HomeMy WebLinkAbout2020-12-01 - Chelan County Regional Justice Center - Interlocal Agreements GeneralThad L. Duvall, Auditor, Douglas County, WA.
AFN # 3237737 Recorded 12/16/2020 at 12:54:50PM,
INLOAGR Pages: 11 $113.50
CITY OF EAST WENATCHEE
AFTER RECORDING MAIL TO:
Maria Holman, City Clerk
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
COVER SHEET REQUIRED BY RCW 36.18 AND 64.04
(For Recording Purposes Only)
DOCUMENT TITLE(S) (or transactions contained therein):
1. Interlocal Agreement between Chelan County, Washington and the City of
East Wenatchee, WA for the housing of inmates in Chelan County Regional
Justice Center (Jail)
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED
GRANTOR/BORROWER(S)
1. City of East Wenatchee, Washington
2. Chelan County, Washington
GRANTEE/ASSIGNEE/BENEFICIARY
1.
2.
ABBREVIATED LEGAL DESCRIPTION:
1.
2.
ASSESSOR'S PARCEL NUMBER/ACCOUNT NUMBER
1.
2.
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 `"k4— day of
Ze VMkx,v1 , 20 ZO 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:
WHEREAS, The Chelan County Regional Justice Center and the City Mayor or designee 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 Regional Justice Center 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:
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, 2021 and end December 31,
2023, subject to earlier termination as provided by Section 3 herein. Nothing in this Agreement shall
be construed to require the City to house inmates in Chelan County continuously.
Interlocal Agreement Between Chelan County Page 1 of 10
And the City of East Wenatchee
3. TERMINATION
(a) 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, 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.
(b) 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 effective 30 days from date of receipt of notice to
terminate 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.
(c) 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.
(d) The parties agree that during the three year term of this contract, neither party has the right
to request, and herby expressly waives, binding arbitration pursuant to RCW 39.34.180(3) because
compensation for each year of the contract term is expressly agreed upon herein.
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: Chris Sharp, Director
Secondary Contact: Nicole Thompson, Business Manager
City of East Wenatchee: Office of the Mayor
Interlocal Agreement Between Chelan County Page 2 of 10
And the City of East Wenatchee
271 9th Street N.E.
East Wenatchee, WA 98802
Primary Contact Person: Mayor
Secondary Contact: Clerk -Treasurer
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) Day. 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, excluding the Department of
Corrections, 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) Annual Rate for Incarceration. Chelan County agrees to accept and house all of the
City's inmates for annual compensation. This rate includes minimum, medium, and
maximum classification inmates. The annual rate for incarceration shall be paid by the
City in twelve (12) equal monthly installments due on the fifth (5) day of each month.
(b) Rate. The sum is based on the actual percentage of bookings and average daily
population for the twelve (12) month period of July 2019 — June 2020. The base fee is
calculated on percentage of total bookings. The usage fee is based on an agreed upon
average daily population, with the daily cost per inmate of $98.00 The parties agree
that Chelan County will not charge The City a separate booking fee in addition to such
annual compensation. 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 how little time of a twenty-four (24) hour day it constitutes, shall count as one
day and shall be attributed to the City as a day of custody in Chelan County for
purposes of calculating current and future average inmate population. The base fee is
calculated on a booking percentage of 9.6% for a base fee of $277,438.25. The usage
fee is based on an agreed upon ADP of 5 at a rate of $98.00 for a usage fee of
$178,850.00. The annual cost for 2021 will be $$456,288.25 with monthly payments
calculated at the annual rate divided by twelve (12) months for a monthly rate of
$38,024.02.
(c) Rate for 2022. Rate is a 5% increase over the 2021 rate as a whole. The annual cost
for 2022 will be $479,102.66 with monthly payments calculated at the annual rate
divided by twelve (12) months for a monthly rate of $39,925.22.
(d) Rate for 2023. Rate is a 5% increase over 2022 rate as a whole. The annual cost for
2023 will be $503,057.79 with monthly payments calculated at the annual rate divided
by twelve (12) months for a monthly rate of $41,921.48.
(e) Reporting. Chelan County agrees to provide the City with a list of names of inmates at
post release, the number of days housed, including the date and time of booking and
date and time of release, for purposes of calculating current and future average inmate
population.
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, 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 court,
Interlocal Agreement Between Chelan County Page 4 of 10
And the City of East Wenatchee
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 simple "grocery bag" shall at no time be transferred to Chelan County.
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 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 and all prescriptions. 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 City Clerk -Treasurer
at 509-782-3513 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 there from by
any person without written authorization from the City or by order of any court having jurisdiction. The
City hereby designates City Clerk -Treasurer 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.
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.
Interlocal Agreement Between Chelan County Page 6 of 10
And the City of East Wenatchee
(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 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 City
Clerk -Treasurer 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
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 INDEMNIFICA
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 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 that there is a substantial risk that, through
Interlocal Agreement Between Chelan County Page 7 of 10
And the City of East Wenatchee
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.
(c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be transported
to Chelan County and at the expense of Chelan County and shall be returned, if necessary, to the City
by Chelan County personnel and at the County's expense provided that notice of the necessity of
transport is received by Chelan County three (3) days prior to the time of expected transport. The City
hereby designates City Clerk -Treasurer 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 or 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 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) Attorney'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
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 must be in writing and shall not operate nor be construed as a waiver of any
subsequent breach by such other party.
Interlocal Agreement Between Chelan County Page 8 of 10
And the City of East Wenatchee
(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.
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 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.
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 supersedes 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.
CITY OF EAST WENATCHEE, WA
By:
ATTEST:
Interlocal Agreement Between Chelan County
And the City of East Wenatchee
BOARD/jqFCH
MM bssiousks /
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Kevin Overbay, C missioner
Page 9 of 10
-IVAa 'f- 8-()4rcaz
City Clerk
DATED:
Approved as to Form:
ATTEST:
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City of P� "�!� �` A Attorney
Interlocal Agreement Between Chelan County
And the City of East Wenatchee
ob Bugert, Commissio
Carlye Baity
Clerk of the Board
DATED:
O O
Chris Sharp, Direct r
Chelan County Regional Justice Center
Appr6v¢d as to F
glas We, ChelA CAnty Prosecutor
Page 10 of 10