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HomeMy WebLinkAboutR-2001-159 Yakima County Corrections/Detention AgreementRESOLUTION NO. R-2001- 159 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Corrections/Detention Agreement with Yakima County for the provision of jail detention services during 2002. WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the city of Yakima and Yakima County to enter into a contract for jail services that specifies the responsibilities of each party; and WHEREAS, under said statutes the County has been providing jail detention services to the City for many years pursuant to previous jail detention services contracts; and WHEREAS, the current jail detention service contract shall expire at midnight, December 31, 2001; and WHEREAS, the County desires to continue providing the City with jail detention services during 2002; and WHEREAS, the City, through its Police Department, desires to continue to utilize the jail facilities maintained by the County for the detention of some City prisoners, and to reasonably compensate the County for the care and custody of said prisoners; and WHEREAS, the County, through its Department of Corrections, is willing to continue to make its jail facilities available to the City for the detention of some City prisoners in accordance with terms and conditions of the attached Interlocal Corrections/Detention Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Yakima County for jail detention services in accordance with the terms and conditions of the attached Interlocal Corrections/ Detention 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 Corrections/Detention Agreement with Yakima County for the provision of jail detention services during 2002. ADOPTED BY THE CITY COUNCIL this 20th day of November , 2001. ATTEST: - City Clerk „e; -"ke try Place, Mayor INTERLOCAL CORRECTIONS/DETENTION AGREEMENT THIS INTERLOCAL CORRECTIONS/DETENTION AGREEMENT (hereinafter "Agreement") is made and entered into by and between Yakima County (hereinafter the "County") and the City of Yakima (hereinafter the "City"). WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to enter into a contract for jail services that specifies the responsibilities of each party. WHEREAS, the City, through its Police Department, City Manager, or Mayor desires to continue to utilize the jail facilities maintained by the County for the detention of some City prisoners, and to reasonably compensate the County for the care and custody of said prisoners. WHEREAS, the County, through its Department of Corrections, desires to continue to make its jail facilities available to the City for the detention of some City prisoners. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. It is the purpose and intent of this Agreement that the County, through the Department of Corrections, and the City, through its Police Department, City Manager, or Mayor shall cooperate for the care and custody of male and female jail prisoners pursuant to the authority of Chapters 39.34, 70.48 and 39.34.180 of the Revised Code of Washington. This Agreement is intended to apply to those instances in which it is desirable that a person arrested for a misdemeanor or gross misdemeanor referred from their respective jurisdiction, whether filed under State law or City ordinance, be held under the control and/or custody of the Yakima County Department of Corrections. 2. Incarceration. The County shall accept and incarcerate male and female prisoners of the City and shall feed and otherwise generally care for those prisoners in the same manner as its own prisoners and in a manner consistent with rules governing its jail, provided that it has available space in its jail. 3. Computation of Fees. The Director of the Department of Corrections and the City Police Chief, City Manager or Mayor shall meet by August of each year to estimate the fees for the following year. This fee will be established by determining the fixed and variable costs of the forthcoming budget along with the number of beds available and the estimated average prisoner days; provided, however, that this fee estimation shall not be considered a renewal of this Agreement. Interlocal Jail Agreement 1 (1k)agree-county jail contract rev 5 clean -pm 4. Charges and Other Services. 4.1. Daily Rate for Incarceration. The City shall pay the County a daily rate for each day or partial day for each prisoner that is incarcerated in the Yakima County Jail for violation or alleged violation of a misdemeanor or gross misdemeanor referred from their respective jurisdiction, whether filed under State law or City ordinance; provided, however, that the City will not be obligated to pay the County for the last day of incarceration unless the first and last days are the same; and provided further that the City shall not be obligated to pay for incarceration of prisoners charged with any offense initially filed by the prosecuting attorney as a felony offense or an attempt to commit a felony offense. The daily rate for the duration of this Agreement will be per day, per inmate according to attachment A, except for inmates in the Work Ethic Detention Center program described in Section 4.3.4. 4.2. Fractionalized Fees. In the event a prisoner is held in custody by the County pursuant to this Agreement, and that prisoner is also held in custody at the same time by the County on the basis of State and/or local agency criminal charges, the daily incarceration rate, and all other fees (work ethic detention fees, electronic monitoring charges, medical treatment fees, pre-trial supervision fees, etc.) for the prisoner shall be fractionalized on an equal basis between the respective jurisdictions. "At the same time" as used in this paragraph shall not be interpreted to include time spent while waiting to serve a consecutive sentence for City charges. For example: if a prisoner is held by the County pursuant to City, County, and a third agency's charges, the booking fee, daily incarceration rate charges, and applicable medical treatment charges shall be allocated to each jurisdiction on a 33 1/3% share of the total cost. For purposes of this paragraph, the State of Washington and Yakima County shall be considered one entity. 4.3. Other services. Except as otherwise provided in this Agreement, the City agrees that the County shall be its sole outside source for the following services, and agrees to pay the rates indicated for each service. 4.3.1 Inmate Work Crews. If the City elects to use a supervised inmate work crew, the City shall pay the County for each day or partial day of use of an inmate work crew according to attachment A. 4.3.2. Home Detention. a. The City elects the home detention option indicated below. Option A: If the City so elects, the County will provide home detention electronic monitoring and reporting services to the City for a cost according to attachment A per day per offender. All offender screening, selection, hookups, scheduling, supervision, re -incarceration, and offender fee collections and use will be the province of the City. The County agrees that all City prisoners eligible for home detention shall be referred to the City's home detention program. The County will provide technical assistance as requested; or Option B: If the City so elects, the County will provide any or all of the home detention program service activities listed above. Those activities shall be operated by mutual agreement and in full compliance with the County's program policies, procedures and practices. In this case, there will be no daily rate charged to the City for these services, but the City agrees to allow the County to collect and keep all participant and other revenues and fees associated with providing home detention services. Interlocal Jail Agreement 2 (tk)agree-oounty Jail contract rev 5 clean -pin THE CITY HEREBY ELECTS THE FOLLOWING HOME DETENTION OPTION (Plea a initial one) OPTION A OPTION B b. The County shall maintain reasonable access to a sufficient supply of field monitoring device (FMD) equipment needed to meet the City home detention service needs. The County shall keep and maintain such equipment in good working order and shall update the equipment as necessary. The County shall also make reasonable efforts to provide the City with additional monitoring capabilities, including but not limited to: alpha numeric paging notification, alcohol sensors, daily fax on each monitored defendant, and automated notification regarding monitored defendants who are not in compliance with the home detention monitoring program. c. The City shall not be liable to the County for the loss of or damage to monitoring equipment caused by defendants and/or offenders provided by the County pursuant to this Agreement. Rather, the County shall seek compensation for lost or damaged monitoring equipment from those monitored defendants and/or offenders who lose or damage such equipment. 4.3.3. Pretrial Supervision Program. The City shall pay the County a daily rate for each day or partial day for each City prisoner that is in the Pretrial Supervision program. The daily rate for the duration of this Agreement will be according to attachment A per day per inmate. 4.3.4 Work Ethic Detention. The County is authorized to place City prisoners who are in County custody in the County's Work Ethic Detention program at the County's discretion. This program shall be operated by mutual agreement and in full compliance with the County's program polices, procedures and practices. The daily rate for inmates participating in the Work Ethic Detention Center program shall be per day according to attachment A. 4.4 Affirmative Denial. The City agrees that the County may assume that all inmates committed by the City of Yakima Municipal Court are eligible for all correctional options specified in this Agreement unless the Municipal Court's disposition specifically denies such eligibility or the applicable state statute or City ordinance does not allow such option. The County agrees that it will make a good faith effort to select the correctional option for City prisoners that presents the lowest cost for the City. 4.5 Access to County Computer System. The County shall permit the City continuous access to its computer database regarding any and all City prisoners detained by the County. This continuous access feature shall be accomplished through a computer link between a computer(s) designated by the City at the Police Station/Legal Center and appropriate computer(s) of the County. 5. Prisoner Delivery and Notification. 5.1. When it becomes necessary to incarcerate City prisoners in the County due to City Detention Facility space limitations or for other reasons, the City shall deliver such prisoners to the County Jail. At the time of delivery, the City shall provide a court commitment order to the County. Said order shall specify the release date of the prisoner. The County shall accept any such prisoner; provided, however, that the County may not accept any prisoner who appears to be sick or injured until such prisoner has received proper medical attention and has been cleared for incarceration by an appropriate medical authority. In the event that the County holds a prisoner Interlocal Jail Agreement 3 (1k)agree-county jail contract rev 5 clean -pm beyond the release date, the City shall not be obligated to pay the County any compensation for such additional time. 5.2. In the event a City prisoner is held in custody by the County Jail pursuant to this Agreement, and that prisoner is also detained by the County on the basis of other State and/or other local agency charges, the County shall notify the City when such prisoner will complete his/her sentence for the other jurisdictional charges prior to such date. The City, at its option, may pick up and deliver the prisoner to the City Detention Facility for the Completion of his/her jail sentence. 5.3. In the event a prisoner is received by the County through the Cooperative Transport System pursuant to misdemeanor and/or gross misdemeanor charges filed by the City, the County shall immediately notify the City of the receipt of said prisoner. If the City picks up the prisoner within four (4) hours of notification from the County, then the payment/charges specified in Section 4 of this Agreement shall not apply with regard to such prisoner. 5.4. In the event that the City holds a prisoner in custody at the City Detention Facility pursuant to charges from other jurisdictions for which the County is required to detain the prisoner at its jail facilities, the City shall immediately notify the County of the receipt of said prisoner. The County shall notify the City if it desires to detain the prisoner at its detention facility. If the County does pick up said prisoner within four (4) hours of notification from the City, then no charges and no costs shall accrue against the County in relation to said prisoner. In the event the County does not pick up the prisoner within said time, the County shall pay to the City like charges as are set out in Section 4 hereof. 6. Booking Procedure. Prisoners will be booked by Department of Corrections personnel according to the procedures and policies of the Department of Corrections by completing for each such prisoner an appropriate booking sheet with a copy to be provided to the arresting agency if requested. Prisoners personal property will be held by the County and handled in the same manner as property of its own prisoners. Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of Corrections shall obtain general information concerning the inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which an inmate is entitled. This information shall be provided to the City upon request within forty-eight (48) hours of receipt of the request by the County. Requests shall only be made between 8:00 a.m. and 5:00 p.m. on weekdays. Requests shall not be made on County holidays. 7. Court Appearance. The County shall be responsible for arranging and delivering City prisoners held pursuant to this Agreement for Yakima County Superior Court and District Court appearances. The City shall be responsible for arranging and delivering City prisoners held by the County pursuant to this Agreement for City Municipal Court appearances and then redelivering the prisoner to the appropriate detention facility if necessary. 8. Bail. The County shall deliver all bail to the appropriate court in a manner, which is agreeable to the receiving court. 9. Hold Harmless. a. The County agrees to hold harmless, indemnify, and defend the City, 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 Interlocal Jail Agreement 4 (Ik)agreecounty jail contract rev 5 clean -pm mistreatment, injury, or death to any prisoner, or loss or damage to prisoner property while in County custody) which result from or arise out of the sole negligence of County, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the County's services, duties and obligations under this Agreement. b. The City agrees to hold harmless, indemnify, and defend the County, 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 the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the City services, duties and obligations under this Agreement. c. In the event that the officials, officers, agents, and/or employees of both the County and the City 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 right of indemnification in any third party. 10. Medical. The County shall provide and furnish for prisoners confined in its facility the minor medical care, attention and treatment which is administered within the facility. The County shall immediately notify the Office of the Chief of Police in writing if a City prisoner requires medical or dental treatment at a medical or health care facility. If neither the inmate nor the Washington State Department of Social and Health Services, nor other source provides payment, the City shall bear the expense of any physician, hospital, convalescent, dental, prescription medicine or medical care expense of its prisoners (other than that administered within the facility) confined (1) for violation or alleged violation of a City Ordinance, or (2) for other charges initiated by the City until the charges are disposed of by sentencing or otherwise; provided, that the County shall bear such expenses if it fails to notify the City pursuant to the requirement of this section. The County shall bear the expense of any such medical care, which it directly caused by misfeasance, or malfeasance of the County, its officers or agents. "Immediate notification" shall mean notification as soon as reasonably possible before the inmate receives medical and/or dental treatment with the understanding that such may not be reasonably possible prior to emergency care. In the event a prisoner is held in custody by the County pursuant to this Agreement, and that prisoner is also detained by the County on the basis of other State and/or other local agency criminal charges, the costs of medical and/or dental treatment shall be fractionalized on an equal basis between the respective jurisdictions. For example: if a prisoner is held by the County pursuant to City, County, and a third agency's charges, the total costs of medical and/or dental treatment (other than minor care) shall be allocated on a 33 1/3% share to each jurisdiction. For purposes of this paragraph, the State of Washington and Yakima County shall be considered one entity. 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 70.96A Uniform Alcoholism and Intoxication Treatment. Interlocal Jail Agreement 5 (gcjegree-county jag contract rev 5 clean -pm 12. Implementation. The Director of Corrections and the Chief of Police shall be jointly responsible for implementation and proper administration of this Agreement and will refer problems of implementation to the governing bodies of the County and City for resolution if necessary. 13. Termination. Termination of this Agreement by either party may be accomplished on ninety (90) days written notice to the other party and to the 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; provided, however, that either party may terminate the home detention program specified in Section 4.3.2(a) by providing the other party with thirty (30) days written notice of termination that states the grounds for said termination and specifying plans for accommodating the affected prisoners. 14. Duration of Agreement. The duration of this Agreement shall be from January 1, 2002 through midnight December 31, 2002, unless otherwise terminated in accordance with Section 13 of this Agreement. 15. Property. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 16. Equal Opportunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 17. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Yakima County to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Yakima County stated herein. 18. Non -Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 19. 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. 20. Integration. This written document constitutes the entire Agreement between the City and Yakima County. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both 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: Interlocal Jail Agreement 6 (Ik)agree-county WI contract rev 5 clean -pm TO CITY: TO COUNTY: Chief Don Blesio Yakima Police Department 200 South 3rd Street Yakima, WA 98901 Kenneth A. Ray, Director Yakima County Department of Corrections 111 North Front Street Yakima, WA 98901 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. Arbitration. In the event an interlocal correction/detention agreement for calendar year 2003 is desired by both parties but the parties cannot agree upon the terms of the agreement by March 31, 2003, the new agreement shall automatically be submitted to binding arbitration as provided herein and without any notice. Specifically, the parties shall attempt to name a single arbitrator by April 15, 2003. In the event that the parties cannot agree on a single arbitrator by said time, each party shall appoint one arbitrator by April 30, 2003. The two appointed arbitrators shall then mutually agree on a third arbitrator to chair the arbitration panel. The arbitration panel shall thereafter decide the dispute by majority rule and render a written decision within fourteen (14) calendar days of the arbitration hearing. 24. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City Manager or Mayor and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. Interlocal Jail Agreement 7 (Ik)agree-county Jail contract rev 5 clean -pm CITY OF YAKIMA By: City Manager/ Mayor R. A. Zais, Jr. Date: Y10-'. OQ % ATTEST: City Clerk City Contract No. 2001-124 Resolution No. R-2001-'159 BOARD OF YAKIMA COUNTY C • MMISSIONERS Ai 11 - /ames M. Lew V airman esse S. Palacios, S. Palacios, Commissioner onald F. Ga ache, Commissioner Attest this; day of L`, YrrIOC interlocal Jail Agreement 8 (1k)agree-county jail contract ray 5 dean -pm Carla Rodriguez Clerk of the Board Approved to form: Ronald S. Zirkle Chief Deputy Prosecutor Yakima County 2002 INTER -LOCAL CORRECTIONS AGREEMENTS RATES and PROPOSAL DETAIL ATTACHMENT A LOCAL CORRECTIONAL RATES 2002 Rate 1. Booking Fee 2. Last Day 3. Daily Housing 4. Daily Pretrial Supervision 5. Daily Electronic Home Monitoring 6. Daily Electronic Home Supervision 7. Daily Work Ethic Detention 8. Hourly Work Crews Insurance (per worker hour) Equipment (per mile) BILLING DETAIL None None $ 45.83 $ 3.23 $ 4.75 None $ 34.87 $ 13.56 $ 0.055 $ 0.50 1. Fractionalized Billing (continue current practice) 2. No Booking Fees 3. No Last Day Charge (unless first and last day are the same)(incarceration only) OTHER SPECIAL AGREEMENTS CONDITIONS 1. Agreement language changes accepted 2. Yakima County shall be sole source for correctional options services Pretrial Services Electronic Home Detention (City determines between monitoring and supervision) Work Ethic Detention Center Work Crews Restitution Center Day Jail, other correctional alternatives 3. Affirmative Denial Commitment approved (placed in the agreement) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * 1' For Meeting of November 20, 2001 ITEM TITLE: Consideration of a Resolution Authorizing and Directing the City Manager and the City Clerk of the City of Yakima to Execute an Interlocal Corrections/Detention Agreement with Yakima County for the Provision of Jail Detention Services for 2002. SUBMITTED BY: Don Blesio, Chief of Police Jeff West, Asst. City Attorney CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 Sgt. Rod Light — 575-6393 SUMMARY EXPLANATION: The County has provided and is willing to continue providing jail services to the City for 2002 in accordance with the terms and conditions of the attached agreement. Attached hereto for consideration and approval of the City Council is the resolution and Interlocal Corrections/Detention Agreement for 2002. The County has proposed a fractionalized daily rate of $45.83, excluding last day incarceration. This daily rate reflects an increase of 55 cents per day from the 2001 -contracted amount of $45.28. It also indicates an increase in the work ethic program of 76 cents per day; a decrease of 32 cents per day for pretrial housing; and an increase of 4 cents per day for home detention. Based on the above daily rates and the 2001 daily jail population trend, the projected 2002 incarceration cost is $700,000, which is an increase of approximately $47,000 from 2001 year- end estimate. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: It is recommended the Council enact the resolution authorizing execution of this agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: