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HomeMy WebLinkAboutJefferson County - Jail Services Agreement 2018-2021; amendmentJAIL SERVICES AGREEMENT by and between Jefferson County and the City of Port Townsend THIS AGREEMENT is entered into by and between the City of Port Townsend, a municipal corporation of the State of Washington ("City"), and Jefferson County, a municipal corporation and political subdivision of the State of Washington ("County"), for certain Regional Services as described. RECITALS A. Chapter 39.34 RCW permits local governmental units to make official use of their powers enabling them to cooperate with other localities based on mutual advantage. B. The City and the County agree that providing certain services on a regional basis will provide more efficient, effective, and less costly services for residents throughout the County. C. These regional services are in addition to statutory services provided by Jefferson County, as a political subdivision of the State, on behalf of all the resident of the County funded by County property taxes levied on properties within Port Townsend. D. The City and the County agree that having the City pay a flat rate per year for jail services provides predictability for budget purposes to both the City and the County. The amounts provided are intended to supplement the County's budget for jail operations to cover the additional costs of providing those services so that the City does not need to operate and maintain a separate jail facility. They are not intended to supplant monies budgeted by the County services it is otherwise required by law to provide. AGREEMENT In consideration of the mutual covenants contained in this Agreement, and pursuant to provisions of Ch. 39.34 RCW, the parties agree as follows: 1. PURPOSE. The County agrees to provide the City with Jail Services under the terms and conditions set out in this AGREEMENT. 2. DURATION. This AGREEMENT shall be in effect for the period January 1, 2018 through December 31, 2020. The AGREEMENT may be extended for one additional three-year term by mutual written agreement for a period, compensation amount and other terms as the parties may agree. 3. SUPERSEDES. This AGREEMENT supersedes all previous agreements or amendments relating to Jail Services. 4. CITY INMATE. For purposes of this AGREEMENT, a City Inmate means a person booked into or housed in the Jail when a City charge is the principal basis for booking or Jail Services Contract 2018-2020 Draft Date 10.11.17 Page 1 of 7 confining that person. A felony is never a City charge. Whether a City Charge exists shall be determined upon booking or confinement. A City charge exists when: A. A subject is booked by a PTPD Officer (or officer working for PTPD) for a crime designated by law as a misdemeanor or gross misdemeanor, and that occurs in the City limits. B. A subject is booked or confined for a crime designated by law as a misdemeanor or gross misdemeanor under a citation issued by the City Prosecutor. C. A subject is booked or confined on a warrant originating from a City misdemeanor or gross misdemeanor charge that was initiated by a PTPD Officer or the City Prosecutor. D. A subject is booked or confined based on a probation violation when the underlying offense was a City misdemeanor or gross misdemeanor charge that was initiated by a PTPD Officer or the City Prosecutor. E. A subject is booked or confined by reason of subsection A through D, above or any other misdemeanor or gross misdemeanor charges, and the City's charge is the most serious offense. The most serious offense shall be the charge with longest sentence, or the highest bail. The determination of the most serious offence shall be made upon booking. If more than one offense has the same sentence and bail amount, it shall be a City charge if the subject is booked or detained by a City police officer. E A charge is not "a City charge" for purposes of this section, if a charge initiated by a PTPD Officer or the City Prosecutor is not: 1. The principal basis for confining a person, where the person is booked or confined exclusively or in combination with other charges on a felony charge. 2. The principal basis for confining a person where the person is booked exclusively or in combination with other charges because of a felony charge that the State has been reduced to a misdemeanor or gross misdemeanor. 3. When a person is booked on a warrant that does not stem from a City charge. 5. COUNTY PERFORMANCE. The County agrees as follows: 5.1. The County shall provide Jail Services to the City consistent with this Agreement, and the County shall sufficiently staff, operate and maintain Jail Services Contract 2018-2020 Draft Date 10.11.17 Page 2 of 7 contracted Jail Services at a level equal to or greater than those services currently provided, subject to the budget appropriated by the City and County. 5.2. The County shall maintain records and statistics of the operation of Jail Services for administrative and financial purposes. The County shall, upon request of the City, furnish a report of activities and finances related to said activities, but need not do so more than once per quarter. 5.3. The County shall operate and maintain Jail Services in accordance with all applicable state laws, regulations, and codes. 5.4. Not more than once per month, but at least quarterly, the County shall provide records and documentation of City inmates in jail. 5.5. The parties endorse recovery of costs incurred due to emergency response and incarceration and other penalties set by the legislature to the extent allowable and attainable, including, recovery for costs of incarceration (RCW 9.94A.760, RCW 10.01.160), and restitution for emergency response (RCW 38.52.430), and agree to cooperate to have the Court impose and collect to the extent possible allowable fines and costs. In addition, the parties agree to work together to reduce jail costs through alternatives to incarceration, for example, home detention. 6. CITY PERFORMANCE. The City agrees as follows: 6.1. To reimburse the County for Jail Services in the amount shown below. The City shall make quarterly payments of the base amount plus administrative overhead no later than April 30, July 1, October 1, and December 1 of each year. The City shall pay other reimbursement costs within 30 days of receipt of an invoice from the County. 6. 1.1 Reimbursement for Jail Services. The City shall pay a base amount of $189,256 plus a 10% administrative overhead fee. The base amount shall be increased by 2.5% each calendar year. 6.2. In addition to the quarterly payments outlined in Section 6.1 above: 6.2.1 The City shall reimburse the County for Jail Medical Services at the actual rate of cost incurred for City Inmates. For purposes of this agreement, billing shall be calculated to include all Emergency Medical Services, Emergency Room Services, Hospital, Physician and prescription charges incurred by the inmate while in the custody of the County. Jail Services Contract 2018-2020 Draft Date 10.11.17 Page 3 of 7 6.2.2 In addition, the City shall pay the County for transport and guard expenses for City Inmates as follows: payment shall be at the County's actual regular (non -overtime) salary costs, excluding benefits, for transport and guard services up to the first ten hours in any month for these; and after the first ten hours in any month for these services, the City shall pay actual salary costs, including overtime if overtime is incurred (but not benefits) for transport and guard services. 6.2.3 Except in an emergency, the County will contact the City before transporting a City inmate, and will give the City the opportunity to provide transport and guard duty for City Inmates. The County shall not invoice the City for any non -emergency transport without documentation that the County has complied with the notice requirements of this section. 6.3. City agrees it will house prisoners on City charges in the County jail and not seek to utilize other jails unless the County refuses to accept a prisoner. The City acknowledges that there may be times when the jail is at maximum capacity and that the County will only accept prisoners charged with mandatory arrest statutes (Domestic Violence, etc.) and felony arrests. The County will promptly notify the City as soon as these restrictions are removed. The City further acknowledges that the County has the authority to house prisoners including City Inmates in other jails pursuant to arrangements entered into by the County and other providers. The City shall not be charged any additional costs, including transport or guard costs, if the County chooses to house City Inmates elsewhere. 7. LIABILITIES. Except for liability that is subject to immunity as provided in Chapter 38.52 RCW, each party shall indemnify, defend and hold harmless the other parties, their officers, agents, employees, and volunteers, from and against any and all claims, demands, damages, judgments, losses, liability and expense (including, attorney's fees), including but not limited to those for personal injury, death or property damage suffered or incurred by any person, by reason of or in the course of performing this Agreement which is or alleged to be caused by or may directly or indirectly arise out of any act or omission of the party, its officers, employees, agents and volunteers. The County shall be solely responsible under this AGREEMENT for operation of the jail and agrees to defend, indemnify, and to hold the City harmless from any claims directly or indirectly resulting from the operation of the jail. Except as provided above, in the event more than one party is responsible or negligent, each party shall be responsible in proportion to its negligence. Nothing contained in this Agreement shall be considered as in any way constituting a partnership between the City and the County. Jail Services Contract 2018-2020 Draft Date 10.11.17 Page 4of7 8. DISPUTES BETWEEN THE PARTIES. 8.1 Disputes shall be resolved by first attempting to negotiate a settlement between the parties. If settlement cannot be reached within 30 days of written notice of the dispute, the parties agree to submit the matter to non-binding mediation through the Peninsula Dispute Resolution Center. The mediator shall be selected by agreement of the parties and the cost of mediation shall be shared equally between the parties. If the parties are unable to negotiate a resolution or refuse to accept a mediated resolution to a dispute, then the parties agree to abide by the process described in RCW 39.34.180(3), which calls for binding arbitration by a three-person arbitration panel. 8.2 The prevailing party shall be entitled to reasonable attorney's fees and costs regardless of whether the party uses in-house or outside counsel. 9. MODIFICATION, WITHDRAWAL AND TERMINATION. This agreement may be modified, withdrawn or terminated as follows: 9.1 This AGREEMENT may be modified or extended in duration by agreement of the parties. 9.2 The Agreement may only be terminated as provided for in RCW 39.34.180, RCW 3.50.810, and RCW 35.20.010. 9.3 The parties to this AGREEMENT agree that all terms of this AGREEMENT shall be subject to renegotiation and review, but not to termination, if during the term of this AGREEMENT the City Manager certifies in writing to the County Administrator that the City, because of unexpected, unforeseen, or unavoidable financial occurrences, events, or constraints, wishes to or must fund this AGREEMENT in an amount that represents less than ninety-five percent (95%) of the gross annual contract amount listed in Section 6. 1.1 of this AGREEMENT. 10. GENERAL TERMS. The following general terms shall govern this agreement: 10.1 This AGREEMENT contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this AGREEMENT. 10.2 Nondiscrimination; Equal Employment Opportunity. 10.2.1 In the performance of this AGREEMENT, the parties and their employees and agents shall at all times comply with all federal, state or local laws, ordinances, rules or regulations with respect to nondiscrimination and equal employment opportunity which may at any time be applicable. Jail Services Contract 2018-2020 Draft Date 10.11.17 Page 5 of 7 10.2.2 Without limiting the generality of the foregoing, the parties shall not discriminate against any employee or applicant for employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability as required by law. The parties shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. 10.2.3 Further, the parties and their employees and agents shall not at any time discriminate against any other persons or entity because age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. 10.2.4 The parties shall keep and maintain all records which may be required by law in connection with compliance with this section. 10.2.5 The County agrees to adopt written policies and procedures related to detention and arrest of persons based on immigration or citizenship status. that are consistent with City Resolution 17-014. Nothing in this section should be intended to be a request that the County not fully comply with the mandatory provisions of state or federal law. 10.3 Wage and Hour Laws. The parties shall comply with all applicable provisions of the Fair Labor Standards Act (FLSA) and any other federal or state legislation ' affecting its employees, and the rules and regulations issued thereunder, insofar as applicable to its employees. 11. MUTUAL OBJECTIVES. Each party agrees to aid and assist the other in accomplishing the objectives of this AGREEMENT. Jail Services Contract 2018-2020 Draft Date 10.11.17 Page 6 of 7 12. BINDER. This AGREEMENT shall be binding upon the parties hereto, their successors and assigns. JEFFERSON COUNTY BOARD OF COMMISSIONERS ......................._.._ Kathleen Kler, Chair Approved as to Legal Form: Philip C. Hunsucker Chief D .....__ ITmmmmmmmeputy Civil Prosecuting Attorney Jail Services Contract 2018-2020 Draft Date 10.11.17 Page 7 of 7 CITY OF PORT TOWNSEND David G. Timmons, City g e Manager Dat .. Approved as to Legal Form: Steve Gross, City Attorney JAIL SERVICES AGREEMENT AMENDMENT JEFFERSON COUNTY AND THE CITY OF PORT TOWNSEND This Amendment to the Agreement ("this Amendment") is entered into by and between the City of Port Townsend, a municipal corporation of the State of Washington ("City"), and Jefferson County,a municipal corporation and political subdivision of the State of Washington("County"),for Jail Services as described in this Amendment. RECITALS A. Chapter 39. 4 RCW permits local governmental units to make official use of their powers enabling them to cooperate with other localities based on mutual advantage. B. Pursuant to RCW _�.�..34.1 0Q), the City and the County executed an Interlocal Agreement effective January 1, 2018 ("Agreement") pursuant to which the County provides jail services for the City. C. The parties have two other related interlocal agreements, one for court and indigent defense services and one for prosecution services. D. The parties have been discussing folding all three existing interlocal agreements into a single law and justice interlocal agreement, which the parties expect to complete by the end of the first quarter of 2021. AMENDMENT TO INTERLOCAL AGREEMENT In consideration of the mutual covenants contained in the Agreement and this Amendment, and pursuant to provisions of Ch. 9w3 . RCW,the parties agree as follows: 1. AMENDMENT. The paragraph 2 of the Agreement is amended to read: This AGREEMENT shall be in effect for the period January 1, 2018 through December 31, 2021. 2. NO OTHER CHANGES. Except for the Amendment in paragraph 1, above, there are no other changes to the AGREEMENT. All other terms and conditions of the AGREEMENT remain in full force and effect. 3. REQUIRED FILING. Pursuant to RCW 3„ ,3 .040, this Amendment shall be filed with the Jefferson County Auditor or listed on the PAO's website. (SIGNATURES FOLLOW ON NEXT PAGE) Jail Services Agreement 2018-2021 12/08/2020 Page 1 of 2 JEFFERSON COUNTY BOARD OF CITY OF PORT TOWNSEND COMMISSIONERS -3 � tGreg Brotherton Chair Dae John atiro, City Manager ' Date JEFFERSON COUNTY SHERIFF ".,,,, , ..... Dat mm Nole, c'f rson County Sheriff Approved as to Legal Form: Approved as to Legal Form: Philip C. Hunsucker, Date *iGreenwoo . 1 Chief Deputy Civil ProsecutingAttorney pCity A torrrey_._ .. bate Jail Services Agreement 2018-2021 12/08/2020 Page 2 of 2