c) City Inmate is any person ar•ested or taken into custody on charges or warrants based on allegations from within the limits of the City of East Wenatchee, whether by warrant or not. If felony charges are filed by the Douglas County Prosecuting Attorney's Office, such imnate shall be deemed a county inmate from that point forward. 6. COMPENSATION (a) Rates. Chelan County agrees to accept and house City inmates for compensation per innate at the rate of $56.00 per day. The parties agree that Chelan County will not charge the city a separate booking fee in addition to such rate. The date of booking into the CCRJC of City inmates, no matter how little time of a twenty-four hour day it constitutes, shall count as one day and shall be billed to the City as a day of custody in the CCRJC. The date of release from the CCRJC, no matter how much of a twenty-four hour day it constitutes, shall not be billed by Chelan County against the City. (b) Billing and payment. Chelan County agrees to provide the City with an itemized bill. listing all names of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. Chelan County agrees to provide said bill by the 101h of each month. The City agrees to make payment to Chelan County within 30 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 WORK RELEASE ETC. Chelan County agrees that no early releases or alternatives to incarceration, including furloughs, 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 imnate 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. At either the termination of this Agreement, the imnate's death, release from incarceration or return to either the City or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of the City, at such time the City shall be accountable to the imnate for said fund. Agreement Between Chelan County and City of East Wenatchee 3 022305 10. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Chelan County to confine the innate or imnates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the imnates' 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 Chelan County, or any of its agents, to provide 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 City inmates above, beyond or in addition to that which is required by applicable law. 11. MEDICAL SERVICES (a) Inmates from the City shall receive such medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the CCRJC. Chelan County shall 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 City inmates. The City shall be responsible for any and all medical, dental and psychiatric 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 dental or psychiatric treatment can be provided in the CCRCJ; all dental and psychiatric treatment of City 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 pennits. (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 means of contacting the Chief of Police at the City's offices prior to the innate's transfer to a hospital, if and when circumstances allow, or as soon afterward as practicable. 12. DISCIPLINE Chelan County shall have physical control over and power to execute disciplinary authority over all inmates of the City. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of_Washington. 13. RECORDS AND REPORTS Chelan County shall keep all necessary and pertinent records concerning such imnates in the mariner consistent with maintenance of all other CCRCJ inmate records. 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 record associated with said irunate(s) incarceration, to the extent permitted by law. Agreement Between Chelan County and City of East Wenatchee 4 022305 14. REA/1UVAL FROM THE JAIL An inmate of the City legally confined in Chelan County shall not be removed therefrom by any person without written order of any court having jurisdiction. Chelan County agrees that no early releases, furloughs VJo1I: I'elease, or eie%tI'GIII holme detcntron Sllaii be granted to any ilnlnnate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the innate for medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent 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 safe keeping and custody of such innate or inmates. 15. ESCAPES In the event any City inmate shall escape from CCRJC custody, Chelan County will use all reasonable means to recapture the innate. Chelan County shall have the primary 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 the apprehending law enforcement agency; Chelan County shall not be required to expend unreasonable amounts to pursue and return imnates from other states or other countries. 16. DEATH OF AN INMATE (a) In the event of the death of a City innate, the Chelan County Coroner shall be notified. The City shall receive copies of any records made at or in connection with such notification. (b) Chelan County shall immediately notify the City of the death of a City immate, furnish information as requested and follow the instructions of the City with regard to the disposition of the body. The City hereby designates the Chief of Police 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 the appropriate officials of the City. Written notice shall be provided within three weekdays of receipt by the City of notice of such death. All expenses relative to an 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 person 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 custody. 17. HOLD HARMLESS AND INDEMNIFICATION (a) The County shall indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents from and against any loss or claim for damages of any nature whatsoever, arising out of the provision of jail services provided pursuant to the provisions of this agreement, except to the extent such damages are caused by the negligent or willful act or omission of the City, its elected or appointed officials, officers, employees, agents, or a third party. Nothing herein shall be deemed to constitute a waiver by the County of its immunity pursuant to Title 51 RCW. Agreement Between Chelan County and City of East Wenatchee 5 02230i (b) The City shall indemnify, defend and hold harmless the County, its officers, agents, appointed and elected officials and employees, from any loss or claim for damages of any nature whatsoever, arising out of any negligent or willful act or omission of the City, its elected or appointed officials, officers, agents, or employees. 18. DISPUTE RESOLUTION In case of a dispute over the performance or meaning of the provisions of this Agreement which has not been resolved through discussion between the Parties, said dispute shall be submitted to a Dispute Resolution Board consisting of three individuals; one appointed by each party and the third selected by the two initial members. Said board shall decide matters by majority vote. If either Party is not satisfied with the result it may utilize any other remedy to which it may, be entitled at law or in equity. 19. MISCELLANEOUS (a) Chelan County shall have the right to refuse to accept any individual from the City who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the operations of the Chelan County Regional Jail or has a history of serious medical problems. At the discretion of the CCRJC, clearance from the attending emergency physician at Central Washington Hospital may be required before any individual can be booked into custody at the CCRJC. (b) The City prisoners incarcerated in the CCRJC pursuant to this Agreement shall be transported to the CCRJC at the expense of the City. The CCRJC is not responsible for transportation of the City prisoners under this Agreement and shall be reimbursed by the City for any actual expenses incurred in transport of an inmate if, in fact, transportation of an innate by CCRJC becomes necessary. (c) 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. 20. GENERAL PROVISIONS (a) Severability. In the event any of the 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 effect the remaining provisions. (b) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington and venue for any lawsuit shall be in Chelan County Superior Court. (c) Attomey's Fees. In the event it is necessary for either party to utilize the services of an attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to cornpensation for its reasonable attorney's fees and costs. In the event of litigation regarding any teens of this Agreement, the substantially prevailing party shall be entitled, in addition to other relief, to such reasonable attorney's fees and costs as determined by the court. Agreement Between Chelan County and City of East Wenatchee 022305 (d) 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. (e) Savings Clause. Nothing herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between the provisions of this Agreen-ient 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: (f) Filing. This Agreement shall be filed with the Chelan County Auditor's Office pursuant to RCW 39.34.040. (g) 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 neuter gender. (h) Access to Records. The parties hereby agree that authol-ized 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 three 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. (i) Entire Agreement. This Agreement represents the entire integrated agreement between the City of East Wenatchee and Chelan County and supercedes all prior negotiations, representations or agreements, either written or oral. {j) Amendments. All amendments to this Agreement must be in writing and approved by the legislative body of each Party to be effective. Agreement Behveen Chelan County and City of East Wenatchee % 0?2305 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CI1 By: ATTEST: City Clerk Dated: @ Os Approved as to Form: �illul�ll; ►i COO Ff: �%%� (2r Vt BOARD OF CHELAN COUNTY COMMISSIONERS RON WALTER5 KEITH W. GOEHNER, Commissioner BUELL HAWKINS, Commissioner ATTEST: JANET K. MERZ Clerk of the Board Attest: GALE WICK, Interim Director of Corrections Approved as to form: PRY A. RI EN Chelan County Prosecutor Agreement Behveen Chelan County and City of East Wenatchee 022305 i