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HomeMy WebLinkAboutIL164 Interlocal Agreement AFTER RECORDING RETURN TO AGREEMENT BETWEEN OKANOGAN COUNTY, WASHINGTON AND THE CITY OF ANACORTES, WASHINGTON, FOR THE HOUSING OF INMATES IN THE OKANOGAN COUNTY JAIL THIS AGREEMENT is made and entered into on this day of , 2013 by and between the City of Anacortes, hereinafter referred to as "The City", and the Board of County Commissioners of Okanogan County, Washington, hereinafter referred to as "Okanogan County", each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, Okanogan County is authorized by law to operate a jail and the City of is authorized by law to operate a jail; and WHEREAS, the City wishes to designate the Okanogan County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the City's custody; and WHEREAS, the Director of the Corrections Facility of Okanogan County is desirous of accepting and keeping in his/her custody such inmate(s) in the Okanogan County jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to contract with any city to perform any governmental service, activity or undertaking which each contracting jurisdiction 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: {JBT544959.DOC;1/00006.900160/} 1 /wpf/mv/ila.courtjail/jail ILA.Okanogan County Jail Contract 2007 Section 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 inmate confinement pursuant to this Agreement. Section 2. DURATION This Agreement shall remain full force and effect from the effective date hereto until December 31, 2020 , subject to earlier termination as provided by Section 3 herein. This Agreement may be renewed for like successive periods by written addendum under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to make it necessary for the City to have inmates housed in Okanogan County continuously. Section 3. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected City Inmates, delivered by regular mail to the contact person identified herein, provided that termination shall become effective ninety (90) days after receipt of such notice. Within said ninety (90) days, the City agrees to remove its inmate(s) from the Okanogan County jail. (b) By the City due to lack of funding. The obligation of the City to pay Okanogan County under the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation, budgeting, and availability of sufficient funds by and from the City of Anacortes. 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 Okanogan 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) Compensation Due for Services Rendered. In the event of termination of this Agreement for any reason, the City shall compensate Okanogan County in the same manner, and at the same rates as if this Agreement had not been teiininated, should any City inmates remain housed by Okanogan County after notice of such termination. Section 4. MAILING ADDRESSES (a) All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the attention of the following people, except as set forth in(b) below: Okanogan County: Okanogan County Corrections Street 149 4th Ave N {JBT544959.DOC;1/00006.900160/} 2 /wpf/mv/ila.court.jail/jail ILA.Okanogan County Jail Contract 2007 City Okanogan, WA 98840 Contact Person: Noah Stewart City of Anacortes: Chief of Police B.W. Bowers 1218 24th St. Anacortes, WA. 98221 (b) Contact Person: Notification related to the Medical, Removal, Escape, or Death clauses herein shall be given by facsimile with a follow up telephone call to: The Anacortes Chief of Police shall serve as contract administrator or responsible official for this Agreement. PHONE NUMBER CONTACT Business Hours (360)293-4684 After Hours (360) 428-3211. Section 5. COMPENSATION (a) Rates. Except as provided in subsection (b), Okanogan County agrees to perfoitii at no transport cost to the City, between the Okanogan County Corrections Facility and the City Jail or such other location as designated by the City in order to transport inmates to and from the City, and to house the City inmates for compensation per day per inmate, at the rate of fifty-three dollars and fifty cents ($53.50) per day. (b) Billing and payment. Okanogan County agrees to provide the City with an itemized bill listing all names of inmates who are housed, the case or citation number, the number of days housed including the date and time booked into Okanogan County's jail and the date and time released from Okanogan County's jail, and the dollar amount due for each. Okanogan County agrees to provide said bill on or about the 10th of each month. The City agrees to make payment to Okanogan County on or about thirty (30) days from the date the bill is received. Section 6. RIGHT OF INSPECTION The City shall have the right to inspect but not the duty of, at all reasonable times, all Okanogan County jails 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. Okanogan County shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. Section 7. INMATE ACCOUNTS Okanogan 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 account in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. Okanogan 013T544959.DOC;1/00006.900160/} 3 /wpf/mv/ila.courtjail/jail ILA.Okanogan County Jail Contract 2007 County 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's account in care of the City. If requested by the City, Okanogan County Corrections will return said inmate reimbursement to the City in the form of a check in the name of each inmate eligible for said reimbursement. Section 8. RESPONSIBILITY FOR INMATE'S CUSTODY (a) It shall be the responsibility of Okanogan 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 their 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 Okanogan County, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. (b) Except as provided in Section 12, it is expressly understood that Okanogan County shall not be authorized to transfer custody of any inmate confined pursuant to this Agreement to any party other than the City, or to release any inmate from custody without written authorization from the committing court. Section 9. MEDICAL SERVICES (a) Inmates from the City shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Okanogan County jail. Okanogan County shall provide or arrange for the providing of such medical, psychiatric, and dental services., the City shall pay directly or reimburse Okanogan County for all costs associated with the delivery of medical services, or any emergency and/or major medical service, provided to the City inmates. (b) Okanogan County shall keep an adequate record of all such services. The City will be able to review at its request any medical or dental services of major consequence, in accordance with applicable law, including but not limited to HIPPA. Okanogan County will report to the City any medical or dental services of a major consequence as soon as is practical. (c) Should medical or dental services require hospitalization, the City agrees to compensate Okanogan County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, the City will be notified either by phone or fax prior to the inmate's transfer to a hospital and nothing herein shall preclude the City from retaking the ill or injured inmates. Section 10. DISCIPLINE {JBT544959.DOC;1/00006.900160/} 4 /wpf/mv/ila.court.jail/jail ILA.Okanogan County Jail Contract 2007 • Okanogan County shall have physical control over and power to execute disciplinary authority over all inmates of the City. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by state or federal law or the imposition of a type of discipline that would not be imposed on an inmate who is not confined pursuant to this contract. Section 11. RECORDS AND REPORTS (a) Before or at the time of delivery of each inmate, the City shall forward to Okanogan County a copy of all inmate records pertaining to the inmate's present incarceration at the or Jail. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Okanogan 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 Okanogan County, the City shall, upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmate's incarceration. Section 12. REMOVAL FROM THE JAIL Except for eligible inmates for correctional work details and under the direct supervision of a corrections officer, an inmate of the City legally confined in Okanogan County shall not be removed therefrom by any person without written authorization from the City or by order of any court having jurisdiction. Okanogan County agrees that no early releases or alternatives to incarceration, including furloughs, passes, home detention, or Work Release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental,psychiatric treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of Okanogan County. In the event of any such emergency removal, Okanogan 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. Section 13. ESCAPES In the event any City inmate shall escape from Okanogan County's custody, Okanogan County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to the City. Okanogan 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 Okanogan County; however, Okanogan County shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other counties. Section 14. DEATH OF AN INMATE (a) In the event of the death of a City inmate, the Okanogan County coroner shall be notified. The City shall receive copies of any records made at or in connection with such {JBT544959.DOC;1/00006.900160/} 5 /wpf/mv/ila.court.jail/jail ILA.Okanogan County Jail Contract 2007 notification. Okanogan County will investigate any death within its facility and will allow the City to join in on the investigation. (b) Okanogan County shall immediately notify the City of the death of a City inmate, furnish information as requested and, subject to the authority of the Okanogan County coroner, follow the instructions of the City with regard to the disposition of the body. Written notice shall be provided within three calendar 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, Okanogan County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) The City shall receive a certified copy of the death certificate for any of its inmates who have died while in Okanogan County custody. Section 15. RETAKING OF INMATES In the event the confinement of any City inmate is terminated for any reason by either party, retaking of inmates shall be coordinated in the same manner and at the same rates as if this Agreement had not been terminated, or in a manner as agreed in writing by the parties. Section 16. HOLD HARMLESS AND INDEMNIFICATION (a) The City shall defend, indemnify and hold harmless Okanogan County, its officers, agents and employees from any claim, cost,judgment or damages, including attorneys' fees, arising from any City action or proceeding involving the confinement of any inmates from the City in Okanogan County: provided that this subsection shall not apply to any such claim, cost, judgment or damage that arises out of or in any way results from any allegations of any intentional, willful or negligent act or omission on the part of Okanogan County or any officer, agent or employee thereof. (b) Okanogan County shall defend, indemnify and hold harmless the City, its officers, agents and employees from any claim, cost,judgments or damages, including attorneys' fees, including third party claims, arising out of any action or omission of Okanogan County, its officers, agents, independent contractors, or employees while City inmates are in the custody of Okanogan County, or for any wrongful release of inmates placed in their custody, or for any claim by its employees, agents or independent contractors that may be asserted against the City in performing this Agreement. (c) An inmate shall become the responsibility of Okanogan County at the point that the inmate(s) is booked into Okanogan County jail or when the inmate(s) has been released to the care, custody and control of Okanogan County, including without limitation the point at which Okanogan County, or its agents, picks up inmates or transports inmates as in Section 5, whichever occurs first. Okanogan County shall hold the City harmless under the terms of this section for all claims arising out of the detention of the inmate(s). Accordingly, {JBT544959.DOC;1/00006.900160/} 6 /wpf/mv/ila.courtjail/jail ILA.Okanogan County Jail Contract 2007 Okanogan County shall be held harmless by the City under the teiius of this Agreement, for claims arising out of the arrest of the inmate(s), or arising out of any situation occurring prior to the time that Okanogan County assumes responsibility for the inmate(s). (d) The County and City hereby waive, as to each other only,their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. (e) The provisions of this section shall survive any termination or expiration of this Agreement. Section 17. INSURANCE (a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent self insurance pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement. (b) Each party shall obtain and maintain coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. For the purpose of this paragraph, membership in a self insurance risk pool that provides coverage with limits that are no less than the policy, and limits identified above shall satisfy the requirements of this. Section 18. RIGHT TO REFUSE INMATE(S) (a) Okanogan County shall have the right to refuse to accept any inmate from the City when, in the opinion of Okanogan County, its inmate census is at capacity or so near 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) Okanogan County shall further have the right to refuse to accept any inmate from the City who, in the judgment of Okanogan County, has a current illness or injury which may adversely affect the operations of the Okanogan County jail, 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. Section 19. MISCELLANEOUS In providing services under this contract, Okanogan 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 contract give rise to any claim of {JBT544959.DOC;1/00006.900160/} 7 /wpflmv/ila.courtjail/jail ILA.Okanogan County Jail Contract 2007 career service or civil service rights, which may accrue, to an employee of the City under any applicable law, rule or regulation. Section 20. FINANCING There shall be no financing of any joint or cooperative undertaking pursuant to this Interlocal Agreement. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. Section 21. PROPERTY This Interlocal Agreement does not provide for the acquisition, holding or disposal of real or personal property. Section 22. JOINT ADMINISTRATIVE BOARD No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Interlocal Agreement shall be administered by the City Administrator for the City of or his/her designee, and the Chairman of the Okanogan County Board of Commissioners, or his/her designee. Section 23. SEVERABILITY Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. Section 24. MODIFICATIONS No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Section 25. ENTIRE AGREEMENT Unless otherwise agreed in writing executed by both parties, on and after February 19, 2013, and so long as this Agreement remains in effect,this document constitutes the entire Agreement between the City and the County under which the County houses City Inmates, and no other oral or written agreements between the parties shall affect this Agreement. Section 26. ASSIGNMENT This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the County to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted,then the assignee shall assume all duties, obligations, and liabilities of County stated herein. {JBT544959.DOC;1/00006.900160/} 8 /wpf/mv/ila.court.jail/jail ILA.Okanogan County Jail Contract 2007 DATED at Okanogan,Washington this /St day of /530,o 2013. CITY OF ANACORTES, WASHINGTON BOARD OF COUNTY COMMISSIONERS OKANOGAN, WASHINGTON r By: /4 tie IN H. Deali Maxw 1,Mayor Jim De ro, Chairman ATTEST/AUTHENTICATED: Sheilah Kennedy, Memb By: ABSENT Steve Hoglund, Clerk/Treasurer Ray Campbell, Member APPROVED AS TO FORM: ATTEST: \ / Bradford E. Fud-z IS<3A#12924 City Attorney Lalena Johns, Clerk of the Board OKANOGAN COUNTY SHERIFF APPROVED AS TO FORM: By: N" Frank logers, Sheriff Steve Bozarth, Civil Deputy (JBT544959 DOC;1/00006 900160/} 9 /wpf/mv/ila courtjail/jail ILA Okanogan County Jail Contract 2007