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HomeMy WebLinkAboutInterlocal Agreement with City of Bremerton Jail Services - 050426 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 C,'rr of 8REMERT 9. INTERLOCAL COOPERATIVE AGREEMENT FOR JAIL SERVICES BETWEEN THE CITY OF BREMERTON, WASHINGTON AND JEFFERSON COUNTY,WASHINGTON This Agreement (defined below) is to provide Jail Services (as defined below) is entered into between the City (defined below) and the County (defined below). Both Parties (defined below) are "public agencies" as defined in RCW 39.34.020, and are authorized to enter into this Agreement by Washington's Interlocal Cooperation Act(Chapter 39.34 RCW). RECITALS WHEREAS, the City is looking for alternative sources to house inmates; WHEREAS, the City desires to contract with the County to provide Jail Services; NOW, THEREFORE, this Agreement is .entered into under the Washington Interlocal Cooperation Act (Chapter 39.34 RCW), and the Washington Mutual Aid Peace Officers Powers Act(Chapter 10.93 RCW). TERMS AND CONDITIONS Section 1 Purpose and Limitation. The City desires to contract with the County by way of Interlocal Cooperative Agreement pursuant to RCW 39.34.180 for the provision of Jail Services for the City. Nothing in this Agreement is intended to affect or alter the functions and operations of the City's Police Department. Section 2 Authority. This Agreement is based upon the authority of RCW 39.34.180(1), which provides in relevant part as follows: Each county, city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective, law enforcement agencies, whether filed under state law or local city ordinance, and must carry out these responsibilities through the use of their own 1 Docusign Envelope ID:E6AAIAFB-FA6A-86413-81E5-80A11F4ACDB2 courts, staff, and facilities, or by entering into contracts or interlocal agreements under this chapter to provide these services. Section 3 Definitions. As used in this Agreement: a. "Agreement" means this Interlocal Cooperative Agreement for Jail Services between the City of Bremerton,WA and Jefferson County,WA. b. "Bed Day" means each calendar day or portion thereof that a Bremerton Inmate is confined in the Jail. c. "Bremerton Inmate" means in Inmate being held at the Jail pursuant to the terms and conditions of this Agreement. d. "City" means the City of Bremerton, Washington, a political subdivision of the State of Washington, whose physical address is 345 6th Street, Suite 100, Bremerton,WA 98337. e. "County" means Jefferson County, Washington, a political subdivision of the State of Washington,whose physical address is 1820 Jefferson Street,Port Townsend,WA 98368 and whose mailing address is P.O. Box 1220, Port Townsend, WA 98368. f. "County Inmate" means an Inmate confined in the Jail as a result of an either an arrest in Jefferson County of the City of Port Townsend or by a court order requiring confinement of the Inmate in the Jail. g. "Daily Per-Inmate Rate"means the daily per-Inmate rate in Section 7.a. h. "Effective date"means the date that the last Party signs this Agreement. i. `Inmate"refers to any person who is being housed at the Jail. j. "Jail" means the Jefferson County Jail, located at 81 Elkins Rd, Port Hadlock-Irondale, WA 98339. k. "Jail Services" means all jail services at the same level of service for a Bremerton Inmate as for a County Inmate.Jail Services provided for County Inmates include,but are not limited to, confinement,room,board,medical and other services,record keeping,defendant management services, including Jail and special arrangements such as deferral programs and monitored release from Jail using SCRAM-bracelets and similar devices. 1. "Parties"means the City and the County collectively. m. "Party"means one of the Parties. n. "Section"means a section of this Agreement,unless otherwise specified in this Agreement. o. "Or"means or and and/or. 2 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 Section 4 Term of Agreement. This Agreement shall have a term commencing on the Effective Date and terminating January 1, 2029,unless either Party initiates termination of this Agreement as provided in Section 12. Section 5 County's Obligations. a. Provide Jail Services. The County shall provide Jail Services for Bremerton Inmates during the term of this Agreement in the same manner and to the same extent as the County furnishes those services for County Inmates held in the Jail. b. Maintain Adequate Staff and Budget. The County shall maintain adequate staff and budget to fully and competently perform all the services, duties, and obligations undertaken by the County in this Agreement for the duration of this Agreement. c. Make Jail Facilities Available for Bremerton Inmates. The County shall Make Jail facilities available and furnished for booking and holding Bremerton Inmates held upon arrest,awaiting trial,and serving court-imposed confinement terms pursuant to the terms and conditions of this Agreement. d. Interviews of Bremerton Inmates at the Jail. All City police officers and investigators shall have the right to interview the Bremerton Inmates at any reasonable time inside the confines of the Jail, subject only to necessary security rules. Interview space shall be made available to City police officers in equal priority with those of any other department,including the Jefferson County Sheriff's Department. Section 6 City's Obligations. a. Transportation of Bremerton Inmates. The City shall provide all transport to Bremerton Inmates to and from the Jail, except as needed for medical treatment for a life-threatening condition. b. Required Payments for Bremerton Inmates. The City shall pay the Daily Per-Inmate Rate incurred during a Bremerton Inmates confinement at the Jail, plus any outside medical expenses, prescription medication expenses or transportation expenses for medical treatment for a life-threatening condition by a Bremerton Inmate. All outside medical care and prescriptions shall be billed on a per Inmate basis directly to the City. Section 7 Interlocal Cooperation Act Topics Addressed. RCW 39.34.030 requires that certain topics be addressed in an interlocal agreement. To the extent not covered above these required topics are discussed in this section. a. No Joint Administration or Joint Board. This Agreement will be administered by each Party for their own part. This Agreement does not create any separate legal or administrative entity. Further, the Parties understand and agree there will be communication between the Parties to effectuate the terms of this Agreement. No provision is made for a joint board to administer this Agreement. 3 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 b. No Joint Budget. This Agreement does not contemplate a joint budget. c. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the Parties. At termination, each Party will remain the sole owner of its own property. Section 8 Compensation and Billing. a. Initial Daily Per-Inmate Rate.The City shall pay a daily per-inmate fee for all Jail Services for Bremerton Inmates at the rate of $125 per Bed Day for each Bremerton Inmate through December 31, 2026. b. Request for Increases from the Initial Daily Per-Inmate Rate. On or before September 30th of each year this Agreement is in effect, the County may propose an increase in the Daily Per- Inmate Rate for the following annual period to compensate the County for increasing costs associated with staff salaries, employee benefits, facilities maintenance or upgrades, and other rising expenditures associated with the provision of Jail Services. Thereafter,the Parties shall attempt to negotiate an agreed upon Daily Per-Inmate Rate, which the Parties agree any increase shall be limited to a maximum of the rate of the annual Seattle-Tacoma-Bellevue CPI- W published in June of each year. To be effective,changes in the Daily Per-Inmate Rate shall be in writing only and shall be approved mutually by the Bremerton Police Chief and the Jefferson County Sheriff,upon authority granted by each Parry's legislative authority. c. Billing for Jail Services. The County shall bill the City monthly for Jail Services, and the City shall pay all invoices for Jail Services within 30 days of receipt of each invoice. Invoices shall be mailed to: City of Bremerton 345 6th Street Suite 100, Bremerton,WA 98337 All payments shall be mailed to: Jefferson County Sheriff's Office 79 Elkins Road, Port HadLock, WA 98339 Section 9 Medical Care and Prescriptions. a. Financial Responsibility. The City shall be solely responsible for all medical, mental health, and dental costs for all Bremerton Inmates. b. Outside Medical Care. The City shall be solely responsible for all costs associated with health care services provided by entities other than the Jail's internal providers,including emergency room visits and hospitalizations. c. Prescriptions. The City shall be solely responsible for all costs of all medications and prescriptions required by any Bremerton Inmate. 4 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 d. Notification. The Jail shall notify the City prior to providing outside medical care, except in life-threatening emergencies where notification shall occur as soon as practicable. Section 10 Transportation of Bremerton Inmates. a. Responsibility for Transportation of Bremerton Inmates. The City shall be responsible for transportation of all Bremerton Inmates to and from the Jail, including the cost and responsibility for any necessary law enforcement officers or security guards. b. Medical Transport. If a Bremerton Inmate requires transport to an outside medical facility,the City shall bear the cost and responsibility for such transport, including the cost and responsibility for any necessary law enforcement officers or security guards. c. Court Appearances. The City shall-be responsible to transport Bremerton Inmates for any required court appearances and return them to the Jail,including the cost and responsibility for any necessary law enforcement officers or security guards. Section 11 Capacity and Admission to Jail. a. Capacity Clause. The Jail shall house Bremerton Inmates subject to daily bed availability and the operational capacity of the Jail. b. Right of Refusal. The Jail administrator retains the right to refuse or return Bremerton Inmates if the Jail exceeds maximum capacity or if the Bremerton Inmate's medical condition requires care the Jail cannot provide. c. Priority. During periods of overcrowding, the Jail may prioritize housing for County Inmates and notify the City to transport Bremerton Inmates to another facility. Section 12 Termination. a. 90-Day Termination. Either Party may terminate this Agreement for any reason by providing at least 90 days' written notice to the other Party. b. Coordination upon Termination. In the event of termination, the Parties shall coordinate the removal and transport of all Bremerton Inmates prior to the effective termination date. Section 13 Maintenance of Records. The County shall maintain adequate records to support billings for those services set forth in this Agreement. Said records shall be maintained for a period of six(6)years after completion of this Agreement. The City or any of its duly authorized representatives shall have access at any time during regular business hours, to any books, documents, papers, or records of the County that are directly related to this Agreement for the purposes of audit examinations,excerpts, or transcripts. 5 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 Section 14 Amendment. Provisions within this Agreement may be amended with the mutual consent of the Parties.No additions to, or alteration of the terms of this Agreement shall be valid unless made in writing, formally approved, and executed by duly authorized agents of both Parties. Section 15 No Waiver. No waiver by either Party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or a different provision of this Agreement unless stated to be such through written approval by the County,which shall be attached to this Agreement. Section 16 Non-Discrimination The County and the City certify that they are Equal Opportunity Employers. Section 17 No Third-Party Beneficiary. The County does not intend by this Agreement to assume any contractual obligations to anyone other than the City and the City does not intend by this Agreement to assume any contractual obligations to anyone other than the County. The County and the City do not intend that there be any third-party beneficiary to this Agreement. Section 18 Non-Exclusivity. The County and the City agree that this Agreement is non-exclusive and that the City may employ or contract for additional or alternative Jail Services during the term of this Agreement. Section 19 Indemnification. a. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of the Cities ordinances, rules, regulations, resolutions, customs, polices or practices. If any cause, claim , suit, action or administrative proceeding is - commenced in which the enforceability or validity of any such ordinance, rule, regulation, resolution, custom,policy or practice is at issue,then the City shall defend the same at its sole expense, and if judgment specifically attributable to such City provisions is entered and damages are awarded against the City, the County, or both,then the City shall entirely satisfy the same,including all chargeable costs and reasonable attorney's fees and costs.To the extent permitted by law,the City shall defend, indemnify and hold harmless the County, its officers, employees and agents from any and all costs, including reasonable attorney fees, claims, judgments, or awards of damages, resulting from the breach of this Agreement, acts or omission of the City, its officers, employees or agents arising out of or in connection with the performance of this Agreement except for injuries,damages,judgments caused by the sole negligence of the County. 6 Docusign Envelope ID:E6AA1AF8-FA6A-864E-81 E5-80A11 F4ACDB2 b. In executing this Agreement,The City does not assume liability or responsibility for or in way release the County from any liability or responsibility which arises in whole or in part from the existence or effect of any ordinance, rules, regulations, resolutions, customs, policies, or practices of the County. If any cause,claim, suit, action, or administrative proceeding is commenced in which the enforceability or validity of any such ordinance, rule, regulation, resolution, custom, policy, or practice of the County is at issue, the County shall defend the same at its sole expense, and if judgment is entered and damages are awarded against the County, the City, or both, the County shall entirely satisfy the same, including all chargeable costs and reasonable attorney's fees and costs.To the extent permitted by law,the County shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from any and all costs, including reasonable attorney fees, claims, judgments, or awards or damages, resulting from the breach of this Agreement, acts or omissions of the County, its officers, employees, or agents arising out of or in connection with the performance of this Agreement except for injuries, damages and judgments caused by the sole negligence of the City. Section 20 Immunity. a. The County and the City with respect to each other only waive and shall not assert against each other, any immunity under title 51 RCW(Industrial Insurance). b. This waiver does not extend to the employees of either Party. c. The County and the City expressly do not waive their immunity against claims brought by their own employees. d. This waiver has been expressly and mutually negotiated. It is further provided that no liability shall attach to either Party by reason of entering into this Agreement, except as expressly provided herein. e. If the claim, suit or action for injuries, death or damages as provided for in the proceeding paragraphs of this Agreement is caused by or results from the concurrent negligence of(a)the indemnitee or the iridemnitee's agents,elected officials,employees,officers,or volunteers and (b) the indemnitor or the indemnitor's agents, elected officials, employees, officers, or volunteers, the indemnity provisions provided for in these paragraphs shall be valid and enforceable only to the extent of the indemnitor's negligence. Section 21 Liability Coverage Under a Joint Self-Insurance Program. a. County Coverage. The County represents and warrants that it is a member of a joint self- insurance program,the Washington Counties Risk Pool (WCRP), created pursuant to chapter 48.62 RCW and shall maintain sufficient third-party liability coverage for all purposes of this Agreement. b. City Coverage.The City represents and warrants that it is a member of a joint self-insurance program,the Washington City Insurance Authority(WCIA), created pursuant to chapter 48.62 RCW and shall maintain sufficient third-party liability coverage for all purposes of this Agreement. 7 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 c. Limitation on Recoveries by a Party's Risk Pool Against the Other Party Payments of Third- Party Liability Claims. Any coverage for third-party liability claims provided by Party's joint self-insurance program created pursuant to chapter 48.62 RCW or its insurance company shall have no right of recovery or subrogation against another Party(including its employees, elected officials, officers, and volunteers),it being the intention of the Parties that the liability coverage, so affected shall protect all Parties and be primary coverage for all losses covered by the liability coverage for each Party. Section 22 The County is an Independent Contractor. The County is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the City and the County or any of the County's agents or employees. The County shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of Jail Services by the County pursuant to this Agreement. Section 23 Dispute Resolution. a. Any dispute concerning the implementation of this Agreement shall be first directed to the City Police Supervisor and the designated Sheriffs Corrections Supervisor. If the dispute is not resolved between those persons, then it shall then be referred to the City Council and Sheriff, who shall meet to resolve such dispute. b. Disputes relating to the implementation of this Agreement may not be resolved in any Court or by Administrative procedure. Termination shall be the sole remedy. Section 24 Severability. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. Section 25 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties. Section 26 Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect,or be of any weight in the interpretation or construction of the sections or this Agreement. 8 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 Section 27 Limits of Any Waiver of Default. No consent by either Party to, or waiver of, a breach by either Party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either Party. Section 28 Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. Section 29 Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. Section 30 Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. Section 31 Public Records Act Compliance. Each Party shall be responsible for its own compliance with the Washington Public Records Act, Chapter 42.56 RCW(as may be amended). This Agreement, once executed, shall be a"public record" subject to production to a third-party if it is requested under the chapter 42.56 RCW. Section 32 Reference to Sections in this Agreement. Any reference to a section in this Agreement is a reference to a section of this Agreement, unless clearly stated to the contrary. Section 33 Notices. All notices or other communications which any Party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail,prepaid to the Party at the address listed below or such other address as a Party may designate in writing from time to time. 9 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 Notices to the City shall be sent to the following address: Chief of Police or Designee Bremerton Police Department 1025 Burwell,Street Bremerton, WA 98337 Notices to the County shall be sent to the following address: Jefferson County Risk Management P.O. Box 1220 Port Townsend, WA 98368 Section 34 Representations and Warranties. The parties represent and warrant that: a. Each person signing this Agreement is fully authorized to enter into this Agreement on behalf of the Party for whom their signature is being made; b. Each Party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; c. The making and performance of this Agreement shall violate no provision of law; d. Each Party has taken all necessary corporate and internal legal actions to duly approve the making and performance of this Agreement and that no further corporate or other internal approval is necessary; and, e. Each person signing this Agreement has read this Agreement in its entirety, know the contents of this Agreement, agrees that the terms and conditions are contractual and not merely recitals, and agrees that they have signed this Agreement, having obtained the advice of legal counsel. (SIGNATURES FOLLOW ON THE NEXT PAGE) 10 Docusign Envelope ID:E6AA1AF8-FA6A-864B-81E5-80A11F4ACDB2 IN WITNESS WHEREOF,the Parties execute this Agreement. JEFFERSON COUNTY,WASHINGTON CITY OF BREMERTON,WASHINGTON BOARD OF COUNTY COMMISSIONERS _. 111, _ - Signed by. �l.a_ Ii11� /9f•ZI 4i27i2026 _ BJ��,A�` �-:. By: B leer reg . otherton, ATE Greg S ee�er, DATE C 'r Mayor ..\9: • V4i B : /-gp y Heidi Eisenhour, DATE Commi l ioner By: y 4 at udley-Nollette, DATE SHERIFF POLICE DEPARTMENT DeeuSigned by: By: Y?7 mil By:E. 61O11I- 4/27/2026 An Pemsteiner, DATE Tom"roire,64 t‘ DATE Jefferson County Sherig; te,,"w84„ Chief of Police SEAL. o` ;GpM I MSSiO C'C ATTEST: :/-:(;';i1(‘...49..,,P:11:S;14.4:H.:1 0��,;I:I%t L( i 5j ty z& Caroly alloway, CMC t, DAT Clerk o the Board Approved as to form only: oSigned by: Ora F 04/29/2026 L . Part 4/24/2026 -. CCOC90010040Y.., Jere®ah B. uther DATE Kylie J. Finnell DATE Deputy Prosecuting Attorney City Attorney 11 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Sheriff Andy Pernsteiner DATE: 6ty (.6 -2,62_C7 SUBJECT: ILA with City of Bremerton for Jail services STATEMENT OF ISSUE: Bremerton is looking for a more effective alternative for housing inmates and the Jefferson County Jail is at 1/3 capacity and wishes to rent jail space. ANALYSIS: This is a source of revenue for Jefferson County by renting out bed space in our local jail. FISCAL IMPACT: This would have a positive impact on our budget, since it will bring in an additional $45,000 per year to house one inmate for 365 days. Our goal is to house up to 20 additional inmates. RECOMMENDATION: Recommend to approve this ILA REVIEWED BY: S S ( 9t Josh '-ters,County Administrator Da e CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: City of Bremerton Contract No: JCSO jail 1 Contract For: Jail Services Term: until January 1, 2029 COUNTY DEPARTMENT: Sheriffs Office Contact Person: Andy Pernsteiner Contact Phone: (360)344-9760 Contact email: apernsteiner@co.jefferson.wa.us - AMOUNT: $45000(per person) PROCESS: _ Exempt from Bid Process Revenue: $45000 per person Cooperative Purchase. Expenditure: - Competitive Sealed Bid Matching Funds Required: - Small Works Roster Sources(s)of Matching Funds _ Vendor List Bid Fund# RFP or RFQ Munis Org/Obj I Other: ILA APPROVAL STEPS: STEP 1:DEPARTMENT CERTIFIES COMPLIAN TH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑� N/A: '2 7 2 ai l Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: in y2�2es6 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 4/29/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): • Electronically approved as to form by PAO on 4/29/2026. DPA Luther reviewed and approved on 4/29/2026 STEP 5: .DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL