HomeMy WebLinkAboutInterlocal Agreement with City of Shelton for Use of Jail Facilities - Interlocal Agreement INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITIES
This interlocal agreement is made and entered into by and between Mason County("County"), a
political subdivision of the State of Washington, and the City of Shelton ("City"), a Washington
municipal corporation.
RECITALS
WHEREAS, Chapters 39.34 and 70.48 of the Revised Code of Washington authorize the
County and the City to enter into a contract for jail services that specifies the responsibilities of
each party; and
WHEREAS,the City wishes to designate the County's jail as a place of confinement for the
incarceration of one or more inmates lawfully committed to the City's custody; and
WHEREAS, the County is amenable to accepting and keeping inmates received from the
City in the County's custody at its jail for a rate of compensation mutually agreed to herein; and
WHEREAS, the County and City have considered the anticipated costs of incarceration
services and potential revenues to fund such services and determined it is in each of their best
interests to enter into this Agreement as authorized and provided for by RCW 39.34.080, RCW
39.34.180, Chapter 70.48 RCW, and other Washington laws.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises contained herein,the parties agree as follows:
1. PURPOSE
It is the purpose and intent of this Agreement that the County, through the Mason County
Sheriff's Office Corrections Division ("Sheriff's Office"), and the City, through its Police
Department or City Manager, shall cooperate for the care and custody of adult male and female
jail prisoners pursuant to the authority of Chapters 39.34 and 70.48 RCW. This Agreement
provides for the use by the City of the County's jail facilities and services at the County's jail
located at the 411 North 4th Street, Shelton, Washington 98584 ("Jail").
2. CONTROL OF JAIL
The City acknowledges the County's statutory responsibility for, ownership of, and operational
control over the Jail. The County shall administer, manage, maintain, and operate its facilities
consistent with all applicable federal, state, and local laws, policies, procedures, rules, and
regulations.The City hereby consents and agrees that inmates committed to the Jail by the City
are subject to all rules and regulations applicable to County inmates incarcerated therein,
including but not limited to all terms and conditions of this Agreement. It is further understood
by the parties that the County shall be solely responsible for operational decisions regarding the
appropriate level of security, inmate management, and housing of all inmates. The Sheriff will
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reasonably consult with the City's Police Chief regarding issues concerning City Inmates, as
defined in Section 4.
3. AVAILABILITY OF JAIL FACILITIES AND SERVICES PROVIDED
(a) At the request of the City and subject to the capacity provisions below, the County will
accept and keep inmates and provide inmate services for gross misdemeanor or
misdemeanor cases initiated by the City and felony cases referred to the County for those
offenses alleged to have been committed by adults within the City. Upon transfer of
custody to the County as provided in Section 8, the County shall be responsible for
confining, supervising, disciplining, and controlling the inmate and for administering the
inmate's sentence pursuant to the order of the committing court.
(b) Capacity. The County will no longer accept City Inmates in the event that the Jail is
declared at or near capacity by court order or in the event that the County, in its sole
discretion, determines the Jail's inmate population is at capacity or so near capacity that
there is a risk that the reasonable operational capacity limits of the Jail might be reached
or exceeded if the County does not begin to refuse or request removal of inmates
provided that the County shall not refuse to accept City prisoners on mandatory arrests.
i. Removal of Inmates from County custody. In the event the County requests removal
of inmates based upon capacity, the County shall confer with the City to determine
which City Inmate(s) shall be removed. If the Jail has sufficient capacity for any City
Inmate(s)to remain in the Jail,the City shall have the discretion to determine which
City Inmates will remain in the Jail. City inmates shall be removed no later than 72
hours from the date of request.
(c) Release or Transfer.The County will not release a City Inmate or transfer custody of a City
Inmate to an agency other than back to the City, except as authorized by this Agreement.
i. City Inmates may be released from the Jail for the following reasons:
1. Request by City. The County shall release or transfer a City Inmate upon the
County's receipt of a written request by the City. When requesting a custody
transfer, the City may request return of a City Inmate in order for the City to
resume custody or may request transfer of a City Inmate to the custody of
another jurisdiction. Any necessary transport shall be by the City or another
jurisdiction or by the County with expenses to be paid as provided in Section
7.
2. Court Order. The County shall release or transfer a City Inmate upon the
County's receipt of an order directing the inmates release or transfer when
the order is issued by a court having jurisdiction over a City Inmate. Any
necessary transport will be according to the terms expressed in the court order
or will be by the City or the County, with expenses to be paid as provided in
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Section 7. If the City's municipal court judge orders that a City Inmate's
sentence is to be carried out in another facility or jurisdiction, the order shall
be honored by the County to the extent possible, although the County may
take into consideration whether another jurisdiction has charges outstanding
against the inmate.
3. Permission from City. The County may release or transfer a City Inmate if the
County obtains the City's written permission, with necessary transportation
expenses to be paid by the County.
4. Request by the County. At the County's request, the City shall remove high
needs inmates, as defined in section 4(d),from the Mason County Jail no later
than 72 hours from the date of request. In the event that the County releases
a City Inmate without written authorization from a court of competent
jurisdiction or from the City, the City will not be responsible for paying any
further booking fees for the individual on any arrest warrant, detainer,
probable cause affidavit, citation, other charging document, or judgment and
sentence existing at the time of the unauthorized release.
(d) Standards.The County shall provide inmate services to City Inmates in the same manner
and to the same extent as the County furnishes for the confinement of its own gross
misdemeanor or misdemeanor offenders.
(e) Video In-Custody Hearings.The County shall continue to make available the Jail's facility
space, equipment, and security personnel in order to facilitate in-custody video hearings
by the Shelton Municipal Court for City Inmates incarcerated at the Jail. A City Inmate's
attorney or City staff shall be present at the Jail to facilitate the administrative court
functions of each hearing, unless otherwise agreed to by the County. The City will
continue to provide video equipment for such purposes. The scheduling of video court
services shall be mutually agreed upon by the County and the City.
4. INMATES DEFINED
(a) "City Inmate" means those inmates charged in the City's municipal court; those inmates
confined and being held by reason of a warrant, order, or judgment issued by the City's
municipal court; those inmates arrested by a City law enforcement officer for a
micrlPmPannr nr urncq misdemeanor offense while held prior to charging or to release
without charges; and those inmates who are originally arrested for a felony offense once
they are referred to the City's prosecutor for filing in the City's municipal court as
described below in Section 4(c). "City Inmate" does not include those inmates arrested
by a City law enforcement officer solely based on an outstanding warrant from another
jurisdiction,those inmates arrested by a City law enforcement officer for a felony offense,
or a County Inmate.
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(b) "County Inmate" means those inmates arrested by a County law enforcement officer
while held prior to charging or to release without charges; those inmates charged in
Mason County Superior Court or Mason County District Court; and those inmates
confined by reason of a warrant, order, or judgment issued by Mason County Superior
Court or Mason County District Court.
(c) Determination of Case Status. The Mason County Prosecuting Attorney ("Prosecuting
Attorney")shall have the sole authority to determine which felony arrest cases submitted
by the City shall be charged as felonies and which as gross misdemeanors or
misdemeanors. If the Prosecuting Attorney determines that a case should not be charged
in Mason County Superior Court or Mason County District Court,the case shall be referred
to the City's prosecutor for possible filing in municipal court with inmate services charged
to the City. Following determination of case status by the Prosecuting Attorney, the City
shall not be responsible, financially or otherwise, for any County Inmate. If the
Prosecuting Attorney determines that a City case originally charged as a gross
misdemeanor or misdemeanor in municipal court will be charged in Mason County
Superior Court or Mason County District Court,then all inmate services will be charged to
the County.
(d) "High needs Inmate" is any inmate requiring isolation for their own protection,
disciplinary, medical, or mental health.
(e) When a material witnesses is held in the Jail, inmate days arising solely from a material
witness warrant shall be allocated to the party issuing the material witness warrant.
5. COMPENSATION FOR SERVICES
(a) Compensation.The City shall pay the County for bed space and services for City inmates,
including booking services, at the rates established in Appendix A to this Agreement,
which is incorporated herein by this reference.
(b) Calculating Time.The time period for billing purposes shall be measured starting from the
time the City Inmate is transferred to the custody of the County and ending either when
an inmate is released or when the inmate is no longer considered a City Inmate. Any
portion of a day over four (4) hours will be billed as one (1) calendar day.
(c) Allocation. In the event that an inmate is held on multiple charges or sentences, the
following procedure will apply to determine charges assessed to the City:
i. Costs for persons incarcerated on a City charge or sentence who is also being held
in custody on the County's or another jurisdiction's charge or sentence shall be
the shared responsibility of all charging or sentencing jurisdictions.
ii. For these shared inmates, the City shall be billed the proportionate percentage
share of the bed rate and the non-routine health care expenses for the shared
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incarceration period_ If an inmate is incarcerated on both a County sentence and
a City sentence,the additional bed rate and non-routine health care expenses will
be split equally between the County and the City.
iii. The County will provide the City with notice by telephone or email when a shared
inmate's status changes from a shared inmate to that of a City Inmate exclusively,
for example when an inmate completes another jurisdiction's sentence but
continues to be held by the County solely on a City charge or sentence.This notice
will be provided at least two (2) business days prior to the change in status when
practicable and otherwise within a reasonable time. If municipal charges are
dropped or resolved, such that an inmate's status changes from a shared inmate
to a County inmate exclusively, the City's financial responsibility for that inmate
shall end.The City will provide the County with notice by telephone or email when
a shared inmate's status changes to a County Inmate exclusively.
iv. Nothing in this section prevents the City from releasing or furloughing its hold on
an inmate. However, if the City voluntarily releases or furloughs an inmate and
then reinitiates the hold on the same booking number during the same course of
incarceration, the City shall pay the administrative booking fee outlined in
Appendix A
(d) Billing and Payment.The County shall transmit billings to the City quarterly, invoicing the
City for all services, including daily bed rates, booking fees, and any non-routine health
care expenses not billed directly to the City. Within forty-five (45) days after receipt of a
timely billing invoice,the City shall pay the full amount billed or withhold a portion thereof
and provide the County written notice specifying the total amount withheld and the
ground(s) for withholding such amount, together with payment of the remainder of the
amount billed (if any amount remains). If the County does not provide timely billings and
instead provides more than one bill during the same month,the City shall have additional
time to respond, namely an added forty-five(45)days for each late billing;for example, if
the County transmits two (2) bills during the same month, the City shall have ninety (90)
days from the latest dated bill to respond to both bills. Account balances overdue thirty
(30) days or more will be subject to a service charge of 1% per month (12% per annum).
Should collection becorne necessary, the City will pay all collection costs associated with
late payments. Withholding of any amount billed shall constitute a dispute, which shall
be resolved in accordance with Section 19.
i. Charges for services rendered shall be made as they accrue each quarter and shall
be substantiated with documentation. In conjunction with each quarterly invoice,
the County agrees to provide the City with quarterly reports providing a tally of
the total inmate days used for the quarter and documenting the names of all City
Inmates held in the Jail that quarter, the names of all City Inmates held in other
facilities on behalf of the County that quarter, the number of inmate days
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attributed to each City Inmate, and all active case numbers assigned to each City
Inmate, referencing the reason for custody.
6. HEALTH CARE AND ASSOCIATED COSTS
(a) Health Care Services. Inmates shall receive medical, mental health, and dental treatment
when medically necessary to safeguard their health while in custody as required by law.
Upon transfer of custody of a City Inmate to the County, the County will provide or
arrange for the City Inmate to receive necessary medical, mental health, and dental
services in accordance with applicable law and Jail standards.
(b) Inmates' Ability to Pay. As required by RCW 70.48.130(4), the County, as part of the
screening process upon booking or preparation of a City Inmate into the Jail,shall identify
general information concerning the inmate's ability to pay for health care, including
insurance or other medical benefits or resources to which an inmate is eligible or entitled.
The inmate shall be evaluated for Medicaid (or its equivalent) eligibility and, if deemed
potentially eligible, enrolled in the program. This information shall be made available to
the City and to any provider of health care services, among others. Nothing in this
Agreement prohibits or otherwise restricts the City from conducting its own evaluation
of a City Inmate's ability to pay for health care, including but not limited to Medicaid
eligibility, or from enrolling City Inmates in appropriate programs.
(c) Cost of Routine Health Care. As between the City and the County, the County shall be
responsible for the costs of providing City Inmates with routine health care. Such health
care will include those health care services delivered within the facility at normal cost by
County staff, contracted practitioners, or nursing staff.
(d) Cost of Non-Routine Health Care. As between the City and the County, the City shall be
responsible for the costs of providing City Inmates with emergency, exceptional, or non-
routine necessary health care. Non-routine necessary health care shall include
practitioner-ordered health care or medical services delivered to City Inmates outside of
the facility, specialized care provided by non-contract health care providers in or out of
the facility, emergency treatment, including EMS and the local hospital emergency
department, and related emergency or specialized medical transportation costs.
However, the County shall be responsible for the payment of non-routine health care
costs when City Inmates are assaulted while in the County's custody, unless a City Inmate
inctiaa+cc the artinn NniharP hP nr she is insured, or when those costs are incurred as a
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result of conditions in the Jail.
i. Notice. Except in situations deemed an emergency by the County,the County shall
notify the City prior to a City Inmate receiving medical, mental health, or dental
services from an outside provider or institution, and upon request will work with
the City to investigate the possibility of release from custody. In emergency
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situations, the County shall notify the City, as soon as reasonably possible, when
the County becomes aware that a City Inmate needs emergency care.
ii. Change in Custody. When health care or medical services are delivered to a City
Inmate outside of the facility, the County shall be responsible for the first four (4)
hours of off-site custody. Following notice from the County,the City shall assume
custody of the inmate at the start of the 5th hour.
iii. Billing. The City shall be billed directly by the medical care provider(s) or
institution(s) for all non-routine health care costs. However, if a circumstance
arises where direct billing is prohibited by law or otherwise not possible, then
those non-routine health care costs will be billed in the same manner and subject
to the same requirements and rights as quarterly invoices for inmate housing
provided in Section 5(g). When the County receives invoices from third-party
medical institutions or offsite providers for services provided to any City Inmates,
the County shall send those invoices to the City as they are received by the County,
including invoices received for non-routine health care expenses incurred for a
shared inmate as described in Section 5(c).
(e) Felony Offenders and Allocation. The County shall be responsible for non-routine
healthcare costs for inmates arrested and incarcerated by a City law enforcement officer
on a felony or district court offense. Health care costs for persons held under charges or
sentences from multiple jurisdictions including the City shall be allocated as provided in
Section 5(c).
(f) Cost Reduction Efforts. The County agrees to utilize existing agreements with medical
practitioners and organizations to mitigate medical costs, to make its best efforts to
negotiate additional favorable agreements, and to seek out all eligible third-party
reimbursement for medical costs (including health or auto insurance, DSHS/Medicaid,
and/or the State of Washington), in the same manner and to the same extent as the
County does for offenders held on its own charges. Specifically, regarding prescription
medication,the County agrees to use the DOC Formulary, whenever possible, when it or
its agents prescribes medication to City Inmates.
7. TRANSPORTATION OF CITY INMATES
(a) In verso Court Appearances.The Cite Will nrnvirla transportation for City Inmates to and
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from the Mason Countylail for all in-person Municipal Court appearances on City charges.
Consistent with Section 7(b), if the County is housing a City Inmate in an off-site location,
the County will transport the inmate to the Mason County Jail pending pick-up by the City.
The City will notify the County no later than 2 p.m. the day before a City Inmate has a
scheduled court appearance, unless the City Inmate was incarcerated after 2 p.m. and is
required to appear in court by the close of business the next day.
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(b) Additional Transports. For additional transportation by the County required by court
order or made at the City's request, the City shall reimburse the County for staffing and
fuel costs associated with the City Inmate's transport. Such transports shall be approved
by the City prior to the transport, and the County may agree to permit the City to provide
partial staffing for the transport in order to reduce costs. In the event that the City
requests release of a City Inmate to either the City or another jurisdiction,the inmate will
be transported by the City or another jurisdiction or by the County at City expense,except
that the County shall be responsible for first returning the inmate to the Jail if the inmate
is being held in an alternative housing facility pursuant to Section 3(d).
8. TRANSFER OF CUSTODY FROM THE CITY TO THE COUNTY
(a) Arrest Warrant or Citation. City law enforcement officers placing an arrested person in
the custody of the County shall, in every instance, furnish an arrest warrant, probable
cause affidavit, citation, or other charging document to the County's receiving officer on
duty.
(b) Commencement of Custody by County. A City Inmate shall be deemed transferred to the
custody of the County when Corrections Deputies from the Sheriff's Office take physical
control of the inmate and accept lawful charging documents.
(c) Right to Refuse an Inmate. The County shall have the right to refuse custody of a City
Inmate under any one of the following circumstances:
i. Lack of Appropriate Records. The County may refuse custody of an inmate until
the City has delivered copies of any records pertaining to the inmate's
incarceration by the City. If a City Inmate has received or refused medical, mental
health, or dental treatment from the City before confinement in the Jail, the City
shall provide to the County written verification of any authorization of or refusal
to authorize care or treatment for such inmate. If the County requests additional
information regarding records, the parties shall mutually cooperate to obtain such
information. In the absence of documentation and information satisfactory to the
County,the receiving officer may refuse to accept custody of the City Inmate.
ii. Pending Medical Needs. The County shall have the right to refuse to accept any
City Inmate who, at the time of presentation at the Jail for initial confinement,
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provided necessary medical, mental health, or dental treatment to the inmate.
iii. Booking restrictions. The County will maintain the right to refuse non-mandatory
City arrests for inmates who do not meet booking restrictions as established by
the Sheriff.The City shall have 72 hours to remove these inmates from the Mason
County Jail.
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(d) Inmate Property. A City Inmate's property shall be limited to the amount that can be
stored in a locker. City law enforcernent officers delivering a City Inmate to the County's
custody shall be responsible for ensuring property allowed to be transported with the
inmate is properly packaged.
9. INMATE RIGHTS AND PROGRAMS
(a) Early Release Credit and Discipline.City Inmates confined under this Agreement shall earn
early release credits under the policies and rules prescribed by the County and state law
for all inmates at the Jail.The County shall maintain and manage City Inmate disciplinary
issues and will administer sanctions as per facility rules. No discipline prohibited by
federal or state law will be permitted. The disciplinary policies and rules of the Jail will
apply equally to inmates confined pursuant to this Agreement and to those otherwise
confined. If the County finds removal of earned early release credits is appropriate, the
County will provide the City with hearing results and remove earned early release credits.
(b) Programs. The County shall provide City Inmates with access to all educational,
recreational, and social service programs offered at the Jail under the terms and
conditions applicable to all other inmates in the Jail.
10. UNUSUAL CIRCUMSTANCES
In the event of one of the following circumstances, the City's Police Chief or an on-duty Shelton
Police Department Supervisor shall be promptly notified by telephone with a follow-up
notification in writing.
(a) Escape. In the event of a City Inmate's escape from the County's custody,the County will
have the primary authority to direct the investigation and to pursue the inmate within its
jurisdiction. Costs related to the investigation and pursuit within its jurisdiction will be the
responsibility of the County. The County will not be required to pursue and return an
escaped City Inmate from outside the County, except if the County relocates an inmate
to another jurisdiction's facility outside of the County,then the County must ensure the
other jurisdiction investigates and pursues the escaped inmate.
(b) Death. In the event of a City Inmate's death in the Jail, the Sheriff's Office and the Mason
County Coroner will investigate the circumstances. In the event of a City Inmate's death
L__ J:..+:,..-.',- facility following Inrotinn by thn rnl_, 1 1 _ Cminty tY7lIGt
In another Jurisdiction's lacili y allowing relocation y .y,
ensure the other jurisdiction investigates the circumstances. The City may, if it wishes,
join in the investigation and receive copies of all records and documents in connection
with the investigation. The County shall, subject to the authority of the Mason County
Coroner,follow the written instructions of the City regarding the disposition of the body.
Such written instructions shall be provided within three (3) working days of the City's
receipt of the notice of death. The City shall be responsible for expenses related to
necessary preparation of the body and transport charges. With written consent from the
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City, the County may arrange burial and matters related or incidental thereto, and the
City shall pay such expenses. This paragraph deals with relations between the parties of
this Agreement and is not intended to relieve any relative or other person from
responsibility for the disposition of the deceased or associated expenses.
(c) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion
of the County, an imminent danger to the safety of the inmate(s), the County shall
exercise all reasonable care for the safekeeping and custody of such inmates(s) and shall
notify the City of the whereabouts of City Inmates in the event relocation was required.
11. CITY ACCESS TO FACILITY AND INMATES
(a) Access to Facility- City personnel shall have the right to inspect, at mutually agreeable
times,the Jail in order to confirm the Jail maintains standards acceptable to the City and
City Inmates are treated appropriately.
(b) Access to Inmates. City personnel, including law enforcement officers, prosecutors, and
criminal defense attorneys shall have the right to interview inmates at reasonable times
within the Jail, subject only to necessary security rules. City personnel and criminal
defense attorneys shall be afforded use of Jail interview rooms in equal priority with any
other department, including the County.
12. RECORD KEEPING
(a) Type and Form of Records. The County agrees to maintain a system of record keeping
relative to the booking and confinement of each City Inmate consistent with the record
keeping by the County for all other inmates and in accordance with all statutory
requirements. The County shall keep records of all medical, mental health, or dental
services it or its agents provides to an inmate. Upon resumption of custody by the City,
and in accordance with applicable law, the City shall receive a copy of a City Inmate's
medical, mental health, or dental records held by the County or the contract medical
provider for the County.
(b) City Access to Records. The County shall make copies of records available to the City
within five (5)days of the City's request or as otherwise agreed.In the event that a release
of records is expressly prohibited by applicable law concerning the confidentiality of
medical records(including the federal Health insurance Portability an-a'Accountability Act,
"HIPAA"),the County agrees that it will enter into a business associate agreement under
the HIPAA as necessary to implement the intent of this Agreement.
13. INDEMNIFICATION
(a) Indemnification of City.The County shall indemnify and hold harmless the City, its officers,
agents, and employees from and against all claims, actions, suits, liability, losses, costs,
Page 10 of 16
expenses, and damages of any nature whatsoever, including but not limited to costs and
reasonable attorney's fees, by reason of or arising out of any intentional or negligent act
or omission of the County, its officers, agents, or employees.
(b) Indemnification of County. The City shall indemnify and hold harmless the County, its
officers, agents, and employees from and against all claims, actions, suits, liability, losses,
costs,expenses,and damages of any nature whatsoever, including but not limited to costs
and reasonable attorney's fees, by reason of or arising out of any intentional or negligent
act or omission of the City, its officers, agents, or employees.
(c) Joint Liability.To the extent that any claims, damages, losses, and expenses are caused by
the concurrent negligence or intentional acts of either of the parties, its officers, agents,
or employees, the other party's indemnification obligation hereunder shall be limited to
that party's proportionate share of liability as determined by a court of competent
jurisdiction or as agreed to by the parties to this Agreement.
14. LEGAL STATUS
(a) No Separate Legal Entity.This Agreement is executed in accordance with the authority of
Chapter 39.34 RCW. It is notthe intention of the parties to create a new or separate legal
entity by this Agreement. This Agreement does not establish or create a joint venture or
partnership between the parties, and no party shall be responsible for the liabilities and
debts of the other party.
(b) Independent Contractor. In providing services to the City under this Agreement, the
County is an independent contractor and County officers, agents, and employees are not
employees of the City for any purpose, including responsibility for any federal or state
tax, industrial insurance, or Social Security liability. No provision of services under this
Agreement shall give rise to any claim of career service or civil service right that may
accrue to a City employee under any applicable law, rule, or regulation.
15. INSURANCE
(a) Insurance Requirement. Each party shall obtain and maintain liability coverage in
minimum liability limits of Ten Million Dollars ($10,000,000) per occurrence and Ten
Million Dollars ($10,000,000) in the aggregate for its conduct creating liability exposures
related to confinement of inmates, ;Including general liability, errnrr and nmirrinnr, aiitn
liability, and police professional liability. The insurance policy or policies shall provide
coverage for those events that occur during the term of the policy,despite when the claim
is made.
(b) Certificate of Insurance/Proof of Coverage. Each party to this Agreement agrees to
provide the other with evidence of insurance coverage in the form of a certificate or its
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equivalent frorn a solvent insurance provider confirming coverage from a solvent
insurance pool that is sufficient to address the insurance obligations set forth above,
16. EFFECTIVE DATE AND DURATION
(a) Effective Date. This Agreement shall be effective when both parties have duly executed
this Agreement. Prior to its entry into force,this Agreement must be filed with the Mason
County Auditor or, alternatively, listed by subject on the County's or the City's website or
other electronically retrievable public source. Once this Agreement becomes effective, it
shall replace and supersede any and all previous agreements between the parties
regarding use of the Jail.
(b) Duration.This Agreement shall continue through December 31, 2026, unless terminated
earlier in accordance with the provisions of this Agreement. At the end of the term, if
neither party gives notice of termination,this Agreement shall automatically renew in one
(1)year increments from January 1 through December 31. Nothing in this Agreement shall
be construed to make it necessary for the City to house inmates with the County.
17.TERMINATION
(a) Notice. Termination of this Agreement by either party may be accomplished on ninety
(90)days'written notice to the other party and to the Washington 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 prisoners.
(b) Termination by County• In the event of a notice of termination from the County, it shall
be the County's obligation to transport the City Inmates at its own expense, on the
effective date of such termination. Until such removal, the parties shall retain all rights
hereunder, notwithstanding such termination, until all City Inmates are removed or
released from the County's custody.
(c) Termination by City. In the event of a notice of termination from the City, it shall be the
City's obligation to transport the City Inmates at its own expense, on or before the
effective date of such termination. Until such removal, the City shall pay the daily rate
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compensation and costs set forth therein re -- -
additional five dollars ($5.00) per inmate for every 24-hour period or part thereof that a
City Inmate remains in the Jail; and the parties shall retain all rights hereunder,
notwithstanding such termination, until all City Inmates are removed from the Jail.
18. SEVERABILITY,SURVIVAL, AND NON-WAIVER
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(a) Severability. In the event any term or condition of this Agreement or application thereof
to any person or circumstances is held invalid by a court of competent jurisdiction, such
invalidity shall not affect other terms, conditions,or applications of this Agreement which
can be given effect without the invalid term, condition or application. To this extent and
purpose the terms and conditions of this Agreement are declared severable.
(b) Survival.The provisions of Sections 13, 18, 19, and 20 shall survive the termination of this
Agreement.
(c) Non-Waiver. No waiver of any right under this Agreement shall be effective unless made
in writing by an authorized representative of the party to be bound thereby. Failure to
insist upon full performance on any occasion shall not constitute consent to or waiver of
any continuation of nonperformance or any later nonperformance; nor does payment of
a billing or continued performance after notice of a deficiency in performance constitute
acquiescence thereto.
19. GOVERNING LAW, DISPUTE RESOLUTION,AND VENUE
(a) Governing Law. The parties hereto agree that, except where expressly provided
otherwise, the laws and administrative rules and regulations of the State of Washington
shall govern in matters relating to this Agreement and an inmate's confinement under
this Agreement.
(b) Dispute Resolution. Either party may notify the other in writing of a dispute involving the
interpretation or execution of the Agreement. Within thirty (30) days of this notice, the
parties shall meet to resolve the dispute. If the dispute is not resolved,then at the request
of either party, it shall be referred to non-binding mediation. The mediator will be
selected in the following manner:The City shall propose a mediator and the County shall
propose a mediator; in the event the mediators are not the same person, the two
proposed mediators shall select a third mediator who shall mediate the dispute.
Alternatively, the parties may agree to select a mediator through a mediation service
mutually acceptable to both parties.The parties shall share equally in the costs charged
by the mediator(s) or mediation service. If mediation is not successful in resolving the
dispute, either party may seek court action.
(c) If mediation is not successful, either party may pursue resolution of the dispute through
litigation
arbitration. Each party hall hear it.S own costs and eunPnrpr of litigation or
Illl�'dliUil VI ar4.11Uallvli. maul parry $�i n v ..L.-...-__ _.n_._._..
arbitration.
(d) Venue. The parties agree that any action relating to this agreement shall be instituted in
accordance with RCW 36.01.050 and Chapter 4.12 RCW.
20. NO THIRD-PARTY BENEFICIARIES
Page 13 of 16
This Agreement is not intended to benefit any person, entity, or municipality not a party to this
Agreement, and no other person, entity, or municipality shall be entitled to be treated as a
beneficiary of this Agreement.This Agreement is not intended to nor does it create any third-
party beneficiary or other rights in any third person or party.
21. NON-DISCRIMINATION POLICY
The County and the City agree not to discriminate in the performance of this Agreement because
of race;color;national origin;sex;sexual orientation;age; religion;creed;marital status; disabled
or Vietnam-era veteran status; the presence of any physical, mental, sensory handicap; or any
other status protected by law.
22. MAILING AND CONTACT ADDRESSES
All written notices, reports, and correspondence required or allowed by this Agreement shall be
sent to the following:
County: Mason County Jail
Attn: Chief Deputy of Corrections
P.O. Box 1037
411 North 4th Street
Shelton, Washington 98584
Facsimile: (360) 427-9197
Telephone Number: (360) 427-9670 Ext. 369
City: City of Shelton
Attn: Court Administrator/Jail Contract Administrator
525 West Cota Street
Shelton, Washington 98584
Telephone Number: (360) 426-9772 Ext.0
Page 14 of 16
BOARD OF COMMISSIONERS
MASON COUNTY, WASHINGTON
Tim Whitehead, Chief D puty Prosecuting
DATE: 2Dr 23 Attorney
CITY OF SHELTON,WASHINGTON
Sharon Trask, Chairman DATE: 9lo
vi
Raney Neatherlin,Vice-Chair Jeff Niten, Cit anager
Kevin Shutty, Commissioner Att t:
Donna Nault, City Clerk
Attest:
McKenzi Se murk of the Board
Approved as to Form and Content:
1 Kathleen Haggard, City Attorney
Appro d as to For d Content:
1
_�tt4z"'
Rep S riff
on County S eriff's Office
Page 15 of 16
Appendix A
Costs and Fees
1. Per Diem
in return for the County's housing of a City inmate,the City shall pay the county$ 130.00per
day.
2. Booking Fees
The City agrees to pay the County an additional$ 75.00 for each booking conducted by the
County where a City Inmate's stay does not exceed four(4)hours or where the City voluntarily
releases or furloughs an inmate and then reinitiates the hold on the same booking number
during the same course of incarceration as described in Section 5(c)(iv), unless the City Inmate
was previously released by the County without court authorization and is being booked on
any arrest warrant, detainer, probable cause affidavit, citation, other charging document, or
judgment and sentence existing at the time of the unauthorized release. If an offender is
being booked on charges from multiple local jurisdictions,the booking fee will be split evenly
between those jurisdictions to the extent possible. The booking fee is intended to
compensate the County for the costs of registering,fingerprinting, photographing, and initial
screening and examining of persons presented for confinement.
Page 16 of 16