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HomeMy WebLinkAboutR-1999-152 Interlocal Jail Agreement with City of ToppenishJ RESOLUTION NO. R-99-152 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an "Interlocal Jail Agreement" with the City of Toppenish for the provision of jail detention services during 2000 and 2001. WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City of Yakima and the City of Toppenish to enter into a contract for jail services that specifies the responsibilities of each party; and WHEREAS, Yakima, through its Police Department, desires to utilize the jail facilities maintained by the Toppenish for the detention of some Yakima prisoners, and to reasonably compensate the Toppenish for the care and custody of said prisoners; and WHEREAS, Toppenish is willing to make its jail facilities available to Yakima for the detention of some Yakima prisoners in accordance with terms and conditions of the attached Interlocal Jail Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the City of Toppenish for jail detention services in accordance with the terms and conditions of the attached Interlocal Jail Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Interlocal Jail Agreement" with the City of Toppenish for the provision of jail detention services during 2000 and 2001. ADOPTED BY THE CITY COUNCIL this 7th day of . December, 1999 . John Puccinelli, Mayor ATTEST: City Clerk (Ik)res/toppensh jail contract/pm _ Gw, C INTERLOCAL JAIL AGREEMENT THIS INTERLOCAL JAIL AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima (hereinafter "Yakima"), and the City of Toppenish (hereinafter "Toppenish"). I. RECITALS WHEREAS, it is the desire and intent of Yakima, through its police departnent, to utilize the jail facilities maintained by Toppenish, and to compensate Toppenish therefor, pursuant to the terms of this Agreement, for the care and custody of jail prisoners of Yakima arrested and/or detained for a violation of the Yakima Municipal Code and adopted portion of the Revised Code of Washington. WHEREAS, in accordance with the terms and conditions herein, and where it is not an undue burden, Toppenish desires to make its jail facilities available for Yakima through the Yakima Police Department, to provide for the care and custody of prisoners who were arrested and/or detained for a violation of the Yakima Municipal Code and adopted portions of the Revised Code of Washington. WHEREAS, this Agreement is entered into by and between the parties pursuant to Chapters 39.34 and 70.48 of the Revised Code of Washington, which provide for interlocal agreements for hiring and sharing of correction/detention facilities between local governments. II. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein, the parties mutually agree as follows: 1. Term. The term of this Agreement shall commence on January 1, 2000, and terminate on midnight December 31, 2001, unless sooner terminated by either party in accordance with Section 15 of this Agreement. 2. Incarceration. Provided that there is available jai/ detention facility space, Toppenish shall accept and incarcerate Yakima prisoners that are eighteen (18) years and older, and who were arrested and/or detained by Yakima police officers for a violation of the Yakima Municipal Code and adopted portions of the Revised Code of Washington, for a period of up to ninety (90) consecutive days per prisoner. Toppenish shall feed and otherwise generally care for such prisoners in the same manner as its own prisoners and in the same manner consistent with rules governing its jail. A copy of the Toppenish jail rules is attached hereto and incorporated by this reference. Prisoners held by Toppenish pursuant to this Agreement may be accepted by Toppenish jail in its work release program or its day detention program, and Toppenish shall care for those prisoners in the same manner as its own prisoners and in a manner Page - 1 (Ik)agree/toppenish jail contract 2000/pm consistent with the rules governing work release and day detention inmates, provided the jail has available space in such programs. Prisoners must pay $12 per day for participation in the work release program, and $20 per day for participation in the day detention program, which must be paid in advance to Toppenish by the prisoner. Yakima shall not be responsible in any way for the costs of prisoner participation in said programs. 3. Compensation. Yakima agrees to pay Toppenish each month the sum of thirty- five dollars ($35.00) per day, or any portion thereof, for each Yakima prisoner incarcerated in Toppenish jail facilities pursuant to the terms of this Agreement; provided, however, that Yakima shall not be obligated to pay Toppenish for the last day of incarceration. 4. Clothing and Bedding. Toppenish agrees to provide each Yakima prisoner with necessary or appropriate coveralls or civilian clothing and to provide each such prisoner with a booking kit. 5. Booking Procedure. Yakima prisoners shall be booked by Yakima according to the procedures and policies of the Toppenish Police Department. The personal property of prisoners delivered by Yakima shall be held and handled by Toppenish in the same mariner as its own prisoners. 6. Prisoner Delivery and Notification. Yakima shall be responsible for delivering its prisoners to the custody of the Toppenish Police Department. Toppenish will not accept for custody any prisoner who appears to be sick or injured until he/she has received proper medical attention, which shall be the responsibility of Yakima. Yakima shall provide Toppenish with a copy of the court commitment order when a prisoner is delivered to the Toppenish jail. Said order shall state the amount of time the prisoner shall serve in jail and when the prisoner is to be released. Toppenish will not accept for custody any prisoner from Yakima who is not accompanied by such a commitment order. The commitment time shall commence when the prisoner is booked into the Toppenish jail. 7. Court Appearances. Yakima shall be responsible for arranging court appearances for its prisoners and shall, whenever necessary for court appearances, arrange to take custody of such prisoners at the facility where incarcerated and return such prisoners to the Toppenish jail if appropriate. 8. Bail or Fine. Toppenish shall not accept bail, fines, or other monies for Yakima. Toppenish shall notify the Yakima Municipal Court Clerk or the Yakima Police Department of any request to post such monies. 9. Medical Treatment. Toppenish shall provide and furnish minor medical care, attention, and treatment to prisoners in custody pursuant to this Agreement to the same degree provided within the jail facility to its own prisoners. All medical and dental expenses, including emergency and non -emergency medical and dental expenses, to the extent such expenses are not paid by another governmental agency or other source, shall Page -2 (Ik)agree/toppenishjail contract 2000/pm be paid by Yakima; provided, however, that Toppenish shall pay for any medical expenses that are directly caused by the negligence of its officers and/or agents. Toppenish shall notify the Yakima Police Department by whatever communications system available (telephone, radio, etc.) if a Yakima prisoner requires emergency medical or dental treatment. Toppenish shall immediately transport the prisoner to an appropriate health care facility for emergency medical or dental treatment. Yakima shall reimburse Toppenish for such transportation costs. Toppenish shall immediately notify the Yakima Police Department in writing if a Yakima prisoner requires non -emergency medical or dental treatment at a medical, dental, or other health care facility. Non -emergency medical or dental care will be provided only by or with the consent of Yakima. Yakima shall transport the prisoner to an appropriate health care facility for non -emergency medical or dental treatment. "Immediate notification" shall mean notification as soon as reasonably possible. 10. Liability. a. Toppenish agrees to hold harmless, indemnify, and defend Yakima, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to alleged mistreatment, injury, or death to any prisoner, or loss or damage to prisoner property while in Toppenish custody) which result from or arise out of the sole negligence of Toppenish, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. b. Yakima agrees to hold harmless, indemnify, and defend Toppenish, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to a claim of false arrest or detention) which result from or arise out of the sole negligence of Yakima, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. c. In the event that the officials, officers, agents, and/or employees of both Toppenish and Yakima are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 11. No Insurance. It is understood Yakima does not maintain liability insurance for Toppenish and/or its employees. Page - 3 (lk)agree/toppemsh buil contract 2000/pm 12. Uniform Alcoholism Treatment. Neither party shall be responsible to the other for those individuals taken into protective custody by a party in accordance with RCW Chapter 70.96 A, Uniform Alcoholism and Intoxication Treatment. 13. Trustee Status. Any Yakima prisoner held in custody by Toppenish and selected to be a trustee shall be subject to the Yakima guidelines established for trustees and shall not receive credit against his/her sentence for time served as a trustee. 14. Implementation. The chief officer of the Yakima Police Department and of the Toppenish Police Department shall be jointly responsible for implementation and proper administration of this Agreement, and shall refer problems of implementation to the governing body of Yakima and Toppenish for resolution as necessary. 15. Termination. Either party pay terminate this Agreement, with or without cause, by providing the other party with thirty (30) days written notice of termination. 16. Nondiscrimination Provision. During the performance of this Agreement, Yakima and Toppenish shall not discriminate on the basis of race, age, color, sex, religion, national original, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 17. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Toppenish to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Toppenish as stated herein. 18. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 19. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 20. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no Page -4 (1k)agree/toppenish jail contract 2000/pm amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 21. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: TO TOPPENISH Police Chief 200 South Third Street Yakima, WA 98901 Police Chief 1 West First Ave. Toppenish, WA 98948 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. • 23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 24. Resolution. The City Council of each party shall adopt a resolution authorizing execution of this Agreement. 25. Filing with County Auditor. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. CITY OF YAKIMA CITY OF TOPPENISH R. A. Zais, Jr., :e-ity Manager Date: ATTEST: mes S. `'.uthworth, City Manager , Date: 12/14/99 ATTEST: City Clerk Contract No. • • _ "h rw GI Resolution No. R-99-152 Page - 5 (1k)agree/toppenish jail contract 2000/pm Clerk -Treasurer ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /0 .A, 6JC D -, For Meeting of IA /i/99 Consideration of a Resolution Extending the Interlocal Jail Agreements Between the City of Yakima and Yakima County, and the Cities of Wapato, Toppenish and Sunnyside SUBMITTED BY: Don Blesio, Chief of Police Paul McMurray, Asst. City Attorney CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 Captain Doug Bronson - 575-6199 SUMMARY EXPLANATION: Attached are resolutions authorizing the execution of four separate Interlocal Jail Agreements between the City of Yakima and Yakima County and the Cities of Wapato, Toppenish and Sunnyside. These are renewals of previously executed agreements which expire on December 31, 1999. The agreements with Wapato, Toppenish and Sunnyside provide no increase in the $35.00 per -day cost for housing City of Yakima prisoners, and no other changes. The agreement with Yakima County provides for a decrease from $44.95 to $43.54 per day for incarceration; a decrease of $0.36 per day for pretrial supervision; a decrease of $0.43 per day for work - ethic detention, and an increase of $1.76 per hour for inmate work crew supervision. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL:°��. -City Manager STAFF RECOMMENDATION: It is recommended the Council adopt the resolutions authorizing execution of these agreements. BOARD/COMMISSION RECOMMENDATION: A. YAKIMA COUNTY: Resolution adopted. RESOLUTION NO. R-99-150 B. WAPATO: Resolution adopted. RESOLUTION NO. R-99-151 C. TOPPENISH: Resolution adopted. RESOLUTION NO. R-99-152 D. SUNNYSIDE: Resolution adopted. RESOLUTION NO. R-99-153 COUNCIL ACTION: