HomeMy WebLinkAbout2010-01-10 - Chelan County Regional Justice Center - Interlocal Agreements GeneralExhibit A
INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF
EAST WENATCHEE, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN
COUNTY REGIONAL JUSTICE CENTER
THIS INTERLOCAL AGREEMENT is made and entered into on this I9 day of
20 ld by and between the City of East Wenatchee, 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:
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WHEREAS, The Chelan County Regional Justice Center and the City Mager 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 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
his 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:
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.
2. DURATION
This Agreement shall enter into full force and effect from January 1, 2010 and end December
31, 2010, subject to earlier termination as provided by Section 3 herein. This Agreement shall be
Interlocal Agreement Between Chelan County Page 1 of 10
And the City of East Wenatchee
renewed automatically for like successive periods under such terms and conditions as the parties
may determine. Nothing in this Agreement shall be construed to require the City to house inmates in
Chelan County continuously.
3. TERMINATION
(a) By either party. 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 become effective sixty (60) working days after receipt of such notice. Within said
sixty (60) days, the City agrees to remove its inmate(s) from the CCRJC.
(bey 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, 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 upon written notice to Chelan County, except that all services provided to that point
shall be compensated at the agreed rate. The termination of this Agreement for this reason will not
cause any penalty to be charged to the City.
(c) Termination for Breach. In the event the City 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) days of
County's giving the City written notice thereof, or, if not reasonably capable of being cured within such
seven (7) days, within such other period of time as may be reasonable in the circumstances, County
may terminate the City's rights under this Agreement in addition to and not in limitation of any other
remedy of County at law or in equity, and the failure of County to exercise such right at any time shall
not waive County's right to terminate for any future breach or default.
(d) 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 inmates in the same manner and at the same rates as if this Agreement had not been
terminated.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall be
sent to the following:
Chelan County: Chelan County Regional Justice Center
401 Washington St., Level 2
Wenatchee, WA 98801
Primary Contact Person: Phil Stanley, Director
Secondary Contact: Ronda McCallister, Administrative Program Manager
Interlocal Agreement Between Chelan County Page 2 of 10
And the City of East Wenatchee
City of East Wenatchee:
Primary Contact Person:
City of East Wenatchee
City Clerk
271 91h St. N.E.
East Wenatchee, WA 98802
Steven C. Lacy
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 terms shall have the specified meanings unless
indicated otherwise herein:
(a) �. One 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
Regional Justice Center on a charge and/or conviction from the participating jurisdiction. If the
prisoner has a pending charge and/or conviction from more than one jurisdiction, the cost for that
prisoner shall be divided proportionately.
(b) Inmate 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.
(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.
6. COMPENSATION
(a) Rates. Chelan County agrees to accept and house the City's inmates for compensation
per inmate at the rate of $73.50 per day (also see #12 below). This includes minimum, medium and
maximum classification inmates. The parties agree that Chelan County will not charge a separate
booking fee in addition to such rate. The date of booking into the CCRJC of the City's inmates, no
Interlocal Agreement Between Chelan County Page 3 of 10
And the City of East Wenatchee
matter now little time of a twenty-four (24) hour day it constitutes, shall count as one day and shall be
billed to the City as a day of custody in Chelan County.
(b) Billing and Payment. Chelan County agrees to provide the City with an itemized bill listing
all names of inmates who are housed, 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 10th 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 PASSES AND WORK RELEASE
Chelan County agrees that no early releases or alternatives to incarceration, 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, deng
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
court, the inmate's money shall be transferred 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 simple "grocery bag" shall at no time be transferred to Chelan County.
Interlocal Agreement Between Chelan County Page 4 of 10
And the City of East Wenatchee
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 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
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 deemed the City's inmates 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 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.
(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 Joan Sims, Court
Administrator prior to the inmate's transfer to a 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 East Wenatchee
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
(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 therefrom by
any person without written authorization from the City or by order of any court having jurisdiction. The
City hereby designates Joan Sims, Court Administrator the official authorized to direct Chelan County
to remove the City 's inmates from the CCRJC. Chelan County agrees that no early releases or
alternatives to incarceration including furloughs, passes, work release, work crews or electronic home
detention shall be granted to any inmate without written authorization from the committing court. 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 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 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.
Interlocal Agreement Between Chelan County Page 6 of 10
And the City of East Wenatchee
17. DEATH OF AN INMATE
(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.
(b) Chelan County shall immediately notify the City %J 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 would have authority over the deceased, and would coordinate with local law enforcement to
finish the investigation prior to the release of the deceased inmate. The City hereby designates Joan
Sims, Court Administrator 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)
weekdays 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 dies 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, 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:
(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 subconsultants; 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
Interlocal Agreement Between Chelan County Page 7 of 10
And the City of East Wenatchee
employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of
Chelan County,
20. 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.
21. GENERAL PROVISIONS
(a) 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 unenforceability or
invalidity of a single provision herein shall not affect 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 the Chelan County Superior Court.
(c) Attorneys 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
compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any
terms of this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to
such reasonable attorney's fees and costs as determined by the Court.
(d) Waiver of Breach. The waiver by either party of the breach of any provision of this
Agreement by the other party If 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 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.
(f) Filing. This Agreement shall be filed with the Chelan County Auditor's Office pursuant to
RCW 39.34.040.
22. 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
Interlocal Agreement Between Chelan County Page 8 of 10
And the City of East Wenatchee
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.
23. ACCESS TO RECORDS CLAUSE
The parties hereby agree that authorized representatives %J 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.
24. ENTIRE AGREEMENT
This Agreement represents the entire integrated Agreement between the City and Chelan
County and supercedes 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 effective on the day and year first above written.
CITY OF EAST W�NATCHEE
By:
ATTEST:
City Clerk
Approved as � Form:
City of East�/1/ena
ttorney
HINGTON
Interlocal Agreement Between Chelan County
And the City of East Wenatchee
BOARD OF CHELAN COUNTY
CO MMIS�SIIO�NEERS
KEITH W. GOEHNER, Chairman
DOUG �NG�ND, Commissioner
RON WALTER, Commissioner
ATTEST:
Clerk of the Board
DATED: ��n 19i �`b
Page 9 of 10
TAV
PHIL
Chelan County Regional Justice Center
Approved as t� Form:
GAY RIESEN, Chelan County Prosecutor
Interlocal Agreement Between Chelan County Page 10 of 10
And the City of East Wenatchee