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HomeMy WebLinkAboutIL110 Interlocal Agreement INTERLOCAL AGREEMENT FOR JAIL SERVICES THIS INTERLOCAL AGREEMENT FOR JAIL SERVICES (hereinafter"Agreement") is made and entered into by and between the CITY OF OAK HARBOR(HEREINAFTER"Oak Harbor"), and the CITY OF ANACORTES (hereinafter"Anacortes"). WHEREAS, Chapters 39.34 and 70.48 RCW authorize cities to enter into contracts for jail services that specify the responsibilities of each party; and WHEREAS, Oak Harbor has a jail facility, and Anacortes desires to enter into this agreement to utilize Oak Harbor's jail facility and the terms and conditions of this agreement; NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, Oak Harbor and Anacortes mutually agree as follows: 1. DEFINITIONS. Unless the context clearly shows another usage is intended, the following terms shall have the following meanings in this agreement: a. Oak Harbor Jail means a place owned and operated by Oak Harbor primarily designed, staffed and used for the housing of adults charged with a criminal offense, for the punishment and correction of offenders after conviction of a criminal defense, or for confinement and/or holding during a criminal investigation, or a civil detention to enforce a court order. As of the date of the execution of this agreement,this jail is located at 865 SE Barrington Dr., Oak Harbor, WA 98277 b. Anacortes prisoner means a person arrested by Anacortes Police and held and confined in the Oak Harbor Jail (post-trial) pursuant to a violation of an Anacortes ordinance, or a violation of State law which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. The term Anacortes prisoner shall not include a person arrested for a felony offense by Anacortes Police, a person arrested on a warrant issued by another jurisdiction or for charges initiated by a non-Anacortes Police Officer, or a person charged by the County Prosecutor with a felony or an attempt to commit a felony, even if there is a plea to, or a conviction of a lesser offense. An Anacortes prisoner shall not include juveniles. 1 2. JAIL AND HEALTH SERVICES. a. For prisoners accepted under this Agreement, Oak Harbor shall accept Anacortes' prisoners and furnish jail facilities, booking, custodial services, and personnel for the confinement of Anacortes prisoners equal to those Oak Harbor provides for the confinement of its own prisoners. Medical costs for emergency health care for Anacortes prisoners shall be the responsibility of Anacortes. In the event an inmate is transported to the hospital,the hospital shall be directed to bill Anacortes directly. Oak Harbor shall notify Anacortes prior to outside medical care being provided for an Anacortes prisoner; provided, however,that when emergency medical care is required in life-threatening circumstances, the notification may occur as soon as practicable,which may be after emergency medical care has been provided. 3. ACCEPTANCE OF PRISONERS. a. Anacortes understands that Oak Harbor will accept prisoners on a nonexclusive basis under this Agreement. The acceptance of prisoners is subject to space being available. Oak Harbor reserves the right to reserve space in the jail for its anticipated prisoner needs and may require the removal of Anacortes prisoners to accommodate Oak Harbor prisoners. b. Prisoners may not be continuously incarcerated in the Oak Harbor Jail longer than thirty (30) days or contrary to any Federal or State statutes or regulations or constitutional requirements for the Oak Harbor Jail. c. Anacortes agrees that if any Anacortes prisoner is deemed out of control and dangerous by the personnel at the Oak Harbor Jail, on eight(8) hours' notice from Oak Harbor to Anacortes, Anacortes shall make arrangements to remove and transport to another facility. Oak Harbor may also refuse to book any persons who are suspected to be an extreme danger to themselves or to other inmates. 4. RATE AND PAYMENT. Anacortes shall pay Oak Harbor at a rate per prisoner on a 24-hour basis (or portion of 24 hours) set out in Schedule A attached hereto. Said rates shall be adjusted, from time to time, by mutual agreement in advance of the renewal of any term of this agreement as provided in Section 6. a. Payment shall be made promptly,by Anacortes to Oak Harbor,within thirty(30) days after a monthly statement is submitted by Oak Harbor to Anacortes. b. Each party may examine the other's books and records to verify charges. If an examination reveals an improper charge, an adjustment shall be applied to the next month's statement, or if the agreement has terminated, by an appropriate payment from one to the other. The parties agree to meet at least once each year to examine and verify charges for the previous year. The parties shall enter into a 2 written agreement verifying and reconciling charges, for the previous year, and closing the books on an annual basis. c. Should the prisoner be sentenced to pay a portion of the daily rate, that amount will be collected by the City of Anacortes. 5. DELIVERY OF OFFENDERS. a. Anacortes shall provide or arrange for transportation of its prisoners to and from the Facility except when the transportation is determined by Oak Harbor staff to be necessary to secure emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the Jail. b. Oak Harbor shall not provide transportation, except in extraordinary situations when Oak Harbor and Anacortes mutually agree transportation should be provided by Oak Harbor rather than by Anacortes. c. Transport with Costs. For any transports by Oak Harbor required by court order or made at Anacortes' request, Anacortes shall reimburse Oak Harbor for all costs associated with such transport. d. Contract Agency Transport. Anacortes shall provide at least twenty-four(24) hours written notice to Oak Harbor prior to transporting a prisoner from the Oak Harbor Jail. Anacortes shall be responsible for retaking custody of a prisoner at the Oak Harbor Jail for transporting the prisoner. 6. RETURN OF OFFENDERS. a. Return of Offenders to Anacortes. Anacortes may demand that its Offenders be returned to its custody at any time. These transfers will be at Anacortes' expense if made by other than Oak Harbor's regularly-scheduled trips to the scheduled location. b. As soon as practical but not later than seven (7)days after receiving a request from Oak Harbor to return an Offender,Anacortes will accept custody of any. Offender whom Oak Harbor requests to be returned to Anacortes' custody. Oak Harbor shall be responsible for transportation of the Offender to the nearest suitable location as designated by Anacortes in this event. c. Should an Offender be returned to Anacortes as a result of any action by Anacortes or by a court of competent jurisdiction that prevents the Offender's confinement at Oak Harbor's Facility,Anacortes shall bear the cost, if made by other than Oak Harbor's regularly-scheduled trips to the scheduled location. Anacortes shall accept custody immediately, under such circumstances. 3 d. An Offender who completes his sentence, is released by a court order, or is placed on probation or parole may be released directly from Oak Harbor's Facility. Approximately one (1)week before release, Oak Harbor shall complete a"Wants and Warrants" check on the Offender and shall notify Anacortes and the interested jurisdiction if there are any wants or warrants found. 7. TRANSPORTATION AND SECURITY. Anacortes shall provide transportation and security for Offenders being transported to and from court appearances unless other arrangements are made with Oak Harbor, Anacortes shall reimburse Oak Harbor for the cost of any such transportation and security at an hourly rate of Twenty Eight Dollars and Eighty-two Cents ($28.82) and for time and a half at Forty-three Dollars and Twenty-three Cents ($43.23) as the federal mileage rate is hereafter amended. 8. DURATION. The initial term of this agreement shall commence upon execution by both parties and shall expire on December 31, 2010. Anacortes shall have an option to renew this agreement for a three-year term commencing on January .1, 2011, and ending on December 31, 2014. 9. RECORD KEEPING (BOOKING). Oak Harbor agrees to maintain a system of record keeping relative to the booking and confinement of each Anacortes prisoner in such style and manner as equivalent to Oak Harbor's records pertaining to its own prisoners. Such records shall include, but not be limited to, the following information: defendant's name, charge, booking date, and release date. Along with monthly billing statements, Oak Harbor shall submit to Anacortes, or its authorized representatives, copies of said records. 10. BOOKING PROCEDURE. Prisoners will be booked by Oak Harbor according to procedures and policies of Oak Harbor, by completing for each such prisoner, an appropriate booking sheet with a copy to be provided to Anacortes, if requested. Personal property will be held by Oak Harbor in the same manner as for its own prisoners. 11. RELEASE OF ANACORTES PRISONERS FROM OAK HARBOR JAIL. No Anacortes prisoner confined in the Oak Harbor Jail subject to this Agreement shall be released except: a. In compliance with orders of the court in those matters in which the courts have jurisdiction; b. If the prisoner has served his or her sentence; c. As determined by the Oak Harbor Chief of Police, or his designee, as part of a plan to reduce prisoner population as a result of facility overcrowding; PROVIDED, however,Anacortes prisoners shall be released or relocated to the Skagit County Jail on a"first in first out" basis. 4 d. Where in the discretion of the Jail Supervisor or the Special Operations Lieutenant such release is warranted, Oak Harbor shall notify Anacortes Police of such event, as soon as possible. 12. ACCESS TO ANACORTES PRISONERS. All Anacortes police officers, investigators, interpreters, mental health professionals, the Prosecuting Attorney and the prisoner's counselor, or assigned counsel, shall have the right to interview the prisoner inside the confines of the Oak Harbor Jail, subject only to necessary security rules. Interview rooms will be made available to Anacortes Police and others, in equal priority, with those made available for Oak Harbor prisoners. 13. OPERATION OF JAIL. Oak Harbor agrees to operate the jail to current professional standards and practices in accordance with all State and Federal standards, whether set by constitution, statute or regulation. Anacortes shall receive equal treatment to that supplied to Oak Harbor's own prisoners. 14. INDEMNIFICATION. a. Except as otherwise provided in 11(c),Anacortes agrees to defend, indemnify and hold harmless Oak Harbor and its elected officials, officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by reason of or arising out of any act of omission of Anacortes, its elected officials, officers, agents and employees, or any of them in arresting, detaining, charging or transporting prisoners. In the event that any suit based upon such a claim, action, loss or damage is brought against Oak Harbor, Anacortes shall defend the same at its sole cost and expense; provided,that Oak Harbor retains the right to participate in said suit, if any principle of governmental or public law is involved; and if a final judgment is rendered against Oak Harbor, its elected officials, officers, agents, employees or any of them or jointly against Oak Harbor and Anacortes and their respective elected officials,officers, agents and employees or any of them, Anacortes shall satisfy and discharge the same. b. Except as otherwise provided in 11(c), Oak Harbor shall defend, indemnify and hold harmless Anacortes and its elected officials, officers, agents and employees, or any of them,from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by reason of or arising out of any act or omission of Oak Harbor, its elected officials, officers, agents and employees, or any of them in confining or releasing persons who have been presented to and accepted by the Oak Harbor Jail by Anacortes, its elected officials, officers, agents and employees while said persons are in the jail or in the custody of Oak Harbor outside the jail, except to the extent said claim, action, loss or damage is the result of the negligence of Anacortes. In the event that any suit based upon such a claim, action, loss or damage is brought against Anacortes, Oak Harbor shall defend the same at its sole cost and expense, provided that Anacortes retains the right to participate in said suit if any principle of 5 governmental or public law is involved, and if a final judgment is rendered against Anacortes, its elected officials, officers, agents and employees or any of them, or jointly against Anacortes and Oak Harbor and their respective elected officials, officers, agents and employees or any of them, Oak Harbor shall satisfy and discharge the same. c. In the event of the concurrent negligence of the parties, each party shall be responsible for payment of any claim or judgment in proportion to the percentage fault attributed to that party. d. The indemnities provided for in this paragraph 11 shall apply to all legal costs and attorneys' fees incurred by the party indemnified. In any action to enforce the indemnities provided for in this paragraph, the prevailing party shall be entitled to recovery of costs and attorneys' fees for the enforcement of these indemnities. 15. INSURANCE. At the date of entering into this agreement,Anacortes and Oak Harbor are each members of the Washington Cities Insurance Authority (WCIA). So long as each city is a member of the WCIA, it agrees to abide by the WCIA compact and all other applicable rules, regulations and requirements that are necessary to keep each city as a member in good standing. In the event either party to this agreement ceases to be a member of WCIA, the parties shall renegotiate the insurance provisions of this agreement with the intent being the provision of insurance which adequately covers the nature of the risks associated with each party's responsibilities under this agreement. 16. TERMINATION OF AGREEMENT. Anacortes shall provide written notice of its intent to terminate this agreement without cause not less than 180 days prior to expiration of this agreement. Oak Harbor shall provide written notice of its intent to terminate this agreement not less than one hundred eight (180) days prior to expiration of this agreement(or any renewal thereof). In the event of termination of this agreement(or any extension thereof),the parties will work cooperatively to ensure the orderly transition of defendants from Oak Harbor Jail to the new facility. 17. DISPUTE RESOLUTION. a. The Police Chiefs, for each city and appropriate staff, shall meet annually to discuss any pending issues and to resolve disputes, if any. b. It is the parties' intent to resolve any disputes relating to the interpretation or application of this agreement informally through discussions at the staff level as described in paragraph 14(a) above. In the event disputes cannot be resolved informally, resolution shall be sought by the City Administrators. If the City Administrators reach no resolution within thirty (30) days,the parties agree to submit the dispute to nonbinding mediation/dispute resolution. 18. WAIVER. No waiver of any right under this Agreement shall be effective unless made, in writing, by the authorized representative of the party to be bound thereby. Failure to 6 insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later nonperformance. 19. ASSIGNMENT. Neither this Agreement nor any interest herein or claim hereunder shall be assigned or transferred, in whole or in part, by either Oak Harbor or Anacortes to any other person or entity without the prior written consent of the other party. In the event that such prior written consent to an assignment is granted,the assignee shall assume all duties, obligations and liabilities of its assignor stated in this Agreement. 20. INDEPENDENT CONTRACTOR. Each party to this agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Oak Harbor an employee of Anacortes, and vice versa, for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 .RCW, or any other rights or privileges according to either city's employee by virtue of their employment. At all times pertinent hereto, employees of Oak Harbor are acting as Oak Harbor employees and employees of Anacortes are acting as Anacortes employees. 21. PARTIAL INVALIDITY. Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. 22. ASSIGNABILITY. The rights, duties and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 23. NO THIRD-PARTY RIGHTS. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third-party beneficiary or otherwise)on account of any nonperformance hereunder. 24. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the Agreement. Proposed changes that are mutually agreed upon shall be incorporated by written amendment hereto. 25. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement, or any portion is held invalid,the remainder of the Agreement shall remain in full force and effect. 26. INTEGRATION. This written Agreement constitutes the complete and final agreement between Oak Harbor and Anacortes. There are no other oral or written agreements between the parties as to the subjects covered by this Agreement. No changes or additions to this Agreement 7 shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 27. NOTICES AND ADMINISTRATOR. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties at their addresses as follows: TO CITY OF ANACORTES: City Finance Director P.O. Box 547 Anacortes, WA 98221-0547 TO CITY OF OAK HARBOR: City Finance Director 865 SE Barrington Dr. Oak Harbor, WA 98277 The Oak Harbor Chief of Police shall serve as Oak Harbor's Administrator or responsible official, for this Agreement. The Chief of Police, for Anacortes, shall serve as Anacortes' Administrator or responsible official, for this Agreement. 28. GOVERNING LAW. This Agreement shall be governed by the construed in accordance with the laws of the State of Washington as they now read or are hereafter amended. 29, APPROVAL AND FILING. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of said party. The attested signature of the officials identified below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Skagit County Auditor's office pursuant to RCW 39.34.040. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this -3.1' day of SUJJ --- 2010. CITY OF ANACORTES CITY OF OAK HARBOR By: 3J I ' fat By: H. Dean Maxwell, ayor T i to- ik,Mayor Date: 3 12 3 / ? Date: - 2 0 . t 8 APPROVED as to form: APPROVED as to form: Bradford E. Furlong 'l 92 Margery Hi , 454 City Attorney City Attorney Date: their,r 13 20 Date: (97 /l b CITY COUNCIL OAK HARBOR, WASHINGTON (119 ' 6 otv / _ Jo Danny Fagg1 a or 'NI em Date r. - ° /ch Rick Almberg, Councilmen Date James Campbell, Councilor ber Date )77. 1774 (2____ Vo Beth Munns, Counci ember Date 6 - /5-- ro ATTEST: Bob Severns,C ' member Date laJEIRtvo Da almer, Councilmember Date O tt dley, ouncilme er a 9 SCHEDULE A Daily maintenance fee: 01/01/10— 12/31/10 $65.00 01/01/11 —01/01/14 $68.00 L:ILGLAIWORK\Civ20101Jail Services Interlocal Anacortes fsnal.doc 10