HomeMy WebLinkAboutR-1999-153 Interlocal Jail Agreement with City of SunnysideRESOLUTION NO. R-99- 153
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an "Interlocal Jail Agreement" with the City of Sunnyside 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 Sunnyside to enter into a contract for jail services that specifies the responsibilities of
each party; and
WHEREAS, Yakima, through its Police Department, desiresto utilize the jail facilities
maintained by Sunnyside for the detention of some Yakima prisoners, and to reasonably
compensate Sunnyside for the care and custody of said prisoners; and
WHEREAS, Sunnyside 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 Sunnyside 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 Sunnyside for the
provision of jail detention services during 2000 and 2001.
ADOPTED BY THE CITY COUNCIL this 7th day of December, 1999.
ATTEST:
City Clerk
(1k)res/sonnyside jail contract/pm
John Puccinelli, Mayor
INTERLOCAL JAIL AGREEMENT ,
THIS INTERLOCAL JAIL AGREEMENT (hereinafter "Agreement") is made and
entered into by and between the City of Yakima, a municipal corporation (hereinafter
"Yakima"), and the City of Sunnyside, a municipal corporation (hereinafter
"Sunnyside").
WHEREAS, it is the desire and intent of Yakima, through its police department,
to utilize the jail facilities maintained by Sunnyside, and to compensate Sunnyside
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 the 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, Sunnyside 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.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises herein, the parties mutually agree as follows:
T. Term of Agreement.
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 13 of this Agreement.
2. Incarceration.
Provided that there is available jail/detention facility space, Sunnyside shall
accept and incarcerate male and female prisoners of Yakima that are eighteen (18) years
and older. Sunnyside 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 operation of its jail.
Prisoners held by Sunnyside pursuant to this Agreement may be accepted by
Sunnyside jail in its work release program, and Sunnyside shall care for those prisoners
in the same manner as its own prisoners and in a manner consistent with the rules
governing the operation of its work release program, provided there is available space
in such programs. Payment for participation in the work release program shall be the
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responsibility of the respective prisoner. Yakima shall not be responsible in any way for
the costs of prisoner participation in said programs.
3. Compensation.
Yakima agrees to pay Sunnyside the sum of thirty-five dollars ($35.00) per day,
or any portion thereof, for each Yakima prisoner incarcerated in Sunnyside jail facilities
pursuant to the terms of this Agreement; provided, however, prisoners held three (3)
calendar days or longer shall not have the day of their release billed to Yakima.
Sunnyside shall, by the fifteenth (15) day of each month, send to Yakima a
statement of costs incurred in the preceding month. Yakima shall pay Sunnyside within
thirty (30) calendar days of receipt of each such bill.
4. Prisoner Delivery and Notification.
Yakima shall be responsible for delivering its prisoners to the custody of the
Sunnyside Police Department and for notifying Sunnyside of the date and time that any
prisoner is to be released. Sunnyside will not accept for booking any prisoner who
appears to be sick or injured until he/she has received proper medical attention.
5. Booking Procedure.
Male and female prisoners will be booked by the arresting Yakima Police Officer
according to the procedures and policies of the Sunnyside Police Department by
completing for each such prisoner an appropriate booking sheet with a copy to be
provided to the arresting police officer. The personal property of prisoners delivered by
Yakima shall be held and handled by Sunnyside in the same manner as those of its own
prisoners.
6. 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 Sunnyside
jail if appropriate.
7. Bail or Fine.
Sunnyside shall accept bail, fines, or other monies for Yakima for those prisoners
held in the Sunnyside Law and Justice Center Jail Facility. Moneys so collected will be
turned over to Yakima on a timely basis, but no later than forty-five (45) calendar days
after collection.
8. Medical Treatment.
Sunnyside 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,
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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 be
paid by Yakima; provided, however, that Sunnyside shall pay for any medical expenses
that are directly caused by the negligence of its officers and/or agents. For the purposes
of determining responsibility for medical treatment, the provisions of RCW 70.48.130
shall control, notwithstanding any other provisions hereof.
Sunnyside shall take reasonable steps to notify the Yakima Police Department in
the event that a Yakima prisoner requires emergency medical or dental treatment.
Sunnyside shall immediately transport the prisoner to an appropriate health care facility
for emergency medical or dental treatment. Sunnyside shall also promptly notify the
Yakima Police Department of the emergency medical treatment provided and the costs
thereof.
Sunnyside shall immediately notify the Yakima Police Depar.ment 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.
9. Liability.
a. Sunnyside 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
Sunnyside custody) which result from or arise out of the sole negligence of Sunnyside,
its 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 Sunnyside, its
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
Sunnyside 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.
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10. No Insurance.
It is understood Yakima does not maintain liability insurance for Sunnyside
and/or its employees.
11. 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.
12. Implementation.
The chief officer of the Yakima Police Department and of the Sunnyside 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 Sunnyside for resolution as necessary.
13. Termination.
Either party may terminate this Agreement, with or without cause, by providing
the other party with thirty (30) days written notice of termination.
14. Nondiscrimination Provision.
During the performance of this Agreement, Yakima and Sunnyside 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.
15. Property.
It is not anticipated that any real or personal property will be jointly acquired or
purchased by the parties solely because of this Agreement.
16. No Third -Person Benefits.
This Agreement is solely for the benefit of the parties hereto, and creates no
rights and/or benefits of any type in any third parties.
17. Assignment.
This Agreement, or any interest herein, or claim hereunder, shall not be assigned
or transferred in whole or in part by Sunnyside 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 Sunnyside as stated herein.
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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. Modification.
Modification of this Agreement may be accomplished by written agreement
between Sunnyside and Yakima and no oral understandings or agreements shall suffice
to alter the terms and conditions of this Agreement.
21. 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 amendment or modification of
this Agreement shall be effective unless reduced to writing and executed by the parties.
22. 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:
Police Chief
200 South Third Street
Yakima, WA 98901
TO SUNNYSIDE Police Chief
401 Homer Street
Sunnyside, WA 98944
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.
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23. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
24. Venue.
The venue fox, any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
25. Resolution.
The City Council of each party shall adopt a resolution authorizing execution of
this Agreement, and shall deliver the other party a copy of the same.
26. 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 SUNNYSIDE
R. A. Zais, Jr., i Manager Mark Kunkler, ity Manager
. Date: ��-��
Date: 1.2 ^ 2(%
Contract No. 99-128
R-99-153
Resolution No.
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /0 , 6,C '
For Meeting of t /1l 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
COUNCIL ACTION: 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