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5412
CHELAN COUNTY REGIONAL JUSTICE CENTER
ILA - Housing of Inmates
Legal
LEG 12-1
6/16/2014
12/31/2014
11/30/2014
2015
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: Interlocal Agreement with Study Session Date: June 11, 2014
Chelan County for the housing of inmates in COUNCIL MEETING Date: June 16, 2014
the Chelan County Regional Justice Center Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: This Agreement is a contract for Incarceration of City Prisoners with Chelan County.
ATTACHMENTS: Interlocal Agreement Between Chelan County and the City of Bremerton
FISCAL IMPACTS (Include Budgeted Amount): The base daily rate per prisoner is $65.00.
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement with Chelan County for the housing of inmates in the
Chelan County Regional Justice Center and authorize the Mayor to finalize and execute the
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: �Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/25/13
INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF
BREMERTON, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY
REGIONAL JUSTICE CENTER
THI INTERLOCAL A REEIVIENT is made and entered into on this ( l�� day of
�l1,Q� , 20�by and between the City of Bremerton, Washington, a Washington
municipality, hereinafter referred to as "The 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 are
authorized by law to have charge and custody of the County Jail and the County 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 is desirous of accepting and keeping in their 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 the date of execution to December
31, 2014, subject to earlier termination as provided by Section 3 herein. This Agreement shall be
renewed automatically for one-year 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.
Interlocal Agreement Befinreen Chelan County Page 1 of 9
and The City of Bremerton
3. TERMINATION
(a) By either partv. 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) calendar days after receipt of such notice. Within said
sixty (60) days, The City agrees to remove its inmate(s) from the CCRJC.
(b� Bv The Citv due to lack of fundinq. 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
Chelan 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, Chelan County may terminate The City's rights under this Agreement in addition to
and not in limitation of any other remedy of Chelan County at law or in equity, and the failure of
Chelan County to exercise such right at any time shall not waive Chelan 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: Curt Lutz, Director
Secondary Contact: Ronda McCallister, Business Manager
City of Bremerton: Bremerton Municipal Court
550 Park Avenue
Bremerton, WA 98337
Primary Contact Person: Dave Boynton, EHM Coordinator
Interlocal Agreement Between Chelan County Page 2 of 9
and The City of Bremerton
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.
(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 $65.00 per day (also see #12 below). This includes minimum and medium
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 matter how
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) Billingand Pavment. 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 10 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.
Interlocal Agreement Befinreen Chelan County Page 3 of 9
and The City of Bremerton
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, 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
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 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 inedical
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.
Interlocal Agreement Between Chelan County Page 4 of 9
and The City of Bremerton
(b) An adequate record of a!I 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 denta! services require transport outside CCRJC, 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
Dave Bovnton at (360) 415-5465 prior to the inmate's transport, if and when
circumstances allow, or as soon afterward as practicable.
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 Dave Boynton 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 The 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 sha{I not be required to expend
unreasonable amounts to pursue and return inmates from other counties, states or countries.
Interlocal Agreement Between Chelan County Page 5 of 9
and The City of Bremerton
17. DEATH OF AN INMATE
(a) In the event of the death of a The 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 of the death of a The 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 Dave
Boynton 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) working 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
dies while in Chelan County's custody.
18. RETAKING OF INMATES
Upon request from Chelan County, The City shall, at its expense, retake any The City inmate
within thirty-six (36) hours after receipt of such request. In the event the confinement of any The 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 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 wiAful misconduct of
Chelan County.
Interlocal Agreement Between Chelan County Page 6 of 9
and The City of Bremerton
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 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) The City prisoners incarcerated in Chelan County pursuant to this Agreement shall be
transported to Chelan County by Chelan County staff 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) working days prior to
the time of expected transport. The City hereby designates Dave Bovnton the official authorized to
notify Chelan County of the dates for transport and the specific inmates to be transported.
(d} The City prisoners that have completed their sentence and have no other legal holds will
be offered transportation back to the general area of The City provided they do not provide their own
transportation.
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) Governinq 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.
Interlocal Agreement Between Chelan County Page 7 of 9
and The City of Bremerton
(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 in this Agreement shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict befinreen 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) Filin . 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
and it shall be given a fair and reasonable interpretation in
consideration or weight given to its being drafted by any party �
singular shall include the plural; the present tense shall include
gender shall include the feminine and neuter gender.
parties and their counsel, if desired,
accordance with its words, without
�r its counsel. All words used in the
the future tense; and the masculine
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 supercedes all prior negotiations, representations or agreements, either written or oral.
Interlocal Agreement Between Chelan County Page 8 of 9
and The City of Bremerton
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 �JI�Q,YY�I Q.l�'�Yl , WA
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City Clerk
DATED: �u/�� ,Z.3 Z�l¢
Approved as to Form:
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Doug� ngJ�Sd, Chair \
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Ron Walter, Commissioner
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Keith Goehner, Commissione.����''�ssio'''��' �'�,
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Interlocal Agreement Between Chelan County
and The City of Bremerton
County Prosecutor
Page 9 of 9
G�f�CLutz, Director
Chelan County Regional ustice Center