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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 6 (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