HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jail44
I
AGREEMENT FOR MUTUAL USE OF JAIL FACILIVES
This Aqreement is made and enter into by and between BENTON COUNTY
ed
subdivision of the State of Was a Political
WA 90350 hington with its, principal offices at 620 Market Street, Prosser,
and GRANT COUNTY, I I I
8 POlitical subd vision of the State of Washington with its
principal offices at 35 C Street NW, Ephrata, WA 98823- hereinafter collectively ("the parties"),,
RECITALS
WHEREAS, Benton County and Gran
misdernet County are authorized by law to, a
anants and felons; and oporate Jail for
WHEREAS, the parties each wish to utilize the other parties respective County jail as a place
of inmate confinement when it is deemed to be 'in the best 'Interest of both Counties and
WHF-REAS, this Agreement doesnot create any separate legal or administrative entity
pursuant to RCW 39-34.030,- and I I
WHEREASt RCW 39-34.080 and other Washington laws authorize any pu . bl'
le agency to
contract with another public agency to err" serv"
agency is author* d by law to perform* and ices and activities that each such public
ize
WHEREAS, the parties,, have considered the anticipated costs of incarceration services and
potential revenues to fund such services and determined it 16s in the parties best intereststo
enter into this Agreement as authorized and provil
Washington law. ded for by RCW 39-34,080 and other
AGREEMENT
d
F i or and in consi eration of the conditionss covenants, and agreements Contained herein the
Parties agree as follows:
E.UR►
E: It'I's the purpose of this Agreement topfovide each a rt
other party's 'ii
Contract Agency,
Grant County Jail
Phillip Oats, Chief Deputy Corrections
303 Abel Road
Ephrata, WA 98823
Tel.- (509) 754 2011 Ext, 2401
Email: owatts AmmnitcDunt. wa,nov
Notices shall be effective immediately upon receipt if delivered in person, If notice is
delivered by US Mail, then 'it shall be effective three days following the day when it is
deposited, Postage prepa"d
i , in an official mail receptacle, properly addressed to the
other party's contact address and person. If notice is made by email it shall be
effective at the time of start of bus" , then 1
iness, on the next day follow
transmission. I business In successful
Each party must have an Agreement administrator, at all times th' .41
fore. P a rt, is agreement is
4 1 in
ies may change their Agreement administrator by submitting notice of such
change to the other party in writing,
4. AVAILARIii ry OF JAIL FACILITIESO
Each Party -shall a,ccept an 'Inmate requested by the other party at Its sole discretion.
This discretion is, in addition, to each party's rights with respect to cert in
forth In Sections 8 and 9 herein. Ea al, Inmates set
I - ch party shall on.ly submit inmates for confinement
under th"s Agreement that are held 24 hours a day "in all confinement,
incarcerated Pursuant to Inmates
crew, wor . k release, ho thi's Agreement Will not be eligible for Participation in Work
0 me monitoring, or any other programs in which inmat
all or part of their -sentences # es serve
outside the confines of a jail.
CMENION:
inm te s 'd ition, The part'
in Kind Co
deter yi* ies agree that when a County
r Ines it is in its best interest to house an inmate (hereinafter "Transferring
County") 'in the other Countyls Jail, facilities S
A ubject to the limitations of sect'
ion
4, the County receiving the'Inmate (rirfthI
er "Receiving County") W-111 transfer
an inmate at that time to the Transferring County of a similar c
las$"ficafion level
to be housed by the Transferring County for an equal duration of time, In
Performance of this Agreement when Benton County I
is housing its nmates a
the Grant County Jail$ Benton County gill
1*11 be deemed the "Transferring Countyl
and Grant County will be deemed the Receiving County
this Agreement when Grant County is housing In perforMance of
Its Inmates at the Benton County
Jail, Grant County will be,, deemed the "Transferring County" and Benton
County will be deemed the Receiving Countyll,
(b) Moneta-1111 Considera In the event the Is swap desc'
5(a) is not possible or Impractli ribed 'in Section,
cal for any reason, the parties mutually agree
i
that the housing of an inmate by the Receiving County on behalf of the
Transferring County shall be compensated at the rateof one hundred two
dollarnd i
s annety-two cents ($102.92) for every 24-hour peri
opo
thereof, that said inmate I's In the custody of the Receiving od, r rtion4
County, Such time
2
period shall be Measured from the ti
custody of the Receiving County a me said inmate is transferred to the
reSLIMeS custody, nd ends when the Transferring County
(c) Other Costs The Transferring County shall alsO Pay such other costs as are
A
incurred by the Receiving County, or third . parfies, in 'incarcerating inmates on
4
behalf of the Transferring County, as set forth herein t including but not linlifted
to any medical costs required by Section 6..
(d) Billing.The Receiving County may bill the Transferring County on the 15th day
of each month for all Mounts due to the Rece'
Agreement for the serv' iving County under this
ices rendered in
hallthe prior calendar month. Payment
s' be due from the, Transferring, County by the
mo15th day of the following
nth. Account balances overdue 30 days or more will be subject to a service
charge of 1% per month (12% Per annum). Should 'it become n
Trecessary, the
ansferring Coun, ty shall pay all collection costs, asSOclated with it
payments,
(e)��. The collection Cif; booking fee for Transferring County's inmates
pursuant to IRCW 70 " 48,390 shall be subject to the discreti I on of the
Transferring County and shall not be collected bv the Receiving
sh County from
uc'inmates, The Transferring, County shall'not request or require the
Receiving COUnty to assess such a fee on its behalf.
6. MEDICAL CSS AND TREAT
1-111;1,11 � , M.ENT*
�50_rvices Provided, Upon transfer of custody to the Receiving County, the
Rece1ving Co ' . I
0 unty shall Provide or arranoe for the Transferring County's
inmates to receive all necessary medical, Psychiatric, and dental services in
accordance with the Policies and procedure!s of the Receiving County and
applidable law.,
Cost RP.,qnnng1ft, The Transferring Countyshall be M$Ponsible for, or shall
Pay for the cost of, all med"cab
i ion prescribed for any of its
Transferr"ng Coun inmates. The
I , ty shal.1 also pay for all costs associated with the deliVery Of
medical, -PsYchiatric, and dental servi vided to an inmate who, in the sole
ices pro i
discretion of the Receiving County, Arequires the services of a third -party
medical, dental, or psych"a ric services p
I i, t 0 rovider, and for all emergency
medical, dental, or Psychiatric servicest wherever provided, These Costs 8hall
be paid directly to the provider or as a 'reimbursement to the Receiving County,
as directed by the Rece* ing County. The Receiving Cou,nty shall bill the
Transferring County only firth the actua,l costs charoed to the Receiving County
and shall provide an 'Itemization With such billing,
(c) Notkce. Except Of SftIn - I I
case uaflons deemed an emergency at the sole
discretion of the Receiving County, -the Receiving County shall nofi
4 ify the
Transferring County's Agreement administrator in writing, by emall, prior to
transfer of a Transferring County's inmate to a medical, dental or psychiatric
provider outside of the County jail Cr to a hospital for medical,'Psychiatric,Cr
dental services.
(d) Pre-Confingment nmonnts or Refusals, If a Transferring County's Inmate has
either 1) received medical, psychiatri`c-, or
dental treatment; or refused any
medical, psychiatric, or dental treatment, from
the Transferring County or any
third -party provider of such services before transfer for confinement �r� the
Receiving County'S, jail, theTransferringou
our�t all writtenverification � � County �l�il r�r t � ���rr� .
ritt verification f n uthoNzatr � �f r" ref
r treatment for such inmate(s).ural t authorize rl care.
(e) Return for Medical Services'. Nothing herein loll preclude the Transferring
County from
retaking cust� f
p ars ill r injured 'inmate y retaking custodyof
such lrrt at ReIrr turn ' "ail
preceded1 r`tlr f Custody shall be
written notice t least 24 lours In advance of � w the
desired
time of custody. However, in situations where t���irrunty, l�lsrti� determines. that � in lr�
�
rr� w care, the1ceivirg but shall� t rpt to arrange emer-
gency rd
l
services(at theTransferring County's ���� ��tr�t��trrrrust fromthe Transferring
County to raters cu t d ,of the inmate.
R—emords-,,. The ReceivingCount
l l keep records f all medical�y��trrdental services
it eon .
r �urt�r� of the,
Transferring County, the"r rr ferri�i b u t �� W
of the m d1 y w
l
receive copy r summary
l Psychiatric, r dental records bald b the Receiving "
ars Inmate of the Transferring County',
��r� County for
.
Transoortatin
-11-11110-f Medications and Records. The '-�4
Transferring buy agrees
to transport with the .�t�r t , any and alllic l .
� �
mil re in �re
' cords, current
�, r �hl�+�if theInmate's urt non.co troll d substance medications
1 and previously ver -the -counter medication,, h� n�r��l record shall �t rinl�urinclu the .
ed
ay
'Inmate's name, inmate's � num
t� frrtl any known allergies,
urrrrt medication llst and description Ofurrr�t rail
fluty ril r�� r problem(s), the 'in
provided, and the facility health ►taff contact inf tm
tion.
(h) Receiving aunty may chargeinmates a medicalco-payment for rrrdl ll
andmedications, The Transferringhunt i
td
r rr�r t not responsible for thecost f
medical co -payments and cannot be billed for the
lnmat including but nit lrri scostsforany
to irr indigent inmates,
7, TRANSPORTAT!QN-OF INMAIE,,j.
Reaular TrnaWort, For all inmates accepted the Receiving County,the
Transferring County shall be responsible i
rrrl for transporting rn�t� t� � from
theReceiving County's Jail for llpurposes rr� t K'
u in but not limited to court
hearings n it porrrtrr�t lir n r
County's ll r�inmatei� ��,� rtutr�r�, the l<.�r�rrr
y transport an t their discretion and will notify
Transferring County s soon as practical trfy tl�r
,� �tr+�l f tl� transport.
N
(b) Transoort,.q hV the Receiving ro!iUt
For any transports by the Receiving
County required by court order, or made at the
Transferring Count's request,
the Transferring Counter shall reimburse the � i
associatedi°� uch transport; County �� .allcosts
t��n
rovided, this Agreement shall not be deems
to Create an obligation of the Receiving hunt
to provide anytrn+rtsd
(c) Transferrinn County Tran In the event her party requests that
Of an inmate transferred back t theTransferring
rs sri ; khunt, �n ern with
a
ht set forth in this Agreement, the Tr nsf rri
transport such ihrnat Ashall
I ine set forth in this Section
(a) or (b) above, If the Transferring County desires
inmate and the Receiving County does not agree to transport the roma
Transferring County shall take u t , the
`alarresponsibility.
t inrnteatth Receiving County's
handle all transport r n lhilit . ThTransferringC
rrlttn nti f suchant shallcause
petted transport by he Transferring County t
o be
received by the Receiving County at least hours h
tart f+ r the time f such
8" !MN,SFER 6F, CUSTIQP.Ywi
c 0 r, PM
rnrnnnt f Custd l�ri
frr in Court
inmates shill not � �u�t rn
until
officers,
Yy. :' deemed t he in the legal us:t f the Receiving
'iui �� '7 /�i' �� 1 �WiF s ! 1 Receiving . : ... County
.
County's Sheriff'sDepartment take Irl
control of such
inmate,
ate, a The Reim County shall l nit required
l to►
takeDuh control of,.an Inmate until the Transferrin hunt has lir copies
of
all inmaterecords pertaining' t the inrat's incarceration ra ion the Transferring ritsintin including a copy f the innate
medical records held by
the Transferring County or its:int,
and a copy of the document that provides
Ie,gI authority for the incarceration of the i
n�atem if additional Infrrat��►n i
requested the � in County regard �r� �arti u
shall mutually lar inmate, the parties
cooperate to obtain such information. In the absence
docurntatih information satisfactory
ri�ir officer � � theReceiving County, the
fuse t accept theTransferring County's Mr nm
ate The elviriCu ��' mt for
County shall not required to take custody f or
assume control of or responsibility for an � property r
uh property t f the inmate,, except for
that the ei�uin County allows inmates t ti.
The Transferring C� � � their Il�
unt s officers li r�ni�" an Inmatet the transportation
location shill b� rs��r�nlhl for ensuringp�rtat�n
�that ill pp�r i� In reran that
all propertyIli' to transported Frith the inmate ��
such time Only � �t � properly packaged, t
, l at such time, s all paperwork ard pr �are in orderrel the R+erlrg County take physical control l f �
assumecustody f
responsibility for the TransferringCounty's '� f��
inmate t� be
(b) further Transfer Of t t as
otherwise allowed by Section 10 of th
Agreement, the RecelVing hunt
fall not be required t, under any
circumstances, transfer custody ofn ' � inmate
rr�nt t �t confined pursuant t� this
any agency other than to the Transferring County
written authorization from court fcompetent_ nt� without the
jurisdict"on. en with such
authorization, such transfer to anotheragency shall bt thediscretion of the
County and hall b further subject to the provisions
(C)
n i ►i% ti n As,surnjotion of Gu.... . ..... ; ""
st d Upon transfer of custody to the
Receiving Count, it shall bp
the Receiving C un yr r pon ibilit t
administer the in t f sentence Pursuant to theY �
in the State order r�nr i Ing court
Washington for and the Transferring County's determinations
rrd.n "l release it r t�Transferring hunt' duty todtrnin the nout, if anyi early r1�rrt, earned h
of its
inmates and to timely notify the Rec
eiving fount
upon inmate's y of the effect of such credits
t release date, During such confinement, t�Receiving 1 i vr
nCount oll provide and furnish or arrange for all s �rn edicaI and dhospitl servicesand lig in accordance with �tr���
thi's Agreement.,
(d) Resumntinn. L rn
county. The Transferring Count shall
b deemed t have resumed l Y
.1 utd n inmate �r�11 ��r"n�r�r�
t tl�r Receiving County for inr�rti �
Incarceration. pursuant, t this Agreement, upon
r ►r�nttion � u inn�to t tl✓r Transferring County's � � ...
ed
r
art rr
un the Transferring � n hunt r1 facilities or
r
r n� hunt officers tlin l��il �ntrMl of n i
any other location. inmate at
90 aIGHT TO RIEFUSEIRETURN AN IM�. ThRiving but shall the it t refuset t r t return any of Transferring County's inmates t its esole discretion, for any reason, including but not limited
to the follorn�
(a) Pend'na l+4kc,a.I.Ne.eds., The Receiving
to Cunty°,sf�ll vthe right to refuse
pt anyTransferringCounty inmate who t the time
r `�' to the lrrin � y � .. � f presentation of
County's larl fa rlrtlfor ►nfin mem i wit
required medication and records � t , lout the
provided in Section ), r ars as
determined theReceiving fount in � {
attention.,y x f medical, psychiatric, r dental
until the County has provided medical,
dental treatment t the i � real, psychiatric,ror
inmate t the satisfaction of this Receiving Count
(b) (Sroblrntoial blitON or w
Behavior and New Medi�11.1: ndtibn��The
Receiving �
cunt gall have the right to refuse to
TransferringCounty's in accept, i to r turr ani.
M tl�r t, in the solo Judgment f the
County, l�a� history serious� rrn.
medical problems, i s presents serious risk f
escape, presents serious risk f injuryt other
represents riskt t persons r property,
h orderly' ,and safe operation f the 'ail r de
'Illness r injury that madversely� � ol�� n
affect r ntrfr�+ with the operations ►f the
ReceivingCrw�nt's �'rlk any it tin
incurred in the r costs,port medical or otherwise, ft Transferring County 'Inmate
# under this s subsectionrall the responsibility f the Transferring rrngouty
TheivinCo
ar t nal irnr�diit notificationt the unty
`�rnfrrin County and forward
colpies ofa y and all incident reports disci l
Including documentation rn r reports, findings, and actions,
g . of removal of earned earl release
Transferrin County,� credits to the
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(c) aendi I nq_Lbar es. The Receiving County shall further have the right to refuse
g,
to accept or return any 'Inmate from the Transferring County for confinement
that has misdemeanor, gross misdemeanor, or felony charges pending,
(d)
lr�rr��rtr tion
The Receiving County shall have the right to refuse to accept
or to return any Transferring County inmate that files a claim or lawsuit against
the Receiving County or indicates intent to do so.
(e) Return for Release, The Receiving County shall have the right to return any
Transferring County inmate at any time within six (6) days of the scheduled
completion of a sentence of confine'ment by Groh 'Inmate.
_Returnnom oin
Due to The Transferring County shall have the
Up
g
obli at' ion to begin picking up Transferring County inmates during the that
days preceding expiration of this Agreement so that all inmates may be
transported pur-suant to the regular transports under Section 7 (a), and (b)
above,,
(g) Notice of Return and Trans rt. The Receiving County shall provide written
notice, via email, to the Agreement administrator of the, I I
A w anticipated return of an
inmate under this Section 9 to the contact person Identified in Section 2. The
Transferring County shall transport the inmate(s) authorized for return under
this Section 9 in accordance with Section7 (a) and within seven days of'such
notice.
100.1 R..MOVA ^*a
L FROM JAIL rHER ROUNp, -
I - -. S �im �=K�, G, The Transferring County's 'inmates
may be removed from th-eReceiving
I County's jail facilities, for the following additional
reasons:
(a) Re,�juest _t Tra
g,gLbX.—nsferr.ing fountUpon written request of the Transferr"
founty for transfer of custody back to the itansferrn "*' . ing
I g county. In such case,
the inmate will either be transportedby the Transferring County or by the
Receiving County pursuaht to 8ection 7 above,
V I
(b) !�,ourtOrder. By order of a court having jurisdiction over a Transferring County's
inmate. In such case, transport shall be according to the terms expressed In
the court order, or by the Transferring County or the Receiving County pursuant
to Section 7 above,
(C) Treatment Outside of . IM11. For medical, pqchiatric, or dental treatment or care
not available within the Receiving Countys jail facilities or which i n the
A W I
Receiving County's sole discretion, requires the services of a thrd-party
medical, psychiatric, or dental care provider at a location outside of th el Jail,
(d) Catas ro he. In the event of any catastrophic condition presenting, in the sole
discretion of the Receiving Coun
ty, an eminent danger to the safety of the
inmate(s) or personnel oft Receiving County, In such case, the Receiving
7
County ill inform the'rnfrr�n aunt
the hreh� � ��� earliest practicable tirr�
ut�
�ffh rnrnt(s) ,� removed n shall xr0
��r for the � in n cuInmate(s).
� ill reasonable
study f such innate(t.
TRANSFER JN
ERMINATION/ OF AGREEMENTik
(a) Trmintlnnithr art In
the event of a notice of t rmth tlon fro
either party in ern with Sect-Ion�the
n l��nr, � �"rn�frring punt
agrees to transport according t Section 7 n(b)'
� � r.:�nt[I ill inmates r
returned to the Transferring County before
re+n�nti � the trin�lnation .t the
ease dates schedule shall h t
rrrini
Receiving hunt � the between tl�
Transferring rrin County according to the
Inmate's release date or earlier If necessary to transport prior t� the trnrt'te, Until such removal the Transferringhounti
n
pay
compensation
and costs set firth herein related to the
housing such inmate(s). Th
Receiving County shall ruin all rights 1 i '' stand*
"' "'
termination, hereunder, k M9d 1 l�i. ! I Ri i uc,,
until all f the Transferrin County's Nn
r+��in � jail. � i y rnt r rrn� frim the
w ty s If the Population of Transferrin County's
timing of notice f t rr in tI is u inmates r
n(b)h that transports pursuant to section 7(a)
will not completed prior to the` *
nt��t terminationdate, thin
Receiving County may inrs transports
at `rr�sfrrinC,beyond that �n tun ' (a) n
ounty s expense, or may require the Transferring
transport the excess 'inmates,.County t
A�XOMNIS A AA _.. GMS
E��1 release Credit and li�i IinWa
ith respect to the Transferring Count �s
�nmts, the Receiving Cshall n rnrgiii ling issu
n shall administrator sanctions, including r
rte �� �r_ Receiving� rnvl f ern rly rl;s
County's policies and procedures. disci
pt'
Isilne
prohibited federal r state law will h permitted. W
rubs theh I1 1 Iinarypolis and
' jail� y � w��r��n punt � shill apply equally t inmates confined
pursuant to this Agreement and to those otherwise confined, The
Receiving
aunty agrees me 'immediate
notification to the`I""r nsf rrin �
forward���� f any n� SII �n�dnt r i � disciplinary aunty n
tins inlrt,sry rrt finings, ne4so
ding CuMntton of removal of earned earl pt x
the Transferrin County,
, y release rt
(h) Inmate Arrminft.The Receiving County shall establish and maintain
cCOunt for each inmate received from the Transferring
t such account all money r aunty n shall credit
carred from n Inmate or from the Transferring
County on behalf of an inmate. h Receiving
disbursementsern aunty shill make
from such accounts y dhitin such a a
amounts for Itpunts �n accurate
rns
purchased s y the innate for personal nee
Disbursements shall be made in Irrnitd
amounts as ars
for personal n�antnnr t reasonably necessary
t rrnir fon ur expiration f this Agreement,
antnnt's return to the Transferring County, or
death r escape f an 'Inmate,
4Receiving
County shall submit a check to each in eligible 1� ib1 for
reimbursement.
(C) ErggLams, The Count' shall provide the Transferring ' ounts inmates,with
access to all educationali recreational, and social
. r serviprograms
currently, rrnyI ,
offered Mt Receiving County's
iMnt'� jail
under the terms and conditions applicable
t VIII other inmates at the jail.
(d) Inabilitv fn, AorveTim.C utsid of F cilia
In accordance with Sect"on 4 of this
sferring Count n� t ssh
Agreement.,the rn 'sih
yIl not be allowed
t leave the
til or p:rtii;�tin in rrti�nl rµcrews,rev yF�yfi/��yq�Vy� (µy}[�e �*+y /�4�,
I' ;1A✓I F.�*+Wi ��, 4. � -.' - _.� r y ��1 release'
orf FwF! gram1J, home
m.
o any other program in which other inmates sometimes
arellowd to leave the physical confines of thejail�;r� serving the
irntnc. .
13. ACCESS -FACILITY D P.RISONERSh
(a) Acce§s t F:4�� TransferringCounty shall have the right to inti t
.mutually agreeable tines,, the Receiving County's Jail in r � �ir�rntrns stand �' dirt ��� the jell
standards till t the Transferring Count and that it .
aretreatedappropriately, h Receiving rnn��t
County agrees to manage, maintain,
and operate its facilities consistent with all applicablel federal, state, and locallaws applicable�t the location of the jail,
(b) Access, fn lm.s* Transferring Count,
.� personnel shall have the right t
interview inmates from theTransferringCounty t n reasonable time with*
the jail�Transferring
County ffi r shall be afforded equal priority for use of
jail Interview mins with other departments.
144 UC ES AND DEATHSi
(a) In the event of an escapeby Transferring erring rCounty'r
s Inmate fromthe Receiving County's jail, the Transferring County Ill notified phone Iend n �n practical,
"h
Receiving County shall have
primary authority t dirt the Investigation
q} ysy� /.y► IV
prisoner
yy the
�r tr�k.+r� �� � �uru tl� Within I4
Jurisdiction. � Any costs related to the, rn str tr�n end
jurisdiction will the responsibility �rrr�ult Ithln Its
of the Receiving unt The ce*v"n
County shall not required t pursue and return turn t
hTransferringunt '
escaped inmate(s) from outside of the ivin Coun
��jurisdiction,
h') geaths.
}
In the event of a death of a Transferring rn Count 's inmate rn the
Receiving County's jail, the Transferring County shall be promptly
not] F fled by phone and in writing. The Burin COU
EnforcementCoronerinvestigate
nay'Bureau �� �r
and the County v ll investigate theit um t �;
f doth Th Transferring Countyn�
�� i tri�h join in the
inv tigation and r iv copies of all record
and documents in
connection with theinvestigation,
(2) The Receiving County shill,ubject to the authority ority f the Count
Coroner, follow the written instructions of the Transferring
regarding the disposition County of the body. Such Tritton instructions shall be
Provided within throe work -Ing days of receipt- the hTransferring County
of notice of such death. ill expenses related to necesof sary � rcr�tiori
y n transport charges shall be the responsibility of the
Transferring County. With written
consent from the Transferring
County, the Receiving County may arrange burial and all matters
related or Incidental thereto, and the TransferringCountyshall pay allsuoh olonoparagraph dealswith
relations between the
parties to this Agreement and shall not affect the li hilit orights
rlitiv or other � of ��
person for the disposition of the deceased or any
expenses connected therewith,
The Releasing County shall not scree as agent for the Transferring County lig root
of any bail Monde or iy monies posted for orTransferring
such oririty'� lr�ir��irtf r�
�or�o a
rii
will
County's
posted at the Transferring County's tail,, In the event
fail is, posted for an iinmate�n appropriate Y
timely ri to notific tion will be given to the
Receiving County by the Transferring County.
Y
y
00 XEEP1NG*
The Receiving bounty agrees to maim: instem of 000r�l r _
booking and ooi�fl y keeping relative to the
Tremont of each of the Transferring rrin County s inmates con!�Isto
the rotor l�ooin by the Receiving o int with
County for ill other inmates. s The Receiving
all make copies of said red
o�irit �h cors available to the
Transferring bounty upon
Its request.. Monthly medical charges will be Itemized Indicating
procedures performed.
_.. Y ' L.4
iri medical costs
he Transferring County will h lours all confide _ i _
� s int .
Inas applicable to Jail ars/or medical records.ility
17. INDEMNIFICATION ANS ENSU ,NCc4.
IEdnin tir Y The Receiving it Countyill
shall
- int rn*fyth+ Transferring
County, its of�i,o�employees, from�� against any claim, ,noslosses, and
expenses, including but not limited to reasonable
attorney's foes, arising'from the " Y
e ei in �our�ty' erformance under this
Agreement; rovl o , to the extort the claim,
damages, o
, r
expensesire causedby acts or y the concurrent negligence of theTransferring County, its officers, agents, or employees, the Receiving County'sirdemniotion obligation herun ershall be limited
to the Receiving
proportionate bre of liability . County's
y a agreed to y the parties to thi,s Agreement or
determined y a count of competent jurisdiction.
(b)
nsur he o ur ment�, Each party shall obtain and maintain
tain
liability coveragenie minimum liability limits of Two Million ollar($2,000,000)
p _ r occurrence
10
and Three lillion Dollars ($3,000,000)in the
rt ttr7idrtrtirr.
l abffi r + ur related to confinement of inmates
d rr � Y in luding general liab*l'ty,
errons stoma, auto liability, and police professional liability,
insurance pli(i loll provide -1
p err for those everts that occur
ttart f theAli despite during
y�when the claim is rade. Self-insurance r
participation in rich pool shall b sufficient to comply i
these insuran r �� the �r visions Of
(C) Certificate Insurance Ehart �� this Agreement agrees to provide the
other withvid ne, of insurancew
garage i rr the fora of either 1) a Certificate
from solvent i n $Urn provider confirming
Y' c nfr- i n� coverage ' fo � solvent
insurance poolwhich is sufficient
t address the insurance s
above; or 2) written. evidence of ► rtt i r forth
r r t t r rr in program of Self-insurance or
participation f risk pool that is sufficient to address the
i
insurance obligati forth above. n
The parties s agree not to discriminate ire therf r ' .
basis f , race creed, color, t tr r lri in, sex; honorablydischar d v
militaryttus, sexual orientationgen Iy presence of any
trrr r
dent
expression, r
sensory, mental, r physical disability or the use of a trained guide
nil with id service
disability, , r n other classes f rs nsrote
discriminationb tt 1
n" Federal l or � d from
.
�r r
This Agreement is std ire accordance with the: authority of Chapter 39.34 RCW
the Interlocal Cooperation Actr�t� provisions rrtrl . urs to the �
Benton County Sheriff � � �f �� 39.34.,030, the
f rid the Grant County Sheriff shall be responsible
administering the or�finirrrrrt t 'Inmates, _ for
jointly � �� l�rr�d�r� rl r rr�l r mill
aired themiss under thisAgreement, ►l l
f tl artier shall r m arownedby each
in its sole r 'p rtt bold and dispose f ire It solediscretion.
sretton,
20. WAIVER OF RIGHTS:
No waiver" of any right under this Agreement shall b M
effective unless made in writing
by ars authorized representative of the party to be bound
thereby, Failure to 'Insist full orf rm �n
or failure to enforce breach oftbis agreement
on` occasion
shll not constituteconsent to or waiver of rr rtr il0 f nonperformance rman or, any
l,tr rnrfrrncnor ds nt of in dperformancefr
ing or
notice of a deficiency In performance constitute an acquiescence
21. TERMINATIO
Thi's Agreement m.ay be terminated prior toit ti i
t delivered by r ren � written noticefrom either
regular rail to the contact person at address.
Termination by said notice shall ot f�ril� l"ir�ir�r
rr� effective r��r�t (90) des after rece Cif such
t 1.
notice. The notice shall set forth the reason the Party wishes to terminate the
Agreement and the specific, plan for aCcOmm.odating the affected Inmates, if any,
22. DURATION.
Thi's Agreement shall be effective April 1, 2022 and shall continue through December
31, 2022, unless terminated earlier under the terms set for in Section 21 above, This
Agreement may be renewed forsuccessive periods of one year by written addendum
executed by all parties hereto under such terms as the parties agree in ver'
ting.
othing 'in this Agreement shall be construed to make it necessary for the Contracting
Agency to continuously house Inmates with the County,
23. AO.VERNING LAW,
The parties hereto agree that except where expressly otherwise'provided, the laws
and ad mini strat 'I've rules and regulations of the State of Washington shall govern in
any matter relating to this Agreement and an inmate's confinement under this
Agreement.
24. M.19.911EL�ANEQUS-,
In providing these services to the Transferring County, the Receiving Count "
independent contractor and neither its officers, a y is an
gents, or employees are employees
of the Transferring' County for any purpose including respons*b'fty for any federal or
state tax, industrial insurance, or Social Security liability. No provision of services
under this Agreement shall give rise to any cla* �# *1 service right,
IM of career ser0ce or civi
4
which may accrue to an employee of the Transferring County under any applicable
law, rule:, or regulati
ion,
-This section was intentionally left blank -
12
i
Date, 2,
BENTON COUNTY, WASHINGTON
Date-.
GRANT COUNTY, WASHINGTON
Approved as to
form -,
n J. Lukson, DPA
13
Approved as to form.,
Ppf4
APR 12 2022
t* 14 ilk #A K ri N 44 0
RESOLUTION 2022 293
BEFORE THE BOARD OF COMMISSIONERS OF BENTON COUNTYWASHINGTO NI:
IN THE MATTER OF AUTHORIZING T11E BOARD OF BENTON COUNTY
COMMISSIONERS TO SIGN TIJE A().rREEMENTffETWEE4 N HE,4NTON COUNTY AND
GRANT COUNTYFOR MUTUAI, USE OF JAIL FACILITIES
WHE REAS, both parties wi-SI, to ellter �[nto an Agreement for Mtjtujj Use of Jail Fa6lit'
ia
place of inmate cOlIfitne.."Ie"t When it 1.s deemed to be in the bestinterest of both Count, es s a
les,: alid.
WHER,EAS, the parties agree
that when aCounty deterniflies it s'n the best interes-tto house an
inniate in -the other County's Wl faell 't
j I COunlY w'fl transfer a
I les, theReceiving n inmate at that
time of a si'milar classification level totheTransferri,ng County to be housed by the Transfiemng
County for am equal duration of t'
nn.e,, anu
WHEXE,AiS
'I IS 110t
the event the tn,nuate "-'VVt1 111 k 111d Cons"deraflon
K )ossible or ln�practical
for any re he part" Utually tt reethatthe 110US1.119 of an inmate by the Receivi'ng County
ason., t S M 9
i behalf ofth ran rri . g 0
and n*n V' T Sfe 'n C nty sha, 11 'be cOmpensated at the rate of one hundred ovo dollars
I ety-two
celits ($102.92) for every 24-hour period, or Portion It e 4 4
. 0 1 h, relof, that said in -m -ate j in
custod, NOW, THEREFORE
yl -
BE IT RESOLVED,
the Board of Benton -Cowi.(y ComInissioners, Benton Coqnty,Washingtoll
hereby approves and, * I I.J *.t_; . 1)
Is tauthorized to signthe attached Agreement I
.for Mutual Use of Ja*1 Fac.111ties
*A 14
between Benton, Cotjnty and 0 rant County for the pertiod of APr1j, 1 2022 thro'Llah S Deember 3 1,
2022. "I"hi Agreement c
nl'wy be renewed for success
executed by all pard"es hereto. ive pen*ods of one year by written addendum
Dated th'i's
day of
2022,
'Short small
J40110"d Telepho"Irally
-the Board
Chm. anP ro
- Tem
J$r*#"O Delvin
Clerk of the Board Approv6d ftlepho"it.11,
orig: Bcco
Cc: Auditor's Office, PA, Grant County
I toilets
of Benton County, Muhl*491.01111
Prepared by-, L. Small